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reg 4

Application of section 11(1) of the Corporations (Ancillary Provisions) Act 2001

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4 Application of section 11(1) of the Corporations (Ancillary Provisions) Act 2001

[(1) deleted]

(1A)

Section 11(1) of the Act does not apply to any regulations, rules or by‑laws, other than the Rules of the Supreme Court 1971.

(2)

Section 11(1) of the Act does not apply to a reference in a provision of an instrument made under an Act that provides for the commencement of such an instrument.

(2a)

Subregulation (3) does not apply to any regulations, rules or by‑laws, other than the Rules of the Supreme Court 1971.

(3)

Unless the contrary intention appears or the context otherwise requires, section 11(1) of the Act applies to the following references in instruments made under Acts as if the words “to be a reference” in that subsection were substituted for the words “to include a reference” —

(a)

a reference in a provision that gives a meaning to a term or phrase by reference to a provision, or group of provisions, of the old Corporations Law;

(b)

a reference in a provision that operates by reference to a status of a person under the old Corporations Law but only if the context of the reference indicates that a current status is being referred to;

(c)

a reference in a provision that provides that a person has a certain status as if the old Corporations Law applied to the person, or another person in relation to whom the first person has that status, but only if the context of the reference indicates that a current status is being referred to;

(d)

a reference in a provision that applies a provision, or a group of provisions, of the old Corporations Law as a law of the State.

(4)

The kinds of references referred to in each of the paragraphs in subregulation (3) are not to be regarded as necessarily mutually exclusive.

[Regulation 4 amended: Gazette 28 Sep 2001 p. 5352 and 5355; 7 Dec 2001 p. 6187; 8 Oct 2002 p. 5096; 1 Aug 2003 p. 3295; 31 Dec 2009 p. 5401-2.]

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