Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.1 - TRANSITION FROM THE OLD CORPORATIONS LEGISLATION  

Division 6 - General transitional provisions relating to other things done etc. under the old corporations legislation  

SECTION 1404   REFERENCES IN THE NEW CORPORATIONS LEGISLATION GENERALLY INCLUDE REFERENCES TO EVENTS, CIRCUMSTANCES OR THINGS THAT HAPPENED OR AROSE BEFORE THE COMMENCEMENT  

1404(1)   [ Event, circumstance or thing before commencement]  

Subject to this section, a reference in the new corporations legislation to an event, circumstance or thing of a particular kind that happens or arises, or that has happened or arisen, is taken to include a reference to an event, circumstance or thing of that kind that happened or arose at a time before the commencement, unless a contrary intention is expressed. The fact that the provision uses only the present tense in referring to an event, circumstance or thing is not, of itself, to be regarded as an expression of a contrary intention.

Note: So, for example, if a provision of the new corporations legislation refers to a person who consents to a course of action, that reference (in the absence of an express provision to the contrary) will not be limited to consents given after the commencement and will cover a consent given before the commencement.

1404(2)   [ Unintended operation]  

Nothing in subsection (1) is taken to produce a result that a right or liability exists under a provision of the new corporations legislation that relates solely to events, circumstances or things that occurred before the commencement.

Note: Instead, an equivalent right or liability will be created by section 1400 or 1401.

1404(3)   [ Regulations]  

The regulations may provide that subsection (1) does not apply in relation to a particular reference or class of references in the new corporations legislation.