Corporations Act 2001

Section 9 defines this jurisdiction as the area that includes:

each referring State (including its coastal sea); and

each Territory (including its coastal sea, if any); and

also, for the purposes of the application of a provision of Chapter 7 or an associated provision (see subsection (10))—any external Territory in which the provision applies because of subsection (9) (but only to the extent provided for in that subsection).

Throughout this Act, this jurisdiction therefore consists of:

either:

the whole of Australia (if all the States are referring States); or

Australia (other than any State that is not a referring State) if one or more States are not referring States; and

also, when used in or in relation to a provision of Chapter 7 or an associated provision (see subsection (10))—any external Territory in which the provision applies because of subsection (9) (but only to the extent provided for in that subsection).

Each provision of this Act applies in this jurisdiction.

Subject to subsection (8), each provision of this Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.

Each provision of this Act applies according to its tenor to:

natural persons whether:

resident in this jurisdiction or not; and

resident in Australia or not; and

Australian citizens or not; and

all bodies corporate and unincorporated bodies whether:

formed or carrying on business in this jurisdiction or not; and

formed or carrying on business in Australia or not.

Paragraph (b)—many of the provisions in this Act apply only in relation to companies (that is, to companies that are registered under this Act).

This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).

The regulations may provide that, in specified circumstances, a specified external Territory is included in this jurisdiction for the purposes of a specified provision of Chapter 7 (the applicable provision). If the regulations do so:

the applicable provision applies in that external Territory in those circumstances; and

the associated provisions (see subsection (10)) in relation to the applicable provision apply in that external Territory in relation to the applicable provision as so applying.

For the purposes of this section, the associated provisions in relation to a provision of Chapter 7 are:

the provisions of Chapters 1, 9 (including the provisions of Division 2 of Part 9.4 that create offences and of Part 9.4B that allow for pecuniary penalty orders) and 10 as they apply or have effect in relation to, or for the purposes of, the provision; and

any regulations or other instruments (including any that create offences or allow for pecuniary penalty orders) made under this Act for the purposes of any of the provisions covered by paragraph (a); and

if regulations made for the purposes of subsection (9) have been made in relation to the provision—any other provisions of this Act, or any regulations or other instruments made under this Act (including any that create offences or allow for pecuniary penalty orders), specified in those regulations.