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 1407   REFERENCES TO OLD CORPORATIONS LEGISLATION IN INSTRUMENTS  

1407(1)   [ Old corporations legislation]  

Subject to subsection (2), a reference in, or taken immediately before the commencement to be in, an instrument, other than:

(a) an Act of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island; or

(b) an instrument made under such an Act;

to:

(c) an Act, or to regulations or some other instrument, that is part of the old corporations legislation (whether the reference is in general terms or in relation to a particular State or Territory in this jurisdiction); or

(d) to a provision or group of provisions of such an Act, regulations or other instrument;

is taken, after the commencement, to include a reference to the corresponding part, provision or provisions of the new corporations legislation (unless there is no such corresponding part, provision or provisions).

Note: This section will, for example, apply to:

(a) a reference in another Commonwealth Act to the Corporations Law; or

(b) a reference in the Corporations Regulations to the Corporations Law; or

(c) a reference in a company's constitution to a particular provision of the Corporations Law.

1407(2)   [ Regulations]  

The regulations may do either or both of the following:

(a) provide that subsection (1) does not apply in relation to prescribed references in prescribed instruments;

(b) provide that subsection (1) has effect in relation to prescribed references in prescribed instruments as if, in that subsection, the words ``to be'' were substituted for the words ``to include''.