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Australia

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Atrás

Corporations Act 2001 (consolidated as of July 1, 2017)

 Corporations Act 2001 (consolidated as of July 1, 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Corporations Act 2001

No. 50, 2001

Compilation No. 79

Compilation date: 1 July 2017

Includes amendments up to: Act No. 75, 2017

Registered: 6 July 2017

This compilation is in 6 volumes

Volume 1: sections 1–260E

Volume 2: sections 283AA–601DJ

Volume 3: sections 601EA–742

Volume 4: sections 760A–993D

Volume 5: sections 1010A–1369A

Volume 6: sections 1370–1637

Schedules

Endnotes

Each volume has its own contents

This compilation includes commenced amendments made by Act No. 45,

2017

Authorised Version C2017C00210 registered 06/07/2017

About this compilation

This compilation

This is a compilation of the Corporations Act 2001 that shows the text of the

law as amended and in force on 1 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Corporations Act 2001 i

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Contents

Chapter 10—Transitional provisions 1

Part 10.1—Transition from the old corporations legislation 1

Division 1—Preliminary 1

1370 Object of Part ....................................................................1

1371 Definitions.........................................................................2

1372 Relationship of Part with State validation Acts .................6

1373 References to things taken or deemed to be the

case etc. .............................................................................8

1374 Existence of several versions of old corporations

legislation does not result in this Part operating to

take same thing to be done several times under

new corporations legislation etc. .......................................9

1375 Penalty units in respect of pre-commencement

conduct remain at $100 ...................................................10

1376 Ceasing to be a referring State does not affect

previous operation of this Part.........................................10

Division 2—Carrying over registration of companies 11

1377 Division has effect subject to Division 7

regulations .......................................................................11

1378 Existing registered companies continue to be

registered .........................................................................11

Division 3—Carrying over the old Corporations Regulations 13

1379 Division has effect subject to Division 7

regulations .......................................................................13

1380 Old Corporations Regulations continue to have

effect................................................................................13

Division 4—Court proceedings and orders 14

1381 Division has effect subject to Division 7

regulations .......................................................................14

1382 Definitions.......................................................................14

1383 Treatment of court proceedings under or related to

the old corporations legislation—proceedings

other than federal corporations proceedings ....................16

1384 Treatment of court proceedings under or related to

the old corporations legislation—federal

corporations proceedings.................................................19

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1384A Appeals etc. in relation to some former federal

corporations proceedings.................................................20

1384B Effect of decisions and orders made in federal

corporations proceedings before commencement............21

1385 References to proceedings and orders in the new

corporations legislation ...................................................21

Division 5—Other specific transitional provisions 23

1386 Division has effect subject to Division 7

regulations .......................................................................23

1387 Certain applications lapse on the commencement ...........23

1388 Carrying over the Partnerships and Associations

Application Order............................................................23

1389 Evidentiary certificates....................................................23

1390 Preservation of nomination of body corporate as

SEGC ..............................................................................24

1391 Preservation of identification of satisfactory

records.............................................................................24

1392 Retention of information obtained under old

corporations legislation of non-referring State ................25

1393 Transitional provisions relating to section 1351

fees ..................................................................................25

1394 Transitional provisions relating to securities

exchange fidelity fund levies...........................................26

1395 Transitional provisions relating to National

Guarantee Fund levies .....................................................27

1396 Transitional provisions relating to futures

organisation fidelity fund levies ......................................28

Division 6—General transitional provisions relating to other

things done etc. under the old corporations

legislation 30

1397 Limitations on scope of this Division..............................30

1398 Provisions of this Division may have an

overlapping effect............................................................31

1399 Things done by etc. carried over provisions

continue to have effect ....................................................31

1400 Creation of equivalent rights and liabilities to

those that existed before the commencement under

carried over provisions of the old corporations

legislation ........................................................................34

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1401 Creation of equivalent rights and liabilities to

those that existed before the commencement under

repealed provisions of the old corporations

legislation ........................................................................36

1402 Old corporations legislation time limits etc. ....................38

1403 Preservation of significance etc. of events or

circumstances ..................................................................39

1404 References in the new corporations legislation

generally include references to events,

circumstances or things that happened or arose

before the commencement...............................................40

1405 References in the new corporations legislation to

that legislation or the new ASIC legislation

generally include references to corresponding

provisions of the old corporations legislation or

old ASIC legislation ........................................................41

1406 Carrying over references to corresponding

previous laws...................................................................42

1407 References to old corporations legislation in

instruments ......................................................................42

1408 Old transitional provisions continue to have their

effect................................................................................43

Division 7—Regulations dealing with transitional matters 47

1409 Regulations may deal with transitional matters ...............47

Part 10.2—Transitional provisions relating to the Financial

Services Reform Act 2001 49

Division 1—Transitional provisions relating to the phasing-in of

the new financial services regime 49

Subdivision A—Preliminary 49

1410 Definitions.......................................................................49

Subdivision B—Treatment of existing markets 51

1411 When is a market being operated immediately

before the FSR commencement? .....................................51

1412 Treatment of proposed markets that have not

started to operate by the FSR commencement.................51

1413 Obligation of Minister to grant licences covering

main existing markets......................................................53

1414 Section 1413 markets—effect of licences and

conditions ........................................................................56

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1415 Section 1413 markets—preservation of old

Corporations Act provisions during transition

period ..............................................................................58

1416 Section 1413 markets—powers for regulations to

change how the old and new Corporations Act

apply during the transition period....................................59

1417 Section 1413 markets—additional provisions

relating to previously unregulated services .....................60

1418 Treatment of exempt stock markets and exempt

futures markets (other than markets with no

identifiable single operator).............................................61

1419 Treatment of exempt stock markets and exempt

futures markets that do not have a single

identifiable operator ........................................................63

1420 Treatment of stock markets of approved securities

organisations ...................................................................65

1421 Treatment of special stock markets for unquoted

interests in a registered scheme .......................................66

1422 Treatment of other markets that were not

unauthorised ....................................................................67

Subdivision C—Treatment of existing clearing and settlement

facilities 68

1423 When is a clearing and settlement facility being

operated immediately before the FSR

commencement?..............................................................68

1424 Treatment of proposed clearing and settlement

facilities that have not started to operate by the

FSR commencement........................................................69

1424A Treatment of unregulated clearing and settlement

facilities operated by holders of old Corporations

Act approvals ..................................................................71

1425 Obligation of Minister to grant licences covering

main existing facilities.....................................................72

1426 Section 1425 facilities—effect of licences and

conditions ........................................................................74

1427 Section 1425 facilities—powers for regulations to

change how the old and new Corporations Act

apply during the transition period....................................76

1428 Section 1425 facilities—additional provisions

relating to previously unregulated services .....................76

1429 Treatment of other clearing and settlement

facilities ...........................................................................77

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Subdivision D—Treatment of people who carry on financial

services businesses and their representatives 78

1430 Meaning of regulated principal, regulated

activities and relevant old legislation ..............................78

1431 Parts 7.6, 7.7 and 7.8 of the amended Corporations

Act generally do not apply to a regulated principal

during the transition period .............................................82

1432 Continued application of relevant old legislation ............84

1433 Streamlined licensing procedure for certain

regulated principals .........................................................85

1434 Special licences for insurance multi-agents during

first 2 years after FSR commencement............................86

1435 Licensing decisions made within the first 2 years

of the FSR commencement—regard may be had to

conduct and experience of applicant or related

body corporate that currently provides same or

similar services................................................................88

1436 Treatment of representatives—general............................89

1436A Treatment of representatives—insurance agents .............90

1437 Exemptions and modifications by ASIC .........................93

Subdivision E—Product disclosure requirements 94

1438 New product disclosure provisions do not apply to

existing products during transition period .......................94

1439 Offences against new product disclosure

provisions—additional element for prosecution to

prove if conduct occurs after opting-in and before

the end of the first 2 years ...............................................97

1440 Continued application of certain provisions of old

disclosure regimes during transition period.....................98

1441 Certain persons who are not yet covered by

Parts 7.6, 7.7 and 7.8 of the amended Corporations

Act are required to comply with Part 7.9

obligations as if they were regulated persons ..................99

1442 Exemptions and modifications by ASIC .........................99

Subdivision F—Certain other product-related requirements 101

1442A Deferred application of hawking prohibition.................101

1442B Deferred application of confirmation of transaction

and cooling-off provisions etc. ......................................101

Division 2—Other transitional provisions 104

1443 Definitions.....................................................................104

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1444 Regulations may deal with transitional, saving or

application matters ........................................................105

1445 ASIC determinations may deal with transitional,

saving or application matters.........................................107

Part 10.3—Transitional provisions relating to the Corporations

Legislation Amendment Act 2003 111 1447 Application of sections 601AB and 601PB ...................111

1448 Application of amendments made by Schedule 4 to

the Corporations Legislation Amendment Act 2003 ......111

Part 10.4—Transitional provisions relating to the Financial

Services Reform Amendment Act 2003 112 1449 Definition ......................................................................112

1450 Application of Part 10.2 to Chapter 7 as amended

by Schedule 2 to the amending Act ...............................112

1451 Provisions relating to the scope of the amendments

of Chapter 7 made by Schedule 2..................................113

1452 Amendments of section 1274 ........................................115

Part 10.5—Transitional provisions relating to the Corporate

Law Economic Reform Program (Audit Reform and

Corporate Disclosure) Act 2004 116 1453 Definitions.....................................................................116

1454 Audit reforms in Schedule 1 to the amending Act

(auditing standards and audit working papers

retention rules)...............................................................116

1455 Audit reforms in Schedule 1 to the amending Act

(adoption of auditing standards made by

accounting profession before commencement) .............117

1456 Audit reforms in Schedule 1 to the amending Act

(new competency standard provisions) .........................118

1457 Audit reforms in Schedule 1 to the amending Act

(new annual statement requirements for auditors).........118

1458 Audit reforms in Schedule 1 to the amending Act

(imposition of conditions on existing registration

as company auditor) ......................................................119

1459 Audit reforms in Schedule 1 to the amending Act

(application of items 62 and 63) ....................................119

1460 Audit reforms in Schedule 1 to the amending Act

(non-audit services disclosure) ......................................119

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1461 Audit reforms in Schedule 1 to the amending Act

(auditor appointment) ....................................................119

1462 Audit reforms in Schedule 1 to the amending Act

(auditor independence) ..................................................120

1463 Audit reforms in Schedule 1 to the amending Act

(auditor rotation) ...........................................................122

1464 Audit reforms in Schedule 1 to the amending Act

(listed company AGMs) ................................................122

1465 Schedule 2 to the amending Act (financial

reporting).......................................................................122

1466A Schedule 2A to the amending Act (true and fair

view)..............................................................................122

1466 Schedule 3 to the amending Act (proportionate

liability) .........................................................................123

1467 Schedule 4 to the amending Act (enforcement).............123

1468 Schedule 5 to the amending Act (remuneration of

directors and executives) ...............................................123

1469 Schedule 6 to the amending Act (continuous

disclosure) .....................................................................124

1470 Schedule 7 to the amending Act (disclosure rules)........124

1471 Schedule 8 to the amending Act (shareholder

participation and information) .......................................125

Part 10.8—Transitional provisions relating to the Corporations

Amendment (Takeovers) Act 2007 126 1478 Application of amendments of the takeovers

provisions ......................................................................126

Part 10.9—Transitional provisions relating to the Corporations

Amendment (Insolvency) Act 2007 127 1479 Definition ......................................................................127

1480 Schedule 1 to the amending Act (improving

outcomes for creditors)..................................................127

1481 Schedule 2 to the amending Act (deterring

corporate misconduct) ...................................................130

1482 Schedule 3 to the amending Act (improving

regulation of insolvency practitioners) ..........................131

1483 Schedule 4 to the amending Act (fine-tuning

voluntary administration) ..............................................132

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Part 10.10 Transitional provisions relating to the Corporations

Amendment (Short Selling) Act 2008 135 1484 Declarations under paragraph 1020F(1)(c) relating

to short selling ...............................................................135

Part 10.11—Transitional provisions relating to the

Corporations Amendment (No. 1) Act 2009 137 1485 Application of new subsection 206B(6) ........................137

1486 Application of new section 206EAA.............................137

Part 10.12—Transitional provisions relating to the

Corporations Legislation Amendment (Financial

Services Modernisation) Act 2009 138

Division 1—Transitional provisions relating to Schedule 1 to the

Corporations Legislation Amendment (Financial

Services Modernisation) Act 2009 138

1487 Definitions.....................................................................138

1488 Application of amendments—general ...........................138

1489 Applications of amendments—application for and

grant of licences etc. authorising margin lending

financial services ...........................................................139

1490 Application of amendments—between 6 and 12

months after commencement.........................................140

1491 Acquisition of property .................................................141

1492 Regulations....................................................................141

Division 2—Transitional provisions relating to Schedule 2 to the

Corporations Legislation Amendment (Financial

Services Modernisation) Act 2009 142

1493 Definitions.....................................................................142

1494 Transitional provisions relating to limit on control

of trustee companies......................................................142

1495 Transitional provisions relating to the amendments

of Chapter 7...................................................................143

1496 General power for regulations to deal with

transitional matters ........................................................144

Division 3—Transitional provisions relating to Schedule 3 to the

Corporations Legislation Amendment (Financial

Services Modernisation) Act 2009 145

1497 Definitions.....................................................................145

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1498 Application of amendments...........................................145

Part 10.13—Transitional provisions relating to the Personal

Property Securities (Corporations and Other

Amendments) Act 2009 146 1499 Definitions.....................................................................146

1500 Charges, liens and pledges—continuation of

restriction of references .................................................146

1501 Charges, liens, pledges and third party property—

application .....................................................................147

1501A References to the whole or substantially the whole

of a company’s property ................................................147

1501B Constructive notice of registrable charges.....................147

1502 Repeal of Chapter 2K (charges)—general.....................148

1503 Repeal of Chapter 2K (charges)—cessation of

requirements in relation to documents or notices ..........148

1504 Repeal of Chapter 2K (charges)—application of

section 266 ....................................................................149

1505 Repeal of Chapter 2K (charges)—cessation of

company registration requirements................................149

1506 Repeal of Chapter 2K (charges)—priority between

registrable charges.........................................................150

1507 New section 440B (restrictions on third party

property rights) ..............................................................150

1508 New subsection 442CB(1) (administrator’s duty of

care)...............................................................................150

1509 New section 588FP (security interests in favour of

an officer of a company etc. void) .................................150

1510 Winding up applied for before the commencement

time................................................................................151

Part 10.14—Transitional provisions relating to the

Corporations Amendment (Corporate Reporting

Reform) Act 2010 152 1510A Definition ......................................................................152

1510B Application of Part 1 of Schedule 1 to the

amending Act ................................................................152

Part 10.15—Transitional provisions relating to the

Corporations Amendment (Financial Market

Supervision) Act 2010 154 1511 Definition ......................................................................154

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1512 Application of amendments...........................................154

1513 Regulations may deal with transitional matters .............154

Part 10.16—Transitional provisions relating to the

Corporations Amendment (No. 1) Act 2010 155 1516 Application of amendments...........................................155

Part 10.17—Transitional provisions relating to the

Corporations Amendment (Improving Accountability

on Director and Executive Remuneration) Act 2011 156 1517 Application of Subdivision B of Division 1 of

Part 2D.3 .......................................................................156

1518 Application of sections 206J, 206K, 206L and

206M .............................................................................156

1519 Application of subsection 249L(2) ................................156

1520 Application of section 250BB .......................................156

1521 Application of section 250BC .......................................157

1522 Application of section 250BD.......................................157

1523 Application of subsections 250R(4) to (10)...................157

1524 Application of Division 9 of Part 2G.2..........................157

1525 Application of amendments of section 300A ................157

Part 10.18—Transitional and application provisions relating to

the Future of Financial Advice Measures 159

Division 1—Provisions relating to the Corporations Amendment

(Further Future of Financial Advice Measures) Act

2012 159

1526 Definitions.....................................................................159

1527 Application of best interests obligations........................160

1528 Application of ban on conflicted remuneration .............160

1529 Application of ban on other remuneration—

volume-based shelf-space fees ......................................161

1530 Regulations do not apply where an acquisition of

property otherwise than on just terms would result .......162

1531 Application of ban on other remuneration—

asset-based fees on borrowed amounts..........................163

Division 2—Provisions relating to the Corporations Amendment

(Financial Advice Measures) Act 2016 164

1531A Definitions.....................................................................164

1531B Best interests obligation ................................................164

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1531C Renewal notices (opt-in requirement) ...........................164

1531D Disclosure statements ....................................................165

1531E Conflicted remuneration................................................165

Part 10.19—Transitional provisions relating to the

Corporations Amendment (Phoenixing and Other

Measures) Act 2012 166 1532 Definition ......................................................................166

1533 Part 1 of Schedule 1 to the amending Act (winding

up by ASIC) ..................................................................166

1534 Part 2 of Schedule 1 to the amending Act

(publication requirements).............................................166

1535 Part 3 of Schedule 1 to the amending Act

(miscellaneous amendments).........................................168

Part 10.20—Transitional provisions relating to the

Corporations Legislation Amendment (Audit

Enhancement) Act 2012 169 1536 Definitions.....................................................................169

1537 Application of amendments relating to annual

transparency reports ......................................................169

Part 10.21—Transitional provision relating to the Corporations

Legislation Amendment (Financial Reporting Panel)

Act 2012 170 1538 Courts etc. may have regard to Financial

Reporting Panel report...................................................170

Part 10.21A—Transitional provisions relating to the

Superannuation Legislation Amendment (Service

Providers and Other Governance Measures) Act 2013 171 1538A Application of amendments relating to

contributions to a fund or scheme..................................171

1538B Application of amendments relating to Statements

of Advice.......................................................................171

Part 10.22—Transitional provisions relating to the

Superannuation Legislation Amendment (Further

MySuper and Transparency Measures) Act 2012 172 1539 Application of section 1017BA (Obligation to

make product dashboard publicly available) .................172

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1540 Application of subsection 1017BB(1) (Obligation

to make information relating to investment of

assets of superannuation entities publicly

available) .......................................................................172

1541 Application of section 1017BC (Obligation to

provide information relating to investment of

assets of superannuation entities) ..................................172

Part 10.23—Transitional provisions relating to the Clean

Energy Legislation (Carbon Tax Repeal) Act 2014 174 1542 Definition ......................................................................174

1543 Transitional—carbon units issued before the

designated carbon unit day ............................................174

1544 Transitional—variation of conditions on

Australian financial services licences ............................174

1545 Transitional—immediate cancellation of

Australian financial services licences ............................175

1546 Transitional—statements of reasons for

cancellation of Australian financial services

licences..........................................................................175

Part 10.23A—Transitional provisions relating to the

Corporations Amendment (Professional Standards of

Financial Advisers) Act 2017 176

Division 1—Definitions 176

1546A Definitions.....................................................................176

Division 2—Application and transitional provisions 178

1546B Existing providers to meet certain education and

training standards ..........................................................178

1546C Application of limitation on authorisation to

provide personal advice and offence .............................179

1546D Application of requirements relating to provisional

relevant providers ..........................................................180

1546E Application of continuing professional

development standard for relevant providers.................180

1546F Application of Code of Ethics to relevant

providers........................................................................182

1546G Application of obligations in relation to

compliance schemes ......................................................182

1546H Application of obligation for standards body to

publish annual report .....................................................183

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1546J Application of obligation to notify ASIC about a

person who becomes a relevant provider.......................184

1546K Application of requirements relating to

information about relevant provider’s principal

place of business............................................................184

1546L Application of requirements relating to

information about membership of professional

associations where relevant provider is licensee ...........184

1546M Application of requirements relating to

information about membership of professional

associations where relevant provider is not

licensee..........................................................................185

1546N Application of requirements relating to

information about provisional relevant provider’s

work and training ..........................................................185

1546P Application of ongoing obligation to notify ASIC

when there is a change in a matter for a relevant

provider .........................................................................186

1546Q Application of obligation to notify ASIC about a

person who starts to have control of a body

corporate licensee..........................................................186

1546R Application of obligation to notify ASIC about a

person who ceases to have control of a body

corporate licensee..........................................................187

1546S Application of obligation for relevant providers to

provide information to financial services licensees .......187

1546T Application of requirements relating to Register of

Relevant Providers ........................................................188

1546U Relevant provider numbers given before

commencement..............................................................188

1546V Continuation of Register of Relevant Providers ............188

Division 3—Transitional notices 189

1546W Obligation to notify ASIC of certain information..........189

1546X Obligation to notify ASIC of CDP year ........................189

1546Y Obligation to notify ASIC when exams passed .............190

1546Z Obligation to notify ASIC of certain information

after banning order ........................................................190

1546ZA Offence for failing to lodge transitional notices ............191

Division 4—Review 192

1546ZB Review ..........................................................................192

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Part 10.24—Transitional provisions relating to the

Corporations Legislation Amendment (Deregulatory

and Other Measures) Act 2014 193 1547 Definitions.....................................................................193

1548 Application of amendments relating to calling of

general meetings............................................................193

1549 Application of amendments relating to directors’

reports for listed companies...........................................193

Part 10.25—Transitional provisions relating to the Insolvency

Practice Schedule (Corporations) 194

Division 1—Introduction 194

1550 Simplified outline of this Part........................................194

1551 Definitions.....................................................................195

Division 2—Application of Part 2 of the Insolvency Practice

Schedule (Corporations) and related consequential

amendments 197

Subdivision A—Registering liquidators 197

1552 Applications for registration under the old Act .............197

1553 Persons registered under the old Act continue to be

registered under the Insolvency Practice Schedule

(Corporations) ...............................................................198

1554 Old Act registrant’s details ............................................199

1555 Period of old Act registrant’s registration under the

Insolvency Practice Schedule (Corporations)................199

1556 Conditions for old Act registrants—conditions

under the Insolvency Practice Schedule

(Corporations) ...............................................................200

1557 Current conditions for old Act registrants—

undertakings under the old Act......................................200

1558 Current conditions for old Act registrants—

undertakings under the ASIC Act..................................201

1559 Old Act registrant registered as liquidator of a

specified body corporate................................................201

1560 Old Act registrant chooses not to renew........................202

Subdivision B—Annual returns and statements 203

1561 Application of obligation to lodge annual

liquidator returns ...........................................................203

Subdivision C—Notice requirements 204

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1562 Notice of significant events ...........................................204

Subdivision D—Cancellation by ASIC under the old Act 205

1563 Request for cancellation made before the

commencement day.......................................................205

1564 Decision to cancel registration made before the

commencement day.......................................................205

Subdivision E—Disciplinary proceedings before the Board 206

1565 Matters not dealt with by the Board before the

commencement day.......................................................206

1566 Matters dealt with by the Board before the

commencement day.......................................................207

1567 Matters which the Board refuses to deal with

before the commencement day ......................................208

1568 Board considering terminating suspension before

the commencement day .................................................209

1569 Sharing information between the Board and

committees ....................................................................209

Subdivision F—Suspension, cancellation and disciplinary action

under the Insolvency Practice Schedule

(Corporations) 210

1570 Direction to comply with requirement to lodge

documents etc. ...............................................................210

1571 Suspension by ASIC under the Insolvency Practice

Schedule (Corporations)................................................210

1572 Cancellation by ASIC under the Insolvency

Practice Schedule (Corporations) ..................................210

1573 Show-cause notice under the Insolvency Practice

Schedule (Corporations)................................................211

1574 Lifting or shortening suspension under the

Insolvency Practice Schedule (Corporations)................211

1575 Action initiated by industry bodies................................211

Subdivision G—Powers of the Court and other bodies 211

1576 Application of court powers under section 45-1 of

the Insolvency Practice Schedule (Corporations) ..........211

1577 Powers to deal with registration under the old Act

on or after the commencement day................................212

Division 3—Application of Part 3 of the Insolvency Practice

Schedule (Corporations) and related consequential

amendments 213

Subdivision A—Introduction 213

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1578 Simplified outline of this Division ................................213

Subdivision B—General rules for Part 3 214

1579 Application of Part 3 of the Insolvency Practice

Schedule (Corporations)—general rules........................214

Subdivision C—Remuneration and other benefits received by

external administrators 214

1580 Application of Division 60 of the Insolvency

Practice Schedule (Corporations)—general rule ...........214

1581 Old Act continues to apply in relation to

remuneration for administrators already appointed .......214

1582 Duties of administrators relating to remuneration

and other benefits ..........................................................215

1583 Old Act continues to apply in relation to any right

of indemnity ..................................................................215

1584 Application of new provisions about vacancies of

court-appointed liquidator .............................................216

1585 Application of new provisions about exercise of

powers while company under external

administration................................................................216

Subdivision D—Funds handling 216

1586 Application of Division 65 of the Insolvency

Practice Schedule (Corporations)—general rule ...........216

1587 Administration account .................................................217

1588 Paying money into administration account....................217

1589 Paying money out of administration account ................217

1590 Handling securities ........................................................218

Subdivision E—Information 218

1591 Application of Division 70 of the Insolvency

Practice Schedule (Corporations)—general rule ...........218

1592 Accounts and administration returns .............................218

1593 Administration books ....................................................219

1594 Audit of administration books .......................................220

1595 Transfer of administration books...................................220

1596 Retention and destruction of administration books .......220

1597 Giving information to creditors etc................................221

1598 Commonwealth may request information......................222

1599 Reporting to ASIC.........................................................222

1600 Old Act continues to apply in relation to notices to

remedy default...............................................................222

Subdivision F—Meetings 222

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1601 Application of Division 75 of the Insolvency

Practice Schedule (Corporations)—general rule ...........222

1602 External administrator must convene meetings in

certain circumstances ....................................................223

1603 Old Act continues to apply in relation to reporting

for first year of administration.......................................223

1604 Old Act continues to apply to the deregistration of

companies......................................................................224

1605 Old Act continues to apply for certain meetings

convened etc. before commencement day .....................224

1606 Outcome of voting at creditors’ meeting

determined by related entity or on casting vote—

Court powers .................................................................225

Subdivision G—Committees of inspection 225

1607 Application of Division 80 of the Insolvency

Practice Schedule (Corporations)—general rules..........225

1608 Appointing committees of inspection............................226

1609 Old Act continues to apply to certain reports by

administrator .................................................................227

1610 Membership of continued committees...........................227

1611 Validity of appointment under section 548 of the

old Act not affected by lack of separate meeting of

contributories.................................................................228

