Modifications to applied provisions
15 Modifications to applied provisions
(1) This section applies in relation to any provisions of the Corporations legislation (the applied provisions) that are the subject of:
a declaration under this Law, as referred to in section 13; or
(b) a declaration under the National Regulations, as referred to in section 14.
(2) For the purposes of sections 13 and 14, the following modifications apply:
(a) a reference in the applied provisions to a corporation, company or public company is to be read as a reference to a co-operative;
(b) a reference in the applied provisions to ASIC is to be read as a reference to the Registrar;
(c) a reference in the applied provisions to the court is to be read as a reference to the Supreme Court;
(d) a reference in the applied provisions to the Commonwealth is to be read as a reference to this jurisdiction;
(e) a reference in the applied provisions to articles or memorandum of association or constitution or replaceable rules is to be read as a reference to rules;
(f) a reference in the applied provisions to the Gazette is to be read as a reference to the Government Gazette of this jurisdiction;
(g) a reference in the applied provisions to "prescribed" is to be read as a reference to "approved by the designated authority", and (without limitation) a reference to a prescribed form is to be read as a reference to an approved form within the meaning of this Law;
(h) a reference in the applied provisions to a special resolution is to be read as a reference to a special resolution referred to in section 239 of this Law;
(i) a cross-reference in the applied provisions to another provision of the Corporations Act is, if that cross-reference is not appropriate (because, for example, the provision cross‑referred to is not among the applied provisions), to be read as a cross-reference to the equivalent provision of this Law;
(j) a reference in the applied provisions (including section 311 of the Corporations Act) to a "contravention of this Act" is to be read as including a reference to a contravention of this Law;
(k) a reference in the applied provisions to the regulations is to be read as a reference to the National Regulations or local regulations, as the case requires;
all notes in the applied provisions are to be ignored;
(m) any of the applied provisions that are not relevant to co‑operatives or that are incapable of application to co‑operatives or participating co-operatives are to be ignored.
(3) Subsection (2) does not apply to the extent to which this Law or the National Regulations provide otherwise, whether expressly or by implication.
Division 3 Prescription by National Regulations of other matters dealt with by Corporations legislation
This provision refers to the regulations (prescribed form
, the regulations
). Made under this Act:
This Act’s bill:Explanatory statement
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