Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.64 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULES 1 AND 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023  

Division 1 - Modernising Business Communications  

SECTION 1694  

1694   DEFINITIONS  

In this Division:

amending Part
means Part 1 of Schedule 1 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 .

commencement day
means the day the amending Part commences.

SECTION 1694A  

1694A   APPLICATION - SIGNING DOCUMENTS  

The amendments made by the amending Part apply in relation to the signing of a document (including a deed) on or after the commencement day.

SECTION 1694B  

1694B   APPLICATION - SENDING DOCUMENTS  

The amendments made by the amending Part apply in relation to a document sent on or after the commencement day.

SECTION 1694C  

1694C   APPLICATION - UNCONTACTABLE MEMBERS  

Section 110JA , as inserted by the amending Part, applies in relation to documents required or permitted to be sent on or after the commencement day, if the notification under paragraph 110JA(3)(a) of this Act was received on or after that day.

SECTION 1694D  

1694D   APPLICATION - DIRECTORS ' MEETINGS  

The amendment of section 248D made by the amending Part applies in relation to the calling or holding, on or after the commencement day, of a directors ' meeting.

SECTION 1694E   TRANSITIONAL - ELECTIONS BY AUSTRALIAN MEMBERS OF NOTIFIED FOREIGN PASSPORT FUNDS TO RECEIVE ANNUAL REPORTS IN PARTICULAR FORM ETC.  

1694E(1)    
This section applies in relation to an election by an Australian member of a notified foreign passport fund, to receive reports in hard copy or as an electronic copy, that is in force under subsection 314A(3) of this Act immediately before the commencement day.

1694E(2)    
Despite the repeal of that subsection by the amending Part, the election continues in force on and after that day as if it were an election under section 110E of this Act, as amended by the amending Part:

(a)    to be sent such reports:

(i) for an election to receive in hard copy - in physical form; or

(ii) for an election to receive as an electronic copy - in electronic form; and

(b)    if the election included an election to receive the reports in English, or in an official language of the home economy of the fund - to be sent such reports in that language.

SECTION 1694F   TRANSITIONAL - ELECTIONS BY MEMBERS OF COMPANIES LIMITED BY GUARANTEE TO RECEIVE REPORTS ETC.  

1694F(1)    
This section applies in relation to an election by a member of a company limited by guarantee, to receive reports in hard copy or as an electronic copy, that is in force under subsection 316A(1) immediately before the commencement day.

1694F(2)    
Despite the amendment of that subsection by the amending Part:

(a)    the election continues in force on and after the commencement day as an election under subsection 316A(1) of this Act to receive such reports (in accordance with subsection 316A(2) ); and

(b)    an election of the member is taken to be in force under section 110E on and after the commencement day to be sent such reports:

(i) for an election to receive in hard copy - in physical form; or

(ii) for an election to receive as an electronic copy - in electronic form.

1694F(3)    
Paragraph (2)(b) has effect subject to paragraph 110E(7)(b) (withdrawal of election).

Division 2 - Miscellaneous and Technical Amendments  

SECTION 1694G  

1694G   APPLICATION OF AMENDMENTS MADE BY DIVISION 2 OF PART 1 OF SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023  

The amendments made by Division 2 of Part 1 of Schedule 4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 apply in relation to representations made to ASIC:

(a)    under subsection 1317DAT(1) of this Act; and

(b)    on or after the commencement of that Part;

whether the related infringement notice was given before, on or after that commencement.

SECTION 1694H   APPLICATION OF AMENDMENTS MADE BY DIVISION 16 OF PART 1 OF SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023  

1694H(1)    
Subsection 111AE(1C) (as inserted by Division 16 of Part 1 of Schedule 4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023) applies in relation to a sub-fund of a CCIV on or after the commencement of that Part (whether the sub-fund was included in the official list of a prescribed financial market before, on or after that commencement).

1694H(2)    
Subsection 793C(4B) (as inserted by Division 16 of Part 1 of Schedule 4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023) applies in relation to a sub-fund of a CCIV on or after the commencement of that Part (whether the sub-fund was included in the official list of a licensed market before, on or after that commencement).

SECTION 1694J  

1694J   TRANSITIONAL - REFERENCE CHECKING AND INFORMATION SHARING PROTOCOL  

A protocol determined under subsection 912A(3A) of the Corporations Act 2001 in force immediately before the commencement of Division 18 of Part 1 of Schedule 4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 continues in force as if it had been determined under that subsection as substituted by that Schedule.