1612 Continued application of directions by creditors or

committees under the old Act........................................229

1613 Committee of inspection may request information........229

1614 Duties of members of committee of inspection and

creditors relating to profits and advantages etc..............229

Subdivision H—Review of the external administration of a

company 230

1615 Application of Division 90 of the Insolvency

Practice Schedule (Corporations)—general rule ...........230

1616 Application of the Insolvency Practice Schedule

(Corporations) provisions that conflict with old

Act Court orders—general rule .....................................230

1617 Old Act continues to apply in relation to ongoing

proceedings before a court—general rule......................230

1618 Court powers to inquire into and make orders...............231

1619 Review by another registered liquidator........................232

1620 Removal by creditors.....................................................233

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Division 4—Administrative review 234

1621 Administrative Appeals Tribunal proceedings ..............234

Division 5—Application of other consequential amendments 235

1622 Outcome of voting at creditors’ meeting

determined by related entity or on casting vote—

Court powers .................................................................235

1623 Returns and accounts by controllers ..............................235

1624 Transfer of books by a controller to a new

controller or ASIC.........................................................236

1625 Officers reporting to controller about corporation’s

affairs ............................................................................236

1626 Lodging notice of execution of a deed of company

arrangement...................................................................236

1627 Office of liquidator appointed by the Court...................236

1628 Report as to company’s affairs to be submitted to

liquidator .......................................................................237

1629 Orders for release or deregistration ...............................237

1630 Meeting relating to the voluntary winding up of a

company ........................................................................237

1631 Pooling determinations..................................................237

1632 Electronic methods of giving or sending certain

notices ...........................................................................238

1633 Deregistration following winding up.............................238

Division 6—Regulations 239

1634 Regulations....................................................................239

Part 10.26—Transitional provisions relating to Schedule 3 to

the Insolvency Law Reform Act 2016 240 1635 Application of amendments made by Schedule 3 to

the Insolvency Law Reform Act 2016 ............................240

Part 10.28—Transitional provisions relating to the Treasury

Laws Amendment (2016 Measures No. 1) Act 2017 242 1637 Application of subparagraph 1274(2)(a)(iva) and

subsections 1274(2AA) and (2AB) ...............................242

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Schedule 2—Insolvency Practice Schedule

(Corporations) 243

Part 1—Introduction 243

Division 1—Introduction 243

1-1 Object of this Schedule..................................................243

1-5 Simplified outline of this Schedule ...............................243

Division 5—Definitions 245

Subdivision A—Introduction 245

5-1 Simplified outline of this Division ................................245

Subdivision B—The Dictionary 245

5-5 The Dictionary...............................................................245

Subdivision C—Other definitions 248

5-10 Meaning of current conditions ......................................248

5-15 Meaning of external administration of a company........249

5-20 Meaning of external administrator of a company .........249

5-25 References to the external administrator of a

company ........................................................................250

5-26 Property of a company ..................................................250

5-27 Meaning of pooled group ..............................................250

5-30 Persons with a financial interest in the external

administration of a company .........................................251

Part 2—Registering and disciplining practitioners 252

Division 10—Introduction 252

10-1 Simplified outline of this Part........................................252

10-5 Working cooperatively with the Inspector-General

in Bankruptcy ................................................................253

Division 15—Register of liquidators 254

15-1 Register of Liquidators..................................................254

Division 20—Registering liquidators 255

Subdivision A—Introduction 255

20-1 Simplified outline of this Division ................................255

Subdivision B—Registration 255

20-5 Application for registration ...........................................255

20-10 ASIC may convene a committee to consider.................256

20-15 ASIC must refer applications to a committee ................256

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20-20 Committee to consider applications ..............................256

20-25 Committee to report.......................................................258

20-30 Registration ...................................................................258

20-35 Conditions imposed on all registered liquidators or

a class of registered liquidators .....................................259

Subdivision C—Varying etc. conditions of registration 260

20-40 Application to vary etc. conditions of registration.........260

20-45 ASIC may convene a committee to consider

applications ...................................................................260

20-50 ASIC must refer applications to a committee ................261

20-55 Committee to consider applications ..............................261

20-60 Committee to report.......................................................261

20-65 Committee’s decision given effect ................................261

Subdivision D—Renewal 262

20-70 Application for renewal.................................................262

20-75 Renewal.........................................................................262

Subdivision E—Offences relating to registration 263

20-80 False representation that a person is a registered

liquidator .......................................................................263

Division 25—Insurance 264

25-1 Registered liquidators to maintain insurance.................264

Division 30—Annual liquidator returns 265

30-1 Annual liquidator returns...............................................265

Division 35—Notice requirements 267

35-1 Notice of significant events ...........................................267

35-5 Notice of other events....................................................268

Division 40—Disciplinary and other action 269

Subdivision A—Introduction 269

40-1 Simplified outline of this Division ................................269

Subdivision B—Direction to comply 270

40-5 Registered liquidator to remedy failure to lodge

documents or give information or documents ...............270

40-10 Registered liquidator to correct inaccuracies etc. ..........271

40-15 Direction not to accept further appointments ................273

Subdivision C—Automatic cancellation 274

40-20 Automatic cancellation..................................................274

Subdivision D—ASIC may suspend or cancel registration 274

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40-25 ASIC may suspend registration .....................................274

40-30 ASIC may cancel registration........................................276

40-35 Notice of suspension or cancellation .............................277

Subdivision E—Disciplinary action by committee 277

40-40 ASIC may give a show-cause notice .............................277

40-45 ASIC may convene a committee ...................................279

40-50 ASIC may refer matters to the committee .....................279

40-55 Decision of the committee.............................................280

40-60 Committee to report.......................................................281

40-65 ASIC must give effect to the committee’s decision.......282

Subdivision F—Lifting or shortening suspension 282

40-70 Application to lift or shorten suspension .......................282

40-75 ASIC may convene a committee to consider

applications ...................................................................282

40-80 ASIC must refer applications to a committee ................283

40-85 Committee to consider applications ..............................283

40-90 Committee to report.......................................................283

40-95 Committee’s decision given effect ................................284

Subdivision G—Action initiated by industry body 284

40-100 Notice by industry bodies of possible grounds for

disciplinary action .........................................................284

40-105 No liability for notice given in good faith etc................286

40-110 Meaning of industry bodies ...........................................286

Subdivision H—Consequences of certain disciplinary and other

action 286

40-111 Appointment of another liquidator if liquidator’s

registration is suspended or cancelled ...........................286

Division 45—Court oversight of registered liquidators 288

45-1 Court may make orders in relation to registered

liquidators......................................................................288

45-5 Court may make orders about costs...............................289

Division 50—Committees under this Part 290

50-1 Simplified outline of this Division ................................290

50-5 Prescribed body appointing a person to a

committee......................................................................290

50-10 Minister appointing a person to a committee.................291

50-15 Single committee may consider more than one

matter ............................................................................292

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50-20 Ongoing consideration of matters by committee ...........293

50-25 Procedure and other rules relating to committees ..........293

50-30 Remuneration of committee members...........................293

50-35 Committee must only use information etc. for

purposes for which disclosed.........................................294

Part 3—General rules relating to external administrations 296

Division 55—Introduction 296

55-1 Simplified outline of this Part........................................296

Division 60—Remuneration and other benefits received by

external administrators 298

Subdivision A—Introduction 298

60-1 Simplified outline of this Division ................................298

Subdivision B—Remuneration of external administrators—

general rules 299

60-2 Application of this Subdivision .....................................299

60-5 External administrator’s remuneration ..........................299

60-10 Remuneration determinations........................................300

60-11 Review of remuneration determinations........................301

60-12 Matters to which the Court must have regard ................302

60-15 Maximum default amount .............................................303

Subdivision C—Remuneration of provisional liquidators 305

60-16 Remuneration of provisional liquidators .......................305

Subdivision D—Remuneration of liquidators in winding up by

ASIC 305

60-17 Remuneration of liquidators in winding up by

ASIC..............................................................................305

Subdivision E—Duties of external administrators relating to

remuneration and benefits etc. 306

60-20 External administrator must not derive profit or

advantage from the administration of the company.......306

Division 65—Funds handling 309

65-1 Simplified outline of this Division ................................309

65-5 External administrator must pay all money into an

administration account ..................................................309

65-10 Administration accounts................................................310

65-15 External administrator must not pay other money

into the administration account......................................311

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65-20 Consequences for failure to pay money into

administration account ..................................................311

65-25 Paying money out of administration account ................312

65-40 Handling securities ........................................................313

65-45 Handling of money and securities—Court

directions.......................................................................314

65-50 Rules in relation to consequences for failure to

comply with this Division .............................................315

Division 70—Information 316

Subdivision A—Introduction 316

70-1 Simplified outline of this Division ................................316

Subdivision B—Administration returns 317

70-5 Annual administration return.........................................317

70-6 End of administration return..........................................318

Subdivision C—Record-keeping 320

70-10 Administration books ....................................................320

70-15 Audit of administration books—ASIC ..........................321

70-20 Audit of administration books—on order of the

Court..............................................................................322

70-25 External administrator to comply with auditor

requirements ..................................................................322

70-30 Transfer of books to new administrator.........................323

70-31 Transfer of books to ASIC etc. ......................................325

70-35 Retention and destruction of books ...............................327

70-36 Books of company in external administration—

evidence ........................................................................328

Subdivision D—Giving information etc. to creditors and others 329

70-40 Right of creditors to request information etc. from

external administrator....................................................329

70-45 Right of individual creditor to request information

etc. from external administrator.....................................329

70-46 Right of members to request information etc. from

external administrator in a members’ voluntary

winding up.....................................................................330

70-47 Right of individual member to request information

etc. from external administrator in a members’

voluntary winding up.....................................................331

70-50 Reporting to creditors and members..............................331

Subdivision E—Other requests for information etc. 332

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70-55 Commonwealth may request information etc. ...............332

Subdivision F—Reporting to ASIC 333

70-60 Insolvency Practice Rules may provide for

reporting to ASIC ..........................................................333

Subdivision G—External administrator may be compelled to

comply with requests for information etc. 334

70-65 Application of this Subdivision .....................................334

70-70 ASIC may direct external administrator to comply

with the request for relevant material ............................334

70-75 ASIC must notify external administrator before

giving a direction under section 70-70 ..........................335

70-80 ASIC must not direct external administrator to

give the relevant material if external administrator

entitled not to comply with the request..........................335

70-85 ASIC may impose conditions on use of the

relevant material ............................................................336

70-90 Court may order relevant material to be given ..............336

Division 75—Meetings 338

75-1 Simplified outline of this Division ................................338

75-5 Other obligations to convene meetings not affected ......338

75-10 External administrator may convene meetings ..............338

75-15 External administrator must convene meeting in

certain circumstances ....................................................339

75-20 External administrator must convene meeting if

required by ASIC ..........................................................340

75-25 External administrator’s representative at meetings ......340

75-30 ASIC may attend meetings ............................................341

75-35 Commonwealth may attend certain meetings etc. .........341

75-40 Proposals to creditors or contributories without

meeting..........................................................................341

75-41 Outcome of voting at creditors’ meeting

determined by related entity—Court powers.................343

75-42 Creditors’ resolution passed because of casting

vote—Court review .......................................................344

75-43 Proposed creditors’ resolution not passed because

of casting vote—Court’s powers ...................................345

75-44 Interim order on application under section 75-41,

75-42 or 75-43...............................................................346

75-45 Order under section 75-41 or 75-42 does not affect

act already done pursuant to resolution .........................347

75-50 Rules relating to meetings .............................................347

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Division 80—Committees of inspection 349

80-1 Simplified outline of this Division ................................349

80-5 Application of sections 80-10 to 80-25 .........................350

80-10 Committee of inspection—company not a member

of a pooled group...........................................................350

80-15 Appointment and removal of members of

committee of inspection by creditors generally .............350

80-20 Appointment of committee member by large

creditor ..........................................................................351

80-25 Appointment of committee member by employees .......352

80-26 Committee of inspection—pooled groups .....................353

80-27 External administrator must convene meeting in

certain circumstances ....................................................354

80-30 Committees of inspection—procedures etc. ..................356

80-35 Functions of committee of inspection............................356

80-40 Committee of inspection may request information

etc. .................................................................................357

80-45 Reporting to committee of inspection............................357

80-50 Committee of inspection may obtain specialist

advice or assistance .......................................................358

80-55 Obligations of members of committee of

inspection ......................................................................359

80-60 Obligations of creditor appointing a member of

committee of inspection ................................................361

80-65 ASIC may attend committee meetings ..........................362

80-70 The Court may inquire into conduct of the

committee......................................................................362

Division 85—Directions by creditors 363

85-1 Simplified outline of this Division ................................363

85-5 External administrator to have regard to directions

given by creditors ..........................................................363

Division 90—Review of the external administration of a

company 364

Subdivision A—Introduction 364

90-1 Simplified outline of this Division ................................364

Subdivision B—Court powers to inquire and make orders 365

90-5 Court may inquire on own initiative ..............................365

90-10 Court may inquire on application of creditors etc. ........365

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90-15 Court may make orders in relation to external

administration................................................................366

90-20 Application for Court order ...........................................368

90-21 Meetings to ascertain wishes of creditors or

contributories.................................................................369

Subdivision C—Review by another registered liquidator 370

90-22 Application of this Subdivision .....................................370

90-23 Appointment of reviewing liquidator by ASIC or

the Court........................................................................370

90-24 Appointment of reviewing liquidator by creditors

etc. .................................................................................371

90-25 Reviewing liquidator must consent to appointment.......373

90-26 Review ..........................................................................373

90-27 Who pays for a review?.................................................374

90-28 Court orders in relation to review..................................374

90-29 Rules about reviews.......................................................376

Subdivision D—Removal by creditors 376

90-30 Application of this Subdivision .....................................376

90-35 Removal by creditors.....................................................377

Part 4—Other matters 379

Division 95—Introduction 379

95-1 Simplified outline of this Part........................................379

Division 100—Other matters 380

100-5 External administrator may assign right to sue

under this Act ................................................................380

100-6 Approved forms.............................................................380

Division 105—The Insolvency Practice Rules 382

105-1 The Insolvency Practice Rules ......................................382

Schedule 3—Penalties 383

Schedule 4—Transfer of financial institutions and

friendly societies 419

Part 1—Preliminary 419 1 Definitions.....................................................................419

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Part 2—Financial institutions that became companies 423

Division 1—Registration and its consequences 423

3 Background (registration of transferring financial

institution as company) .................................................423

4 Rules applied to transferring institution that was

registered as a company under the transfer

provisions ......................................................................423

11 Transferring financial institution under external

administration................................................................424

Division 2—Membership 427

12 Institution that became a company limited by

shares.............................................................................427

13 Institution that became a company limited by

guarantee .......................................................................428

14 Institution becoming a company limited by shares

and guarantee ................................................................429

15 Redeemable preference shares that were

withdrawable shares ......................................................430

16 Liability of members on winding up .............................430

Division 3—Share capital 432

17 Share capital ..................................................................432

18 Application of no par value rule ....................................433

19 Calls on partly-paid shares ............................................433

20 References in contracts and other documents to par

value ..............................................................................433

Part 4—The transition period 435 25 ASIC may direct directors of a company to modify

its constitution ...............................................................435

27 When certain modifications of a company’s

constitution under an exemption or declaration

take effect ......................................................................436

Part 5—Demutualisations 438 29 Disclosure for proposed demutualisation ......................438

30 ASIC’s exemption power ..............................................440

31 Coverage of disclosure statement ..................................441

32 Registration of disclosure statement..............................441

33 Expert’s report...............................................................443

34 Unconscionable conduct in relation to

demutualisations............................................................444

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35 Orders the Court may make...........................................445

Part 6—Continued application of fundraising provisions of the

Friendly Societies Code 447 36 Friendly Societies Code to apply to offers of

interests in benefit funds................................................447

Part 7—Transitional provisions 449 37 Unclaimed money .........................................................449

38 Modification by regulations ..........................................450

39 Regulations may deal with transitional, saving or

application matters ........................................................451

Endnotes 453

Endnote 1—About the endnotes 453

Endnote 2—Abbreviation key 455

Endnote 3—Legislation history 456

Endnote 4—Amendment history 473

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Transitional provisions Chapter 10

Transition from the old corporations legislation Part 10.1

Preliminary Division 1

Section 1370

Corporations Act 2001 1

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Chapter 10—Transitional provisions

Part 10.1—Transition from the old corporations

legislation

Division 1—Preliminary

1370 Object of Part

(1) Subject to subsection (3), the object of this Part is to provide for a

smooth transition from the regime provided for in the old

corporations legislation of the States and Territories in this

jurisdiction to the regime provided for in the new corporations

legislation, so that individuals, bodies corporate and other bodies

are, to the greatest extent possible, put in the same position

immediately after the commencement as they would have been if:

(a) that old corporations legislation had, from time to time when

it was in force, been valid Commonwealth legislation

applying throughout those States and Territories; and

(b) the new corporations legislation (to the extent it contains

provisions that correspond to provisions of the old

corporations legislation as in force immediately before the

commencement) were a continuation of that old corporations

legislation as so applying.

Note: The new corporations legislation contains provisions that correspond

to most of the provisions of the old corporations legislation.

Generally, the only exceptions to this are provisions of the old

corporations legislation that related to the fact that the Corporations

Law operated separately in each of the States and Territories (rather

than as a single national law).

(2) In resolving any ambiguity as to the meaning of any of the other

provisions of this Part, an interpretation that is consistent with the

object of this Part is to be preferred to an interpretation that is not

consistent with that object.

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Chapter 10 Transitional provisions

Part 10.1 Transition from the old corporations legislation

Division 1 Preliminary

Section 1371

2 Corporations Act 2001

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(3) This Part does contain some provisions (for example,

subsection 1400(4)) which apply or extend to matters under the old

corporations legislation of any non-referring State.

1371 Definitions

(1) In this Part:

carried over provision of the old corporations legislation of a State

or Territory in this jurisdiction means a provision of the old

corporations legislation of that State or Territory that:

(a) was in force immediately before the commencement; and

(b) corresponds to a provision of the new corporations

legislation.

commencement means the commencement of this Act.

corresponds has a meaning affected by subsections (2), (3) and (4).

instrument means:

(a) any instrument of a legislative character (including an Act or

regulations) or of an administrative character; or

(b) any other document.

liability includes a duty or obligation.

made includes issued, given or published.

new corporations legislation means:

(a) this Act; and

(b) the new Corporations Regulations (as amended and in force

from time to time) and any other regulations made under this

Act; and

(c) the laws of the Commonwealth referred to in paragraph (c) of

the definition of old corporations legislation, being those

laws as they apply after the commencement; and

(d) the preserved instruments.

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new Corporations Regulations means the regulations that, because

of section 1380, have effect as if they were made under

section 1364.

old application Act for a State or Territory means:

(a) in the case of New South Wales—the Corporations (New

South Wales) Act 1990 of New South Wales as in force from

time to time before the commencement; or

(b) in the case of Victoria—the Corporations (Victoria) Act 1990

of Victoria as in force from time to time before the

commencement; or

(c) in the case of Queensland—the Corporations (Queensland)

Act 1990 of Queensland as in force from time to time before

the commencement; or

(d) in the case of Western Australia—the Corporations (Western

Australia) Act 1990 of Western Australia as in force from

time to time before the commencement; or

(e) in the case of South Australia—the Corporations (South

Australia) Act 1990 of South Australia as in force from time

to time before the commencement; or

(f) in the case of Tasmania—the Corporations (Tasmania) Act

1990 of Tasmania as in force from time to time before the

commencement; or

(g) in the case of the Australian Capital Territory—the old

Corporations Act; or

(h) in the case of the Northern Territory—the Corporations

(Northern Territory) Act 1990 of the Northern Territory as in

force from time to time before the commencement.

old Corporations Act means the Corporations Act 1989 as in force

from time to time before the commencement.

old Corporations Law means:

(a) when used in relation to a particular State or Territory—the

Corporations Law of that State or Territory, within the

meaning of the old application Act for that State or Territory,

as in force from time to time before the commencement; or

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(b) when used in general terms—the Corporations Law set out in

section 82 of the old Corporations Act as in force from time

to time before the commencement.

old corporations legislation of a particular State or Territory

means:

(a) the old Corporations Law and old Corporations Regulations

of that State or Territory, and any instruments made under

that Law or those Regulations; and

(b) the old application Act for that State or Territory, and any

instruments made under that Act; and

(c) either:

(i) when used in relation to a State or the Northern

Territory—the laws of the Commonwealth as applying

in relation to the old Corporations Law and the old

Corporations Regulations of the State or Territory from

time to time before the commencement as laws of, or

for the government of, that State or Territory because of

Part 8 of the old Application Act for that State or

Territory, and any instruments made under those laws as

so applying; or

(ii) when used in relation to the Australian Capital

Territory—the laws of the Commonwealth referred to in

subparagraph (i), but as applying of their own force in

relation to the old Corporations Law and old

Corporations Regulations of the Territory, and any

instruments made under those laws as so applying.

old Corporations Regulations means:

(a) when used in relation to a particular State or Territory—the

Corporations Regulations of that State or Territory, within

the meaning of the old application Act for that State or

Territory, as in force from time to time before the

commencement; or

(b) when used in general terms—the regulations made under

section 22 of the old Corporations Act as in force from time

to time before the commencement.

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order, in relation to a court, includes any judgment, conviction or

sentence of the court.

pre-commencement right or liability has the meaning given by

subsection 1400(1) or 1401(1).

preserved instrument means an instrument that, because of

section 1399, has effect after the commencement as if it were made

under a provision of the new corporations legislation.

right includes an interest or status.

substituted right or liability has the meaning given by

subsection 1400(2) or 1401(3).

this Part includes regulations made for the purposes of any of the

provisions of this Part.

(2) Subject to subsection (4), for the purposes of this Part, a provision

or part (the old provision or part) of the old corporations

legislation of a State or Territory corresponds to a provision or part

(the new provision or part) of the new corporations legislation

(and vice versa) if:

(a) the old provision or part and the new provision or part are

substantially the same, unless the regulations specify that the

2 provisions or parts do not correspond; or

(b) the regulations specify that the 2 provisions or parts

correspond.

Note: The range of provisions of the new corporations legislation that may

be corresponding provisions for the purposes of this Part is affected by

sections 1401 and 1408, which take certain provisions of the old

corporations legislation to be included in the new corporations

legislation.

(3) For the purposes of paragraph (2)(a), differences of all or any of

the following kinds are not sufficient to mean that 2 provisions or

parts are not substantially the same:

(a) differences in the numbering of the provisions or parts;

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(b) differences of a minor technical nature (for example,

differences in punctuation, or differences that are attributable

to the correction of incorrect cross references);

(c) the fact that one of the provisions refers to a corresponding

previous law and the other does not;

(d) that fact that:

(i) the old provision or part allowed a court to exercise

powers on its own motion but the new provision or part

does not; or

(ii) the old provision or part required a court to apply a

criterion of public interest but the new provision or part

requires a court to apply a criterion of justice and

equity; or

(iii) the new provision or part requires ASIC to take account

of public interest but the old provision or part did not;

(e) other differences that are attributable to the fact that the new

corporations legislation applies as a Commonwealth law

throughout this jurisdiction;

(f) other differences of a kind prescribed by the regulations for

the purposes of this paragraph.

This subsection is not intended to otherwise limit the

circumstances in which 2 provisions or parts are, for the purposes

of paragraph (2)(a), substantially the same.

(4) The regulations may provide that a specified provision of the old

corporations legislation of a State or Territory does, or does not,

correspond to a specified provision of the new corporations

legislation.

1372 Relationship of Part with State validation Acts

(1) This Part applies to an invalid administrative action of a

Commonwealth authority or an officer of the Commonwealth

(within the meaning of a State validation Act) as if the

circumstances that made the authority’s or officer’s action an

invalid administrative action had not made the action invalid.

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Note 1: So, for example, in determining whether the purported registration of

a company is an action to which this Part (in particular Division 2)

applies, the circumstances that made the action an invalid

administrative action for the purposes of a State validation Act are to

be disregarded.

Note 2: For the status and effect of invalid administrative actions in relation to

times before the commencement, see the State validation Acts.

(2) However, if there are other circumstances that affect or may affect

the validity of the action, neither this section, nor anything else in

this Part, is taken to negate the effect of those other circumstances.

(3) If:

(a) a person would have had a right or liability under a provision

(the old provision) of the old corporations legislation of a

State if the circumstances that made the authority’s or

officer’s action an invalid administrative action (within the

meaning of the State validation Act of that State) had not

made the action invalid; and

(b) the effect of that State validation Act in relation to that action

is to declare that the person has, and is taken always to have

had, the same rights and liabilities as they would have had

under the old provision if the invalid administrative action

had been taken, or purportedly taken, at the relevant time by

a duly authorised State authority or officer of the State

(within the meaning of that Act);

this Part applies as if:

(c) a reference to a right or liability arising under the old

corporations legislation included a reference to the right or

liability that the person is declared to have by the State

validation Act; and

(d) that right or liability arose under the old provision.

(4) In this section:

State validation Act means an Act of a State in this jurisdiction

under which certain administrative actions (within the meaning of

that Act) taken, or purportedly taken, at or before the

commencement by Commonwealth authorities or officers of the

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Commonwealth (within the meaning of that Act) pursuant to

functions or powers (the relevant functions or powers) conferred,

or purportedly conferred, by or under laws that include the old

application Act for that State have, and are deemed always to have

had, the same force and effect for all purposes as they would have

had if:

(a) they had been taken, or purportedly taken by a State authority

or officer of the State (within the meaning of that Act); and

(b) the relevant functions or powers had been duly conferred on

those authorities or officers.

1373 References to things taken or deemed to be the case etc.

If:

(a) a law of a State or Territory in this jurisdiction had effect

before the commencement:

(i) to take or deem something to have happened or to be the

case, or to have a particular effect, under or for the

purposes of the old corporations legislation of that State

or Territory (or a provision of that legislation); or

(ii) to give something an effect for the purposes of the old

corporations legislation of that State or Territory (or a

provision of that legislation) that it would not otherwise

have had; and

(b) that effect was continuing immediately before the

commencement;

this Part applies as if that thing had actually happened or were

actually the case, or as if that thing actually had that other effect.

Note: So, for example, if a provision of the old corporations legislation, or

another law, of a State or Territory in this jurisdiction took a company

to be registered under Part 2A.2 of the old Corporations Law of the

State or Territory, this Part applies as if the company were actually

registered under that Part.

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1374 Existence of several versions of old corporations legislation

does not result in this Part operating to take same thing to

be done several times under new corporations legislation

etc.

