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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corporations (Consequential Amendments) Bill
(No. 2) 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Associations Incorporation
Act 1987
3. The Act amended 3
4. Section 30 amended 3
5. Section 32 amended 3
Part 3 -- Business Names Act 1962
6. The Act amended 4
7. Section 4 amended 4
8. Section 5A amended 4
9. Section 19 amended 5
10. Section 26 amended 6
Part 4 -- Chattel Securities Act 1987
11. The Act amended 7
12. Section 8 amended 7
13. Section 10 amended 7
Part 5 -- Co-operative and Provident
Societies Act 1903
14. The Co-operative and Provident Societies Act 1903
amended 8
page i
53--2
Corporations (Consequential Amendments) Bill (No. 2) 2001
Contents
Part 6 -- Corporations (Ancillary
Provisions) Act 2001
15. The Act amended 9
16. Section 22 amended 9
17. Section 22A inserted 9
18. Section 25 amended 11
Part 7 -- Criminal Property Confiscation
Act 2000
19. The Criminal Property Confiscation Act 2000
amended 12
Part 8 -- Employers' Indemnity
Supplementation Fund Act 1980
20. The Act amended 13
21. Section 3 amended 13
22. Section 35 repealed 13
23. Section 36 amended 14
Part 9 -- Gold Corporation Act 1987
24. The Act amended 15
25. Section 3 amended 15
26. Sections 4, 35 and 48 amended 15
27. Section 72 amended 16
28. Section 73 amended 16
29. Schedule 1 amended 16
Part 10 -- Housing Act 1980
30. The Housing Act 1980 amended 18
Part 11 -- Housing Societies Act 1976
31. The Housing Societies Act 1976 amended 19
Part 12 -- Industrial Relations Act 1979
32. The Industrial Relations Act 1979 amended 20
page ii
Corporations (Consequential Amendments) Bill (No. 2) 2001
Contents
Part 13 -- Limited Partnerships
Act 1909
33. The Limited Partnerships Act 1909 amended 21
Part 14 -- Local Government Act 1995
34. The Local Government Act 1995 amended 22
Part 15 -- Petroleum Act 1967
35. The Petroleum Act 1967 amended 23
Part 16 -- Petroleum Pipelines Act 1969
36. The Petroleum Pipelines Act 1969 amended 24
Part 17 -- Petroleum (Registration Fees)
Act 1967
37. The Petroleum (Registration Fees) Act 1967 amended 25
Part 18 -- Petroleum (Submerged
Lands) Act 1982
38. The Petroleum (Submerged Lands) Act 1982 amended 26
Part 19 -- Petroleum (Submerged
Lands) Registration Fees Act 1982
39. The Petroleum (Submerged Lands) Registration Fees
Act 1982 amended 27
Part 20 -- Pharmacy Act 1964
40. The Pharmacy Act 1964 amended 28
Part 21 -- Property Law Act 1969
41. The Property Law Act 1969 amended 29
Part 22 -- Sale of Land Act 1970
42. The Act amended 30
43. Section 19A amended 30
44. Section 19B amended 30
page iii
Corporations (Consequential Amendments) Bill (No. 2) 2001
Contents
Part 23 -- Suitors' Fund Act 1964
45. The Act amended 31
46. Section 3 amended 31
47. Section 15A amended 31
Part 24 -- Supreme Court Act 1935
48. The Act amended 32
49. Section 60 amended 32
50. Section 145 amended 32
Part 25 -- Unclaimed Money Act 1990
51. The Unclaimed Money Act 1990 amended 33
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Corporations (Consequential Amendments) Bill
(No. 2) 2001
A Bill for
An Act to amend various Acts as a consequence of the
Commonwealth enacting the Corporations Act 2001 and to make
other minor amendments relating to the regulation of bodies
corporate.
The Parliament of Western Australia enacts as follows:
page 1
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Corporations (Consequential
Amendments) Act (No. 2) 2001.
5 2. Commencement
(1) This Act (other than Part 6) is deemed to have come into
operation immediately after the Corporations Act 2001 of the
Commonwealth came into operation.
