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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 1408  OLD TRANSITIONAL PROVISIONS CONTINUE TO HAVE THEIR EFFECT  

 View history reference

1408(1)  [Continued effect of old transitional provisions]  


Subject to subsection (3), this Act has the same effect, after the commencement, as it would have if:


(a) the transitional provisions (see subsections (6) and (7)) of the old Corporations Laws of the States and Territories in this jurisdiction (as in force from time to time before the commencement) had been part of this Act; and


(b) those transitional provisions produced the same results or effects (to the greatest extent possible) for the purposes of this Act as they produced for the purposes of those old Corporations Laws.

1408(2)  [When Act taken to include transitional provision]  


Without limiting subsection (1) (but subject to subsection (3)), if a transitional provision of the old Corporations Law of a State or Territory in this jurisdiction could, if it had continued in force after the commencement, have operated to give rise to rights and liabilities (including civil or criminal liabilities) in relation to acts or omissions occurring after the commencement, this Act is taken to include that transitional provision (with such modifications (if any) as are necessary.

Note: In relation to acts or omissions that occurred before the commencement, equivalent rights and liabilities are created by sections 1400 and 1401.

1408(3)  [Regulations as to how matter dealt with]  


The regulations may determine how a matter dealt with in a transitional provision of the old Corporations Law of a State or Territory in this jurisdiction is to be dealt with under or in relation to the new corporations legislation (including by creating offences). The regulations have effect despite subsections (1) and (2), but subject to subsection (5).

Note: In creating offences, the regulations are subject to the limitation imposed by section 1375.

1408(4)  [Corresponding provisions]  


For the purpose of determining whether the new corporations legislation includes a provision that corresponds to a provision of the old corporations legislation of a State or Territory, and for the purpose of any reference in this part to a corresponding provision of the new corporations legislation, this Act is taken to include the transitional provisions of the old corporations legislation of the States and Territories, as they have effect because of subsections (1) and (2).

1408(5)  [Unintended operation]  


Nothing in subsection (1) or (2), or in regulations made for the purposes of subsection (3), is taken to produce a result that a right or liability exists under a transitional provision as it has effect because of subsection (1) or (2), or exists under regulations made for the purposes of subsection (3), that relates solely to events, circumstances or things that occurred before the commencement.

Note: Instead, an equivalent right or liability will be created by section 1400 or 1401.

1408(6)  [``transitional provision'']  


Subject to subsection (7), for the purposes of this section, a transitional provision is any of the provisions of the old Corporations Laws of the States and Territories in this jurisdiction listed in the following table.

[Transitional provisions of old Corporations Law]

Transitional provisions of old Corporations Law
ItemProvisions
1subsection 87(1A)
2subsection 88(1A)
3sections 109E to 109G and section 109T
4section 268A
5section 275
6section 275A
7Subsections 319(4), (5) and (6)
8section 601
9subsection 774(7)
10subsection 895(3)
11subsection 977(4)
12subsection 990(2)
13section 993
14subsection 1228(3)
15subsections 1274(17) and (18)
16subsections 1288(1), (2) and (6)
17paragraph 1311(1A)(f) and subsection 1311(3A)
18section 1336A
19Chapter 11, other than section 1416
20Schedule 4, other than the following provisions:
(a) subclauses 7(3), 8(2) and 9(4);
(b) clauses 11 to 16;
(c) subclause 17(2);
(d) clauses 18 and 19;
(e) clauses 20, 25 and 27;
(f) Parts 5, 6 and 7.

1408(7)  [Regulations as to transitional provisions]  


The regulations may provide that certain provisions are to be taken to be included in, or omitted from, the table in subsection (6). The table then has effect as if the provisions were so included in it or omitted from it.

 



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