If, apart from this section, a provision of this Part (the transitional

provision) would, because each State or Territory in this

jurisdiction had its own old corporations legislation (containing

parallel provisions) before the commencement, operate so that:

(a) a particular thing done before the commencement would be

taken to be done, or have effect, 2 or more times by, under or

for the purposes of, a provision of this Act; or

(b) a right or liability would be created 2 or more times in

respect of a particular event, circumstance or thing that

happened before the commencement; or

(c) a particular result or effect would be produced 2 or more

times for the purposes of the new corporations legislation in

relation to the same matter;

the transitional provision is taken to operate so that:

(d) if paragraph (a) applies—the thing is taken to be done or

have effect only once by, under, or for the purposes of, the

provision of the new corporations legislation; or

(e) if paragraph (b) applies—the right or liability is created only

once in respect of the event, circumstance or thing; or

(f) if paragraph (c) applies—the result or effect is produced only

once in relation to the matter.

Note: So, for example, if a body (because of the operation of section 102A

of the old Corporations Law) was registered under section 601CB of

the old Corporations Law of several States and Territories and those

registrations were still in force immediately before the

commencement, section 1399 does not apply separately to each of

those registrations.

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1375 Penalty units in respect of pre-commencement conduct remain

at $100

(1) If, because of this Part, an offence can be prosecuted after the

commencement in respect of conduct that occurred solely before

the commencement, the amount of a penalty unit in respect of that

offence is $100.

(2) If, because of this Part, section 1314 of this Act applies to conduct

that started before the commencement and that continued after the

commencement, then, for the purposes of the application of that

section to that conduct (including the post-commencement

conduct), the amount of a penalty unit is $100.

(3) This section has effect despite section 4AA of the Crimes Act

1914.

1376 Ceasing to be a referring State does not affect previous

operation of this Part

If, after the commencement, a State ceases to be a referring State,

that does not undo or affect:

(a) the effects that this Part has already had in relation to matters

connected with that State; or

(b) the ongoing effect of this Act as it operates because of the

effects referred to in paragraph (a).

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Division 2—Carrying over registration of companies

1377 Division has effect subject to Division 7 regulations

This Division has effect subject to regulations made for the

purposes of Division 7.

1378 Existing registered companies continue to be registered

(1) If:

(a) before the commencement, a company was registered under

Part 2A.2 of the old Corporations Law of a State or Territory

in this jurisdiction; and

(b) that registration was still in force immediately before the

commencement;

the registration of the company has effect (and may be dealt with)

after the commencement as if it were a registration of the company

under Part 2A.2 of this Act as a company of whichever of the

company types listed in subsection (2) corresponds to its previous

class and type.

Note: The carrying over of other matters (for example, the registration of

registered managed investment schemes and of registered bodies) is

covered by the more general transitional provisions in Division 6.

(2) The company types are as follows:

(a) a proprietary company limited by shares;

(b) an unlimited proprietary company;

(c) a proprietary company limited both by shares and by

guarantee;

(d) a public company limited by shares;

(e) an unlimited public company;

(f) a company limited by guarantee;

(g) a public company limited both by shares and by guarantee;

(h) a no liability company.

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(3) The application of subsection (1) in relation to the registration of a

company does not have the effect of creating that company as a

new legal entity. Rather, it has the effect of continuing the

existence of the legal entity that is that company with the same

characteristics and attributes as it had immediately before the

commencement. The date of the company’s first registration

remains the same (see subsection 1402(2)), and a new certificate of

registration does not need to be issued.

Note: The company will, for example, retain the same name, ACN,

constitution and registered office as it had immediately before the

commencement. Its certificate of registration will (because of

section 1399) have effect as if it were issued under section 118 of this

Act.

(4) The State or Territory in which the company is taken to be

registered is the State or Territory under whose old Corporations

Law the company was registered immediately before

commencement. This subsection has effect subject to

subsection 119A(3).

Note: For the general provisions about jurisdiction of incorporation and

jurisdiction of registration, see section 119A.

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Division 3—Carrying over the old Corporations

Regulations

1379 Division has effect subject to Division 7 regulations

This Division has effect subject to regulations made for the

purposes of Division 7.

1380 Old Corporations Regulations continue to have effect

The old Corporations Regulations that were made for the purposes

of provisions of the old Corporations Law that correspond to

provisions of this Act and that were in force immediately before

the commencement continue to have effect (and may be dealt with)

after the commencement as if:

(a) they were regulations in force under section 1364 of this Act;

and

(b) they were made for the purposes of the corresponding

provisions of this Act.

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Division 4—Court proceedings and orders

1381 Division has effect subject to Division 7 regulations

This Division has effect subject to regulations made for the

purposes of Division 7.

1382 Definitions

(1) In this Division:

appeal or review proceeding, in relation to an order of a court,

means a proceeding by way of appeal, or otherwise seeking review,

of the order.

enforcement proceeding, in relation to an order made by a court,

means:

(a) a proceeding to enforce the order; or

(b) any other proceeding in respect of a breach of the order.

federal corporations proceeding means a proceeding of any of the

following kinds that, immediately before the commencement, was

before a court:

(a) a proceeding in respect of a matter arising under the

Administrative Decisions (Judicial Review) Act 1977

involving or related to a decision made under a provision of

the old corporations legislation of a State or Territory in this

jurisdiction;

(b) a proceeding for a writ of mandamus or prohibition, or an

injunction, against an officer or officers of the

Commonwealth (within the meaning of section 75 of the

Constitution) in relation to a matter to which a provision of

the old corporations legislation of a State or Territory in this

jurisdiction applied;

(ba) a proceeding that relates to a matter to which a provision of

the Corporations Act 1989 applied (other than a proceeding

that relates to a matter to which a provision of the

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Corporations Law of the Australian Capital Territory

applied);

(bb) a proceeding in relation to a matter to which a provision of

the old corporations legislation of a State or Territory in this

jurisdiction applied:

(i) in which the Commonwealth was seeking an injunction

or a declaration; or

(ii) to which the Commonwealth, or a person suing or being

sued on behalf of the Commonwealth, was a party;

(bc) any other proceeding in relation to a matter to which a

provision of the old corporations legislation of a State in this

jurisdiction applied that was in the exercise of federal

jurisdiction;

(bd) any other proceeding in relation to a matter to which a

provision of the old corporations legislation of a Territory in

this jurisdiction applied that would be covered by

paragraph (bc) if the Territory had been a State;

(c) a proceeding in the court’s accrued federal jurisdiction in

relation to a matter to which a provision of the old

corporations legislation of a State or Territory in this

jurisdiction applied.

interlocutory application means an application that:

(a) is made during the course of a proceeding; and

(b) is for an order that is incidental to the principal object of that

proceeding, including, for example:

(i) an order about the conduct of that proceeding; or

(ii) an order assisting a party to that proceeding to present

their case in that proceeding; or

(iii) an order protecting or otherwise dealing with property

that is the subject matter of that proceeding;

but not including an order making a final determination of

existing rights or liabilities.

interlocutory order means:

(a) an order made in relation to an interlocutory application; or

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(b) an order or direction about the conduct of a proceeding.

interlocutory proceeding means a proceeding:

(a) dealing only with; or

(b) to the extent it deals with;

an interlocutory application.

primary proceeding means a proceeding other than an

interlocutory proceeding.

proceeding means a proceeding, whether criminal or civil, before a

court.

(2) For the purposes of this Part, if an interlocutory proceeding relates

to a proceeding that is itself an interlocutory proceeding, the

first-mentioned proceeding is taken to relate also to the primary

proceeding to which the second-mentioned proceeding relates.

1383 Treatment of court proceedings under or related to the old

corporations legislation—proceedings other than federal

corporations proceedings

(1) This section applies to a proceeding, other than a federal

corporations proceeding, in relation to which the following

paragraphs are satisfied:

(a) the proceeding was started in a court before the

commencement; and

(b) the proceeding was:

(i) under a provision of the old corporations legislation of a

State or Territory in this jurisdiction; or

(ii) brought as, or connected with, a prosecution for an

offence against a provision of the old corporations

legislation of a State or Territory in this jurisdiction; and

(c) the proceeding was not an enforcement proceeding, or an

appeal or review proceeding, in relation to an order of a

court; and

(d) the proceeding had not been concluded or terminated before

the commencement; and

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(e) either:

(i) if the proceeding is a primary proceeding—no final

determination of any of the existing rights or liabilities

at issue in the proceeding had been made before the

commencement; or

(ii) if the proceeding is an interlocutory proceeding—this

section applies to the primary proceeding to which the

interlocutory proceeding relates.

(2) In this section:

(a) the proceeding to which this section applies is called the old

proceeding; and

(b) the provision of the old corporations legislation referred to in

whichever of subparagraphs (1)(b)(i) and (ii) applies is called

the relevant old provision.

(3) A proceeding (the new proceeding) equivalent to the old

proceeding is, on the commencement, taken to have been brought

in the same court, exercising federal jurisdiction:

(a) if subparagraph (1)(b)(i) applies—under the provision of the

new corporations legislation that corresponds to the relevant

old provision; or

(b) if subparagraph (1)(b)(ii) applies—as, or connected with, a

prosecution for an offence against the provision of the new

corporations legislation that corresponds to the relevant old

provision.

To the extent that the old proceeding, before the commencement,

related to pre-commencement rights or liabilities, the new

proceeding relates to the substituted rights and liabilities in relation

to those pre-commencement rights or liabilities

Note 1: See sections 1400 and 1401 for the creation of substituted rights and

liabilities.

Note 2: In all cases, there will be a provision of the new corporations

legislation that corresponds to the relevant old provision, either

because:

(a) the new corporations legislation actually contains a provision that corresponds to the relevant old provision; or

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(b) the new corporations legislation, because of section 1401 or 1408, is taken to include the relevant old provision (whether with or without modifications), in which case the provision so taken to be included will be the corresponding provision.

(4) The following provisions apply in relation to the new proceeding:

(a) the parties to the new proceeding are the same as the parties

to the old proceeding;

(b) subject to subsections (5) and (6), and to any order to the

contrary made by the court, the court must deal with the new

proceeding as if the steps that had been taken for the

purposes of the old proceeding before the commencement

had been taken for the purposes of the new proceeding.

(5) If:

(a) an interlocutory order was made before the commencement

for the purpose of, or in relation to, the old proceeding; and

(b) that interlocutory order was in force immediately before the

commencement;

the rights and liabilities of all persons (including rights and

liabilities arising wholly or partly because of conduct occurring

before the commencement) are declared to be, for all purposes, the

same as if the interlocutory order had instead been made by the

same court, in the exercise of federal jurisdiction, for the purpose

of, or in relation to, the new proceeding.

(6) The court may make orders doing all or any of the following:

(a) cancelling or varying rights or liabilities that a person has

because of subsection (5);

(b) substituting other rights or liabilities for rights or liabilities a

person has because of subsection (5);

(c) adding rights or liabilities to the rights or liabilities a person

has because of subsection (5);

(d) enforcing, or otherwise dealing with conduct contrary to, a

right or liability a person has because of subsection (5) in the

same way as it could enforce, or deal with, the right, liability

or conduct if the right or liability had arisen under or because

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of an order made by the court in the exercise of federal

jurisdiction under the new corporations legislation.

1384 Treatment of court proceedings under or related to the old

corporations legislation—federal corporations

proceedings

(1) This section applies to a proceeding in relation to which the

following paragraphs are satisfied:

(a) the proceeding was started in a court before the

commencement; and

(b) the proceeding was a federal corporations proceeding that

related to a matter to which a provision of the old

corporations legislation of a State or Territory in this

jurisdiction applied; and

(c) the proceeding had not been concluded or terminated before

the commencement.

(2) In this section:

(a) the proceeding to which this section applies is called the

continued proceeding; and

(b) the provision of the old corporations legislation referred to in

paragraph (1)(b) is called the relevant old provision.

(3) Subject to subsection (4):

(a) the continued proceeding continues after the commencement

in the same court as if it were, and always had been, a

proceeding in relation to a matter to which the provision of

the new corporations legislation that corresponds to the

relevant old provision applies; and

(b) to the extent that the proceeding, before the commencement,

related to pre-commencement rights or liabilities, the

proceeding, as continued, relates, and as so continuing is

taken always to have related, to the substituted rights and

liabilities in relation to those pre-commencement rights or

liabilities

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Note 1: See sections 1400 and 1401 for the creation of substituted rights and

liabilities.

Note 2: In all cases, there will be a provision of the new corporations

legislation that corresponds to the relevant old provision, either

because:

(a) the new corporations legislation actually contains a provision that corresponds to the relevant old provision; or

(b) the new corporations legislation, because of section 1401 or 1408, is taken to include the relevant old provision (whether with or without modifications), in which case the provision so taken to be included will be the corresponding provision.

(4) Subject to any order to the contrary made by the court, the court

must deal with the continued proceeding as if:

(a) the steps that had been taken for the purposes of the

proceeding before the commencement had been taken for the

purpose of the proceeding as continued by this section; and

(b) any orders made in relation to the proceeding before the

commencement had been made in relation to the proceeding

as continued by this section.

1384A Appeals etc. in relation to some former federal corporations

proceedings

(1) This section applies to a proceeding in relation to which all of the

following paragraphs are satisfied:

(a) the proceeding was started in a court before the

commencement;

(b) the proceeding was a federal corporations proceeding that

related to a matter to which a provision of the old

corporations legislation of a State or Territory in this

jurisdiction applied; and

(c) the proceeding had been concluded or terminated before the

commencement.

(2) A decision or order made in the proceeding may be appealed

against, or otherwise reviewed, as if it had been made in a

proceeding that related to a matter to which a provision of this Act

applied.

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(3) An order made in the proceeding may be enforced as if it had been

made in a proceeding that related to a matter to which a provision

of this Act applied.

1384B Effect of decisions and orders made in federal corporations

proceedings before commencement

(1) For the avoidance of doubt, if:

(a) a proceeding was started in a court before the

commencement; and

(b) the proceeding was a federal corporations proceeding that

related to a matter to which a provision of the old

corporations legislation of a State or Territory in this

jurisdiction applied; and

(c) a decision was made or an order given in the proceeding

before the commencement;

the decision or order continues to have effect after the

commencement despite the provision of the old corporations

legislation ceasing to have effect.

(2) This section does not limit the operation of section 1384 in relation

to the decision or order.

1385 References to proceedings and orders in the new corporations

legislation

(1) Subject to subsection (5), a reference in the new corporations

legislation to the taking of a proceeding, or a step in a proceeding,

in a court under or in relation to a part or provision of the new

corporations legislation includes a reference to the taking of a

proceeding, or the equivalent step in a proceeding:

(a) before the commencement under or in relation to the

corresponding part or provision of the old corporations

legislation of a State or Territory; or

(b) after the commencement under or in relation to the

corresponding part or provision of the old corporations

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Part 10.1 Transition from the old corporations legislation

Division 4 Court proceedings and orders

Section 1385

22 Corporations Act 2001

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legislation of a State or Territory in this jurisdiction, as that

legislation continues to have effect after the commencement.

(2) Subject to subsections (3), (4) and (5), a reference in the new

corporations legislation to an order made by a court under or in

relation to a part or provision of the new corporations legislation

includes a reference to an order made:

(a) before the commencement under or in relation to the

corresponding part or provision of the old corporations

legislation of a State or Territory; or

(b) after the commencement under or in relation to the

corresponding part or provision of the old corporations

legislation of a State or Territory in this jurisdiction, as that

legislation continues to have effect after the commencement.

(3) Nothing in subsection (2) is taken to produce a result that would:

(a) make a person liable, under the new corporations legislation,

to any penalty (whether civil or criminal) provided for in an

order referred to in paragraph (2)(a) or (b); or

(b) enable an enforcement proceeding, or an appeal or review

proceeding, in relation to such an order to be taken in a court

under the new corporations legislation; or

(c) enable proceedings by way of appeal, or other review, of

such an order to be taken in a court under the new

corporations legislation.

(4) If, after the commencement, an order referred to in

paragraph (2)(a) or (b) is varied or set aside on appeal or review,

subsection (2) applies, or is taken to have applied, from the time

from which the variation or setting aside takes or took effect, as if:

(a) if the order is varied—the order had been made as so varied;

or

(b) if the order is set aside—the order had not been made.

(5) The regulations may provide that subsection (1) or (2) does not

apply in relation to a particular reference or class of references in

the new corporations legislation.

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Corporations Act 2001 23

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Division 5—Other specific transitional provisions

1386 Division has effect subject to Division 7 regulations

This Division has effect subject to regulations made for the

purposes of Division 7.

1387 Certain applications lapse on the commencement

(1) An application:

(a) under section 117 for the registration of a company; or

(b) under section 601BC for the registration of a body as a

company;

that was made by a person before the commencement, but that had

not been dealt with by the commencement, lapses on the

commencement.

(2) Any fee that was paid in respect of the application must be returned

to the person, unless it is, with the person’s permission, credited

against the fee payable in respect of another application the person

makes under this Act after the commencement.

1388 Carrying over the Partnerships and Associations Application

Order

The application order in force immediately before the

commencement for paragraph 115(b) of the old Corporations Law

of each State and Territory in this jurisdiction continues to have

effect (and may be dealt with) after the commencement as if it

were a regulation in force under section 1364 of this Act made for

the purposes of subsection 115(2) of this Act.

1389 Evidentiary certificates

(1) A certificate by ASIC (whether issued before or after the

commencement) stating that a company was registered under the

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Section 1390

24 Corporations Act 2001

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old Corporations Law of a State or Territory in this jurisdiction is

conclusive evidence that:

(a) all requirements of that Law for the company’s registration

were complied with; and

(b) the company was duly registered as a company under that

Law on the date (if any) specified in the certificate.

(2) A certificate issued before the commencement under

pre-Corporations Law legislation (see subsection (3)) by the

authority responsible for administering that legislation stating that

a body was registered as a company under that legislation or other

pre-Corporations Law legislation is conclusive evidence that:

(a) all requirements of that legislation for the company’s

registration were complied with; and

(b) the company was duly registered as a company under that

legislation on the date (if any) specified in the certificate.

(3) In subsection (2):

pre-Corporations Law legislation means legislation that was, for

the purposes of the old Corporations Law of a State or Territory in

this jurisdiction, a corresponding previous law in relation to that

old Corporations Law.

1390 Preservation of nomination of body corporate as SEGC

The nomination in force immediately before the commencement

under section 67 of the old Corporations Act continues to have

effect (and may be dealt with) after the commencement as if it

were a nomination under section 890A of this Act.

1391 Preservation of identification of satisfactory records

A notice in force immediately before the commencement under

section 70 of the old Corporations Act continues to have effect

(and may be dealt with) after the commencement as if it were a

notice under subsection 147(5) of this Act.

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1392 Retention of information obtained under old corporations

legislation of non-referring State

If a particular State is not a referring State on the commencement,

that does not mean that ASIC must then remove from, or cease to

retain in, a database or register it maintains information that ASIC

obtained before the commencement under or because of (whether

in whole or in part) the operation of the old corporations legislation

of that State.

1393 Transitional provisions relating to section 1351 fees

(1) If:

(a) either:

(i) before the commencement, a person paid an amount as

required by section 1351 of the old Corporations Law of

a State or Territory in respect of a particular matter; or

(ii) after the commencement, a person pays an amount as

required by subsection 9(2) of the Corporations (Fees)

Act 2001 in respect of a particular matter; and

(b) a fee is also payable under section 1351 of this Act in respect

of the same matter;

the payment they made or make as mentioned in

subparagraph (a)(i) or (ii) is taken to satisfy their liability to pay

the fee referred to in paragraph (b).

(2) If:

(a) before the commencement, a person paid a deposit as

required by section 1357 of the old Corporations Law of a

State or Territory in respect of a particular matter; and

(b) a fee is payable under section 1351 of this Act in respect of

the same matter;

the deposit must be applied against the liability to pay the fee.

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Division 5 Other specific transitional provisions

Section 1394

26 Corporations Act 2001

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1394 Transitional provisions relating to securities exchange fidelity

fund levies

(1) If:

(a) before the commencement, a person paid an amount as

required by subsection 902(1) of the old Corporations Law of

a State or Territory in order to be admitted to:

(i) membership of a securities exchange; or

(ii) membership of a partnership in a member firm

recognised by a securities exchange; and

(b) that person had not been so admitted by the commencement

of this Act;

the payment they made before the commencement is taken to

satisfy their liability to pay the levy referred to in

subsection 902(1) of this Act in respect of their admission after the

commencement to that securities exchange or firm.

(2) If:

(a) either:

(i) before the commencement, a person paid an amount as

required by subsection 902(2) of the old Corporations

Law of a State or Territory to a securities exchange in

respect of a year some or all of which occurs after the

commencement of this Act; or

(ii) after the commencement, a person pays an amount as

required by subsection 8(3) of the Corporations

(Securities Exchanges Levies) Act 2001 in respect of a

year some or all of which occurs after the

commencement of this Act; and

(b) a levy is also payable under subsection 902(2) of this Act in

respect of the securities exchange and the year;

the payment they made or make as mentioned in

subparagraph (a)(i) or (ii) is taken to satisfy their liability to pay

the levy referred to in paragraph (b).

(3) If, before the commencement, a person paid an amount to a

securities exchange as required by subsection 902(2) of the old

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Corporations Law of a State or Territory, that payment is to be

counted, for the purposes of:

(a) the reference in paragraph (a) of the definition of relevant

person in subsection 903(1) of this Act; and

(b) subsection 903(5) of this Act;

as if it were a payment of a kind referred to in that paragraph or

that subsection, as the case requires.

1395 Transitional provisions relating to National Guarantee Fund

levies

(1) If:

(a) either:

(i) before the commencement, a person paid an amount as

required by section 938 of the old Corporations Law of

a State or Territory in respect of a particular transaction;

or

(ii) after the commencement, a person pays an amount of

levy imposed by subsection 6(1) of the Corporations

(National Guarantee Fund Levies) Act 2001 in respect

of a particular transaction; and

(b) a levy is also payable under section 938 of this Act in respect

of the same transaction;

the payment they made or make as mentioned in

subparagraph (a)(i) or (ii) is taken to satisfy their liability to pay

the levy referred to in paragraph (b).

(2) Subject to subsection (3), a determination of a matter (other than a

rate or rates, or an amount) in force immediately before the

commencement for the purposes of section 938, 940 or 941 of the

old Corporations Law of a State or Territory in this jurisdiction

continues to have effect (and may be dealt with) after the

commencement of this Act as if it were:

(a) in the case of a determination for the purposes of

section 938—a determination for the purposes of section 938

of this Act; or

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28 Corporations Act 2001

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(b) in the case of a determination for the purposes of

section 940—a determination for the purposes of section 940

of this Act; or

(c) in the case of a determination for the purposes of

section 941—a determination for the purposes of section 941

of this Act.

(3) Nothing in subsection (2) is taken to produce a result that a levy is

payable by a person in respect of the same matter in respect of

which levy is imposed on the person by subsection 6(1), (2) or (3)

of the Corporations (National Guarantee Fund Levies) Act 2001.

1396 Transitional provisions relating to futures organisation fidelity

fund levies

(1) If:

(a) before the commencement, a person paid an amount as

required by subsection 1234(1) of the old Corporations Law

of a State or Territory in order to be admitted to membership

of a futures organisation; and

(b) that person had not been so admitted by the commencement

of this Act;

the payment they made before the commencement is taken to

satisfy their liability to pay the levy referred to in

subsection 1234(1) of this Act in respect of their admission after

the commencement to that futures organisation.

(2) If:

(a) either:

(i) before the commencement, a contributing member of a

futures organisation paid an amount as required by

subsection 1234(2) of the old Corporations Law of a

State or Territory to a futures organisation in respect of

a year some or all of which occurs after the

commencement of this Act; or

(ii) after the commencement, a person pays an amount as

required by subsection 6(1) of the Corporations

(Futures Organisations Levies) Act 2001 in respect of a

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year some or all of which occurs after the

commencement of this Act; and

(b) a levy is also payable under subsection 1234(2) of this Act in

respect of the futures organisation and the year;

the payment they made or make as mentioned in

subparagraph (a)(i) or (ii) is taken to satisfy their liability to pay

the levy referred to in paragraph (b).

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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 1397

30 Corporations Act 2001

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Division 6—General transitional provisions relating to

other things done etc. under the old corporations

legislation

1397 Limitations on scope of this Division

(1) This Division has effect subject to:

(a) the provisions of Divisions 2, 3, 4 and 5 (which deal with

matters in more specific terms); and

(b) regulations made for the purposes of Division 7.

(2) Nothing in this Division applies to:

(a) an order made by a court before the commencement; or

(b) a right or liability under an order made by a court before the

commencement; or

(c) a right to:

(i) appeal to a court against an order made by a court

before the commencement;

(ii) apply to a court for review of such an order; or

(iii) bring an appeal or review proceeding, or an

enforcement proceeding, within the meaning of

section 1382, in respect of such an order; or

(d) subject to subsection (3)—a proceeding taken (including an

appeal, review or enforcement proceeding) in a court before

the commencement, or a step in such a proceeding.

Note: Division 4 deals with court orders and proceedings made or begun

before the commencement, and with related matters.

(3) Despite paragraph (2)(d), sections 1400 and 1401 apply to any

right or liability to which a proceeding to which section 1383 or

1384 applies relates.

(4) Nothing in this Division applies to a liability under section 902,

904, 938, 940, 941, 1234, 1235 or 1351 of the old Corporations

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Law of a State or Territory in this jurisdiction to pay a

contribution, levy or fee.

Note: These liabilities are preserved as taxes by provisions of the following

Acts:

(a) the Corporations (Securities Exchanges Levies) Act 2001;

(b) the Corporations (National Guarantee Fund Levies) Act 2001;

(c) the Corporations (Futures Organisations Levies) Act 2001;

(d) the Corporations (Fees) Act 2001.

(5) Except as mentioned in subsections (1) to (4), nothing in

Division 2, 3, 4 or 5, or in regulations made for the purposes of

Division 7, is intended to limit the generality of the provisions in

this Division.

1398 Provisions of this Division may have an overlapping effect

The provisions of this Division deal at a broad level with concepts

and matters in a way that is intended to achieve the object of this

Part as set out in section 1370. Some of the provisions of this

Division will (depending on the situation) have an effect that

overlaps or interacts to some extent with the effect of other

provisions of this Division. This is intended, and the provisions of

this Division should be not be regarded as dealing with mutually

exclusive situations.