(2) Part 6 comes into operation on the day on which this Act
10 receives the Royal Assent.
page 2
Corporations (Consequential Amendments) Bill (No. 2) 2001
Associations Incorporation Act 1987 Part 2
s. 3
Part 2 -- Associations Incorporation Act 1987
3. The Act amended
The amendments in this Part are to the Associations
Incorporation Act 1987*.
5 [* Reprinted as at 20 August 1999.
For subsequent amendments see Act No. 10 of 2001.]
4. Section 30 amended
Section 30(4) is amended by deleting "Parts 5.4 to 5.7" and
inserting instead --
10 " one or more of Parts 5.4 to 5.8 ".
5. Section 32 amended
Section 32 is amended by deleting "5.7" and inserting
instead --
" 5.8 ".
page 3
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 3 Business Names Act 1962
s. 6
Part 3 -- Business Names Act 1962
6. The Act amended
The amendments in this Part are to the Business Names
Act 1962*.
5 [*Reprinted as at 16 February 2001.]
7. Section 4 amended
Section 4 is amended as follows:
(a) by deleting the definition of "corporation" and inserting
instead --
10 "
"corporation" means a corporation within the
meaning of the Corporations Act 2001 of the
Commonwealth, other than an exempt body within
the meaning of section 66A of that Act;
15 ";
(b) by deleting the definition of "secretary" and inserting
instead --
"
"secretary", includes --
20 (a) any person performing the duties of secretary
of the corporation; and
(b) the local agent of a foreign corporation
within the meaning of the Corporations
Act 2001 of the Commonwealth;
25 ".
8. Section 5A amended
Section 5A(1)(c) is deleted and the following paragraph is
inserted instead --
"
30 (c) of an offence under --
(i) section 108, 229, 554, 555, 556, 559
or 560 of the Companies (Western
page 4
Corporations (Consequential Amendments) Bill (No. 2) 2001
Business Names Act 1962 Part 3
s. 9
Australia) Code, section 44 of the
Companies (Acquisition of Shares)
(Western Australia) Code or section 129
of the Securities Industry (Western
5 Australia) Code;
(ii) any provision of an equivalent law of
another State or of a Territory of the
Commonwealth that corresponds with
any of the provisions in
10 subparagraph (i);
(iii) any provision of a law of the State, of
another State or of a Territory of the
Commonwealth that was in effect before
the provisions in subparagraph (i) and
15 that corresponds with any of the
provisions in subparagraph (i);
(iv) any provision of the Corporations Law
that corresponds with any of the
provisions in subparagraph (i); or
20 (v) any provision of the Corporations
Act 2001 of the Commonwealth that
corresponds with any of the provisions
in subparagraph (i).
".
25 9. Section 19 amended
Section 19(1)(d) is amended by deleting "name of the
corporation has been struck off any register of corporations kept
under the Companies (Western Australia) Code, or the
corporation has been dissolved" and inserting instead --
30 "
corporation has been deregistered under the
Corporations Act 2001 of the Commonwealth
".
page 5
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 3 Business Names Act 1962
s. 10
10. Section 26 amended
Section 26(2)(a) is amended by deleting "Companies (Western
Australia) Code" and inserting instead --
" Corporations Act 2001 of the Commonwealth ".
page 6
Corporations (Consequential Amendments) Bill (No. 2) 2001
Chattel Securities Act 1987 Part 4
s. 11
Part 4 -- Chattel Securities Act 1987
11. The Act amended
The amendments in this Part are to the Chattel Securities
Act 1987*.
5 [*Act No. 101 of 1987.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 56.]
12. Section 8 amended
(1) Section 8(1)(c) is amended by deleting "Companies (Western
10 Australia) Code" and inserting instead --
" Corporations Act 2001 of the Commonwealth ".
(2) Section 8(2) is amended by deleting "Companies (Western
Australia) Code are related to each other would be determined
under that Code" and inserting instead --
15 "
Corporations Act 2001 of the Commonwealth are
related bodies corporate would be determined under
that Act
".
