Victorian Consolidated Legislation

Corporations (Ancillary Provisions) Act 2001 - SECT 11

References to old/new corporations legislation or old/new ASIC legislation

11. References to old/new corporations legislation or old/new ASIC legislation



(1) Subject to subsections (2) and (3), a reference in, or taken immediately
before the relevant time to be in, an Act, an instrument made under an Act or
a law applying as a law of the State by force of an Act to-

   (a)  a Law, Regulations or instrument of a kind specified in column 1 of
        the Table in the Schedule is taken, at and after the relevant time,
        to include a reference to the Act, Regulations or instrument of the
        kind specified opposite it in column 2 of that Table; or

   (b)  a provision or group of provisions of a Law, Regulations or instrument
        of a kind specified in column 1 of the Table in the Schedule is taken,
        at and after the relevant time, to include a reference to the
        corresponding provision or provisions (if any) of the Act, Regulations
        or instrument of the kind specified opposite it in column 2 of that
        Table.

(2) The regulations may do either or both of the following-

   (a)  provide that subsection (1) does not apply in relation to prescribed
        references, or references of a prescribed kind-

   (i)  in prescribed Acts or instruments made under Acts; or

   (ii) in prescribed laws applying as laws of the State by force of an Act;
        or

   (iii) in Acts, instruments made under Acts, or laws applying as laws of the
        State by force of an Act, of a prescribed kind;

   (b)  provide that subsection (1) applies in relation to prescribed
        references, or references of a prescribed kind-

   (i)  in prescribed Acts or instruments made under Acts; or

   (ii) in prescribed laws applying as laws of the State by force of an Act;
        or

   (iii) in Acts, instruments made under Acts, or laws applying as laws of the
        State by force of an Act, of a prescribed kind-
as if, in that subsection, the words "to be a reference" were substituted for
the words "to include a reference".

(3) Subsection (1) does not apply in relation to references in, or taken
immediately before the relevant time to be in-

   (a)  the old application Act or the applicable provisions (as defined in
        that Act) of the State; or

   (b)  a previous State corporations law or an instrument made under such a
        law; or

   (c)  this Act or any regulations made under this Act; or

   (d)  the Corporations (Consequential Amendments) Act 2001; or

   (e)  the Interpretation of Legislation Act 1984; or

   (f)  any other Act, or any provision of an Act, or any kind of Act or
        provision of an Act, specified by the regulations; or

   (g)  an instrument made under an Act, or any provision of an instrument
        made under an Act, or any kind of instrument made under an Act or
        provision of such an instrument, specified by the regulations; or

   (h)  a law applying as a law of the State by force of an Act, or any
        provision of a law applying as a law of the State by force of an Act,
        or any kind of law applying as a law of the State by force of an Act
        or provision of such a law, specified by the regulations.

(4) For the purposes of this Act, the regulations may provide that a reference
of a specified kind in, or taken immediately before the relevant time to be
in, a specified Act or instrument made under an Act or a specified law
applying as a law of the State by force of an Act is to be taken
to be a reference of the kind specified in relation to the reference in the
regulations.

(5) An express reference in an Act, an instrument made under an Act or a law
applying as a law of the State by force of an Act to-

   (a)  an Act, regulations or other instrument forming part of the new
        corporations legislation or the new ASIC legislation; or

   (b)  a provision or group of provisions of such an Act, regulations or
        other instrument-

is taken, in relation to events, circumstances or things that happened or
arose at a time before the relevant time, to include (unless the contrary
intention appears or the context of the reference otherwise requires) a
reference to the corresponding provision or provisions of the old corporations
legislation, or the old ASIC legislation, as the case requires, of this
jurisdiction and of each other jurisdiction referred to in sections 12(2) and
(3) and 64(2) and (3) of the old application Act.

(6) The regulations may do either or both of the following-

   (a)  provide that subsection (5) does not apply in relation to prescribed
        references, or references of a prescribed kind-

   (i)  in prescribed Acts or instruments made under Acts; or

   (ii) in prescribed laws applying as laws of the State by force of an Act;
        or

   (iii) in Acts, instruments made under Acts, or laws applying as laws of the
        State by force of an Act, of a prescribed kind;

   (b)  provide that subsection (5) applies in relation to prescribed
        references, or references of a prescribed kind-

   (i)  in prescribed Acts or instruments made under Acts; or

   (ii) in prescribed laws applying as laws of the State by force of an Act;
        or

   (iii) in Acts, instruments made under Acts, or laws applying as laws of the
        State by force of an Act, of a prescribed kind-
as if, in that subsection, the words "of a jurisdiction specified by the
regulations" were substituted for the words "of this jurisdiction and of each
other jurisdiction referred to in sections 12(2) and (3) and 64(2) and (3) of
the old application Act".