1399 Things done by etc. carried over provisions continue to have

effect

(1) Subject to this section, a thing that:

(a) was done before the commencement by, under, or for the

purposes of, a carried over provision of the old corporations

legislation of a State or Territory in this jurisdiction; and

(b) had an ongoing significance (see subsections (4) and (5))

immediately before the commencement for the purposes of

that legislation;

has effect (and may be dealt with) after the commencement, for the

purposes of the new corporations legislation, as if it were done by,

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Division 6 General transitional provisions relating to other things done etc. under the

old corporations legislation

Section 1399

32 Corporations Act 2001

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under, or for the purposes of, the corresponding provision of the

new corporations legislation.

Note: This section covers all kinds of things done, including things of a

coercive nature or done for coercive purposes.

(2) Examples of things done include:

(a) the making of an instrument or order (but not including the

making of an order by a court); and

(b) the making of an application or claim (but not including the

making of an application or claim to a court); and

(c) the granting of an application or claim (but not including the

granting of an application or claim by a court); and

(d) the making of an appointment or delegation; and

(e) the commencement of a procedure or the taking of a step in a

procedure (but not including the commencement of a

proceeding in a court); and

(f) the establishment of a register or fund; and

(g) requiring a person to do, or not to do, something (but not

including a requirement contained in an order made by a

court); and

(h) the giving of a notice or document.

(3) The examples in subsection (2) are not intended to limit the

generality of the language of subsection (1).

(4) Subject to subsection (5), for the purposes of this section, a thing

done by, under, or for the purposes of, a carried over provision of

the old corporations legislation of a State or Territory had an

ongoing significance immediately before the commencement for

the purposes of that legislation if:

(a) if the thing done was the making of an instrument or order—

the instrument or order was still in force immediately before

the commencement; or

(b) if the thing done was the making of an application or claim—

the application or claim had not been decided, and had not

otherwise ceased to have effect, before the commencement;

or

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Corporations Act 2001 33

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(c) if the thing done was the granting of an application or

claim—the thing granted had not been revoked, and had not

otherwise ceased to have effect, before the commencement;

or

(d) if the thing done was the making of an appointment or

delegation—the appointment or delegation had not been

revoked, and had not otherwise ceased to have effect, before

the commencement; or

(e) if the thing done was the commencement of a procedure or

the taking of a step in a procedure—the procedure was still in

progress immediately before the commencement or was

otherwise still having an effect; or

(f) if the thing done was the establishment of a register or

fund—the register or fund was still in existence immediately

before the commencement; or

(g) if the thing done was requiring a person to do, or not to do

something—the requirement was still in force immediately

before the commencement; or

(h) if the thing done was the giving of a notice or document, or

the doing of some other thing—the notice or document (or

the giving of the notice or document), or the thing (or the

doing of the thing), had an ongoing effect or significance

immediately before the commencement for the purposes of

the old corporations legislation of the State or Territory.

(5) The regulations may provide that a specified thing done under, or

for the purposes of, a carried over provision of the old corporations

legislation of a State or Territory did, or did not, have an ongoing

significance immediately before the commencement for the

purposes of that legislation.

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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 1400

34 Corporations Act 2001

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1400 Creation of equivalent rights and liabilities to those that existed

before the commencement under carried over provisions

of the old corporations legislation

(1) Subject to subsection (4), this section applies in relation to a right

or liability (the pre-commencement right or liability), whether

civil or criminal, that:

(a) was:

(i) acquired, accrued or incurred under a carried over

provision of the old corporations legislation of a State or

Territory in this jurisdiction; and

(ii) in existence immediately before the commencement; or

(b) would have been:

(i) acquired, accrued or incurred under such a provision;

and

(ii) in existence immediately before the commencement;

if every agreement that was valid only because of section 249

of the ASIC Act had been a valid agreement without the

application of that section.

However, this section does not apply to a right or liability under an

order made by a court before the commencement.

(2) On the commencement, the person acquires, accrues or incurs a

right or liability (the substituted right or liability), equivalent to

the pre-commencement right or liability, under the corresponding

provision of the new corporations legislation (as if that provision

applied to the conduct or circumstances that gave rise to the

pre-commencement right or liability).

Note: If a time limit applied in relation to the pre-commencement right or

liability under the old corporations legislation, that same time limit

(calculated from the same starting point) will apply under the new

corporations legislation to the substituted right or liability—see

subsection 1402(3).

(3) A procedure, proceeding or remedy in respect of the substituted

right or liability may be instituted after the commencement under

the new corporations legislation (as if that provision applied to the

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Corporations Act 2001 35

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conduct or circumstances that gave rise to the pre-commencement

right or liability).

Note: For pre-commencement proceedings in respect of substituted rights

and liabilities, see sections 1383 and 1384.

(4) If, immediately before the commencement, a person had an

accrued right to make a claim under a provision of Part 7.10 of the

old Corporations Law of a State that is not a referring State (and so

is not in this jurisdiction), this section applies in relation to that

right in the same way as it would have applied if the State had been

a referring State.

Note: Except to the extent provided in this subsection, this Part does not

create rights and liabilities that are equivalent to those that existed

under the old corporations legislation of a non-referring State.

(5) This section does not apply to a pre-commencement right or

liability that:

(a) existed under a law of the Commonwealth or of a State or

Territory; and

(b) would not have existed if any agreement that is valid only

because of section 249 of the ASIC Act had been a valid

agreement without the application of that section.

(6) Paragraph (1)(b) and subsection (5) have effect in relation to:

(a) proceedings (whether original or appellate) that begin on or

after the day the Treasury Laws Amendment (2017 Measures

No. 3) Act 2017 receives the Royal Assent; and

(b) proceedings that began before that day, if the proceedings

(including any appeals) had not been finally determined as at

that day.

(7) Nothing in paragraph (1)(b) or subsection (5) or (6) limits the

operation of section 249 of the ASIC Act.

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Division 6 General transitional provisions relating to other things done etc. under the

old corporations legislation

Section 1401

36 Corporations Act 2001

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1401 Creation of equivalent rights and liabilities to those that existed

before the commencement under repealed provisions of

the old corporations legislation

(1) This section applies in relation to a right or liability (the

pre-commencement right or liability), whether civil or criminal,

that:

(a) was:

(i) acquired, accrued or incurred under a provision of the

old corporations legislation of a State or Territory in this

jurisdiction that was no longer in force immediately

before the commencement; and

(ii) in existence immediately before the commencement; or

(b) would have been:

(i) acquired, accrued or incurred under such a provision;

and

(ii) in existence immediately before the commencement;

if every agreement that was valid only because of section 249

of the ASIC Act had been a valid agreement without the

application of that section.

However, this section does not apply to a right or liability under an

order made by a court before the commencement.

(2) For the purposes of subsections (3) and (4), the new corporations

legislation is taken to include:

(a) the provision of the old corporations legislation (with such

modifications (if any) as are necessary) under which the

pre-commencement right or liability was acquired, accrued or

incurred; and

(b) the other provisions of the old corporations legislation (with

such modifications (if any) as are necessary) that applied in

relation to the pre-commencement right or liability.

(3) On the commencement, the person acquires, accrues or incurs a

right or liability (the substituted right or liability), equivalent to

the pre-commencement right or liability, under the provision taken

to be included in the new corporations legislation by

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Section 1402

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paragraph (2)(a) (as if that provision applied to the conduct or

circumstances that gave rise to the pre-commencement right or

liability).

Note: If a time limit applied in relation to the pre-commencement right or

liability under the old corporations legislation, that same time limit

(calculated from the same starting point) will apply under the new

corporations legislation to the substituted right or liability—see

subsection 1402(3).

(4) A procedure, proceeding or remedy in respect of the substituted

right or liability may be instituted after the commencement under

the provisions taken to be included in the new corporations

legislation by subsection (2) (as if those provisions applied to the

conduct or circumstances that gave rise to the pre-commencement

right or liability).

Note: For pre-commencement proceedings in respect of substituted rights

and liabilities, see sections 1383 and 1384.

(5) This section does not apply to a pre-commencement right or

liability that:

(a) existed under a law of the Commonwealth or of a State or

Territory; and

(b) would not have existed if any agreement that is valid only

because of section 249 of the ASIC Act had been a valid

agreement without the application of that section.

(6) Paragraph (1)(b) and subsection (5) have effect in relation to:

(a) proceedings (whether original or appellate) that begin on or

after the day the Treasury Laws Amendment (2017 Measures

No. 3) Act 2017 receives the Royal Assent; and

(b) proceedings that began before that day, if the proceedings

(including any appeals) had not been finally determined as at

that day.

(7) Nothing in paragraph (1)(b) or subsection (5) or (6) limits the

operation of section 249 of the ASIC Act.

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Division 6 General transitional provisions relating to other things done etc. under the

old corporations legislation

Section 1402

38 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1402 Old corporations legislation time limits etc.

(1) An old corporations legislation time limit (see subsection (4)):

(a) the starting point of which:

(i) was known or had been determined before the

commencement (whether that starting point occurred or

would occur before, on or after the commencement); or

(ii) would have become known, or have been determined,

after the commencement if the old corporations

legislation of the relevant State or Territory had

continued to apply (whether that starting point would

have occurred before, on or after the commencement);

and

(b) that had not ended at or before the commencement;

continues to run, or starts or started to run, as if that same time

limit (starting from the same starting point) were applicable under

the new corporations legislation.

(2) If:

(a) under the old corporations legislation, a process (for

example, the winding up of a company), a status of a person

or body (for example, a body’s registration as a company or a

person’s status as a registered liquidator), or an instrument,

commenced from a particular time before the

commencement; and

(b) that process, status or instrument is continued after the

commencement for the purposes of the new corporations

legislation by a provision of this Part;

that process, status or instrument as so continued is still taken to

have commenced from the time referred to in paragraph (a).

(3) If an old corporations legislation time limit related to a

pre-commencement right or liability, the same time limit applies in

relation to the substituted right or liability.

(4) In this section:

old corporations legislation time limit includes:

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(a) a period for the doing of a thing specified or determined

under a provision of the old corporations legislation of a

State or Territory; or

(b) a period specified or determined under a provision of the old

corporations legislation of a State or Territory as the duration

of a particular instrument or status.

1403 Preservation of significance etc. of events or circumstances

(1) An event, circumstance or other thing:

(a) that occurred or arose before the commencement under or as

mentioned in a provision of the old corporations legislation

of a State or Territory in this jurisdiction; and

(b) that had a particular significance, status or effect for the

purposes of a carried over provision of that legislation

(including because of an interpretive provision);

has that same significance, status and effect after the

commencement for the purposes of the provision of the new

corporations legislation that corresponds to that carried over

provision.

Note: So, for example:

(a) if a company took action before the commencement that had the result for the purposes of section 200B of the old Corporations Law of making a superannuation fund a prescribed superannuation fund in relation to the company, that action has that same effect for the purposes of section 200B of this Act; and

(b) a delay that could have been taken into account for the purposes of subsection 874(1) of the old Corporations Law also counts for the purposes of subsection 874(1) of this Act.

(2) Without limiting subsection (1), an event, circumstance or other

thing had a particular significance for the purposes of a carried

over provision of the old corporations legislation of a State or

Territory in this jurisdiction if:

(a) the carried over provision created an obligation in respect of

the event, circumstance or thing (whenever it arose); or

(b) the carried over provision provided for the event,

circumstance or thing to be dealt with in a particular way; or

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Section 1404

40 Corporations Act 2001

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(c) the carried over provision stated that the event, circumstance

or thing (whenever it arose) was to be disregarded for the

purposes of that provision or was not covered by that

provision.

1404 References in the new corporations legislation generally

include references to events, circumstances or things that

happened or arose before the commencement

(1) Subject to this section, a reference in the new corporations

legislation to an event, circumstance or thing of a particular kind

that happens or arises, or that has happened or arisen, is taken to

include a reference to an event, circumstance or thing of that kind

that happened or arose at a time before the commencement, unless

a contrary intention is expressed. The fact that the provision uses

only the present tense in referring to an event, circumstance or

thing is not, of itself, to be regarded as an expression of a contrary

intention.

Note: So, for example, if a provision of the new corporations legislation

refers to a person who consents to a course of action, that reference (in

the absence of an express provision to the contrary) will not be limited

to consents given after the commencement and will cover a consent

given before the commencement.

(2) Nothing in subsection (1) is taken to produce a result that a right or

liability exists under a provision of the new corporations legislation

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.

(3) The regulations may provide that subsection (1) does not apply in

relation to a particular reference or class of references in the new

corporations legislation.

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Section 1405

Corporations Act 2001 41

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1405 References in the new corporations legislation to that

legislation or the new ASIC legislation generally include

references to corresponding provisions of the old

corporations legislation or old ASIC legislation

(1) Subject to subsection (4), a reference in the new corporations

legislation to:

(a) an Act, or regulations or another instrument that is part of the

new corporations legislation; or

(b) a provision or group of provisions of such an Act, regulations

or other instrument;

is taken, in relation to events, circumstances or things that

happened or arose at a time before the commencement when the

old corporations legislation was in force, to include (in the absence

of an express provision to the contrary) a reference to the

corresponding part, provision or provisions of the old corporations

legislation of the States and Territories in this jurisdiction.

(2) Subject to subsection (4), a reference in the new corporations

legislation to:

(a) an Act, or regulations or some other instrument that is part of

the new ASIC legislation; or

(b) a provision or group of provisions of such an Act, regulations

or other instrument;

is taken, in relation to events, circumstances or things that

happened or arose at a time before the commencement when the

old corporations legislation was in force, to include (in the absence

of an express provision to the contrary) a reference to the

corresponding part, provision or provisions of the old ASIC

legislation of the Commonwealth, of the States in this jurisdiction

and of the Northern Territory.

(3) In subsection (2):

(a) new ASIC legislation and old ASIC legislation have the

same meanings as they have in Part 16 of the Australian

Securities and Investments Commission Act 2001; and

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42 Corporations Act 2001

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(b) the question whether a provision or part of the old ASIC

legislation corresponds to a provision of part of the new

ASIC legislation is to be determined in the same way as it is

determined for the purposes of Part 16 of the Australian

Securities and Investments Commission Act 2001.

(4) The regulations may provide that subsection (1) or (2) does not

apply in relation to a particular reference or class of references in

the new corporations legislation.

1406 Carrying over references to corresponding previous laws

(1) If a carried over provision of the old corporations legislation of a

State or Territory in this jurisdiction contained a reference

(whether in its own terms or by operation of another provision) to:

(a) a corresponding previous law (as defined for the purposes of

that provision or provisions including that provision); or

(b) a thing done by, under, or for the purposes of, such a law;

the corresponding provision of the new corporations legislation is

taken to contain an equivalent reference to that previous law, or to

such a thing done by, under, or for the purposes of, that previous

law.

(2) The following references in the old corporations legislation of the

States and Territories in this jurisdiction are covered by

subsection (1) in the same way as they would be if they used the

“corresponding previous law” form of words:

(a) the reference in subsection 1274AA(1) to a “previous Law”;

(b) the reference in subparagraph 1274AA(2)(b)(ii) to a

“previous law of this jurisdiction before the commencement

of this Part that corresponds”;

(c) any other references prescribed by the regulations for the

purposes of this subsection.

1407 References to old corporations legislation in instruments

(1) Subject to subsection (2), a reference in, or taken immediately

before the commencement to be in, an instrument, other than:

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(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.

(2) 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”.

1408 Old transitional provisions continue to have their effect

(1) 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

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old corporations legislation

Section 1408

44 Corporations Act 2001

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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.

(2) 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.

(3) 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.

(4) 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).

(5) 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

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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.

(6) 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

Item Provisions

1 subsection 87(1A)

2 subsection 88(1A)

3 sections 109E to 109G and section 109T

4 section 268A

5 section 275

6 section 275A

7 Subsections 319(4), (5) and (6)

8 section 601

9 subsection 774(7)

10 subsection 895(3)

11 subsection 977(4)

12 subsection 990(2)

13 section 993

14 subsection 1228(3)

15 subsections 1274(17) and (18)

16 subsections 1288(1), (2) and (6)

17 paragraph 1311(1A)(f) and subsection 1311(3A)

18 section 1336A

19 Chapter 11, other than section 1416

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Section 1408

46 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Transitional provisions of old Corporations Law

Item Provisions

20 Schedule 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.

(7) 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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Section 1409

Corporations Act 2001 47

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Division 7—Regulations dealing with transitional matters

1409 Regulations may deal with transitional matters

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) In this section:

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Section 1409

48 Corporations Act 2001

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matters of a transitional nature also includes matters of an

application or saving nature.

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Corporations Act 2001 49

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Part 10.2—Transitional provisions relating to the

Financial Services Reform Act 2001

Division 1—Transitional provisions relating to the

phasing-in of the new financial services regime

Subdivision A—Preliminary

1410 Definitions

(1) In this Division, unless the contrary intention appears:

amended Corporations Act means this Act as in force after the

FSR commencement.

associated provisions, in relation to provisions (the core

provisions) of a particular Act as in force at a particular time,

include (but are not limited to):

(a) any regulations or other instruments that are or were in force

for the purposes of any of the core provisions at that time;

and

(b) any interpretation provisions that apply or applied in relation

to any of the core provisions at that time (whether or not they

also apply or applied for other purposes); and

(c) any provisions relating to liability (civil or criminal) that

apply or applied in relation to any of the core provisions at

that time (whether or not they also apply or applied for other

purposes); and

(d) any provisions that limit or limited, or that otherwise affect

or affected, the operation of any of the core provisions at that

time (whether or not they also limit or limited, or affect or

affected, the operation of other provisions).

class, in relation to financial products, has a meaning affected by

regulations made for the purposes of subsection (2).

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Section 1410

50 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

FSR commencement means the commencement of item 1 of

Schedule 1 to the Financial Services Reform Act 2001.

old Corporations Act means this Act as in force immediately

before the FSR commencement.

regulated activities, in relation to a regulated principal, has the

meaning given by section 1430.

regulated principal has the meaning given by section 1430.

relevant old legislation, in relation to a regulated principal, has the

meaning given by section 1430.

transition period:

(a) in relation to a market to which section 1414, 1418, 1420,

1421 or 1422 applies—has the meaning given by

subsection (2) of that section; and

(b) in relation to a market to which section 1417 applies and the

additional products referred to in that section—has the

meaning given by subsection 1417(2); and

(c) in relation to a clearing and settlement facility to which

section 1426 or 1429 applies—has the meaning given by

subsection (2) of that section; and

(d) in relation to a clearing and settlement facility to which

section 1428 applies and the additional products referred to

in that section—has the meaning given by

subsection 1428(2); and

(e) in relation to a regulated principal—has the meaning given

by subsection 1431(1); and

(f) in relation to a financial product to which section 1438

applies—has the meaning given by subsection (3) of that

section.

(1A) Other expressions used in this Part that are defined in Division 2 of

Part 7.1 have the same meanings as they are given by that Division.

This has effect subject to:

(a) any contrary intention in a provision of this Part; or

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(b) regulations made for the purposes of this paragraph.

(2) The regulations may include provisions identifying, or providing

for the identification of, what constitutes a class of financial

products for the purposes of a provision or provisions of this

Division.

(3) If a provision of this Division (the transitional provision) provides

for a provision of this or another Act (the preserved provision), as

in force immediately before the FSR commencement, to continue

to apply to or in relation to a person, thing or matter:

(a) the preserved provision so continues to apply only to the

extent (if any) to which it is expressed in terms that cover the

person, thing or matter; and

(b) the transitional provision is not taken to extend the scope of

the preserved provision (otherwise than by giving it a

continued operation).

Subdivision B—Treatment of existing markets

1411 When is a market being operated immediately before the FSR

commencement?

Subject to section 1412, in this Subdivision, a reference to a market

being operated immediately before the FSR commencement is a

reference to a market that had not permanently ceased to operate

before the FSR commencement, even if trading on the market was

not actually occurring immediately before the FSR commencement

(for example, because of a routine temporary closure of the

market).

1412 Treatment of proposed markets that have not started to

operate by the FSR commencement

(1) This section applies in relation to the following proposed markets,

other than any such market that starts to operate before the FSR

commencement:

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(a) a market proposed to be operated by Bendigo Stock

Exchange Ltd, or by ASX Futures Exchange Pty Limited,

that is identified in writing by the Minister as being a

proposed market to which this section applies;

(b) any other proposed market identified in, or in accordance

with, regulations made for the purposes of this paragraph.

For this purpose, a proposed market is a market that a person has,

before the FSR commencement, indicated an intention that they

propose to operate.

(2) This Subdivision applies in relation to a proposed market to which

this section applies subject to the following paragraphs:

(a) subject to paragraphs (b), (c) and (d), this Subdivision applies

in relation to the proposed market as if the market, as

proposed to be operated, were in fact being operated

immediately before the FSR commencement;

(b) if, taking account of the effect of paragraph (a), section 1413

applies in relation to the proposed market, that section

applies in relation to the proposed market:

(i) as if the Minister’s obligation to grant a licence, and

impose conditions, under subsection 1413(2) in relation

to the market does not arise unless and until the market

operator lodges with ASIC a notice in relation to the

market under subsection (3) of this section, and does not

arise at all if no such notice is given to ASIC by the end

of 6 months after the FSR commencement; and

(ii) as if subsection 1413(3) provided for a licence so

granted under subsection 1413(2) in relation to the

market, and the conditions subject to which it is granted,

to be taken to have had effect from the day (the start

day) specified in the subsection (3) notice as the day on

which the market started to operate; and

(iii) as if subsection 1413(6) were omitted; and

(iv) as if the references in subsection 1413(8) to the FSR

commencement were instead references to the start day;

(c) if:

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(i) taking account of the effect of paragraph (a),

section 1418, 1420, 1421 or 1422 applies to the

proposed market; and

(ii) the market operator does not lodge with ASIC a notice

in relation to the market under subsection (3) of this

section by the end of 6 months after the FSR

commencement;

that section ceases to apply in relation to the proposed market

at the end of that period;

(d) if a provision of this Subdivision provides for a provision of

the old Corporations Act to continue to apply in relation to

the proposed market, then (without limiting the generality of

subsection 1410(3)), while the proposed market remains

non-operational, the provision of the old Corporations Act

only applies in relation to the proposed market to the extent

(if any) to which it would, disregarding the effect of

paragraph (a), apply in relation to the proposed market.

(3) If a proposed market to which this section applies starts to operate

on a day during the period of 6 months starting on the FSR

commencement, the operator must, as soon as practicable, and in

any event within 7 days, lodge with ASIC written notice of the fact

that the market started to operate on that day.

Note: Failure to comply with this subsection is an offence (see

subsection 1311(1)).

(4) ASIC must, within a reasonable time, give the Minister a notice it

receives under subsection (3).

1413 Obligation of Minister to grant licences covering main existing

markets

(1) This section applies to each market being operated immediately

before the FSR commencement in relation to which any of the

following paragraphs applies:

(a) the market was a stock market operated by the Australian

Stock Exchange Limited;

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(b) the market was a stock market operated by a body corporate

covered by an approval in force under subsection 769(2) of

the old Corporations Act;

(c) the market was a futures market operated by a body corporate

covered by an approval in force under subsection 1126(2) of

the old Corporations Act.

(2) Subject to subsections (3) and (4), the Minister must, in relation to

each market to which this section applies, grant the operator of the

market a licence, and impose conditions on that licence, in

accordance with the following requirements:

(a) the licence must be described as an Australian market

licence;

(b) the licence must be granted subject to the following

conditions:

(i) a condition specifying the market as the market that the

licence authorises the licensee to operate;

(ii) a condition specifying, as the classes of financial

products that can be dealt with on the market, the

classes that are appropriate for the market under

subsection (5);

(iii) if the Minister considers that the licensee should have

clearing and settlement arrangements for transactions

effected through the market—a condition specifying the

type of clearing and settlement arrangements that are

adequate.

(3) Subject to subsection (6), a licence that subsection (2) requires to

be granted must be granted on, or as soon as practicable after, the

FSR commencement. If it is granted after the FSR commencement,

it, and the conditions subject to which it is granted, are taken to

have had effect from that commencement.

(4) Sections 795D (more than one licence in the same document) and

795E (more than one market covered by the same licence) of the

amended Corporations Act apply in relation to the granting of

licences, and licences granted, under this section as if the licences

were, or were being, granted under section 795B of that Act. If,

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pursuant to section 795E, a single licence is granted under this

section in respect of several separate markets, paragraph (2)(b) of

this section must be complied with separately in the licence

document in relation to each of those markets.

(5) For the purposes of subparagraph (2)(b)(ii), the classes of financial

products that are appropriate for a market to which this section

applies are as follows:

(a) for a market described in paragraph (1)(a) or (b)—securities,

within the meaning of section 92 of the old Corporations Act

as applying for the purposes of Part 7.2 of the old

Corporations Act, and agreements of a kind to which

section 92A of the old Corporations Act applied immediately

before the FSR commencement (or would have applied after

the FSR commencement if that section, and any associated

provisions, had continued to have effect);

(b) for a market described in paragraph (1)(c)—futures contracts,

within the meaning of section 72 of the old Corporations Act,

and agreements of a kind to which section 72A of the old

Corporations Act applied immediately before the FSR

commencement (or would have applied after the FSR

commencement if that section, and any associated provisions,

had continued to have effect).

(6) Despite anything in subsection (3), the Minister may, under this

section, grant a licence, and impose conditions on the licence, at

any time during the period starting on the commencement of this

section and ending on the FSR commencement on the basis that

matters known to the Minister in relation to the market concerned

will continue to be the case up to the FSR commencement. If the

Minister does so:

(a) the licence and conditions come into effect on the FSR

commencement, and not before; and

(b) the Minister may vary or revoke the licence, or any of the

conditions, before the FSR commencement if the Minister

considers it appropriate to do so having regard to the

provisions of this section concerning the granting of licences

and the imposition of conditions; and

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56 Corporations Act 2001

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(c) the licence and conditions do not come into effect on the FSR

commencement if, immediately before the FSR

commencement, the market is not a market to which this

section applies.

(7) If the Minister grants a licence under this section, the Minister

must give the operator of the market written notice of:

(a) the grant of the licence, and the conditions imposed on the

licence; and

(b) any subsequent revocation or variation under subsection (6)

of the licence or conditions.

(8) A notice advising of the grant of a licence under this section must

contain a statement to the effect that the licence and conditions will

not take effect until the FSR commencement, or will be taken to

have had effect from the FSR commencement, as the case requires.