20 13. Section 10 amended
Section 10(2) is amended by deleting "Companies (Western
Australia) Code" and inserting instead --
" Corporations Act 2001 of the Commonwealth ".
page 7
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 5 Co-operative and Provident Societies Act 1903
s. 14
Part 5 -- Co-operative and Provident Societies Act 1903
14. The Co-operative and Provident Societies Act 1903 amended
Section 46(2) and (3) of the Co-operative and Provident
Societies Act 1903* are amended by inserting after "5.6" --
5 " , 5.7B and 5.8 ".
[* Reprinted as approved 30 September 1969.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 92 and Act No. 10 of 2001.]
page 8
Corporations (Consequential Amendments) Bill (No. 2) 2001
Corporations (Ancillary Provisions) Act 2001 Part 6
s. 15
Part 6 -- Corporations (Ancillary Provisions) Act 2001
15. The Act amended
The amendments in this Part are to the Corporations (Ancillary
Provisions) Act 2001*.
5 [*Act No. 8 of 2001.]
16. Section 22 amended
Section 22(2) is amended as follows --
(a) in paragraphs (b) and (c) by inserting after "1989" --
" of the Commonwealth ";
10 (b) after paragraph (e) by deleting "or";
(c) after paragraph (f) by deleting the full stop and
inserting --
"
; or
15 (g) an Act amending an Act referred to in
paragraph (e) or (f).
".
17. Section 22A inserted
After section 22 the following section is inserted --
20 "
22A. Power to make interim regulations construing
certain references in Acts
(1) The Governor, on the recommendation of the Minister,
may make regulations providing that an affected
25 reference in an Act is to be construed as set out in the
regulations.
page 9
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 6 Corporations (Ancillary Provisions) Act 2001
s. 17
(2) The Minister may make a recommendation under
subsection (1) only if he or she considers that --
(a) each substantive provision of the proposed
regulations is necessary as a consequence of the
5 enactment, or the proposed enactment, by the
Parliament of the Commonwealth of an Act
amending the new ASIC Act or the new
Corporations Act; and
(b) subject to subsection (3), the proposed
10 regulations do not deal with any other matter.
(3) Regulations made under this section may deal with
matters of a transitional nature (including matters of an
application or savings nature) consequent on the
enactment of the amending Act referred to in
15 subsection (2)(a).
(4) Regulations made under this section have effect
according to their terms.
(5) Regulations under this section cannot be made after the
end of 12 months after the amending Act to which they
20 relate (or the relevant provision of that Act) comes into
operation.
(6) Regulations made under this section expire on the first
anniversary of the day on which they are made unless
they are revoked, or expressed to expire, on an earlier
25 day.
(7) In this section --
"affected reference" means --
(a) a reference in an Act to a provision of the
new ASIC Act or the new Corporations Act;
30 or
page 10
Corporations (Consequential Amendments) Bill (No. 2) 2001
Corporations (Ancillary Provisions) Act 2001 Part 6
s. 18
(b) a reference in an Act to a term, expression or
concept defined or used in the new ASIC Act
or the new Corporations Act,
that is, or is to be, affected in any way by the
5 enactment or proposed enactment by the
Parliament of the Commonwealth of an Act
amending the new ASIC Act or the new
Corporations Act.
".
10 18. Section 25 amended
Section 25(6) is amended by inserting after "relevant time" --
"
or, in the case of regulations made under
section 22(2)(g) or 22A, the time when the amending
15 Act (or the relevant provision of that Act) comes into
operation or is taken to have come into operation
".
page 11
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 7 Criminal Property Confiscation Act 2000
s. 19
Part 7 -- Criminal Property Confiscation Act 2000
19. The Criminal Property Confiscation Act 2000 amended
The Glossary of the Criminal Property Confiscation Act 2000*
is amended in paragraph (b) of the definition of "corporation"
5 by deleting "Companies (Western Australia) Code" and
inserting instead --
"
Corporations Act 2001 of the
Commonwealth, other than an exempt body
10 within the meaning of section 66A of that
Act
".
[*Act No. 68 of 2000.
