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''.

     

    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.