1414 Section 1413 markets—effect of licences and conditions

(1) Subject to subsections (2) to (4):

(a) a licence granted under section 1413 that authorises the

operation of a market is, for the purposes of the amended

Corporations Act (other than this section), taken to have been

granted (and to have been properly granted) under

section 795B of the amended Corporations Act; and

(b) conditions imposed under section 1413 on the licence are, for

the purposes of the amended Corporations Act (other than

this section), taken to have been imposed (and to have been

properly imposed) under section 796A of the amended

Corporations Act.

Note 1: Section 795C of the amended Corporations Act (publication of notice

of licence grant) applies to the grant of the licence.

Note 2: The conditions may be varied or revoked, and additional conditions

may be imposed, under section 796A of the amended Corporations

Act.

(2) Subject to subsection (4), the relevant new legislation (see

subsection (6)) does not apply in relation to the market during the

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period (the transition period) starting on the FSR commencement

and ending on whichever of the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) conditions on the licence are varied or revoked, or additional

conditions are imposed on the licence, pursuant to an

application by the licensee under subsection 796A(2) of the

amended Corporations Act;

(c) the licensee has lodged with ASIC notice in writing that it

wants to take advantage of the compensation arrangements

under Division 3 of Part 7.5 of the amended Corporations

Act:

(i) from a specified date, being a date that is after the notice

is given to ASIC and that is after compensation

arrangements for the market have been approved under

Division 3 of Part 7.5 of the amended Corporations Act

(see also subsection (4)); or

(ii) from the end of a specified period, being a period that is

described as starting when compensation arrangements

for the market are approved under Division 3 of Part 7.5

of the amended Corporations Act (see also

subsection (4)) and that ends after the notice is given to

ASIC;

and that date arrives or period ends.

(3) A notice (the original notice) given for the purposes of

paragraph (2)(c) may, before the date, or the end of the period,

specified in the original notice as mentioned in that paragraph:

(a) be varied to specify another date or period, being a date or

period that would satisfy the requirements of

subparagraph (2)(c)(i) or (ii) if the reference in that

subparagraph to when the notice (being the original notice) is

given to ASIC were instead a reference to when the notice of

variation is given to ASIC under this subsection; or

(b) be revoked.

The variation or revocation must be made by notice in writing

lodged with ASIC.

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Section 1415

58 Corporations Act 2001

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(4) If the relevant new legislation in relation to a market includes

Part 7.5 of the amended Corporations Act, then, despite

subsection (2), Division 3 of that Part applies to the market during

the transition period to the extent necessary for the operator to

apply to have compensation arrangements for the market approved

before the end of the transition period, and for that application to

be determined. However, any approval of the arrangements under

that Division does not take effect until immediately after the end of

the transition period.

(5) The annual report of the licensee (see section 792F of the amended

Corporations Act) for a financial year in which part of the

transition period occurs, other than a financial year in which the

transition period ends, must include information about:

(a) the steps taken in the year; and

(b) the steps proposed to be taken in the next year;

to ensure that the relevant new legislation will be complied with by

the time the transition period ends.

(6) In this section:

relevant new legislation, in relation to a market, means:

(a) section 793A of the amended Corporations Act; and

(b) unless the market is a market to which Division 4 of Part 7.5

of the amended Corporations Act applies—Part 7.5 of the

amended Corporations Act.

1415 Section 1413 markets—preservation of old Corporations Act

provisions during transition period

Preservation of compensation regimes

(1) If, during the transition period in relation to a market the operation

of which is authorised by a licence granted under section 1413,

Part 7.5 of the amended Corporations Act does not apply in

relation to the market (except as provided in subsection 1414(4))

because of subsection 1414(2), Part 7.9, or Part 8.6, as the case

requires, of the old Corporations Act, and any associated

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Corporations Act 2001 59

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provisions, continue to apply in relation to the market during the

transition period.

Preservation of certain ongoing requirements

(2) During the transition period in relation to a market:

(a) the operation of which is authorised by a licence granted

under section 1413; and

(b) that, immediately before the FSR commencement, was a

securities exchange to which section 769A of the old

Corporations Act applied;

the following provisions continue to apply in relation to the

market:

(c) paragraphs 769A(1)(c) and (e) of the old Corporations Act,

and any associated provisions;

(d) section 769B of the old Corporations Act (but only as

applying in relation to paragraphs 769A(1)(c) and (e) of the

old Corporations Act), and any associated provisions.

1416 Section 1413 markets—powers for regulations to change how

the old and new Corporations Act apply during the

transition period

(1) The regulations may do all or any of the following in relation to a

market the operation of which is authorised by a licence granted

under section 1413:

(a) provide that some or all of the provisions (the relevant old

legislation) that would otherwise continue to apply in

relation to the market because of section 1415 do not apply in

relation to the market;

(b) provide that some or all of the relevant old legislation applies

in relation to the market with specified modifications during

some or all of the transition period for the market;

(c) provide that some or all of the relevant new legislation

(within the meaning of section 1414) in relation to the market

applies in relation to the market during some or all of the

transition period for the market;

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(d) provide that specified provisions of the amended

Corporations Act (including relevant new legislation), and

any associated provisions, apply in relation to the market

during some or all of the transition period for the market with

specified modifications.

(2) Regulations made for the purposes of subsection (1) have effect

despite anything in sections 1414 and 1415.

(3) Subsection (1) gives a full power to disapply, apply and modify

provisions as mentioned in that subsection, including for reasons

that do not have an express or implied connection with the

transition to the relevant new legislation.

Note: So (for example), a change to the day-to-day operation of the relevant

old legislation as continuing to apply may be achieved by a

modification under paragraph (1)(b) (whether that change is to an

existing rule, or is the addition of a new rule).

1417 Section 1413 markets—additional provisions relating to

previously unregulated services

(1) This section applies to a financial market in relation to which the

following paragraphs are satisfied:

(a) a licence is granted under section 1413 to the operator of the

market; and

(b) the conditions on the licence specify, as the classes of

financial products that can be dealt with on the market, the

classes of financial products specified in whichever of

paragraphs 1413(5)(a) and (b) is applicable; and

(c) immediately before the commencement, other financial

products (the additional products) were also dealt with on

the market, and the fact that the market dealt with those

products did not constitute a contravention of a provision of

the old Corporations Act.

(2) Subject to subsection (3), section 791A of the amended

Corporations Act does not apply in relation to the market in so far

as all or any of the additional products are dealt with on the market

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Corporations Act 2001 61

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during the period (the transition period) starting on the FSR

commencement and ending on whichever of the following first

occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the licensee applies, under subsection 796A(2) of the

amended Corporations Act, to have the conditions on the

licence varied or revoked, or to have additional conditions

imposed on the licence.

(3) The regulations may, in relation to a market to which this section

applies and the additional products, provide that specified

provisions (including section 791A) of the amended Corporations

Act, and any associated provisions, apply in relation to a market to

which this section applies and the additional products during some

or all of the transition period for the market and the products with

specified modifications.

1418 Treatment of exempt stock markets and exempt futures

markets (other than markets with no identifiable single

operator)

(1) This section applies to the following markets:

(a) stock markets being operated immediately before the FSR

commencement that were, at that time, covered by a

declaration (the declaration of exemption) in force

immediately before the FSR commencement under

subsection 771(1) of the old Corporations Act;

(b) futures markets being operated immediately before the FSR

commencement that were, at that time, covered by a

declaration (the declaration of exemption) in force

immediately before the FSR commencement under

subsection 1127(1) of the old Corporations Act.

However it does not apply to any market to which section 1419

applies.

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(2) Subject to subsection (5), section 791A of the amended

Corporations Act does not apply in relation to a stock market or

futures market to which this section applies during the period (the

transition period) starting on the FSR commencement and ending

on whichever of the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the operator of the market is granted a licence under

section 795B of the amended Corporations Act covering the

operation of the market;

(c) the Minister makes an exemption under section 791C of the

amended Corporations Act covering the market;

(d) the declaration of exemption is revoked.

(3) Subject to subsections (4) and (5), Part 7.2 (in the case of a stock

market), or Part 8.2 (in the case of a futures market), and any

associated provisions, (the relevant old legislation) of the old

Corporations Act continue to apply in relation to a stock market or

futures market to which this section applies during the transition

period for the market.

(4) The declaration of exemption (including any conditions specified

in the declaration) for a stock market or futures market to which

this section applies cannot be varied during the transition period for

the market so as to cover the market providing services that were

not covered by the declaration as in force immediately before the

FSR commencement. However, it may be varied in other ways, or

revoked, by the Minister in writing.

(5) The regulations may do all or any of the following:

(a) provide that some or all of the relevant old legislation does

not apply in relation to a stock market or futures market to

which this section applies during some or all of the transition

period for the market;

(b) provide that some or all of the relevant old legislation applies

in relation to a stock market or futures market to which this

section applies with specified modifications during some or

all of the transition period for the market;

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(c) provide that specified provisions of the amended

Corporations Act (including section 791A), and any

associated provisions, apply in relation to a stock market or

futures market to which this section applies during some or

all of the transition period for the market with specified

modifications.

1419 Treatment of exempt stock markets and exempt futures

markets that do not have a single identifiable operator

(1) This section applies to the following markets:

(a) stock markets being operated immediately before the FSR

commencement:

(i) that were, at that time, covered by a declaration (the

declaration of exemption) in force immediately before

the FSR commencement under subsection 771(1) of the

old Corporations Act; but

(ii) that did not have a single person who could be identified

as the operator of the market;

(b) futures markets being operated immediately before the FSR

commencement:

(i) that were, at that time, covered by a declaration (the

declaration of exemption) in force immediately before

the FSR commencement under subsection 1127(1) of

the old Corporations Act; but

(ii) that did not have a single person who could be identified

as the operator of the market.

(2) In this section:

exempted participant, in relation to a market to which this section

applies, means a person:

(a) who is covered by the declaration of exemption (otherwise

than in their capacity as a representative of another person

who is covered by the declaration); and

(b) whose activities connected with the market after the FSR

commencement are activities that, but for this section, would

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64 Corporations Act 2001

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be required by section 911A of the amended Corporations

Act to be covered by an Australian financial services licence.

(3) Subject to subsections (4) and (5), Part 7.2 (in the case of a stock

market), or Part 8.2 (in the case of a futures market), and any

associated provisions, (the relevant old legislation) of the old

Corporations Act continue to apply in relation to an exempted

participant and a stock market or futures market to which this

section applies during any period during which section 1431

provides that the relevant new legislation (within the meaning of

subsection 1431(1)) does not apply in relation to the exempted

participant’s activities connected with the market.

(4) The declaration of exemption (including any conditions specified

in the declaration) for a stock market or futures market to which

this section applies cannot:

(a) be varied during the transition period for an exempted

participant and the market so as to cover the market

providing services that were not covered by the declaration as

in force immediately before the FSR commencement; or

(b) be varied after the FSR commencement so as to cover a

person or persons it did not cover immediately before the

commencement.

However, it may be varied in other ways, or revoked, by the

Minister in writing.

(5) The regulations may do either or both of the following:

(a) provide that some or all of the relevant old legislation does

not apply in relation to an exempted participant and a market

to which this section applies during some or all of the

transition period for the exempted participant and the market;

(b) provide that some or all of the relevant old legislation applies

in relation to an exempted participant and a market to which

this section applies with specified modifications during some

or all of the transition period for the exempted participant and

the market.

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1420 Treatment of stock markets of approved securities

organisations

(1) This section applies to each stock market being operated

immediately before the FSR commencement by a body corporate

covered by an approval (the instrument of approval) in force

immediately before the FSR commencement under

subsection 770(2) of the old Corporations Act, other than a stock

market to which section 1413 applies.

(2) Subject to subsections (3) and (5), section 791A of the amended

Corporations Act does not apply in relation to a stock market to

which this section applies during the period (the transition period)

starting on the FSR commencement and ending on whichever of

the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the operator of the market is granted a licence under

section 795B of the amended Corporations Act covering the

operation of the market;

(c) the Minister makes an exemption under section 791C of the

amended Corporations Act covering the market;

(d) the instrument of approval is revoked.

(3) Subject to subsections (4) and (5), Parts 7.2 and 7.9, and any

associated provisions, (the relevant old legislation) of the old

Corporations Act continue to apply in relation to a stock market to

which this section applies during the transition period for the

market.

(4) The instrument of approval (including any conditions specified in

the instrument) for a stock market to which this section applies

cannot be varied during the transition period for the market so as to

cover the market providing services that were not covered by the

instrument as in force immediately before the FSR

commencement. However it may be varied in other ways, or

revoked, by the Minister in writing.

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66 Corporations Act 2001

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(5) The regulations may do all or any of the following:

(a) provide that some or all of the relevant old legislation does

not apply in relation to a stock market to which this section

applies during some or all of the transition period for the

market;

(b) provide that some or all of the relevant old legislation applies

in relation to a stock market to which this section applies

with specified modifications during some or all of the

transition period for the market;

(c) provide that specified provisions of the amended

Corporations Act (including section 791A), and any

associated provisions, apply in relation to a stock market to

which this section applies during some or all of the transition

period for the market with specified modifications.

1421 Treatment of special stock markets for unquoted interests in a

registered scheme

(1) This section applies to each stock market being operated before the

FSR commencement by a body corporate covered by an approval

(the instrument of approval) in force immediately before the FSR

commencement under subsection 770A(2) of the old Corporations

Act.

(2) Subject to subsection (5), section 791A of the amended

Corporations Act does not apply in relation to a stock market to

which this section applies during the period (the transition period)

starting on the FSR commencement and ending on whichever of

the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the operator of the market is granted a licence under

section 795B of the amended Corporations Act covering the

operation of the market;

(c) the Minister makes an exemption under section 791C of the

amended Corporations Act covering the market;

(d) the instrument of approval is revoked.

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(3) Subject to subsections (4) and (5), Part 7.2, and any associated

provisions, (the relevant old legislation) of the old Corporations

Act continue to apply in relation to a stock market to which this

section applies during the transition period for the market.

(4) The instrument of approval (including any conditions specified in

the instrument) for a stock market to which this section applies

cannot be varied during the transition period for the market so as to

cover the market providing services that were not covered by the

instrument as in force immediately before the FSR

commencement. However it may be varied in other ways, or

revoked, by the Minister in writing.

(5) The regulations may do all or any of the following:

(a) provide that some or all of the relevant old legislation does

not apply in relation to a stock market to which this section

applies during some or all of the transition period for the

market;

(b) provide that some or all of the relevant old legislation applies

in relation to a stock market to which this section applies

during some or all of the transition period for the market with

specified modifications;

(c) provide that specified provisions (including section 791A) of

the amended Corporations Act, and any associated

provisions, apply in relation to a stock market to which this

section applies during some or all of the transition period for

the market with specified modifications.

1422 Treatment of other markets that were not unauthorised

(1) This section applies to each market in relation to which the

following paragraphs are satisfied:

(a) the market is a financial market within the meaning of the

amended Corporations Act;

(b) the market was being operated immediately before the FSR

commencement;

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(c) the market is not a market to which section 1413, 1418, 1419,

1420 or 1421 applies;

(d) the market was not an unauthorised stock market or an

unauthorised futures market (as defined in section 9 of the

old Corporations Act) immediately before the FSR

commencement.

(2) Subject to subsection (3), section 791A of the amended

Corporations Act does not apply in relation to a market to which

this section applies during the period (the transition period)

starting on the FSR commencement and ending on whichever of

the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the operator of the market is granted a licence under

section 795B of the amended Corporations Act covering the

operation of the market;

(c) the Minister makes an exemption under section 791C of the

amended Corporations Act covering the market;

(d) the market starts to provide services in respect of a class or

classes of financial products in respect of which it did not

provide services immediately before the commencement.

(3) The regulations may, in relation to a market to which this section

applies, provide that specified provisions (including section 791A)

of the amended Corporations Act, and any associated provisions,

apply in relation to the market during some or all of the transition

period for the market with specified modifications.

Subdivision C—Treatment of existing clearing and settlement

facilities

1423 When is a clearing and settlement facility being operated

immediately before the FSR commencement?

Subject to section 1424, in this Subdivision, a reference to a

clearing and settlement facility being operated immediately before

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the FSR commencement is a reference to a clearing and settlement

facility that had not permanently ceased to operate before the FSR

commencement, even if the clearing and settlement of transactions

by means of the facility was not actually occurring immediately

before the FSR commencement (for example, because of a routine

temporary closure of the facility).

1424 Treatment of proposed clearing and settlement facilities that

have not started to operate by the FSR commencement

(1) This section applies in relation to any proposed clearing and

settlement facilities identified in, or in accordance with, regulations

made for the purposes of this subsection. For this purpose, a

proposed clearing and settlement facility is a clearing and

settlement facility that a person has, before the FSR

commencement, indicated an intention that they propose to

operate.

(2) This Subdivision applies in relation to a proposed clearing and

settlement facility to which this section applies subject to the

following paragraphs:

(a) subject to paragraphs (b), (c) and (d), this Subdivision applies

in relation to the proposed facility as if the facility, as

proposed to be operated, were in fact being operated

immediately before the FSR commencement;

(b) if, taking account of the effect of paragraph (a), section 1425

applies in relation to the proposed facility, that section

applies in relation to the proposed facility:

(i) as if the Minister’s obligation to grant a licence, and

impose conditions, under subsection 1425(2) in relation

to the proposed facility does not arise unless and until

the facility operator lodges with ASIC a notice in

relation to the facility under subsection (3) of this

section, and does not arise at all if no such notice is

given to ASIC by the end of 6 months after the FSR

commencement; and

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(ii) as if subsection 1425(3) provided for a licence so

granted under subsection 1425(2) in relation to the

facility, and the conditions subject to which it is

granted, to be taken to have had effect from the day (the

start day) specified in the subsection (3) notice as the

day on which the facility started to operate; and

(iii) as if subsection 1425(6) were omitted; and

(iv) as if the references in subsection 1425(8) to the FSR

commencement were instead references to the start day;

(c) if:

(i) taking account of the effect of paragraph (a),

section 1429 applies to the proposed facility; and

(ii) the facility operator does not lodge with ASIC a notice

in relation to the facility under subsection (3) of this

section by the end of 6 months after the FSR

commencement;

that section ceases to apply in relation to the proposed facility

at the end of that period;

(d) if a provision of this Subdivision provides for a provision of

the old Corporations Act to continue to apply in relation to

the proposed facility, then (without limiting the generality of

subsection 1410(3)), while the proposed facility remains

non-operational, the provision of the old Corporations Act

only applies in relation to the proposed facility to the extent

(if any) to which it would, disregarding the effect of

paragraph (a), apply in relation to the proposed facility.

(3) If a proposed clearing and settlement facility to which this section

applies starts to operate on a day during the period of 6 months

starting on the FSR commencement, the operator must, as soon as

practicable, and in any event within 7 days, lodge with ASIC

written notice of the fact that the facility started to operate on that

day.

Note: Failure to comply with this subsection is an offence (see

subsection 1311(1)).

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Section 1424A

Corporations Act 2001 71

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(4) ASIC must, within a reasonable time, give the Minister a notice it

receives under subsection (3).

1424A Treatment of unregulated clearing and settlement facilities

operated by holders of old Corporations Act approvals

(1) This section applies in relation to a clearing and settlement facility

if:

(a) the facility was being operated immediately before the FSR

commencement by a body corporate in relation to which an

approval under section 1131 of the old Corporations Act was

in force at that time; but

(b) the services provided by the facility as so operated were not

such that section 1128 of the old Corporations Act required

the operator to be so approved.

(2) In this section:

(a) a reference to the unregulated services is a reference to the

services referred to in paragraph (1)(b); and

(b) a reference to regulated services is a reference to services

that, if they had been provided by the facility immediately

before the commencement, would have been services to

which section 1128 of the old Corporations Act applied.

(3) For the purposes of section 1425 (as it operates of its own force,

rather than because of section 1424), the facility is not to be

regarded as a facility that was being operated immediately before

the FSR commencement.

(4) If the operator has, before the FSR commencement, indicated an

intention that they propose to extend the services provided by the

facility so that they also cover regulated services:

(a) regulations made for the purposes of subsection 1424(1) may

identify the facility as a proposed clearing and settlement

facility, but only in relation to those regulated services; and

(b) if they do so, section 1424, and section 1425 as it applies

because of section 1424, apply in relation to the facility and

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Section 1425

72 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

those regulated services as if the facility did not already

provide the unregulated services.

1425 Obligation of Minister to grant licences covering main existing

facilities

(1) This section applies to each clearing and settlement facility being

operated immediately before the FSR commencement in relation to

which either of the following paragraphs applies:

(a) the facility was being operated by the body corporate that

was, for the purposes of the old Corporations Act, the

securities clearing house;

(b) the facility was being operated by a body corporate in

relation to which an approval (the section 1131 approval)

under section 1131 of the old Corporations Act was in force

at that time.

(2) Subject to subsections (3) and (4), the Minister must, in relation to

each clearing and settlement facility to which this section applies,

grant the operator of the facility a licence, and impose conditions

on that licence, in accordance with the following requirements:

(a) the licence must be described as an Australian CS facility

licence;

(b) the licence must be granted subject to the following

conditions:

(i) a condition specifying the facility as the facility that the

licence authorises the licensee to operate;

(ii) a condition specifying, as the classes of financial

products in respect of which the facility can provide

services, the classes that are appropriate for the facility

under subsection (5);

(iii) in the case of a facility to which paragraph (1)(b)

applies—a condition to the effect that the licence only

covers the facility providing services for the market or

markets that were covered by the section 1131 approval.

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Corporations Act 2001 73

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(3) Subject to subsection (6), a licence that subsection (2) requires to

be granted must be granted on, or as soon as practicable after, the

FSR commencement. If it is granted after the FSR commencement,

it, and the conditions subject to which it is granted, are taken to

have had effect from that commencement.

(4) Sections 824D (more than one licence in the same document) and

824E (more than one CS facility covered by the same licence) of

the amended Corporations Act apply in relation to the granting of

licences, and licences granted, under this section as if the licences

were, or were being, granted under section 824B of that Act. If,

pursuant to section 824E, a single licence is granted under this

section in respect of several separate facilities, paragraph (2)(b) of

this section must be complied with separately in the licence

document in relation to each of those facilities.

(5) For the purposes of subparagraph (2)(b)(ii), the classes of financial

products that are appropriate for a facility to which this section

applies are as follows:

(a) for a facility described in paragraph (1)(a)—securities, within

the meaning of section 92 of the old Corporations Act as

applying for the purposes of Part 7.2 of the old Corporations

Act, and agreements of a kind to which section 92A of the

old Corporations Act applied immediately before the FSR

commencement (or would have applied after the FSR

commencement if that section, and any associated provisions,

had continued to have effect);

(b) for a facility described in paragraph (1)(b)—futures

contracts, within the meaning of section 72 of the old

Corporations Act, and agreements of a kind to which

section 72A of the old Corporations Act applied immediately

before the FSR commencement (or would have applied after

the FSR commencement if that section, and any associated

provisions, had continued to have effect).

(6) Despite anything in subsection (3), the Minister may, under this

section, grant a licence, and impose conditions on the licence, at

any time during the period starting on the commencement of this

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Section 1426

74 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

section and ending on the FSR commencement on the basis that

matters known to the Minister in relation to the clearing and

settlement facility concerned will continue to be the case up to the

FSR commencement. If the Minister does so:

(a) the licence and conditions come into effect on the FSR

commencement, and not before; and

(b) the Minister may vary or revoke the licence, or any of the

conditions, before the FSR commencement if the Minister

considers it appropriate to do so having regard to the

provisions of this section concerning the granting of licences

and the imposition of conditions; and

(c) the licence and conditions do not come into effect on the FSR

commencement if, immediately before the FSR

commencement, the facility is not a clearing and settlement

facility to which this section applies.

(7) If the Minister grants a licence under this section, the Minister

must give the operator of the clearing and settlement facility

written notice of:

(a) the grant of the licence, and the conditions imposed on the

licence; and

(b) any subsequent revocation or variation under subsection (6)

of the licence or conditions.

(8) A notice advising of the grant of a licence under this section must

contain a statement to the effect that the licence and conditions will

not take effect until the FSR commencement, or will be taken to

have had effect from the FSR commencement, as the case requires.

1426 Section 1425 facilities—effect of licences and conditions

(1) Subject to subsections (2) to (4):

(a) a licence granted under section 1425 that authorises the

operation of a facility is, for the purposes of the amended

Corporations Act (other than this section), taken to have been

granted (and to have been properly granted) under

section 824B of the amended Corporations Act; and

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Corporations Act 2001 75

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(b) conditions imposed under section 1425 on the licence are, for

the purposes of the amended Corporations Act (other than

this section), taken to have been imposed (and to have been

properly imposed) under section 825A of the amended

Corporations Act.

Note 1: Section 824C of the amended Corporations Act (publication of notice

of licence grant) applies to the grant of the licence.

Note 2: The conditions may be varied or revoked, and additional conditions

may be imposed, under section 825A of the amended Corporations

Act.

(2) Section 822A of the amended Corporations Act does not apply in

relation to the facility during the period (the transition period)

starting on the FSR commencement and ending on whichever of

the following first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) conditions on the licence are varied or revoked, or additional

conditions are imposed on the licence, pursuant to an

application by the licensee under subsection 825A(2) of the

amended Corporations Act.

(3) The annual report of the licensee (see section 821E of the amended

Corporations Act) for a financial year in which part of the

transition period occurs, other than a financial year in which the

transition period ends, must include information about:

(a) the steps taken in the year; and

(b) the steps proposed to be taken in the next year;

to ensure that section 822A of the amended Corporations Act will

be complied with by the time the transition period ends.

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Section 1427

76 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1427 Section 1425 facilities—powers for regulations to change how

the old and new Corporations Act apply during the

transition period

(1) The regulations may do either or both of the following in relation

to a clearing and settlement facility the operation of which is

authorised by a licence granted under section 1425:

(a) provide that section 822A of the amended Corporations Act,

and any associated provisions, apply in relation to the facility

during some or all the transition period for the facility;

(b) provide that specified provisions of the amended

Corporations Act (including section 822A), and any

associated provisions, apply in relation to the facility during

some or all of the transition period for the facility with

specified modifications.

(2) Regulations made for the purposes of subsection (1) have effect

despite anything in section 1426.