For subsequent amendments see Act No. 12 of 2001.]
page 12
Corporations (Consequential Amendments) Bill (No. 2) 2001
Employers' Indemnity Supplementation Fund Act 1980 Part 8
s. 20
Part 8 -- Employers' Indemnity Supplementation Fund
Act 1980
20. The Act amended
The amendments in this Part are to the Employers' Indemnity
5 Supplementation Fund Act 1980*.
[*Reprinted as at 7 December 1994.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 135 and Act No. 2 of 2001.]
21. Section 3 amended
10 Section 3 is amended by inserting the following definition in the
appropriate alphabetical position --
"
"Corporations Act" means the Corporations Act 2001
of the Commonwealth;
15 ".
22. Section 35 repealed
Section 35 is repealed and the following section inserted
instead --
"
20 35. Control of powers of liquidators of insurers
(1) The liquidator of an insurer may exercise his or her
powers under section 477 of the Corporations Act with
respect to any claim, judgment, order or award arising
out of or in relation to an employer's policy issued by
25 the insurer subject to the following --
(a) the liquidator may not exercise his or her
powers under section 477(1) of the
Corporations Act without the authority of the
Insurance Commission;
page 13
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 8 Employers' Indemnity Supplementation Fund Act 1980
s. 23
(b) section 477(1)(b) applies as if "subject to the
provisions of section 556," were deleted;
(c) section 477(2A) and (2B) apply as if the
references in them to the approval of the Court,
5 of the committee of inspection or of a
resolution of the creditors were references to
the approval of the Insurance Commission.
(2) Subsection (1) is declared to be a Corporations
legislation displacement provision for the purposes of
10 section 5G of the Corporations Act in relation to
section 477 of that Act.
".
23. Section 36 amended
(1) Section 36(1) and (2) are amended by deleting "section 441 of
15 the Companies (Western Australia) Code" and inserting
instead --
" section 556 of the Corporations Act ".
(2) After section 36(3) the following subsection is inserted --
"
20 (4) The payment of an amount referred to in subsection (1)
or (2) is declared to be an excluded matter for the
purposes of section 5F of the Corporations Act in
relation to that Act to the extent to which the payment
of the amount is governed by subsection (1) or (2).
25 ".
page 14
Corporations (Consequential Amendments) Bill (No. 2) 2001
Gold Corporation Act 1987 Part 9
s. 24
Part 9 -- Gold Corporation Act 1987
24. The Act amended
The amendments in this Part are to the Gold Corporation
Act 1987*.
5 [*Reprinted as at 2 January 2001.
For subsequent amendments see Act No. 43 of 2000.]
25. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Code";
10 (b) by inserting the following definition in the appropriate
alphabetical position --
"
"Corporations Act" means the Corporations Act 2001
of the Commonwealth;
15 ";
(c) by deleting paragraph (c) of the definition of
"subsidiary" and inserting instead --
"
(c) any body corporate that would be a
20 subsidiary of Gold Corporation within the
meaning of the Corporations Act if that Act
applied to Gold Corporation;
".
26. Sections 4, 35 and 48 amended
25 Sections 4(2)(d)(ii), 35(3)(d)(ii) and 48(2)(d)(ii) are amended by
deleting "might have been attributed to a public company
incorporated pursuant to the Code" and inserting instead --
"
are attributed to a public company
30 registered under the Corporations Act
".
page 15
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 9 Gold Corporation Act 1987
s. 27
27. Section 72 amended
Section 72(3) is repealed and the following subsection is
inserted instead --
"
5 (3) In relation to a body corporate other than Gold Bank or
Gold Corporation or a subsidiary of Gold Bank or Gold
Corporation, "officer" means --
(a) an officer within the meaning of the
Corporations Act; and
10 (b) any authorised person (not already covered by
paragraph (a)) who enters into possession or
assumes control of property of the body
corporate under the Corporations Act for the
purposes of enforcing a charge.
15 ".
28. Section 73 amended
Section 73(5) is amended by deleting "Part X of the Securities
Industry (Western Australia) Code, or of the provisions of a law
in force in a State or Territory that is a participating State or
20 participating Territory for the purposes of that Code being
provisions that correspond with the Part of the Code" and
inserting instead --
" Part 7.11 of the Corporations Act ".
