THE CORPORATIONS LAW

CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS

View history reference

PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW

 View history note

Division 5 - Changes resulting from the Corporate Law Reform Act 1992

 View history note

SECTION 1389   APPLICATION OF PART 9.4B TO CONTRAVENTION COMMITTED BEFORE THAT PART COMMENCED  

View history reference

1389(1)  [Consent required]  

Subsections (2) and (3) of this section apply where:

(a)  it is alleged or suspected that a person has contravened:

(i) subsection 232(2), (4), (5) or (6); or
(ii) subsection 234(5); or
(iii) subsection 318(1);

before the commencement of Part 9.4B; and

(b)  the person consents in writing to that Part applying in relation to the contravention.

 View history note

1389(2)  [Application of Pt 9.4B]  

The provisions of Part 9.4B (except sections 1317FA, 1317HA, 1317HB, 1317HD and 1317HF) apply in relation to the contravention as if they had been in force when it was committed.

 View history note

1389(3)  [Contravention of sec 232(2), (4), (5), (6)]  

In the case of a contravention of subsection 232(2), (4), (5) or (6):

(a)  the provisions of sections 1317HA and 1317HD and subsection 1317HF(1) apply in relation to the contravention as if they had been in force when it was committed; and

(b)  despite subsection 1375(2), subsection 232(8) does not apply in relation to the contravention.

 View history note

1389(4)  [Sec 1317DB, 1317DC, 1317DD]  

Sections 1317DB, 1317DC and 1317DD have effect for the purposes of this section as if this section were in Part 9.4B.

 View history note

1389(5)  [Sec 1375, 1378]  

Except as provided in paragraph (3)(b), this section does not affect the operation of section 1375 or 1378.

 View history note

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.