References in Acts or instruments to old corporations legislation or old ASIC legislation
12 References in Acts or instruments to old corporations legislation or old ASIC legislation
(1) Subject to subsections (2) and (3), a reference in, or taken immediately before the relevant time to be in, an Act, an instrument made under an Act or a law applying as a law of the Northern Territory by force of an Act to:
(a) a law, regulations or instrument specified in column 1 of the table in Schedule 2 is taken, at and after the relevant time, to include a reference to the Act, regulations or instrument of the kind specified opposite it in column 2 of the table; or
(b) a provision or group of provisions of a law, regulations or instrument of a kind specified in column 1 of the table in Schedule 2 is taken, at and after the relevant time, to include a reference to the corresponding provision or provisions (if any) of the Act, regulations or instrument specified opposite it in column 2 of the table.
The Regulations may:
(a) provide that subsection (1) does not apply in relation to prescribed references or references of a prescribed kind:
in prescribed Acts or instruments made under Acts;
(ii) in prescribed laws applying as laws of the Northern Territory by force of an Act; or
(iii) in Acts, instruments made under Acts, or laws applying as laws of the Northern Territory by force of an Act, of a prescribed kind; or
(b) provide that subsection (1) applies in relation to prescribed references or references of a prescribed kind:
in prescribed Acts or instruments made under Acts; or
(ii) in prescribed laws applying as laws of the Northern Territory by force of an Act; or
(iii) in Acts, instruments made under an Act, or laws applying as laws of the Northern Territory by force of an Act, of a prescribed kind,
as if, in that subsection, the words to be a reference were substituted for the words to include a reference.
(3) Subsection (1) does not apply in relation to references in, or taken immediately before the relevant time to be in:
(a) the old application Act or an applicable provision of the Northern Territory;
(b) a previous Northern Territory corporations law or an instrument made under a previous Northern Territory corporations law;
this Act or the Regulations;
(d) the Corporations Reform (Consequential Amendments NT) Act 2001;
the Interpretation Act 1978;
(f) any other Act, or any provision of an Act, or any kind of Act or provision of an Act, specified by the Regulations;
(g) an instrument made under an Act, or any provision of an instrument made under an Act, or any kind of instrument made under an Act or provision of an instrument made under an Act, specified by the Regulations; or
(h) a law applying as a law of the Northern Territory by force of an Act, or any provision of a law applying as a law of the Northern Territory by force of an Act, or any kind of a law applying as a law of the Northern Territory by force of an Act or provision of a law applying as a law of the Northern Territory, specified by the Regulations.
(4) For the purposes of this Act, the Regulations may provide that a reference of a specified kind in, or taken immediately before the relevant time to be in, a specified Act or instrument made under an Act or a specified law applying as a law of the Northern Territory by force of an Act is to be taken to be the reference of the kind specified in relation to the reference in the Regulations.
(5) An express reference in an Act, an instrument made under an Act or a law applying a law of the Northern Territory by force of an Act to:
(a) an Act, regulations or other instrument forming part of the new corporations legislation or the new ASIC legislation; or
(b) a provision or group of provisions of such an Act, regulations or other instrument,
is taken, in relation to events, circumstances or things that happened or arose at a time before the relevant time, to include (unless the contrary intention appears or the context of the reference otherwise requires) a reference to the corresponding provision or provisions of the old corporations legislation, or the old ASIC legislation (as the case requires) of this jurisdiction and of each other jurisdiction referred to in sections 12(2) and (3) and 64(2) and (3) of the old application Act.
The Regulations may:
(a) provide that subsection (5) does not apply in relation to prescribed references or references of a prescribed kind:
in prescribed Acts or instruments made under Acts; or
(ii) in prescribed laws applying as laws of the Northern Territory by force of an Act; or
(iii) in Acts, instruments made under Acts, or laws applying as laws of the Northern Territory by force of an Act, of a prescribed kind; or
(b) provide that subsection (5) applies in relation to prescribed references or references of a prescribed kind:
in prescribed Acts or instruments made under Acts;
(ii) in prescribed laws applying as laws of the Northern Territory by force of an Act; or
(iii) in Acts, instruments made under Acts, or laws applying as laws of the Northern Territory by force of an Act, of a prescribed kind,
as if, in that subsection, the words "of a jurisdiction specified by the regulations" were substituted for the words "of this jurisdiction and of each other jurisdiction referred to in sections 12(2) and (3) and 64(2) and (3) of the old application Act".
This provision refers to the regulations (The Regulations
, specified by the Regulations
, the Regulations may provide
). Made under this Act:
This Act’s bill:Second reading speech
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