Definitions
4 Definitions
In this Act:
applicable provision of the Northern Territory means a provision of:
the old Corporations Law or the old Corporations Regulations;
the old ASIC Law or the old ASIC Regulations; or
a Commonwealth law as applying because an Act in relation to:
an offence against; or
an act, matter or thing arising under or in respect of,
a provision that, because of any other application or applications of this definition, is an applicable provision of the Northern Territory, a State of the Commonwealth or the Australian Capital Territory and the Jervis Bay Territory.
ASIC means the Australian Securities and Investments Commission.
carried over provision:
(a) of the old corporations legislation means a provision of that legislation that:
was in force immediately before the relevant time; and
(ii) corresponds to a provision of the new corporations legislation; and
(b) of the old ASIC legislation means a provision of that legislation that:
was in force immediately before the relevant time; and
corresponds to a provision of the new ASIC legislation.
co-operative scheme law means any of the following laws:
Companies (Application of Laws) Act 1986;
Companies (Northern Territory) Code;
(c) Companies (Acquisition of Shares)(Application of Laws) Act 1986;
Companies (Acquisition of Shares) (Northern Territory) Code;
(e) Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1986;
(f) Companies and Securities (Interpretation and Miscellaneous Provisions) (Northern Territory) Code;
Securities Industry (Application of Laws) Act 1986;
Securities Industry (Northern Territory) Code;
Futures Industry (Application of Laws) Act 1986;
Futures Industry (Northern Territory) Code.
Corporations Law of the Northern Territory means the Corporations Law set out in section 82 of the Corporations Act 1989 (Cth) applying as a law of the Northern Territory under section 7 of the old application Act.
corresponds derives its meaning from the meaning of a corresponding provision in section 5.
instrument includes an instrument of a legislative or administrative character.
liability includes a duty or obligation.
made includes issued, given or published.
national scheme law of this jurisdiction means:
the Corporations (Northern Territory) Act 1990;
the old Corporations Law; or
the old ASIC Law.
new ASIC Act means the Australian Securities and Investments Commission Act 2001 (Cth).
new ASIC legislation means:
the new ASIC Act;
(b) the new ASIC Regulations (as amended and in force from time to time) and any other regulations made under the new ASIC Act;
(c) the laws of the Commonwealth referred to in paragraph (a)(ii) and (in relation to the Northern Territory) paragraph (b)(iii) of the definition of old ASIC legislation in section 254(1) of the new ASIC Act, being those laws as they apply after the relevant time; and
the preserved instruments.
new ASIC Regulations means the old ASIC Regulations that, because of section 264 of the new ASIC Act, have effect as if they were made under section 251 of that Act.
new Corporations Act means the Corporations Act 2001 (Cth).
new corporations legislation means:
the new Corporations Act;
(b) the new Corporations Regulations (as amended and in force from time to time) and any other regulations made under the new Corporations Act;
(c) the laws of the Commonwealth referred to (in relation to the Northern Territory) in paragraph (c) of the definition of old corporations legislation in section 1371(1) of the new Corporations Act, being those laws as they apply after the relevant time; and
the preserved instruments.
new Corporations Regulations means the old Corporations Regulations that, because of section 1380 of the new Corporations Act, have effect as if they were made under section 1364 of that Act.
old application Act means the Corporations (Northern Territory) Act 1990 as in force from time to time before the relevant time.
old ASIC Act means the Australian Securities and Investments Commission Act 1989 (Cth) as in force from time to time before the relevant time.
old ASIC Law means the old ASIC Act, other than the excluded provisions specified in section 58(2) of the old application Act, from time to time applying before the relevant time as the ASIC Law of the Northern Territory within the meaning of section 58 of the old Application Act.
old ASIC legislation means:
(a) the old ASIC Law and the old ASIC Regulations, and any instruments made under that Law or those Regulations;
(b) the old application Act, and any instruments made under that Act, as applying in relation to the old ASIC Law and the old ASIC Regulations from time to time before the relevant time; and
(c) the laws of the Commonwealth as applying in relation to the old ASIC Law and the old ASIC Regulations from time to time before the relevant time as laws of, or for the government of, the Northern Territory because of Part 8 of the old application Act, and any instruments made under those laws as so applying.
old ASIC Regulations means the regulations in force under section 251 of the old ASIC Act applying from time to time before the relevant time as the ASIC Regulations of the Northern Territory within the meaning of section 59 of the old application Act.
old Corporations Law means the Corporations Law of the Northern Territory as in force from time to time, before the relevant time.
old corporations legislation means:
(a) the old Corporations Law and the old Corporations Regulations, and any instruments made under that Law or those Regulations;
(b) the old application Act, and any instruments made under that Act, as applying in relation to the old Corporations Law and the old Corporations Regulations from time to time before the relevant time; and
(c) the laws of the Commonwealth as applying in relation to the old Corporations Law and the old Corporations Regulations from time to time before the relevant time as laws of, or for the government of, the Northern Territory because of Part 8 of the old application Act, and any instruments made under those laws as so applying.
old Corporations Regulations means the regulations in force under section 22 of the Corporations Act 1989 (Cth) applying from time to time before the relevant time as the Corporations Regulations of the Northern Territory within the meaning of section 8 of the old application Act.
order, in relation to a court, includes any judgment, conviction or sentence of the court.
preserved instrument means:
(a) in relation to the new corporations legislation – an instrument that, because of section 1399 of the new Corporations Act, has effect after the relevant time as if it were made under a provision of the new corporations legislation; and
(b) in relation to the new ASIC legislation – an instrument that, because of section 275 of the new ASIC Act, has effect after the relevant time as if it were made under a provision of the new ASIC legislation.
previous Northern Territory corporations law means:
the Companies Act 1963;
the Marketable Securities Act 1971;
a co-operative scheme law; or
(d) any other Act, or provision of an Act, specified by the regulations under subsection (2).
provision of a law includes any portion of the law.
referring State has the same meaning as in section 4 of the new Corporations Act.
relevant time means the time when the new Corporations Act, as originally enacted, comes into operation.
right includes an interest or status.
(2) The Regulations may provide that a specified Act, or a specified provision of an Act, is a previous Northern Territory corporations law for the purposes of this 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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