29. Schedule 1 amended
25 (1) Schedule 1 clause 2(2)(b) is amended by deleting "section 5 of
the Code" and inserting instead --
" the Corporations Act ".
page 16
Corporations (Consequential Amendments) Bill (No. 2) 2001
Gold Corporation Act 1987 Part 9
s. 29
(2) Schedule 1 clause 10(2)(b)(i) is amended by deleting "(not
being a substantial shareholding within the meaning of
Division 4 of Part IV of the Code)" and inserting instead --
"
5 (not being a substantial holding within the
meaning of the Corporations Act)
".
page 17
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 10 Housing Act 1980
s. 30
Part 10 -- Housing Act 1980
30. The Housing Act 1980 amended
(1) The amendments in this Part are to the Housing Act 1980*.
[*Reprinted as at 27 May 1999.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 205 and Act No. 12 of 2001.]
(2) Section 55(4) is repealed and the following subsection is
inserted instead --
"
10 (4) The floating security and charge and the debt owing to
the Crown are declared to be excluded matters for the
purposes of section 5F of the Corporations Act 2001 of
the Commonwealth in relation to Chapter 5 of that Act,
to the extent to which subsections (1), (2) and (3) of
15 this section provide for them in a way that would be
inconsistent with that Chapter but for this declaration
and section 5F of that Act.
".
(3) Section 55(5) is amended by deleting "Part XII of the
20 Companies (Western Australia) Code or a corresponding law"
and inserting instead --
"
Chapter 5 of the Corporations Act 2001 of the
Commonwealth
25 ".
page 18
Corporations (Consequential Amendments) Bill (No. 2) 2001
Housing Societies Act 1976 Part 11
s. 31
Part 11 -- Housing Societies Act 1976
31. The Housing Societies Act 1976 amended
Section 71(2) and (2a) of the Housing Societies Act 1976* are
amended by inserting after "5.6" --
5 " , 5.7B and 5.8 ".
[* On 13 July 2001 the Building Societies Act 1976 was
renamed the Housing Societies Act 1976 by the Building
Societies Amendment Act 2001.
The Building Societies Act 1976 was reprinted as approved
10 14 April 1986.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 46, and Acts Nos. 10 and 12 of
2001.]
page 19
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 12 Industrial Relations Act 1979
s. 32
Part 12 -- Industrial Relations Act 1979
32. The Industrial Relations Act 1979 amended
Section 96H(3) of the Industrial Relations Act 1979* is repealed
and the following subsection is inserted instead --
5 "
(3) In this section --
"corporation" means a corporation within the
meaning of the Corporations Act 2001 of the
Commonwealth, other than an exempt body within
10 the meaning of section 66A of that Act.
".
[* Reprinted as at 4 February 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 213 and Act No. 10 of 2001.]
page 20
Corporations (Consequential Amendments) Bill (No. 2) 2001
Limited Partnerships Act 1909 Part 13
s. 33
Part 13 -- Limited Partnerships Act 1909
33. The Limited Partnerships Act 1909 amended
(1) The amendments in this Part are to the Limited Partnerships
Act 1909*.
5 [* Reprinted as approved 15 April 1985.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 251.]
(2) Section 6(4) is repealed and the following subsections are
inserted instead --
10 "
(4) The winding up of a limited partnership is declared to
be an applied Corporations legislation matter for the
purposes of Part 3 of the Corporations (Ancillary
Provisions) Act 2001 in relation to Parts 5.4, 5.4A,
15 5.4B, 5.6, 5.7B and 5.8 (winding up) of the
Corporations Act 2001 of the Commonwealth.
(4a) The following modifications to the text of Parts 5.4,
5.4A, 5.4B, 5.6, 5.7B and 5.8 of the Corporations
Act 2001 of the Commonwealth apply for the purposes
20 of subsection (4) --
(a) a reference to a company is to be read as a
reference to a limited partnership;
(b) a reference to the directors of a company is to
be read as a reference to the general partners of
25 a limited partnership;
(c) a reference to ASIC is to be read as a reference
to the Registrar;
(d) a reference to the Court is to be read as a
reference to the Supreme Court.
