Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.68 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE ALRC FINANCIAL SERVICES INTERIM REPORTS  

Division 2 - Schedules 1 and 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023  

SECTION 1698C   TRANSLATION OF REFERENCES IN INSTRUMENTS  

1698C(1)    
This section applies to an instrument (the affected instrument ) that:

(a)    was made under this Act or an instrument made under this Act; and

(b)    was in force immediately before the commencement time.

References to moved definitions and other provisions

1698C(2)    
If:

(a)    immediately before the commencement time, the affected instrument contained a reference to a provision of the Corporations legislation (including, for example, a definition); and

(b)    that provision was repealed by Schedule 1 or 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 ; and

(c)    either of the following contains a corresponding provision:

(i) the Corporations legislation as amended by those Schedules;

(ii) the Acts Interpretation Act 1901 as in force at the commencement time;

then the affected instrument has effect, at and after the commencement time, as if the reference to the repealed provision were a reference to the corresponding provision.

References to repealed definitions with no corresponding definition

1698C(3)    
If:

(a)    immediately before the commencement time, the affected instrument contained a reference to a term defined in section 9 , 416 , 489F , 580 , 589 , 601RAA , 601WAA , 761A , 880B , 892A , 910A , 960 , 994A , 994K , 1011B , 1019C , 1020AA , 1020AH , 1021B , 1022A , 1023B , 1042A , 1073B , 1074B , 1200A , 1210 , 1276 , 1317DAA or 1363 of this Act; and

(b)    the definition of that term was repealed by Schedule 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 ; and

(c)    neither of the following contains a corresponding definition:

(i) section 9 of this Act as amended by those Schedules;

(ii) the Acts Interpretation Act 1901 as in force at the commencement time;

then, despite the repeal of the definition, the definition continues, at and after the commencement time, to have effect for the purposes of the affected instrument as if the definition had not been repealed.