Continuation of particular provisions for corporate entities
297 Continuation of particular provisions for corporate entities
Note—
See also section 302 (Exemption from continuation of particular provisions for corporate entities) and section 303 (Continuation of particular provisions of other Acts for corporate entities).
A corporate entity is an entity that was corporatised under this Act before the commencement and to which the Corporations Act does not apply.
A provision of this Act, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity—
as if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012; and
despite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012.
Examples—
• chapter 3, part 2, divisions 3 and 4
• sections 199, 200 and 257
A provision of the relevant regulations, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity—
as it was in force immediately before the commencement; and
despite any amendment or repeal of the provision after the commencement.
The relevant regulations are—
the Local Government (Beneficial Enterprises and Business Activities) Regulation 2010; and
the Local Government (Finance, Plans and Reporting) Regulation 2010; and
the Local Government (Operations) Regulation 2010.
A provision continued under subsection (2) or (3) continues in relation to a corporate entity until the corporate entity is wound up or otherwise ceases to be corporatised under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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