30 ".
page 21
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 14 Local Government Act 1995
s. 34
Part 14 -- Local Government Act 1995
34. The Local Government Act 1995 amended
Section 9.58(4)(b) of the Local Government Act 1995* is
amended by deleting "Corporate Affairs" and inserting
5 instead --
" Fair Trading ".
[* Reprinted as at 18 February 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 257 and Acts Nos. 36 of 1999
10 and 10 of 2001.]
page 22
Corporations (Consequential Amendments) Bill (No. 2) 2001
Petroleum Act 1967 Part 15
s. 35
Part 15 -- Petroleum Act 1967
35. The Petroleum Act 1967 amended
(1) The amendments in this Part are to the Petroleum Act 1967*.
[* Reprinted as at 14 January 2000.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 336.]
(2) Section 75(8) is amended by deleting "the National Companies
and Securities Commission relating to the creation of that
charge pursuant to section 201 of the Companies (Western
10 Australia) Code or pursuant to the corresponding provision of a
law of the Commonwealth or another State or a Territory" and
inserting instead --
"
the Australian Securities and Investments Commission
15 relating to the creation of that charge pursuant to
section 263 of the Corporations Act 2001 of the
Commonwealth
".
(3) Section 75(15) is amended by deleting "section 201 of the
20 Companies (Western Australia) Code" and inserting instead --
" the Corporations Act 2001 of the Commonwealth ".
page 23
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 16 Petroleum Pipelines Act 1969
s. 36
Part 16 -- Petroleum Pipelines Act 1969
36. The Petroleum Pipelines Act 1969 amended
(1) The amendments in this Part are to the Petroleum Pipelines
Act 1969*.
5 [* Reprinted as at 12 May 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 337.]
(2) Section 47(8) is amended by deleting "the National Companies
and Securities Commission relating to the creation of that
10 charge pursuant to section 201 of the Companies (Western
Australia) Code or pursuant to the corresponding provision of a
law of the Commonwealth or another State or a Territory" and
inserting instead --
"
15 the Australian Securities and Investments Commission
relating to the creation of that charge pursuant to
section 263 of the Corporations Act 2001 of the
Commonwealth
".
20 (3) Section 47(15) is amended by deleting "section 201 of the
Companies (Western Australia) Code" and inserting instead --
" the Corporations Act 2001 of the Commonwealth ".
page 24
Corporations (Consequential Amendments) Bill (No. 2) 2001
Petroleum (Registration Fees) Act 1967 Part 17
s. 37
Part 17 -- Petroleum (Registration Fees) Act 1967
37. The Petroleum (Registration Fees) Act 1967 amended
(1) The amendments in this Part are to the Petroleum (Registration
Fees) Act 1967*.
5 [* Reprinted as at 16 January 1992.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 338.]
(2) Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following
subparagraph is inserted instead --
10 "
(i) they are related bodies corporate within
the meaning of the Corporations
Act 2001 of the Commonwealth;
".
page 25
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 18 Petroleum (Submerged Lands) Act 1982
s. 38
Part 18 -- Petroleum (Submerged Lands) Act 1982
38. The Petroleum (Submerged Lands) Act 1982 amended
(1) The amendments in this Part are to the Petroleum (Submerged
Lands) Act 1982*.
5 [* Reprinted as at 6 August 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 339.]
(2) Section 81(8) is amended by deleting "the National Companies
and Securities Commission relating to the creation of that
10 charge pursuant to section 201 of the Companies (Western
Australia) Code or pursuant to the corresponding provision of a
law of the Commonwealth or another State or a Territory" and
inserting instead --
"
15 the Australian Securities and Investments Commission
relating to the creation of that charge pursuant to
section 263 of the Corporations Act 2001 of the
Commonwealth
".
20 (3) Section 81(16) is amended by deleting "section 201 of the
Companies (Western Australia) Code" and inserting instead --
" the Corporations Act 2001 of the Commonwealth ".
page 26
Corporations (Consequential Amendments) Bill (No. 2) 2001
Petroleum (Submerged Lands) Registration Fees Act 1982 Part 19
s. 39
Part 19 -- Petroleum (Submerged Lands) Registration
Fees Act 1982
39. The Petroleum (Submerged Lands) Registration Fees
Act 1982 amended
5 (1) The amendments in this Part are to the Petroleum (Submerged
Lands) Registration Fees Act 1982*.
