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CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.1A - INTERACTION BETWEEN CORPORATIONS LEGISLATION AND STATE AND TERRITORY LAWS  

SECTION 5F  CORPORATIONS LEGISLATION DOES NOT APPLY TO MATTERS DECLARED BY STATE OR TERRITORY LAW TO BE AN EXCLUDED MATTER  

5F(1)  [Matters declared excluded matters]  


Subsection (2) applies if a provision of a law of a State or Territory declares a matter to be an excluded matter for the purposes of this section in relation to:


(a) the whole of the Corporations legislation; or


(b) a specified provision of the Corporations legislation; or


(c) the Corporations legislation other than a specified provision; or


(d) the Corporations legislation otherwise than to a specified extent.

5F(2)  [Effect of matter being declared excluded matter]  


By force of this subsection:


(a) none of the provisions of the Corporations legislation (other than this section) applies in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(a) applies; and


(b) the specified provision of the Corporations legislation does not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(b) applies; and


(c) the provisions of the Corporations legislation (other than this section and the specified provisions) do not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(c) applies; and


(d) the provisions of the Corporations legislation (other than this section and otherwise than to the specified extent) do not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(d) applies.

5F(3)  [Regulations as to application of s 5F(2)]  


Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.

5F(4)  [Corresponding provisions of Corporations Law, ASC Law, etc]  


By force of this subsection, if:


(a) the Corporations Law, ASC Law or ASIC Law of a State or Territory; or


(b) a provision of that Law;

did not apply to a matter immediately before this Act commenced because a provision of a law of the State or Territory provided that that Law, or that provision, did not apply to the matter, the Corporations legislation, or the provision of the Corporations legislation that corresponds to that provision of that Law, does not apply in the State or Territory to the matter until that law of the State or Territory is omitted or repealed.

5F(5)  [Regulations as to application of s 5F(4)]  


Subsection (4) does not apply to the application of the provisions of the Corporations legislation to the matter to the extent to which the regulations provide that that subsection does not apply to the matter.

5F(6)  [``matter'']  


In this section:

matter includes act, omission, body, person or thing.

 



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