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CORPORATIONS ACT 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.1 - TRANSITION FROM THE OLD CORPORATIONS LEGISLATION  

Division 7 - Regulations dealing with transitional matters  

SECTION 1409  REGULATIONS MAY DEAL WITH TRANSITIONAL MATTERS  

1409(1)  [Transitional regulations]  


The regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the old corporations legislation of the States and Territories in this jurisdiction to the application of provisions of the new corporations legislation. The regulations have effect despite anything else in this Part, other than section 1375.

1409(2)  [How matters may be dealt with]  


Without limiting subsection (1), the regulations may provide for a matter to be dealt with, wholly or partly, in any of the following ways:


(a) by applying (with or without modifications) to the matter:


(i) provisions of the old corporations legislation of the States and Territories in this jurisdiction, as in force immediately before the commencement or at some earlier time; or

(ii) provisions of the new corporations legislation; or

(iii) a combination of provisions referred to in subparagraphs (i) and (ii);


(b) by otherwise specifying rules for dealing with the matter;


(c) by specifying a particular consequence of the matter, or of an outcome of the matter, for the purposes of the new corporations legislation.

1409(3)  [Modification of provisions]  


The regulations may provide that certain provisions of this Part are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.

1409(4)  [Commencement of regulations]  


Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations for the purposes of this section may be expressed to take effect from a date before the regulations are registered under that Act.

1409(5)  ["matters of a transitional nature"]  


In this section:

matters of a transitional nature also includes matters of an application or saving nature.

 



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