1428 Section 1425 facilities—additional provisions relating to

previously unregulated services

(1) This section applies to a clearing and settlement facility in relation

to which the following paragraphs are satisfied:

(a) a licence is granted under section 1425 to the operator of the

facility; and

(b) the conditions on the licence specify, as the classes of

financial products in respect of which the facility can provide

services, the classes of financial products specified in

whichever of paragraphs 1425(5)(a) and (b) is applicable;

and

(c) the facility also, immediately before the commencement,

provided services in respect of one or more other classes of

financial products (the additional products) and the fact that

it did so did not constitute a contravention of a provision of

the old Corporations Act.

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Section 1429

Corporations Act 2001 77

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(2) Subject to subsection (3), section 820A of the amended

Corporations Act does not apply in relation to the facility in so far

as it provides services in respect of all or any of the additional

products during the period (the transition period) starting on the

FSR commencement and ending on whichever of the following

first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) conditions on the licence are varied or revoked, or additional

conditions are imposed on the licence, pursuant to an

application by the licensee under subsection 825A(2) of the

amended Corporations Act.

(3) The regulations may provide that specified provisions of the

amended Corporations Act (including section 820A), and any

associated provisions, apply in relation to a clearing and settlement

facility to which this section applies, and its provision of services

in respect of all or any of the additional products, during some or

all of the transition period for the facility and the products with

specified modifications.

1429 Treatment of other clearing and settlement facilities

(1) This section applies to each clearing and settlement facility being

operated immediately before the FSR commencement in relation to

which both of the following paragraphs are satisfied:

(a) the clearing and settlement facility is not a facility to which

section 1425 applies;

(b) section 1128 of the old Corporations Act did not,

immediately before the FSR commencement, require the

operator of the facility to be a person approved under

section 1131.

(2) Subject to subsection (3), section 820A of the amended

Corporations Act does not apply in relation to the facility during

the period (the transition period) starting on the FSR

commencement and ending on whichever of the following first

occurs:

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Section 1430

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(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the operator of the facility is granted a licence under

section 824B of the amended Corporations Act covering the

facility;

(c) the Minister makes an exemption under section 820C of the

amended Corporations Act covering the facility;

(d) the facility starts to provide services in respect of a class or

classes of financial products in respect of which it did not

provide services immediately before the FSR

commencement.

(3) The regulations may provide that specified provisions of the

amended Corporations Act (including section 820A), and any

associated provisions, apply in relation to a clearing and settlement

facility to which this section applies during some or all of the

transition period for the facility with specified modifications.

Subdivision D—Treatment of people who carry on financial

services businesses and their representatives

1430 Meaning of regulated principal, regulated activities and relevant

old legislation

(1) For the purposes of this Subdivision, a person is a regulated

principal if, immediately before the FSR commencement, the

person is a person described in column 2 of one of the items in the

following table. The regulated activities of that person are as

specified in column 3 of that item, and the relevant old legislation

are as specified in column 4 of that item.

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Regulated principals and regulated activities

Item These persons are

regulated principals

These are the

regulated principal’s

regulated activities

This is the relevant old

legislation (if any)

1 A holder of a dealers

licence within the

meaning of the old

Corporations Act.

The activities that the

licence (as in force

immediately before the

FSR commencement)

authorised the person

to carry on.

Parts 7.3, 7.4 (other than

Division 2), 7.5, 7.6 and

7.7 of the old Corporations

Act, and any associated

provisions.

2 A holder of an

investment advisers

licence within the

meaning of the old

Corporations Act.

The activities that the

licence (as in force

immediately before the

FSR commencement)

authorised the person

to carry on.

Parts 7.3, 7.4 (other than

Division 2) and 7.7 of the

old Corporations Act, and

any associated provisions.

3 A holder of a futures

brokers licence within

the meaning of the old

Corporations Act.

The activities that the

licence (as in force

immediately before the

FSR commencement)

authorised the person

to carry on.

Parts 8.3, 8.4 (other than

section 1210) and 8.5 of

the old Corporations Act,

and any associated

provisions.

4 A holder of a futures

advisers licence within

the meaning of the old

Corporations Act.

The activities that the

licence (as in force

immediately before the

FSR commencement)

authorised the person

to carry on.

Parts 8.3 and 8.4 (other

than section 1210) of the

old Corporations Act, and

any associated provisions.

5 A registered insurance

broker within the

meaning of the

Insurance (Agents and

Brokers) Act 1984 as in

force immediately

before the FSR

commencement.

The person’s business

as an insurance broker

within the meaning of

the Insurance (Agents

and Brokers) Act 1984

as in force immediately

before the FSR

commencement.

All the provisions of the

Insurance (Agents and

Brokers) Act 1984 as in

force immediately before

the FSR commencement,

and any associated

provisions.

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Section 1430

80 Corporations Act 2001

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Regulated principals and regulated activities

Item These persons are

regulated principals

These are the

regulated principal’s

regulated activities

This is the relevant old

legislation (if any)

6 A body regulated by

APRA carrying on

activities that, if carried

on after the FSR

commencement, would

(apart from this

Subdivision) be

required by the

amended Corporations

Act to be covered by an

Australian financial

services licence.

The class of activities

carried on by the

person immediately

before the FSR

commencement that, if

carried on after the

FSR commencement,

would (apart from this

Subdivision) be

required by the

amended Corporations

Act to be covered by an

Australian financial

services licence.

For a body regulated by

APRA that was an insurer

within the meaning of the

Insurance (Agents and

Brokers) Act 1984 as in

force immediately before

the FSR commencement—

all the provisions of that

Act as then in force, and

any associated provisions.

In any other case—subject

to any regulations made

for the purposes of this

item, there is no relevant

old legislation.

7 A person who is a

registered foreign

insurance agent of an

unauthorised foreign

insurer within the

meaning of the

Insurance (Agents and

Brokers) Act 1984 as in

force immediately

before the FSR

commencement.

The person’s business

as a foreign insurance

agent.

All the provisions of the

Insurance (Agents and

Brokers) Act 1984 as in

force immediately before

the FSR commencement,

and any associated

provisions.

8 A holder of a general

authority under

regulation 38A of the

Banking (Foreign

Exchange) Regulations

as in force immediately

before the FSR

commencement.

The activities the

authority authorises its

holder to carry on.

Regulations 38A and 39 of

the Banking (Foreign

Exchange) Regulations as

in force immediately

before the FSR

commencement.

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Corporations Act 2001 81

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Regulated principals and regulated activities

Item These persons are

regulated principals

These are the

regulated principal’s

regulated activities

This is the relevant old

legislation (if any)

9 A person included in a

class of persons

specified in regulations

made for the purposes

of this item.

For a person in a class

so specified, the

activities identified in,

or in accordance with,

the regulations as being

the regulated activities

of a person in that

class.

The provisions (if any)

identified in, or in

accordance with, the

regulations as being the

relevant old legislation for

a person in that class, and

any associated provisions.

10 A person who carries

on any other activities

(that is, activities that

are not regulated

activities for the

purposes of any of

items 1 to 9) that, if

carried on after the

FSR commencement,

would (apart from this

Subdivision) be

required by the

amended Corporations

Act to be covered by an

Australian financial

services licence, except

to the extent that

subsection (2) excludes

this item from

applying.

The class of activities

so carried on by the

person immediately

before the FSR

commencement that, if

carried on after the

FSR commencement,

would (apart from this

Subdivision) be

required by the

amended Corporations

Act to be covered by an

Australian financial

services licence.

There is no relevant old

legislation.

(2) Item 10 of the table in subsection (1) does not apply to a person

and activities they carry on to the extent that the person’s carrying

on of any of those activities is in contravention of any of the

provisions of the relevant old legislation for any of the other

categories of regulated principals.

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Section 1431

82 Corporations Act 2001

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(3) If a person is a regulated principal of 2 or more different kinds, this

Subdivision applies separately in relation to the person in their

capacity as a regulated principal of each of those kinds.

Note: This may result (depending on what action the regulated principal

takes) in a regulated principal having to comply with the relevant new

legislation (within the meaning of subsection 1431(1)) in respect of

their activities as a regulated principal of one kind, but, at the same

time, having to comply with the relevant old legislation in respect of

their activities as a regulated principal of another kind.

1431 Parts 7.6, 7.7 and 7.8 of the amended Corporations Act

generally do not apply to a regulated principal during the

transition period

(1) Subject to subsections (2) and (3), Parts 7.6 (other than

Subdivisions A and B of Division 4, and Division 5), 7.7 and 7.8

(other than section 992A) of the amended Corporations Act (the

relevant new legislation) do not apply to a regulated principal and

their regulated activities during the period (the transition period)

starting on the FSR commencement and ending when the first of

the following events occurs:

(a) the period of 2 years starting on the FSR commencement

ends;

(b) the regulated principal is granted a licence under

section 913B of the amended Corporations Act that covers

their regulated activities;

(c) the regulated principal starts to be covered by an exemption

under subsection 911A(2) of the amended Corporations Act

(or would start to be so covered if that subsection applied) in

respect of their regulated activities;

(d) the regulated principal ceases (for whatever reason) to have

the status that made them a regulated principal.

For the purposes of paragraph (d), having a status includes holding

a licence, registration, approval or other similar thing, or carrying

on particular activities.

Note 1: Because of section 1441, a regulated principal whose transition period

has not ended (and so who is not required to comply with the relevant

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new legislation) may nonetheless be required to comply with

obligations under Part 7.9 of the amended Corporations Act.

Note 2: For the treatment of representatives, see section 1436.

(2) Division 5 of Part 7.6 of the amended Corporations Act has effect

in relation to a regulated principal during the transition period

subject to the following paragraphs:

(a) the regulated principal may give and revoke authorisations

under section 916A or consents under subsection 916B(3) as

if the regulated principal were a financial services licensee,

however, for the purposes of the provisions of the amended

Corporations Act outside that Division, such an authorisation

or consent is taken not to have effect unless and until the

regulated principal is granted a licence under section 913B of

the amended Corporations Act that covers the activities to

which the authorisation or consent relates (whether or not it

also covers other activities);

(b) a person authorised by a section 916A authorisation so made

by the regulated principal may give and revoke authorisations

under subsection 916B(3) as if they were an authorised

representative and the regulated principal were the

authorising financial services licensee, however, for the

purposes of the provisions of the amended Corporations Act

outside that Division, such an authorisation is taken not to

have effect unless and until the regulated principal is granted

a licence under section 913B of the amended Corporations

Act that covers the activities to which the authorisation

relates (whether or not it also covers other activities);

(c) the regulated principal may give and revoke consents under

section 916C as if they were a financial service licensee,

however, any such consent does not take effect unless and

until the regulated principal is granted a licence under

section 913B of the amended Corporations Act;

(d) section 916F applies in relation to an authorisation so made

by the regulated principal during the transition period as if

the period of 15 business days referred to in

subsections 916F(1) and (1A) did not start unless and until

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the regulated principal is granted a licence under

section 913B of the amended Corporations Act that covers

the activities to which the authorisation relates (whether or

not it also covers other activities), and section 916F does not

apply at all in relation to revocations so made during the

transition period.

(3) If, before paragraph (1)(a) or (d) occurs:

(a) the regulated principal is granted a licence under

section 913B of the amended Corporations Act that covers

some only (the relevant part) of their regulated activities; or

(b) the regulated principal starts to be covered by an exemption

under subsection 911A(2) of the amended Corporations Act

in respect of some only (the relevant part) of their regulated

activities;

the relevant new legislation starts applying, from that time, to the

relevant part of the regulated principal’s regulated activities, and

subsection (1) continues to apply to the person as if the regulated

principal’s regulated activities did not include the relevant part.

(4) Subsection (3) has effect subject to subsection 1430(3).

1432 Continued application of relevant old legislation

(1) Subject to subsection (2), during the transition period for a

regulated principal, the relevant old legislation (if any) continues to

apply, despite its repeal:

(a) to, and in relation to, the regulated principal and their

regulated activities; and

(b) to any other person to whom it is expressed to apply, but only

in relation to matters related to the regulated principal and

their regulated activities.

Note: So, for example, people may continue to be appointed as agents or

representatives of the regulated principal (or to have those

appointments varied or revoked) during the transition period under

provisions of the relevant old legislation that deal with such matters.

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(2) If, because of subsection 1431(2), the relevant new legislation

(within the meaning of subsection 1431(1)) starts to apply to part

of a person’s regulated activities from a particular time, the

relevant old legislation (if any) stops applying, from that time, in

relation to that part of those activities.

1433 Streamlined licensing procedure for certain regulated

principals

(1) This section applies to the following regulated principals:

(a) a regulated principal of a kind referred to in any of items 1 to

5 of the table in subsection 1430(1), but not including anyone

who is:

(i) an exempted participant for the purposes of

section 1419; or

(ii) in a class of persons specified in, or identified in

accordance with, regulations made for the purposes of

subsection (3);

(b) a regulated principal of a kind referred to in item 9 of that

table who:

(i) is in a class of persons specified in regulations made for

the purposes of this subparagraph; and

(ii) is not in a class of persons specified in, or identified in

accordance with, regulations made for the purposes of

subsection (3).

(2) If:

(a) a regulated principal to whom this section applies, before the

end of their transition period, applies (in accordance with

section 913A of the amended Corporations Act) for a licence

covering some or all of their regulated activities (but no other

activities); and

(b) their application includes a statement (in accordance with the

requirements of the application form) to the effect that they

will, if granted the licence, comply with their obligations as a

financial services licensee;

the following provisions apply:

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(c) section 913B of the amended Corporations Act applies to

their application as if paragraphs 913B(1)(b), (c), (ca) and

(d), and subsections 913B(2) to (5), were omitted; and

(d) the licence condition required by subsection 914A(6) of the

amended Corporations Act in relation to a licence granted

pursuant to their application must specify, as the financial

services that the licensee is authorised to provide, financial

services that equate (as closely as possible) to the regulated

activities in respect of which the application was made.

Note 1: Paragraph (c) does not limit the matters that can be taken into account

under section 915C (suspension or cancellation after offering a

hearing) in relation to a licence that has been granted under

section 913B as it applies because of this section.

Note 2: The condition referred to in paragraph (d), as with any other

conditions imposed on the licence under section 914A of the amended

Corporations Act, is subject to variation or revocation in accordance

with that section.

(3) The regulations may identify classes of persons, or provide for the

identification of classes of persons, who are not to be covered by

this section.

1434 Special licences for insurance multi-agents during first 2 years

after FSR commencement

(1) For the purposes of this section, a person is an insurance

multi-agent at a particular time if, at that time:

(a) the person is an insurance intermediary (but not an insurance

broker), within the meaning of the Insurance (Agents and

Brokers) Act 1984 as then in force; and

(b) the person has agreements with 2 or more different insurers

under section 10 of that Act.

(2) If:

(a) a person who, immediately before the FSR commencement,

is an insurance multi-agent applies in accordance with

section 913A of the amended Corporations Act for a licence,

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during the period of 2 years starting on the FSR

commencement; and

(b) the application is lodged at a time:

(i) when the person is still carrying on activities as agent

for one or more of the insurers with whom, immediately

before the FSR commencement, they had agreements as

mentioned in paragraph (1)(b); or

(ii) that is not more than 6 months after the person ceased to

so carry on activities as agent for any of those insurers;

and

(c) their application includes a statement (in accordance with the

requirements of the application form) to the effect that they

want this section to apply to their application;

the following provisions apply:

(d) section 913B of the amended Corporations Act applies to

their application as if the reference in paragraph 913B(1)(b)

to section 912A did not include the obligations under

paragraphs 912A(e) and (f);

(e) the licence condition required by subsection 914A(6) of the

amended Corporations Act in relation to a licence granted

pursuant to their application must specify, as the financial

services that the licensee is authorised to provide:

(i) providing financial product advice in relation to risk

insurance products and investment life insurance

products; and

(ii) dealing in risk insurance products and investment life

insurance products.

(3) If the application is granted, then:

(a) while the licence remains in force:

(i) paragraphs 912A(e) and (f) of the amended

Corporations Act do not apply to the licensee and the

financial services covered by the licence; and

(ii) sections 942B and 942C apply in relation to any

Financial Services Guide provided by the licensee or an

authorised representative of the licensee as if they

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included a requirement to include in the Guide a

statement that the licensee is not bound by the

obligations in paragraphs 912A(e) and (f) and that sets

out what those obligations are; and

(b) the licence conditions cannot be varied so that the licence

covers the licensee providing financial services other than

those referred to in paragraph (2)(e); and

(c) the licence ceases to be in force (unless earlier revoked) at

the end of the period of 2 years starting on the FSR

commencement.

1435 Licensing decisions made within the first 2 years of the FSR

commencement—regard may be had to conduct and

experience of applicant or related body corporate that

currently provides same or similar services

(1) This section applies:

(a) if a person applies, during the period of 2 years starting on

the FSR commencement, under section 913A of the amended

Corporations Act for the grant of a licence covering the

provision of particular financial services (the relevant

financial services); and

(b) ASIC is aware that:

(i) the applicant; or

(ii) if the applicant is a body corporate—a related body

corporate of the applicant;

is currently (as at the time the application is being considered

by ASIC) providing services that are the same as, or similar

to, all or any of the relevant financial services.

(2) In considering the matters it is required by section 913B of the

amended Corporations Act to consider in deciding whether to grant

the licence, ASIC may (but is not required to) have regard to the

conduct and experience (including conduct and experience before

the FSR commencement) of the applicant, or the related body

corporate, in providing services that are the same as, or similar to,

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all or any of the relevant financial services (so far as ASIC is aware

of such conduct and experience).

(3) Subsection (2) is not intended to limit, by implication, the matters

that ASIC can take into account under section 913B of the

amended Corporations Act when considering whether to grant a

licence under that section (whether pursuant to an application to

which this section applies or otherwise).

1436 Treatment of representatives—general

(1) This section applies to a person who is a representative of a

regulated principal. For this purpose, a representative includes, but

is not limited to:

(a) an agent (however described) of the regulated principal; and

(b) an employee or director of the regulated principal; and

(c) any other person who, in accordance with the regulated

principal’s relevant old legislation as it continues to have

effect in relation to the regulated principal, is authorised to

carry on activities for or on behalf of the regulated principal.

(1A) However, if a person who, under subsection (1), would be the

representative of another person is a financial services licensee in

their own right, the licensee, when engaged in activities covered by

their licence, is taken not to be acting as representative of that other

person.

(2) The following provisions apply in relation to a person who is a

representative of a regulated principal:

(a) during any period when, because of section 1431, the

relevant new legislation (within the meaning of

subsection 1431(1)) does not apply to the regulated principal

and particular regulated activities, the relevant new

legislation also does not apply to the representative when

they are acting as a representative of the regulated principal

in relation to any of those activities;

(b) during any period when, because of section 1432, relevant

old legislation continues to apply to the regulated principal

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and particular regulated activities, that legislation also

continues to apply to the representative when they are acting

as a representative of the regulated principal in relation to

any of those activities.

Note 1: If a person is a representative of 2 persons, this may result in the

person having to comply with the relevant new legislation in respect

of what they do as a representative of one of those persons but, at the

same time, having to comply with relevant old legislation in respect of

what they do as a representative of the other of those persons.

Note 2: If a person is a representative of another person who carries on 2

different sets of activities, being sets of activities in relation to which

there are separate applications of this Subdivision because of

subsection 1430(3), this may result in the person having to comply

with the relevant new legislation in respect of what they do in relation

to one of those sets of activities but, at the same time, having to

comply with relevant old legislation in respect of what they do in

relation to the other set of activities.

Note 3: Because of section 1441, a representative who is not required to

comply with the relevant new legislation may nonetheless be required

to comply with obligations under Part 7.9 of the amended

Corporations Act.

1436A Treatment of representatives—insurance agents

(1) This section has effect despite anything else in this Subdivision,

including sections 1436 and 1437.

(2) This section applies if, immediately before the FSR

commencement, a person is an insurance intermediary (but not an

insurance broker) within the meaning of the Insurance (Agents and

Brokers) Act 1984 as then in force because of an agreement they

have with an insurer under section 10 of that Act. For the purposes

of this section:

(a) the person is the insurance agent; and

(b) the agreement is the authorising agreement; and

(c) the matters dealt with in the provisions included in the

agreement in compliance with section 10 of that Act, and any

other matters included in the agreement that are related to

those matters, are the relevant matters; and

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(d) the insurer is the principal.

If, immediately before the FSR commencement, the person has

more than one such agreement, this section applies separately in

relation to each of those agreements.

(3) For the purposes of this section, the transition period is the period

starting on the FSR commencement and ending when the first of

the following events occurs:

(a) the period of 2 years starting on the FSR commencement

ends;

(b) the authorising agreement ceases to be in force;

(c) the insurance agent has lodged with ASIC notice in writing

that the agent no longer wants to be covered by the Insurance

(Agents and Brokers) Act 1984:

(i) from a specified date, being a date that is after the notice

is given to ASIC; or

(ii) from the end of a specified period, being a period that

ends after the notice is given to ASIC;

and that date arrives or period ends;

(d) the insurance agent is granted a licence under section 913B

(including as it has effect because of section 1434) of the

amended Corporations Act that covers the insurance agent

engaging in (as licensee) the range of activities that they

previously engaged in as agent under the authorising

agreement.

(4) A notice (the original notice) given for the purposes of

paragraph (3)(c) may before the date, or the end of the period,

specified in the original notice as mentioned in that paragraph:

(a) be varied to specify another date or period, being a date or

period that would satisfy the requirements of

subparagraph (3)(c)(i) or (ii) if the reference in that

subparagraph to when the notice (being the original notice) is

given to ASIC were instead a reference to when the notice of

variation is given to ASIC under this subsection; or

(b) be revoked.

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The variation or revocation must be made by notice in writing

lodged with ASIC.

(5) Subject to subsection (7), during the transition period, the

Insurance (Agents and Brokers) Act 1984 as in force immediately

before the FSR commencement, and any associated provisions,

(the relevant old legislation) continue to apply (despite the repeal

of that Act) to, and in relation to, the insurance agent, the principal

and the relevant matters.

(6) Subject to subsection (7), during the transition period, the relevant

new legislation (within the meaning of section 1431) does not

apply to, or in relation to, the insurance agent, the principal and the

relevant matters.

(7) Regulations made for the purposes of this subsection may do either

or both of the following:

(a) provide that specified provisions of the relevant old

legislation apply (with or without specified modifications), or

do not apply, to the insurance agent, the principal and some

or all of the relevant matters;

(b) provide that specified provisions of the relevant new

legislation apply (with or without specified modifications), or

do not apply, to the insurance agent, the principal and some

or all of the relevant matters.

The regulations may provide as mentioned in paragraph (a) or (b)

even after the end of the transition period.

(8) If:

(a) before the end of the transition period, or such longer period

during which regulations made for the purposes of

subsection (7) provide for the application of some or all of

the relevant old legislation, the insurance agent engages in

conduct that, under the authorising agreement as then in

force, creates a right to brokerage, commission or other

remuneration (which may be a present right, or a future right

that is dependent on matters specified in the authorising

agreement); and

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(b) that right is still in existence immediately before the end of

that period;

the right is not taken to be brought to an end merely because of the

repeal of the relevant old legislation or the enactment of the

relevant new legislation, or because under this section the relevant

old legislation ceases to apply and the relevant new legislation

starts to apply.

(9) Subsection (8) is not intended to affect, in any way, the

determination of the question whether any other right (whether or

not it is under an agreement under section 10 of the Insurance

(Agents and Brokers) Act 1984) is in any way affected by the

provisions of the Financial Services Reform Act 2001 or the

Financial Services Reform (Consequential Provisions) Act 2001

(including the amendments made by those Acts).

1437 Exemptions and modifications by ASIC

(1) This section applies to the following provisions:

(a) the provisions of this Subdivision (other than section 1436A)

and any associated provisions;

(b) the provisions of legislation that continues to apply because

of subsection 1432(1) or 1436(3).

(2) ASIC may:

(a) exempt a person or a class of persons from some or all of the

provisions to which this section applies; or

(b) declare that some or all of the provisions to which this

section applies apply in relation to a person or a class of

persons as if the provisions were modified or varied as

specified in the declaration.

(3) A declaration under paragraph (2)(b) may provide for the

continued application (with or without modifications, and to the

exclusion of provisions of the amended Corporations Act) of

provisions referred to in paragraph (1)(b), even after the end of the

period of 2 years starting on the FSR commencement.

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(4) An exemption may apply unconditionally or subject to specified

conditions. A person to whom a condition specified in an

exemption applies must comply with the condition. The Court may

order the person to comply with the condition in a specified way.

Only ASIC may apply to the Court for the order.

(5) An exemption or declaration must be in writing and ASIC must

publish notice of it in the Gazette.

(6) If conduct (including an omission) of a person would not constitute

an offence if a particular declaration under paragraph (2)(b) had

not been made, that conduct does not constitute an offence unless,

before the conduct occurred (in addition to complying with the

gazettal requirement of subsection (5)):

(a) the text of the declaration was made available by ASIC on

the internet; or

(b) ASIC gave written notice setting out the text of the

declaration to the person.

In a prosecution for an offence to which this subsection applies, the

prosecution must prove that paragraph (a) or (b) was complied with

before the conduct occurred.

Subdivision E—Product disclosure requirements

1438 New product disclosure provisions do not apply to existing

products during transition period

(1) This section applies to all financial products issued by a person,

other than financial products in a class of products that are first

issued by the person after the FSR commencement.

(2) For the purposes of this section, the new product disclosure

provisions in relation to a financial product to which this section

applies are the provisions of Part 7.9 of the amended Corporations

Act that, apart from this section, would apply in relation to the

financial product (whether those provisions apply to the issuer of

the product or to another person or persons), other than the

following provisions:

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(a) section 1017C (information for existing holders of

superannuation products and RSA products);

(b) section 1017DA (trustees of superannuation entities—

regulations may specify additional obligations to provide

information), and regulations made for the purposes of that

section;

(c) section 1017E (dealing with money received for financial

product before the product is issued);

(d) section 1017F (confirming transactions);

(e) sections 1019A and 1019B (cooling-off period for return of

financial product);

(ea) Division 5A (unsolicited offers to purchase financial

products off-market);

(f) sections 1020B and 1020C (short selling of securities,

managed investment products and certain other financial

products);

(g) section 1020D (Part cannot be contracted out of).

(3) Subject to subsection (4), the new product disclosure provisions do

not apply in relation to a financial product to which this section

applies during the period (the transition period) starting on the

FSR commencement and ending on whichever of the following

first occurs:

(a) the end of the period of 2 years starting on the FSR

commencement;

(b) the date specified in a notice lodged with ASIC by the issuer

of the product that relates to the product, or a class of

financial products that includes the product, and that satisfies

the following requirements:

(i) the notice must indicate that the issuer of the product

wants the new product disclosure provisions to apply in

relation to the product from a date specified in the

notice;

(ii) the date specified in the notice is the FSR

commencement or a later date;

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(iii) the date specified in the notice is at least 28 days after

the notice is lodged with ASIC.

