Victorian Consolidated Legislation

Corporations (Ancillary Provisions) Act 2001 - SECT 8

Certain provisions of State law taken to operate despite national scheme law

8. Certain provisions of State law taken to operate despite national scheme
law



(1) Any provision of a relevant law of the State that-

   (a)  makes (or, if not in force, would make on coming into force) provision
        in relation to a matter in a manner that is inconsistent with a
        provision or provisions of a national scheme law of this jurisdiction;
        or

   (b)  but for the operation of section 5 of the old application Act would
        have made (or, if not in force, would have made on coming into force)
        provision in relation to a matter in a manner that is inconsistent
        with a provision or provisions of a national scheme law of this
        jurisdiction-

is declared by this subsection to have effect despite the provision or
provisions of the national scheme law of this jurisdiction with which it is
inconsistent and as if the relevant law, or (in the case of a relevant law
that is not an Act) the Act under which the relevant law was made, had itself
provided expressly for this outcome. Note Section 5G of the
Corporations Act 2001 of the Commonwealth applies to a provision of a State
law that is inconsistent with a provision of the Corporations legislation to
which Part 1.1A of that Act applies if that provision operated, immediately
before the commencement of that Act, despite the provision of the old
Corporations Law or the old ASIC Law that corresponds to the Commonwealth
provision.

(2) Any provision of a relevant law of the State that provides that the whole
of a previous State corporations law or a specified provision of a previous
State corporations law does not apply to a matter is declared by this
subsection to also provide that the whole of the old Corporations Law and the
old ASIC Law or the corresponding provision (if any) of the old Corporations
Law or the old ASIC Law (as the case requires) does not apply to that matter.

Note Under section 5F(4) of the Corporations Act 2001 of the Commonwealth if
the old Corporations Law or the old ASIC law, or a provision of that Law, did
not apply to a matter immediately before the commencement of that Act, then
the Corporations legislation to which Part 1.1A of that Act applies, or the
corresponding provision of that legislation, does not apply to the matter.

(3) Subsection (1) or (2) does not apply to a provision of a relevant law of
the State (or a class of provision of relevant laws of the State) specified by
the regulations as a provision (or class of provision) to which the subsection
does not apply.

(4) For the purposes of subsection (1), a provision of a relevant law of the
State is inconsistent with a provision of a national scheme law of this
jurisdiction if it would be inconsistent within the meaning of section 109 of
the Constitution of the Commonwealth of Australia if the national scheme law
were an Act of the Commonwealth.

(5) Nothing in this section affects the operation of section 6 of the old
application Act in relation to an Act enacted before the commencement of that
section or an instrument made under such an Act.

(6) In this section-

matter includes act, omission, body, person or thing;

relevant law of the State means a law of the State enacted or made before the
relevant time (whether or not it is in force before that time) other than a
national scheme law of this jurisdiction or a previous State corporations law.