Corporations Regulations 2001

Subject to subregulation (3), this regulation applies if:

a register was in existence, or was required to be in existence, under the relevant old legislation:

before the FSR commencement; or

after the FSR commencement, but before the amended Corporations Act began to apply to a person’s activities; and

the register:

is required to be maintained, after the FSR commencement, by a law other than this regulation; or

would have been required to be maintained, after the FSR commencement, by a provision of the relevant old legislation if the provision had continued in operation after the FSR commencement.

To avoid doubt:

the person responsible for maintaining the register may exercise any of the powers, and perform any of the functions, that the person had immediately before the FSR commencement in relation to:

a person whose details appear in the register; and

any other person to whom the register relates (including a person described in a capacity that came into existence after the FSR commencement); and

paragraph (a) includes the power:

to amend the register; and

to include new information in the register; and

this regulation does not impose any obligation on the person to exercise any of the powers or perform any of the functions.

The person must maintain the register for the same period of time, and in the same manner, that would have been required if the relevant old legislation had continued in force.