Applied Corporations legislation matters under this Law
13 Applied Corporations legislation matters under this Law
Other provisions of this Law declare matters to be applied Corporations legislation matters for the purposes of the Corporations application legislation of this jurisdiction in relation to provisions of the Corporations Act specified in those provisions.
A declaration is made subject to any modifications specified in or in connection with the provision in which the declaration is made.
Additionally, a declaration is also made subject to—
any modifications applying under section 15; and
any modifications prescribed by the National Regulations; and
any necessary modifications.
Note 1.
The Corporations application legislation of this jurisdiction provides for the application of provisions of the Corporations Act and Part 3 of the ASIC Act as laws of this jurisdiction in respect of any matter declared by a law of this jurisdiction (whether with or without modification) to be an applied Corporations legislation matter for the purposes of the Corporations application legislation in relation to those Commonwealth provisions. The Corporations application legislation ensures that a declaration made for the purposes of that legislation only operates so as to apply a provision of the Corporations legislation to a matter as a law of this jurisdiction if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.Note 2.
The following Table indicates the location and subject matter of declarations made under other provisions of this Law.
| Applied provisions of Corporations Act | Location of applied provisions in Corporations Act | Matter to which applied provision applies | Provision of this Law that makes the declaration |
| Sections 111AA–111AX | Part 1.2A (Disclosing entities) | Debentures (and CCUs) of a co-operative | Section 337 |
| Sections 283AA–283HB | Chapter 2L (Debentures) | Debentures (and CCUs) of a co-operative | Section 337 |
| Section 295A | Part 2M.3, Division 1 (Annual financial reports and directors’ reports) | A co-operative with quoted securities | Section 277 |
| Sections 299A–300A | Part 2M.3, Division 1 (Annual financial reports and directors’ reports) | A co-operative with quoted securities | Section 281 |
| Sections 302–306 | Part 2M.3, Division 2 (Half-year financial report and directors’ report) | A co-operative that is a disclosing entity | Section 282 |
| Sections 307–313 | Part 2M.3, Division 3 (Audit and auditor’s report) | A co-operative | Section 283 |
| Section 315 (1) | Part 2M.3, Division 4 (Annual financial reporting to members) | A co-operative that is a disclosing entity | Section 285 |
| Section 318 | Part 2M.3, Division 4 (Annual financial reporting to members) | A co-operative | Section 288 |
| Sections 323–323C | Part 2M.3, Division 6 (Special provisions about consolidated financial statements) | A co-operative | Section 294 |
| Sections 324AA–324DD (except section 324BD) | Part 2M.4 (Appointment and removal of auditors), Divisions 1–5 | A co-operative | Section 297 |
| Sections 416–434G | Part 5.2 (Receivers, and other controllers, of property of corporations) | A co-operative | Section 393 |
| Sections 435A–451D (except section 446B) | Part 5.3A (Administration of a company’s affairs with a view to executing a deed of company arrangement) | A co-operative | Section 382 |
| Sections 459A–581 | Part 5.4 (Winding up in insolvency)Part 5.4A (Winding up by the court on other grounds)Part 5.4B (Winding up in insolvency or by the court)Part 5.5 (Voluntary winding up)Part 5.6 (Winding up generally) | The winding up of a co-operative | Section 444 |
| Sections 465–489E | Part 5.4B (Winding up in insolvency or by the court) | The winding up or deregistration of participating co-operatives | Section 472 |
| Sections 513–581 | Part 5.6 (Winding up generally) | The winding up or deregistration of participating co-operatives | Section 472 |
| Section 536 | Part 5.6, Division 3 (Liquidators) | A person appointed to administer a compromise or arrangement | Section 420 |
| Section 563AAA | Part 5.6, Division 6 (Proof and ranking of claims) | Debentures (and CCUs) issued by a co-operative to any of its members or employees | Section 342 |
| Sections 588C–588Z | Part 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company) | A co-operative | Section 451 |
| Sections 589–596 | Part 5.8 (Offences) | A co-operative | Section 201 |
| Sections 596AA–596AI | Part 5.8A (Employee entitlements) | A co-operative | Section 202 |
| Sections 596A–597B | Part 5.9, Division 1 (Examining a person about a corporation) | A co-operative | Section 489 |
| Sections 600A–600H | Part 5.9, Division 3 (Provisions applying to various kinds of external administration) | A co-operative | Section 382 |
| Sections 601AA–601AH | Part 5A.1 (Deregistration) | The deregistration of a co-operative and a deregistered co-operative | Section 453 |
| Sections 674–678 | Chapter 6CA (Continuous disclosure) | Debentures (and CCUs) of a co-operative | Section 337 |
| Sections 700–742 | Chapter 6D (Fundraising) | Debentures (and CCUs) of a co-operative | Section 337 |
| Sections 1040A–1045A | Part 7.10 (Market misconduct and other prohibited conduct relating to financial products and financial services) | Debentures (and CCUs) of a co-operative | Section 337 |
| Sections 1339–1343A | Part 9.7 (Unclaimed property) | Anything paid or transferred to the Registrar under section 436 (2) | Section 436 (3) |
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