Note 1: A notice under paragraph (b) may be lodged during the period

between the commencement of this section and the FSR

commencement, or it may be lodged after the FSR commencement.

Note 2: Subject to Division 2, the provisions covered by paragraphs (2)(a) to

(f) apply from the FSR commencement in relation to all financial

products to which they purport to apply.

(4) If the date specified in a notice lodged with ASIC in accordance

with paragraph (3)(b) is the FSR commencement, there is no

transition period in relation to the financial product or products to

which the notice relates.

(5) A notice (the first notice) lodged with ASIC in accordance with

paragraph (3)(b):

(a) may, by a further notice lodged with ASIC, be varied to

specify a different date (the new date), but only if:

(i) that further notice is lodged with ASIC at least 28 days

before the date specified in the first notice; and

(ii) the new date is at least 28 days after that further notice

is lodged with ASIC; and

(b) may, by a further notice lodged with ASIC, be revoked, but

only if that further notice is lodged with ASIC at least 28

days before the date specified in the first notice.

A date that was specified in a notice before its variation or

revocation in accordance with this subsection is to be disregarded

for the purposes of the other provisions of this section.

(6) If the issuer of a financial product lodges a notice with ASIC in

accordance with paragraph (3)(b) that covers the product, the issuer

must comply with any applicable requirements determined, by

legislative instrument, by ASIC for the purposes of this subsection

in relation to the following matters:

(a) informing people about the notice and its significance; and

(b) informing people about any subsequent variation or

revocation of the notice.

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Note: Failure to comply with this subsection is an offence (see

subsection 1311(1)).

(7) A determination by ASIC for the purposes of subsection (6):

(b) may cover all financial products or one or more classes of

financial products; and

(c) may make different provision in relation to different classes

of financial products.

(8) Subject to the regulations, ASIC must take reasonable steps to

ensure that, during the period of 2 years starting on the FSR

commencement, information is available:

(a) on the internet; and

(b) at offices of ASIC;

about notices that have been lodged in accordance with

paragraph (3)(b). The information must be updated to take account

of variations and revocations of such notices.

1439 Offences against new product disclosure provisions—

additional element for prosecution to prove if conduct

occurs after opting-in and before the end of the first 2

years

(1) If:

(a) conduct in relation to a financial product that would (apart

from this section) constitute an offence against, or based on,

any of the new product disclosure provisions occurred at a

time:

(i) during the period of 2 years starting on the FSR

commencement; and

(ii) after the date specified in a notice lodged in relation to

the product in accordance with paragraph 1438(3)(b);

and

(b) the new product disclosure provisions started to apply in

relation to the product from the date specified in the notice;

the conduct constitutes an offence against that provision only if (in

addition to the other elements of the offence), either:

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(c) the person knew that, or was reckless as to whether, the

product issuer had lodged a notice under that paragraph that

specified that date; or

(d) the person did not know that, and was not reckless as to

whether, the product issuer had lodged a notice under that

paragraph that specified that date, but the conduct would

have contravened the provisions referred to in section 1440

that would have applied to and in relation to the product if

those provisions had still applied when the conduct occurred.

(2) In this section:

conduct means an act, an omission to perform an act or a state of

affairs.

1440 Continued application of certain provisions of old disclosure

regimes during transition period

During the transition period (if any) for a financial product, the

following provisions continue to apply, despite their repeal or

amendment, to and in relation to the financial product:

(a) if the product is a managed investment product—all the

provisions of Chapter 6D of the old Corporations Act, other

than section 722 of that Act, and any associated provisions;

(b) if the product is a derivative—section 1210 of the old

Corporations Act, and any associated provisions;

(c) if the product is a superannuation product—the following

provisions, and any associated provisions:

(i) section 153, and all the provisions of Divisions 3 and 4

of Part 19, of the Superannuation Industry (Supervision)

Act 1993 as in force immediately before the FSR

commencement;

(ii) the section 153A of that Act that was provided for in

Modification Declaration no. 15 as in force immediately

before the FSR commencement, being a declaration of

modification made under section 332 of that Act;

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(d) if the product is an RSA product—section 51, and all the

provisions of Divisions 4 and 5 of Part 5, of the Retirement

Savings Accounts Act 1997 as in force immediately before

the FSR commencement, and any associated provisions;

(e) if the product is an insurance product—sections 71A and 73

of the Insurance Contracts Act 1984 as in force immediately

before the FSR commencement, and any associated

provisions.

1441 Certain persons who are not yet covered by Parts 7.6, 7.7 and

7.8 of the amended Corporations Act are required to

comply with Part 7.9 obligations as if they were regulated

persons

From the time from which the new product disclosure provisions

start to apply in relation to a particular financial product, the

following persons must comply with those provisions in relation to

that product, as if they were regulated persons as defined in

section 1011B of the amended Corporations Act, even though they

are not yet subject, or fully subject, to Parts 7.6, 7.7 and 7.8 of that

Act:

(a) a regulated principal;

(b) a representative (as defined in section 1436) of a regulated

principal; or

(c) an insurance agent (as defined in section 1436A).

1442 Exemptions and modifications by ASIC

(1) This section applies to the following provisions:

(a) the provisions of this Subdivision and any associated

provisions;

(b) the provisions that continue to apply because of section 1440.

(2) ASIC may:

(a) exempt a person or a class of persons, or a financial product

or class of financial products, from some or all of the

provisions to which this section applies; or

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(b) declare that some or all of the provisions to which this

section applies apply in relation to a person or a class of

persons, or a financial product or class of financial products,

as if the provisions were modified or varied as specified in

the declaration.

(3) A declaration under paragraph (2)(b) may provide for the

continued application (with or without modifications, and to the

exclusion of provisions of the amended Corporations Act) of

provisions referred to in paragraph (1)(b), even after the end of the

period of 2 years starting on the FSR commencement.

(4) An exemption may apply unconditionally or subject to specified

conditions. A person to whom a condition specified in an

exemption applies must comply with the condition. The Court may

order the person to comply with the condition in a specified way.

Only ASIC may apply to the Court for the order.

(5) An exemption or declaration must be in writing and ASIC must

publish notice of it in the Gazette.

(6) If conduct (including an omission) of a person would not constitute

an offence if a particular declaration under paragraph (2)(b) had

not been made, that conduct does not constitute an offence unless,

before the conduct occurred (in addition to complying with the

gazettal requirement of subsection (5)):

(a) the text of the declaration was made available by ASIC on

the internet; or

(b) ASIC gave written notice setting out the text of the

declaration to the person.

In a prosecution for an offence to which this subsection applies, the

prosecution must prove that paragraph (a) or (b) was complied with

before the conduct occurred.

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Subdivision F—Certain other product-related requirements

1442A Deferred application of hawking prohibition

(1) For the purposes of this section, the transition period is the period

starting on the FSR commencement and ending on whichever of

the following first occurs:

(a) the day fixed by Proclamation for the purposes of this

paragraph;

(b) the end of the period of 6 months starting on the FSR

commencement.

(2) Regulations made for the purposes of this section may provide for

specified provisions of legislation that is repealed by the Financial

Services Reform Act 2001 or the Financial Services Reform

(Consequential Provisions) Act 2001, being provisions that deal

with the same or a similar matter as that dealt with in section 992A

of the amended Corporations Act, to continue to apply (whether

with or without specified modifications) during the transition

period.

(3) During the transition period, section 992A of the amended

Corporations Act does not apply to any person, except to the extent

(if any) provided for in regulations made for the purposes of this

section.

1442B Deferred application of confirmation of transaction and

cooling-off provisions etc.

(1) This section applies to all financial products issued by a person,

other than financial products in a class of products that are first

issued by the person after the FSR commencement.

(2) For the purposes of this section, the transition period, in relation to

a financial product to which this section applies, is the period

starting on the FSR commencement and ending on whichever of

the following first occurs:

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(a) the day fixed by Proclamation for the purposes of this

paragraph;

(b) the end of the period of 6 months starting on the FSR

commencement;

(c) the new product disclosure provisions (within the meaning of

section 1438) start to apply in relation to the product.

(3) Subject to subsection (5), the following provisions (the preserved

provisions), to the extent they are relevant to a financial product to

which this section applies, continue to apply, despite their repeal,

in relation to the financial product during the transition period:

(a) Division 6 of Part 19 of the Superannuation Industry

(Supervision) Act 1993, and any associated provisions;

(b) Division 7 of Part 5 of the Retirement Savings Accounts Act

1997, and any associated provisions;

(c) sections 64 and 64A of the Insurance Contracts Act 1984,

and any associated provisions;

(d) any other provisions specified in regulations made for the

purposes of this paragraph, and any associated provisions in

relation to provisions so specified.

(4) Subject to subsection (5), during the transition period, the

following provisions (the deferred provisions) of the amended

Corporations Act do not apply in relation to a financial product to

which this section applies:

(a) section 1017F;

(b) sections 1019A and 1019B;

(c) any other provisions of Part 7.9 of the amended Corporations

Act that are not part of the new product disclosure provisions

(within the meaning of section 1438) and that are specified in

regulations made for the purposes of this paragraph.

(5) Regulations made for the purposes of this subsection may do either

or both of the following:

(a) provide that specified provisions of the preserved provisions

apply (with or without specified modifications), or do not

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apply, in relation to a financial product to which this section

applies;

(b) provide that specified provisions of the deferred provisions

apply (with or without specified modifications), or do not

apply, in relation to a financial product to which this section

applies.

The regulations may provide as mentioned in paragraph (a) or (b)

even after the end of the transition period.

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Division 2—Other transitional provisions

1443 Definitions

(1) In this Division:

amended Corporations Act has the same meaning as in Division 1.

class, in relation to financial products, has a meaning affected by

regulations made for the purposes of subsection (2).

FSR commencement has the same meaning as in Division 1.

law of the Commonwealth includes a reference to an instrument

made under such a law.

new legislation means relevant legislation as in force after the FSR

commencement.

old legislation means relevant legislation as in force immediately

before the FSR commencement.

relevant amendments means the amendments made by:

(a) the Financial Services Reform Act 2001; and

(b) the Financial Services Reform (Consequential Provisions)

Act 2001.

relevant legislation means the following legislation:

(a) this Act;

(b) the Acts that are amended by the relevant amendments;

(c) regulations or other instruments made under Acts covered by

paragraph (a) or (b);

(d) any other law of the Commonwealth, or instrument made

under a law of the Commonwealth, identified in regulations

made for the purposes of this paragraph.

(2) The regulations may include provisions identifying, or providing

for the identification of, what constitutes a class of financial

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products for the purposes of a provision or provisions of this

Division.

1444 Regulations may deal with transitional, saving or application

matters

(1) The regulations may deal with matters of a transitional, saving or

application nature relating to the relevant amendments and the

transition from the application of the old legislation to the

application of the new legislation. Regulations made for this

purpose may make such provision as is necessary to take account

of the fact that, because of Division 1, different provisions of the

amended Corporations Act start applying (and different provisions

of the old legislation stop applying) in relation to different people,

things and matters at different times.

(2) Regulations made for the purposes of this section are of no effect

to the extent that they are inconsistent with:

(a) a provision of Division 1; or

(b) a regulation or determination made under a provision of

Division 1, other than any such regulation or determination

(the other instrument) that is expressed to have effect subject

to anything in regulations made for the purposes of this

section (in which case, the other instrument is of no effect, to

the extent of the inconsistency).

(3) 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 a law of the Commonwealth; or

(ii) provisions of a repealed or amended law of the

Commonwealth, in the form that those provisions took

before the repeal or amendment; or

(iii) a combination of provisions referred to in

subparagraphs (i) and (ii);

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

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(c) by specifying a particular consequence of the matter, or of an

outcome of the matter, for the purposes of a law of the

Commonwealth.

(4) Without limiting subsections (1) and (3), the regulations may

provide for the continued effect after the FSR commencement, for

the purposes of the new legislation, of a thing done or instrument

made, or a class of things done or instruments made, before the

FSR commencement, under or for the purposes of the old

legislation. In the case of an instrument, or class of instruments, the

regulations may (either when providing for the continued effect of

the instrument or instruments or at a later time) provide for the

instrument or instruments, as continuing to have effect, to have

effect subject to modifications.

(5) Without limiting subsection (4), regulations made for the purposes

of that subsection may permit all or any of the following matters to

be determined in writing by a specified person, or by a person

included in a specified class of persons:

(a) the identification of a thing done or instrument made, or a

class of things done or instruments made, that is to continue

to have effect;

(b) the purpose for which a thing done or instrument made, or a

class of things done or instruments made, is to continue to

have effect;

(c) any modifications subject to which an instrument made, or a

class of instruments made, is to continue to have effect.

(6) Despite subsections 12(2) and (3) of the Legislative Instruments

Act 2003, regulations made for the purposes of this section:

(a) may be expressed to take effect from a date before the

regulations are registered under that Act; and

(b) may provide for a determination of a kind referred to in

subsection (5) to take effect from a date before the

determination is made (including a date before the

regulations are registered under that Act).

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(7) If a relevant amendment does not commence on the FSR

commencement, this section applies in relation to that amendment

as if references in the other provisions of this section, and in the

definitions in section 1443, to “the FSR commencement” were

instead references to the commencement of the relevant

amendment.

(8) In this section:

matters of a transitional, saving or application nature includes,

but is not limited to, matters related to any of the following:

(a) how a matter that arose or existed under the old legislation is

to be dealt with under the new legislation;

(b) the significance for the purposes of the new legislation of a

matter that arose or existed under the old legislation;

(c) how a process started but not completed under the old

legislation is to be dealt with;

(d) the preservation of concessions or exemptions (however

described) that existed under the old legislation;

(e) interpreting references to matters in terms of the new

legislation so as to include references to matters in terms of

the old legislation (including that legislation as it continues to

have effect because of provisions of Division 1), and vice

versa;

(f) any other matters that are prescribed by regulations made for

the purposes of this paragraph.

1445 ASIC determinations may deal with transitional, saving or

application matters

(1) ASIC may, by legislative instrument, make a determination dealing

with matters of a transitional, saving or application nature relating

to the relevant amendments and the transition from the application

of the old legislation to the application of the new legislation.

Determinations for this purpose may make such provision as is

necessary to take account of the fact that, because of Division 1,

different provisions of the amended Corporations Act start

applying (and different provisions of the old legislation stop

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applying) in relation to different people, things and matters at

different times.

(2) A determination overrides any inconsistent regulations made for

the purposes of section 1444, other than any such regulations that

are expressed to have effect despite anything in a determination

under this section (in which case, the determination is of no effect,

to the extent of the inconsistency).

(3) A determination is of no effect to the extent that it is inconsistent

with:

(a) a provision of Division 1; or

(b) a regulation or determination made under a provision of

Division 1, other than any such regulation or determination

(the other instrument) that is expressed to have effect subject

to anything in a determination under this section (in which

case, the other instrument is of no effect, to the extent of the

inconsistency).

(4) Without limiting subsection (1), a determination 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 a law of the Commonwealth; or

(ii) provisions of a repealed or amended law of the

Commonwealth, in the form that those provisions took

before the repeal or amendment; 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 a law of the

Commonwealth.

(5) Without limiting subsections (1) and (4), a determination may

provide for the continued effect after the FSR commencement, for

the purposes of the new legislation, of a thing done or instrument

made, or a class of things done or instruments made, before the

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FSR commencement, under or for the purposes of the old

legislation. In the case of an instrument, or class of instruments, a

determination may (either when providing for the continued effect

of the instrument or instruments or at a later time) provide for the

instrument or instruments, as continuing to have effect, to have

effect subject to modifications.

(6) Without limiting subsection (5), a determination for the purposes

of that subsection may permit all or any of the following matters to

be determined in writing by a specified person, or by a person

included in a specified class of persons:

(a) the identification of a thing done or instrument made, or a

class of things done or instruments made, that is to continue

to have effect;

(b) the purpose for which a thing done or instrument made, or a

class of things done or instruments made, is to continue to

have effect;

(c) any modifications subject to which an instrument made, or a

class of instruments made, is to continue to have effect.

(7) If a relevant amendment does not commence on the FSR

commencement, this section applies in relation to that amendment

as if references in the other provisions of this section, and in the

definitions in section 1443, to “the FSR commencement” were

instead references to the commencement of the relevant

amendment.

(8) In this section:

matters of a transitional, saving or application nature includes,

but is not limited to, matters related to any of the following:

(a) how a matter that arose or existed under the old legislation is

to be dealt with under the new legislation;

(b) the significance for the purposes of the new legislation of a

matter that arose or existed under the old legislation;

(c) how a process started but not completed under the old

legislation is to be dealt with;

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(d) the preservation of concessions or exemptions (however

described) that existed under the old legislation;

(e) interpreting references to matters in terms of the new

legislation so as to include references to matters in terms of

the old legislation (including that legislation as it continues to

have effect because of provisions of Division 1), and vice

versa;

(f) any other matters that are prescribed by regulations made for

the purposes of this paragraph.

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1447 Application of sections 601AB and 601PB

If a company or responsible entity had an obligation to lodge an

annual return before the commencement of items 31 and 36 of

Schedule 1 to the Corporations Legislation Amendment Act 2003,

sections 601AB and 601PB continue to apply to the annual return,

as if the amendments made by those items had not been made.

1448 Application of amendments made by Schedule 4 to the

Corporations Legislation Amendment Act 2003

If, at the time the amendments made by Schedule 4 to the

Corporations Legislation Amendment Act 2003 commence:

(a) a company is required to lodge a notice under a provision

amended by Schedule 4; and

(b) the time within which the company must lodge the notice has

not expired;

the amendments made by Schedule 4 apply to the company’s

requirement to lodge the notice.

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Part 10.4—Transitional provisions relating to the

Financial Services Reform Amendment Act

2003

1449 Definition

In this Part:

amending Act means the Financial Services Reform Amendment

Act 2003.

1450 Application of Part 10.2 to Chapter 7 as amended by

Schedule 2 to the amending Act

(1) Subject to subsection (2), the provisions of Division 1 of Part 10.2

(including regulations and determinations made for the purposes of

that Division, and the powers given by that Division to deal with

matters in regulations and determinations) also apply to the

provisions of Chapter 7 as amended by Schedule 2 to the amending

Act.

Note: Division 1 of Part 10.2 deals with the phasing-in of the new financial

services regime.

(2) However, subsection (1) does not produce the result that a

provision of Chapter 7 as amended, added or inserted by an

amendment in Schedule 2 to the amending Act applies in relation

to a person, matter or circumstance:

(a) at a time that is before the commencement of the amendment;

or

(b) contrary to section 1451.

(3) The powers given by Division 2 of Part 10.2 to deal with matters in

regulations and determinations apply in relation to the provisions

of Chapter 7 as amended by Schedule 2 to the amending Act as if

the amendments in Schedule 2 to the amending Act were relevant

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amendments for the purposes of that Division. However (in

addition to subsections 1444(2) and 1445(3)) such regulations and

determinations are of no effect to the extent that they are

inconsistent with section 1451.

1451 Provisions relating to the scope of the amendments of

Chapter 7 made by Schedule 2

Application of amendments of section 916F

(1) The amendments made by items 37, 38 and 39 of Schedule 2 to the

amending Act do not apply to authorisations made before the

commencement of the amendment, unless the relevant 10 day

period for notification has not ended by the commencement of the

items.

(2) The amendment made by item 40 of Schedule 2 to the amending

Act applies to revocations made after the commencement of the

item.

Application of certain amendments of sections 952B and 953A

(2A) The amendments made by items 53A and 58A of Schedule 2 to the

amending Act apply in relation to the giving of Financial Services

Guides after the commencement of the items.

Application of amendments of section 981H

(3) The amendments made by items 62 and 63 of Schedule 2 to the

amending Act apply, after the commencement of those items, to

money paid to a person before that commencement as mentioned in

subsection 981H(1), even if an agreement referred to in

subsection 981H(2) was in force in relation to the money

immediately before that commencement.

Application of certain amendments of section 1016A

(3A) The amendments made by items 77A, 77B and 78C of Schedule 2

to the amending Act apply in relation to applications for financial

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products, and applications to become a standard employer-sponsor,

whether made before or after the commencement of the items.

Application of amendments of sections 1016B to 1016E

(3B) The amendments made by items 78D to 78T of Schedule 2 to the

amending Act apply in relation to Product Disclosure Statements

whether prepared or given before or after the commencement of

the items.

Application of amendment of section 1017D

(4) The amendment made by item 88 of Schedule 2 to the amending

Act does not apply to statements prepared before the

commencement of the item.

Application of amendments of section 1017E

(5) The amendments made by items 89 and 90 of Schedule 2 to the

amending Act apply, after the commencement of those items, to

money paid to a person before that commencement as mentioned in

subsection 1017E(1), even if an agreement referred to in

subsection 1017E(2B) was in force in relation to the money

immediately before that commencement.

Application of amendments of section 1020E

(6) The amendment made by item 91 of Schedule 2 to the amending

Act does not apply to disclosure documents or statements prepared

before the commencement of the item.

(7) The amendments made by items 91A, 91B and 91C of Schedule 2

to the amending Act apply to disclosure documents or statements,

and to advertisements or statements of a kind referred to in

subsection 1018A(1) or (2), whether prepared, given or published

before or after the commencement of the items.

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Application of certain amendments of sections 1021B and 1022A

(8) The amendments made by items 95F and 96K of Schedule 2 to the

amending Act apply in relation to the giving of Product Disclosure

Statements after the commencement of the items.

1452 Amendments of section 1274

(1) The amendment made by item 101 of Schedule 2 to the amending

Act applies to documents even if they were lodged before the

commencement of the item.

(2) The amendment made by item 102 of Schedule 2 to the amending

Act removes a reference to a repealed provision. However, the

amendment does not produce the result that a document that was

lodged under that provision when it was in force now becomes

available for inspection under section 1274.

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Program (Audit Reform and Corporate Disclosure) Act 2004

Section 1453

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Part 10.5—Transitional provisions relating to the

Corporate Law Economic Reform

Program (Audit Reform and Corporate

Disclosure) Act 2004

1453 Definitions

In this Part:

amending Act means the Corporate Law Economic Reform

Program (Audit Reform and Corporate Disclosure) Act 2004.

old Act means this Act as in force immediately before the

commencement day.

Schedule 1 commencement means the day on which Schedule 1 to

the Corporate Law Economic Reform Program (Audit Reform and

Corporate Disclosure) Act 2004 commences.

Schedule 4 commencement means the day on which Schedule 4 to

the Corporate Law Economic Reform Program (Audit Reform and

Corporate Disclosure) Act 2004 commences.

Schedule 5 commencement means the day on which Schedule 5 to

the Corporate Law Economic Reform Program (Audit Reform and

Corporate Disclosure) Act 2004 commences.

Schedule 8 commencement means the day on which Schedule 8 to

the Corporate Law Economic Reform Program (Audit Reform and

Corporate Disclosure) Act 2004 commences.

1454 Audit reforms in Schedule 1 to the amending Act (auditing

standards and audit working papers retention rules)

Sections 307A, 307B and 989CA apply to:

(a) an audit of the financial report for a financial year; or

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(b) an audit or review of the financial report for a half-year in a

financial year;

if the financial year begins on or after 1 July 2004.

1455 Audit reforms in Schedule 1 to the amending Act (adoption of

auditing standards made by accounting profession before

commencement)

(1) The regulations may provide that a standard specified in the

regulations (as in force from time to time) is to have effect, for the

purposes of this Act, as if it had been made by the AUASB under

section 336 on the day specified in the regulations.

(2) The standard must be one made or issued by the Australian

Accounting Research Foundation before the Schedule 1

commencement on behalf of CPA Australia and The Institute of

Chartered Accountants in Australia.

(3) The regulations may provide that the standard is to have effect as if

it specified that it applies to periods ending, or starting, on or after

a date specified in the standard.

(4) Standards prescribed under subsection (1) do not have effect as

auditing standards:

(a) in relation to financial reports for periods ending after

30 June 2006; or

(b) in relation to financial reports for periods ending after a later

date specified by regulations made for the purposes of

subsection (1) before 30 June 2006.

(5) A person does not commit an offence based on a contravention of

section 307A, subsection 308(3A) or 309(5A) or section 989CA

because an audit or review is not conducted in accordance with, or

does not include a statement or disclosure required by, an auditing

standard prescribed under subsection (1) if the audit or review is

conducted in relation to a financial report for a period ending

before that standard ceases to have effect as an auditing standard.

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Chapter 10 Transitional provisions

Part 10.5 Transitional provisions relating to the Corporate Law Economic Reform

Program (Audit Reform and Corporate Disclosure) Act 2004

Section 1456

118 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: This subsection does not prevent, however, other action being taken

on the basis of the failure to comply with the auditing standard (for

example, the person’s failure to comply with the standard being

referred to the Companies Auditors and Liquidators Disciplinary

Board).

1456 Audit reforms in Schedule 1 to the amending Act (new

competency standard provisions)

If an application by a person for registration as a registered

company auditor:

(a) is lodged with ASIC before the Schedule 1 commencement;

and

(b) has not been determined before that day;

section 1280 of the old Act continues to apply to the application

despite the amendments made by the amending Act.

1457 Audit reforms in Schedule 1 to the amending Act (new annual

statement requirements for auditors)

(1) The requirement under section 1287A for a registered company

auditor to lodge an annual statement applies from the first

anniversary of the auditor’s registration that occurs on or after

1 January 2005.

(2) The first annual statement lodged under section 1287A should

cover the period commencing either:

(a) immediately after the period covered by the last triennial

statement; or

(b) the day on which the auditor was registered;

whichever is later, and ending on the first anniversary of

registration occurring on or after 1 January 2005.

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(Audit Reform and Corporate Disclosure) Act 2004 Part 10.5

Section 1458

Corporations Act 2001 119

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1458 Audit reforms in Schedule 1 to the amending Act (imposition

of conditions on existing registration as company auditor)

ASIC may impose conditions on a person’s registration as a

company auditor under section 1289A even if the registration took

effect before the Schedule 1 commencement.

1459 Audit reforms in Schedule 1 to the amending Act (application

of items 62 and 63)

The amendments made by items 62 and 63 of Schedule 1 to the

amending Act apply to periods that start on or after 1 January

2005.