[*Reprinted as at 18 March 1992.]
(2) Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following
subparagraph is inserted instead --
10 "
(i) they are related bodies corporate within
the meaning of the Corporations
Act 2001 of the Commonwealth;
".
page 27
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 20 Pharmacy Act 1964
s. 40
Part 20 -- Pharmacy Act 1964
40. The Pharmacy Act 1964 amended
Section 5(1) of the Pharmacy Act 1964* is amended by deleting
the definition of "Company" and inserting instead --
5 "
"Company" means a company, within the meaning of
the Corporations Act 2001 of the Commonwealth,
that is taken to be registered in Western Australia;
".
10 [* Reprinted as at 29 January 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 340.]
page 28
Corporations (Consequential Amendments) Bill (No. 2) 2001
Property Law Act 1969 Part 21
s. 41
Part 21 -- Property Law Act 1969
41. The Property Law Act 1969 amended
Section 88(2) of the Property Law Act 1969* is amended by
deleting "and not in derogation of the provisions of section 35
5 of the Companies Act 1961" and inserting instead --
"
the provisions of the Corporations Act 2001 of the
Commonwealth
".
10 [* Reprinted as at 21 May 1999.]
page 29
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 22 Sale of Land Act 1970
s. 42
Part 22 -- Sale of Land Act 1970
42. The Act amended
The amendments in this Part are to the Sale of Land Act 1970*.
[* Reprint approved 8 May 1978.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 402.]
43. Section 19A amended
Section 19A(2)(d)(i) is amended by deleting "would, within the
meaning of subsection (5) of section 7 of the Companies
10 (Western Australia) Code, be deemed to be related to each
other" and inserting instead --
"
are related bodies corporate within the
meaning of the Corporations Act 2001
15 of the Commonwealth
".
44. Section 19B amended
Section 19B(1)(a) is amended by deleting "a deed that is an
approved deed under and for the purposes of Division 6 of
20 Part IV of the Companies (Western Australia) Code" and
inserting instead --
"
a managed investment scheme that is registered
under Part 5C.1 of the Corporations Act 2001
25 of the Commonwealth
".
page 30
Corporations (Consequential Amendments) Bill (No. 2) 2001
Suitors' Fund Act 1964 Part 23
s. 45
Part 23 -- Suitors' Fund Act 1964
45. The Act amended
The amendments in this Part are to the Suitors' Fund Act 1964*.
[* Reprinted as at 29 October 1999.]
5 46. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of "company" and of "foreign
company";
(b) by inserting the following definitions in the appropriate
10 alphabetical positions --
"
"company" has the same meaning as it has in the
Corporations Act 2001 of the Commonwealth;
"foreign company" means a foreign company within
15 the meaning of the Corporations Act 2001 of the
Commonwealth, and a registrable Australian body
(within the meaning of that Act) other than such a
body formed or incorporated in the State;
".
20 47. Section 15A amended
Section 15A is amended by deleting "is, under and for the
purposes of the Companies (Western Australia) Code, deemed
to be a subsidiary of, or related to," and inserting instead --
"
25 is, for the purposes of the Corporations Act 2001 of the
Commonwealth, a related body corporate of
".
page 31
Corporations (Consequential Amendments) Bill (No. 2) 2001
Part 24 Supreme Court Act 1935
s. 48
Part 24 -- Supreme Court Act 1935
48. The Act amended
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see Act No. 27 of 2000.]
49. Section 60 amended
Section 60(1)(f)(iii) is repealed.
50. Section 145 amended
10 Section 145(3) is repealed.
page 32
Corporations (Consequential Amendments) Bill (No. 2) 2001
Unclaimed Money Act 1990 Part 25
s. 51
Part 25 -- Unclaimed Money Act 1990
51. The Unclaimed Money Act 1990 amended
Section 7(5) of the Unclaimed Money Act 1990* is amended by
deleting "Companies (Western Australia) Code" and inserting
5 instead --
" Corporations Act 2001 of the Commonwealth ".
[* Reprinted as at 5 November 1999.]
page 33
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