Victorian Consolidated Legislation

Corporations (Ancillary Provisions) Act 2001 - SECT 9

Court proceedings and orders

9. Court proceedings and orders



(1) This section applies to a proceeding, whether criminal or civil, in
relation to which the following paragraphs are satisfied-

   (a)  the proceeding was started in a court before the relevant time; and

   (b)  the proceeding was-

   (i)  under a provision of the old corporations legislation or the old ASIC
        legislation; or

   (ii) brought as, or connected with, a prosecution for an offence against a
        provision of the old corporations legislation or the old ASIC
        legislation; and

   (c)  the proceeding was not a proceeding to which section 1383 or 1384 of
        the new Corporations Act or section 267 or 268 of the new ASIC Act
        applies; and

   (d)  the proceeding had not been concluded or terminated before the
        relevant time.

(2) Without limiting section 7(1) but subject to subsection (3), a proceeding
to which this section applies may be continued, and any order made by a court
in such a proceeding may be appealed against, reviewed or enforced as if
section 6 had not been enacted.

(3) Nothing in this Part, or in the Acts Interpretation Act 1901 of the
Commonwealth as applying by force of section 7(1), operates to preserve the
effect of an order to which section 1383(5) of the new Corporations Act or
section 267(5) of the new ASIC Act applies and, at the relevant time, that
order ceases to have effect as an order of the court by which it was made and
any proceeding in relation to such an order is terminated by force of this
subsection.

(4) For the avoidance of doubt, Part 9 of the old application Act continues to
have the same application to a proceeding to which this section applies as it
did before the relevant time.

(5) In this section, proceeding includes-

   (a)  a proceeding by way of appeal against, or otherwise seeking review of,
        an order made by a court; and

   (b)  a proceeding to enforce an order made by a court; and

   (c)  any other proceeding in respect of a breach of an order made by a
        court.