CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS
PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW
History
Heading amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
Pt 11.2 was renumbered from Pt 9.11 by No 61 of 1998, Sch 3 (effective 1 July 1998).
Division 2 - Changes resulting from the Corporations (Unlisted Property Trusts) Amendment Act 1991
History
Pt 9.11 renumbered as Pt 11.2 by No 61 of 1998, Sch 3 (effective
1 July 1998).
Heading to Pt 9.11 Div 2 inserted by No 200 of 1991, sec 11 (effective
18 December 1991).
SECTION 1367
ORDERS IN RELATION TO THINGS DONE DURING RETROSPECTIVE OPERATION OF SECTIONS 1069A ETC. AND SUBDIVISION C OF DIVISION 5A OF PART 7.12
1367(1)
[Written orders in relation to things done not in accordance with new provisions]
The Commission may make written orders in relation to:
(a)
the effect, for the purposes of sections 1069A, 1069B and 1069C, of things done in relation to a deed to which section 1069A applies, otherwise than in accordance with those sections, during the period of retrospectivity; or
(b)
the effect, for the purposes of Subdivision C of Division 5A of Part 7.12, of things done in relation to a Subdivision C trust, otherwise than in accordance with that Subdivision, during the period of retrospectivity.
History
S 1367(1) inserted by No 200 of 1991, sec 11 (effective 18 December 1991).
1367(2)
[Certain things may be included in an order under para (1)(a)]
The Commission may include in an order under paragraph (1)(a) a declaration to the effect that a provision of section 1069A, 1069B or 1069C has or had effect, in relation to the deed and the thing to which the orders relates, as if the provision were omitted, modified or varied in a manner specified in the order.
History
S 1367(2) inserted by No 200 of 1991, sec 11 (effective 18 December 1991).
1367(3)
[Certain things may be included in an order under para (1)(b)]
The Commission may include in an order under paragraph
(1)(b) a declaration to the effect that a provision of Subdivision C of Division 5A of Part 7.12 has or had effect, in relation to the trust and the thing to which the order relates, as if the provision were omitted, modified or varied in a manner specified in the order.
History
S 1367(3) inserted by No 200 of 1991, sec 11 (effective 18 December 1991).
1367(4)
[Copy of order to certain persons]
The Commission must give a copy of an order to the management company or to the trustee or representative.
History
S 1367(4) inserted by No 200 of 1991, sec 11 (effective 18 December 1991).
1367(5)
[Effect of order]
An order (including a declaration in an order) has effect accordingly.
History
S 1367(5) inserted by No 200 of 1991, sec 11 (effective 18 December 1991).
1367(6)
[Definitions]
In this section:
``period of retrospectivity''
means the period starting at 4.50 p.m. Australian Eastern Standard
Time on 23 July 1991 and ending at the commencement of the
Corporations
(Unlisted Property Trust) Amendment Act 1991;
``Subdivision C trust''
means a trust that is, for the purposes of Division 5A of Part 7.12, a
Subdivision C trust.
History
S 1367(6) inserted by No 200 of 1991, sec 11 (effective 18 December
1991).
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