1460 Audit reforms in Schedule 1 to the amending Act (non-audit

services disclosure)

Subsections 300(11B) to (11E) apply to an audit of the financial

report for a financial year if the financial year begins on or after

1 July 2004.

1461 Audit reforms in Schedule 1 to the amending Act (auditor

appointment)

(1) Section 324AC applies to all appointments of firms as auditor

(including an appointment that was made before the Schedule 1

commencement).

(2) The appointment of a person as auditor of a company or registered

scheme made before the Schedule 1 commencement under

section 327 or 331AB of the old Act remains valid and effective

despite the repeal of that section.

(3) An approval by ASIC that is in force under subsection 324(12) of

the old Act immediately before the Schedule 1 commencement has

effect on and after the Schedule 1 commencement as if it had been

given under section 324B.

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Part 10.5 Transitional provisions relating to the Corporate Law Economic Reform

Program (Audit Reform and Corporate Disclosure) Act 2004

Section 1462

120 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1462 Audit reforms in Schedule 1 to the amending Act (auditor

independence)

(1) Section 307C applies to a financial report for financial years that

start on or after 1 July 2004.

(2) Division 3 of Part 2M.4 applies to:

(a) an audit of the financial report for a financial year; or

(b) an audit or review of the financial report for a half-year in a

financial year;

if the financial year begins on or after 1 July 2004.

(2A) The following provisions of the old Act continue to apply to an

audit of the financial report for a financial year, or an audit or

review of the financial report for a half-year in a financial year, if

the financial year begins before 1 July 2004:

(a) subsections 324(1) to (6) (inclusive) (other than paragraphs

324(1)(d) and (2)(d) and (e));

(b) subsection 324(11);

(c) subsection 327(4);

(d) section 331AA (other than paragraphs 331AA(1)(d) and

(2)(d) and (e)).

Subsection 331AA(4) of the old Act continues to apply as if the

references in that subsection to subsections 324(7), (8), (9), (10)

and (16) were omitted.

(3) Division 3 of Part 2M.4 applies to all relationships that exist on or

after the Schedule 1 commencement between an auditor and an

audited body (including a relationship that exists because of

circumstances that came into existence before the Schedule 1

commencement).

(4) Without limiting subsection (3), the items in the table in

subsection 324CH(1) apply to circumstances that exist on or after

the Schedule 1 commencement (including circumstances that exist

because of events that occurred before the Schedule 1

commencement).

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Section 1462

Corporations Act 2001 121

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(5) Item 9 of the table in subsection 324CE(5) applies to a person who

ceases to be a professional employee of the individual auditor

concerned on or after the Schedule 1 commencement.

(6) Item 10 of the table in subsection 324CE(5) applies to a person

who ceases to own the business of the individual auditor concerned

on or after the Schedule 1 commencement.

(7) Item 11 of the table in subsection 324CF(5) applies to a person

who ceases to be a member of the audit firm concerned on or after

the Schedule 1 commencement.

(8) Item 12 of the table in subsection 324CF(5) applies to a person

who ceases to be a professional employee of the auditor firm

concerned on or after the Schedule 1 commencement.

(9) Item 11 of the table in subsection 324CG(9) applies to a person

who ceases to be an officer of the audit company concerned on or

after the Schedule 1 commencement.

(10) Item 12 of the table in subsection 324CG(9) applies to a person

who ceases to be a professional employee of the audit company

concerned on or after the Schedule 1 commencement.

(11) Section 324CI applies only if the relevant departure time for the

purposes of that section occurs on or after the Schedule 1

commencement.

(12) Section 324CJ applies only if the relevant departure time for the

purposes of that section occurs on or after the Schedule 1

commencement.

(13) Section 324CK applies to a person only if:

(a) the person is on the Schedule 1 commencement, or becomes

after the Schedule 1 commencement, a member of the audit

firm concerned or a director of the audit company concerned;

and

(b) becomes an officer of the audited body concerned on or after

the Schedule 1 commencement.

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Part 10.5 Transitional provisions relating to the Corporate Law Economic Reform

Program (Audit Reform and Corporate Disclosure) Act 2004

Section 1463

122 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1463 Audit reforms in Schedule 1 to the amending Act (auditor

rotation)

Division 5 of Part 2M.4 applies to:

(a) an audit of the financial report for a financial year; or

(b) an audit or review of the financial report for a half-year in a

financial year;

if the financial year begins on or after 1 July 2006.

1464 Audit reforms in Schedule 1 to the amending Act (listed

company AGMs)

The amendments made by Part 5 of Schedule 1 to the amending

Act apply to AGMs at which financial reports for financial years

that commence on or after 1 July 2004 are considered.

1465 Schedule 2 to the amending Act (financial reporting)

(1) The amendments made by Part 1 of Schedule 2 to the amending

Act apply to directors’ declarations in relation to financial reports

for financial years that start on or after 1 July 2004.

(2) The amendments made by Part 2 of Schedule 2 to the amending

Act apply to directors’ reports for financial years that start on or

after 1 July 2004.

(3) The amendments made by Part 3 of Schedule 2 apply to financial

reports lodged with ASIC on or after 1 January 2004.

1466A Schedule 2A to the amending Act (true and fair view)

The amendments made by Schedule 2A to the amending Act apply

to directors’ reports for periods that start on or after 1 July 2004.

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(Audit Reform and Corporate Disclosure) Act 2004 Part 10.5

Section 1466

Corporations Act 2001 123

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1466 Schedule 3 to the amending Act (proportionate liability)

The amendments made to this Act and the Trade Practices Act

1974 by Schedule 3 to the amending Act apply to causes of action

that arise on or after the day on which that Schedule commences.

1467 Schedule 4 to the amending Act (enforcement)

(1) The amendments made by Part 2 of Schedule 4 apply to all

disclosures made on or after the day on which this Act receives the

Royal Assent (including a disclosure of information about

circumstances that arose before that day).

(2) Section 206BA applies to disqualifications from managing

corporations that occur because of convictions on or after the

Schedule 4 commencement.

(3) The amendments made by Part 4 of Schedule 4 to the amending

Act apply in relation to a contravention of a financial services civil

penalty provision that occurs on or after the day on which this Act

receives the Royal Assent.

1468 Schedule 5 to the amending Act (remuneration of directors and

executives)

(1) Subject to subsections (2) and (3), the amendments made by

Schedule 5 to the amending Act apply to financial years

commencing on or after 1 July 2004.

(2) The amendments made by items 4, 4A and 5 of Schedule 5 to the

amending Act apply to an agreement only if the agreement is

entered into on or after the Schedule 5 commencement.

(3) The amendments made by items 6, 7 and 8 of Schedule 5 to the

amending Act apply to remuneration reports for financial years that

start on or after 1 July 2004.

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Part 10.5 Transitional provisions relating to the Corporate Law Economic Reform

Program (Audit Reform and Corporate Disclosure) Act 2004

Section 1469

124 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1469 Schedule 6 to the amending Act (continuous disclosure)

(1) The amendments made by Part 1 of Schedule 6 to the amending

Act apply in relation to a contravention of subsection 674(2) or

675(2) that occurs on or after the day on which this Act receives

the Royal Assent.

(2) The amendments made by Part 2 of Schedule 6 to the amending

Act apply in relation to a failure by a disclosing entity to comply

with subsection 674(2) or 675(2) that occurs on or after the day on

which this Act receives the Royal Assent.

1470 Schedule 7 to the amending Act (disclosure rules)

(1) The amendments made by Part 1 of Schedule 7 to the amending

Act apply to a disclosure document for an offer of securities if the

disclosure document is lodged with ASIC on or after the day on

which this Act receives the Royal Assent.

(2) The amendments made by Part 2 of Schedule 7 to the amending

Act apply to a Product Disclosure Statement that is required to be

given on or after the day on which this Act receives the Royal

Assent.

(3) The amendment made by items 10 and 11 of Schedule 7 to the

amending Act applies to an offer of debentures that is made on or

after the day on which this Act receives the Royal Assent.

(4) Section 708A applies to an offer of securities for sale that is made

on or after the day on which this Act receives the Royal Assent.

(5) Section 1012DA applies to:

(a) a recommendation situation if the relevant conduct (within

the meaning of subsection 1012A(2)); and

(b) a sale situation if the relevant conduct (within the meaning of

subsection 1012C(2));

occurs on or after the day on which this Act receives the Royal

Assent.

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Section 1471

Corporations Act 2001 125

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1471 Schedule 8 to the amending Act (shareholder participation and

information)

(1) The amendments made by items 1 to 6, 13 and 17 of Schedule 8 to

the amending Act apply to a notice of a meeting of a company’s

members that is given after 30 September 2004.

(2) The amendments made by items 7 to 12 and 14 of Schedule 8 to

the amending Act apply to an appointment of a proxy that is made

on or after the Schedule 8 commencement.

(2A) The amendment made by item 14A of Schedule 8 to the amending

Act applies to reports for financial years that start on or after 1 July

2004.

(3) The amendment made by item 15 of Schedule 8 to the amending

Act applies to a directors’ report for a financial year that starts on

or after 1 July 2004.

(4) The amendment made by item 16 of Schedule 8 to the amending

Act applies to a report referred to in subsection 314(1) for a

financial year that starts on or after 1 July 2004.

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Chapter 10 Transitional provisions

Part 10.8 Transitional provisions relating to the Corporations Amendment (Takeovers)

Act 2007

Section 1478

126 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.8—Transitional provisions relating to the

Corporations Amendment (Takeovers) Act

2007

1478 Application of amendments of the takeovers provisions

(1) The amendments made by Schedule 1 to the Corporations

Amendment (Takeovers) Act 2007 apply in relation to an

application under section 657C (including any review under

section 657EA of the decision made on the application) if:

(a) the application under section 657C is made on or after the

commencement of that Schedule; or

(b) the application under section 657C was made before the

commencement of that Schedule but the Panel has not finally

disposed of the application before the commencement of that

Schedule.

For the purposes of paragraph (b), the Panel does not finally

dispose of an application under section 657C until the Panel has

disposed of any review under section 657EA of the decision made

on the application.

(2) To avoid doubt, the amendments apply in relation to the

application even if the circumstances to which the application

relates arose before the commencement of Schedule 1 to the

Corporations Amendment (Takeovers) Act 2007.

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Transitional provisions relating to the Corporations Amendment (Insolvency) Act 2007

Part 10.9

Section 1479

Corporations Act 2001 127

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.9—Transitional provisions relating to the

Corporations Amendment (Insolvency) Act

2007

1479 Definition

In this Part:

amending Act means the Corporations Amendment (Insolvency)

Act 2007.

1480 Schedule 1 to the amending Act (improving outcomes for

creditors)

(1) The amendment made by item 4 of Schedule 1 to the amending

Act, in so far as it relates to a company subject to a deed of

company arrangement, applies if the administration that ended on

the execution of the deed began on or after the day on which that

item commences.

(2) The amendments made by items 5 to 9 of Schedule 1 to the

amending Act, in so far as they relate to the winding up of a

company, apply if the relevant date is on or after the day on which

those items commence.

(3) The amendments made by items 6 to 9 of Schedule 1 to the

amending Act, in so far as they relate to a company subject to a

deed of company arrangement, apply if the administration that

ended on the execution of the deed began on or after the day on

which those items commence.

(4) The amendments made by items 6 to 9 of Schedule 1 to the

amending Act, in so far as they relate to a company to which

section 433 applies, apply if the relevant date (within the meaning

of that section) is on or after the day on which those items

commence.

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Part 10.9 Transitional provisions relating to the Corporations Amendment (Insolvency)

Act 2007

Section 1480

128 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(5) The amendment made by item 20 of Schedule 1 to the amending

Act applies in relation to a receiver appointed on or after the day

on which that item commences.

(6) The amendments made by items 21, 24, 25, 26 and 28 of

Schedule 1 to the amending Act apply to the administrator of a

company if the administrator is appointed on or after the day on

which those items commence.

(7) The amendments made by items 30, 31, 32, 33, 35, 36, 37, 38, 39

and 40 of Schedule 1 to the amending Act apply in relation to the

liquidator of a company if the winding up of the company begins

on or after the day on which those items commence.

(8) The amendment made by item 52 of Schedule 1 to the amending

Act applies in relation to a compromise or arrangement if an

application relating to the compromise or arrangement was made

under subsection 411(1) on or after the day on which that item

commences.

(9) The amendments made by items 53, 54, 55, 56 and 57 of

Schedule 1 to the amending Act do not apply in relation to an

account opened before the day on which that item commences.

(10) The amendments made by items 59, 60, 61, 62 and 64 of

Schedule 1 to the amending Act apply in relation to a managing

controller of property of a corporation if:

(a) the managing controller is appointed on or after the day on

which those items commence; or

(b) the managing controller enters into possession, or takes

control, of property of the corporation on or after the day on

which those items commence.

(11) Despite the amendments made by items 65 and 66 of Schedule 1 to

the amending Act:

(a) subsection 427(1) continues to apply, in relation to an order

obtained, or an appointment made, before the day on which

those items commence, as if those amendments had not been

made; and

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(b) subsection 427(1A) continues to apply, in relation to an

appointment made before the day on which those items

commence, as if those amendments had not been made; and

(c) subsection 427(1B) continues to apply, in relation to an entry

into possession, or a taking of control, before the day on

which those items commence, as if those amendments had

not been made; and

(d) subsection 427(4) continues to apply, in relation to a

cessation before the day on which those items commence, as

if those amendments had not been made.

(12) The amendments made by items 70, 71 and 72 of Schedule 1 to the

amending Act, in so far as they relate to a company under

administration, apply if the administration begins on or after the

day on which those items commence.

(13) The amendment made by item 75 of Schedule 1 to the amending

Act applies to a meeting if the meeting is convened on or after the

day on which that item commences.

(14) The amendments made by items 87, 88, 92, 93 and 94 of

Schedule 1 to the amending Act apply to a transfer or alteration

that occurs on or after the day on which those items commence.

(15) The amendments made by items 91, 96, 97, 98, 99, 100, 102, 103,

104, 105, 106, 107, 108, 109, 110, 111 and 112 of Schedule 1 to

the amending Act apply in relation to a winding up of a company if

the winding up begins on or after the day on which those items

commence.

(16) Despite the repeal of subsection 506(4) by item 113 of Schedule 1

to the amending Act, that subsection continues to apply, in relation

to the liquidators of a company where the winding up of the

company began before the day on which that item commences, as

if that repeal had not happened.

(17) Sections 434D, 434E, 434F and 434G apply in relation to persons

appointed on or after the day on which those sections commence.

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Part 10.9 Transitional provisions relating to the Corporations Amendment (Insolvency)

Act 2007

Section 1481

130 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(18) Section 530 applies in relation to the liquidators of a company if

the winding up of the company begins on or after the day on which

that section commences.

(19) Section 530AA applies to persons appointed on or after the day on

which that section commences.

(20) Subsections 571(1) and 579E(1) of the amended Act apply in

relation to a group of 2 or more companies if the winding up of

each company in the group begins on or after the day on which

those subsections commence.

1481 Schedule 2 to the amending Act (deterring corporate

misconduct)

(1) The amendment made by item 2 of Schedule 2 to the amending Act

applies in relation to a compromise or arrangement if an

application relating to the compromise or arrangement was made

under subsection 411(1) on or after the day on which that item

commences.

(2) The amendment made by item 11 of Schedule 2 to the amending

Act applies in relation to a matter that appears to a person:

(a) during the 6-month period ending when that item

commences; or

(b) on or after the day on which that item commences;

where the relevant date is on or after the day on which that item

commences.

(3) Section 489A applies in relation to a section 486B warrant if the

warrant is issued on or after the day on which that section

commences.

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Corporations Act 2001 131

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1482 Schedule 3 to the amending Act (improving regulation of

insolvency practitioners)

(1) The amendment made by item 7 of Schedule 3 to the amending Act

applies to an application for registration if the application was

made on or after the day on which that item commences.

(2) Despite the amendment made by item 9 of Schedule 3 to the

amending Act, subsection 1288(3) continues to apply, in relation to

a 3-year period ending before the day on which that item

commences, as if that amendment had not been made.

(3) Subsection 1288(3) as amended by item 9 of Schedule 3 to the

amending Act applies as follows:

(a) in the case of a person whose first 12 months of registration

ends on or after the day on which that item commences—that

subsection applies in relation to:

(i) the person’s first 12 months of registration; and

(ii) each subsequent period of 12 months;

(b) in the case of a person whose first 12 months of registration

ended before the day on which that item commences—that

subsection applies as if the reference in paragraph 1288(3)(a)

to the day on which the person’s registration begins (the

initial registration day) were a reference to the last

anniversary of the initial registration day that occurred before

the day on which that item commences.

For this purpose, a person’s first 12 months of registration is the

period of 12 months beginning on the day on which the person’s

registration begins.

(4) The amendment made by item 12 of Schedule 3 to the amending

Act applies in relation to a decision made on or after the day on

which that item commences.

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Part 10.9 Transitional provisions relating to the Corporations Amendment (Insolvency)

Act 2007

Section 1483

132 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1483 Schedule 4 to the amending Act (fine-tuning voluntary

administration)

(1) The amendments made by items 1, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15,

16, 17, 18, 19, 20, 21, 22, 39, 40, 45, 49, 51, 52, 53, 54, 55, 56, 57,

59, 60, 61 and 62 of Schedule 4 to the amending Act, in so far as

they relate to a company under administration, apply if the

administration begins on or after the day on which those items

commence.

(2) The amendments made by items 2, 3 and 4 of Schedule 4 to the

amending Act apply to an appointment of an administrator if the

appointment is made on or after the day on which those items

commence.

(3) The amendment made by item 8 of Schedule 4 to the amending Act

applies to a transfer or alteration that occurs on or after the day on

which that item commences.

(4) The amendments made by items 23, 24, 25, 26 and 28 of

Schedule 4 to the amending Act, in so far as they apply to a

company that is, or is proposed to be, subject to a deed of company

arrangement, apply if the administration that ends, or is to end, on

the execution of the deed, began on or after the day on which those

items commence.

(5) The amendments made by items 27, 29, 30, 31, 32, 33, 34, 35, 36,

39, 40, 43, 44, 46, 55, 56 and 57 of Schedule 4 to the amending

Act, in so far as they relate to a company subject to a deed of

company arrangement, apply if the administration that ended on

the execution of the deed began on or after the day on which those

items commence.

(6) Items 37 and 38 of Schedule 4 to the amending Act apply in

relation to a company if the winding up of the company begins on

or after the day on which those items commence.

(7) The amendments made by items 41 and 42 of Schedule 4 to the

amending Act apply in relation to a company subject to a deed

arrangement if the administration that ended on the execution of

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the deed began on or after the day on which those items

commence.

(8) The amendments made by items 63, 65, 66, 67, 69 and 70 of

Schedule 4 to the amending Act, in so far as they relate to the

winding up of a company, apply if the relevant date is on or after

the day on which those items commence.

(9) Section 440BA, in so far as it relates to a company under

administration, applies if the administration begins on or after the

day on which that section commences.

Note: Section 440BA was repealed by the Personal Property Securities

(Corporations and Other Amendments) Act 2010, and was replaced

with a new section 440B incorporating the same substantive rules.

Section 1507 preserves the operation of this subsection.

(10) Section 440BB does not apply to distress for rent that began to be

carried out before the day on which that section commences.

Note: Section 440BB was repealed by the Personal Property Securities

(Corporations and Other Amendments) Act 2010, and was replaced

with a new section 440B incorporating the same substantive rules.

Section 1507 preserves the operation of this subsection.

(11) Subsections 442C(7) and (8), in so far as they relate to a company

under administration, apply if the administration begins on or after

the day on which those subsections commence.

(12) Subsections 442C(7) and (8), in so far as they relate to a company

subject to a deed of company arrangement, apply if the

administration that ended on the execution of the deed began on or

after the day on which those subsections commence.

(13) Section 446C applies in relation to a company as follows:

(a) if the company was under administration immediately before

the liquidation time referred to in that section—the

administration begins on or after the day on which that

section commences;

(b) if the company was subject to a deed of company

arrangement immediately before the liquidation time referred

to in that section—the administration that ended on the

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Act 2007

Section 1483

134 Corporations Act 2001

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execution of the deed began on or after the day on which that

section commences.

(14) Subsection 588FE(2A) applies in relation to a company if the

administration referred to paragraph 588FE(2A)(b) begins on or

after the day on which that subsection commences.

(15) Subsection 588FE(2B) applies in relation to a company if the

administration that ended on the execution of the deed of company

arrangement referred to in paragraph 588FE(2B)(b) began on or

after the day on which that subsection commences.

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2008 Part 10.10

Section 1484

Corporations Act 2001 135

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.10 Transitional provisions relating to the

Corporations Amendment (Short Selling)

Act 2008

1484 Declarations under paragraph 1020F(1)(c) relating to short

selling

(1) To avoid doubt, an instrument mentioned in subsection (2) that was

made at a particular time was validly made under

paragraph 1020F(1)(c) at that time.

(2) The instruments are as follows:

(a) ASIC Class Order [CO 08/751], registered on the Federal

Register of Legislative Instruments on 22 September 2008;

(b) ASIC Class Order [CO 08/752], registered on the Federal

Register of Legislative Instruments on 22 September 2008;

(c) ASIC Class Order [CO 08/753], registered on the Federal

Register of Legislative Instruments on 22 September 2008;

(d) ASIC Class Order [CO 08/763], registered on the Federal

Register of Legislative Instruments on 23 September 2008;

(e) ASIC Class Order [CO 08/801], registered on the Federal

Register of Legislative Instruments on 24 October 2008.

(3) To avoid doubt, an instrument (if any) that:

(a) was made at a time:

(i) after 24 October 2008; and

(ii) before the commencement of this section; and

(b) is of substantially the same nature as the instruments

mentioned in subsection (2); and

(c) was registered on the Federal Register of Legislative

Instruments:

(i) after 24 October 2008; and

(ii) before the commencement of this section;

was validly made under paragraph 1020F(1)(c) at that time.

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Part 10.10 Transitional provisions relating to the Corporations Amendment (Short

Selling) Act 2008

Section 1484

136 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(4) This section applies on and after 19 September 2008.

(5) In this section:

Federal Register of Legislative Instruments means the Federal

Register of Legislative Instruments established under the

Legislative Instruments Act 2003.

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10.11

Section 1485

Corporations Act 2001 137

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.11—Transitional provisions relating to the

Corporations Amendment (No. 1) Act 2009

1485 Application of new subsection 206B(6)

The amendments made by item 2 of Schedule 1 to the

Corporations Amendment (No. 1) Act 2009 apply to an order made

by a court of a foreign jurisdiction on or after the commencement

of that item.

1486 Application of new section 206EAA

The amendments made by item 3 of Schedule 1 to the

Corporations Amendment (No. 1) Act 2009 apply to a

disqualification under a law of a foreign jurisdiction that arises on

or after the commencement of that item.

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Chapter 10 Transitional provisions

Part 10.12 Transitional provisions relating to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

Division 1 Transitional provisions relating to Schedule 1 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act 2009

Section 1487

138 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.12—Transitional provisions relating to the

Corporations Legislation Amendment

(Financial Services Modernisation) Act

2009

Division 1—Transitional provisions relating to Schedule 1

to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

1487 Definitions

(1) In this Division:

amended Corporations Act means this Act as in force after

commencement.

amending Schedule means Schedule 1 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act

2009.

commencement means the day on which the amending Schedule

commences.

margin lending financial service has the meaning given by

subsection 1488(2).

(2) Terms that are used in this Division and that are defined in

Division 2 of Part 7.1 have the same meanings as they are given by

that Division.

1488 Application of amendments—general

(1) The amendments made by the amending Schedule apply in relation

to a margin lending financial service that is provided on or after the

day that is 12 months after commencement.

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Services Modernisation) Act 2009 Part 10.12

Transitional provisions relating to Schedule 1 to the Corporations Legislation

Amendment (Financial Services Modernisation) Act 2009 Division 1

Section 1489

Corporations Act 2001 139

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) A margin lending financial service is:

(a) a dealing in a margin lending facility that was issued after

commencement; or

(b) the provision of financial product advice in relation to a

margin lending facility that was issued after commencement.

1489 Applications of amendments—application for and grant of

licences etc. authorising margin lending financial services

(1) Despite section 1488, during the period that:

(a) starts at the start of the day that is one month after

commencement; and

(b) ends at the end of the day before the day that is 12 months

after commencement;

subsections (2) and (3) apply.

(2) A person may:

(a) apply under section 913A of the amended Corporations Act

for an Australian financial services licence that authorises the

person to provide a margin lending financial service; and

(b) apply under section 914A of the amended Corporations Act

for a variation of a condition of an Australian financial

services licence to authorise the person to provide a margin

lending financial service.

(3) ASIC may:

(a) grant an Australian financial services licence to a person

under section 913B of the amended Corporations Act that

authorises the person to provide a margin lending financial

service, and otherwise deal with that licence (for example, by

suspending or cancelling it) under Chapter 7; and

(b) impose or vary conditions on an Australian financial services

licence under section 914A of the amended Corporations Act

to authorise a person to provide a margin lending financial

service, and otherwise deal with those conditions (for

example, by revoking or varying them) under Chapter 7;

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Part 10.12 Transitional provisions relating to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

Division 1 Transitional provisions relating to Schedule 1 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act 2009

Section 1490

140 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

but the Australian financial services licence, condition, or variation

of a condition, does not take effect until the day that is 12 months

after commencement.

1490 Application of amendments—between 6 and 12 months after

commencement

(1) Despite section 1488, the amendments made by the amending

Schedule apply in relation to a margin lending financial service

that is provided during the period that:

(a) starts at the start of the day that is 6 months after

commencement; and

(b) ends at the end of the day before the day that is 12 months

after commencement;

but only if, at the time the margin lending financial service is

provided, subsection (2) or (3) applies to:

(c) the person who provides the margin lending financial service;

and

(d) if the margin lending financial service is provided on behalf

of another person—the person on whose behalf the margin

lending financial service is provided.

(2) This subsection applies to a person if the person is an Australian

financial services licensee and either:

(a) has not applied for a condition of the licence to be varied to

authorise the person to provide the margin lending financial

service; or

(b) has applied for a condition of the licence to be varied to

authorise the person to provide the margin lending financial

service, but has been notified by ASIC that the application

has been refused.

(3) This subsection applies to a person if the person is not an

Australian financial services licensee and either:

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Amendment (Financial Services Modernisation) Act 2009 Division 1

Section 1491

Corporations Act 2001 141

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) has not applied for an Australian financial services licence

that authorises the person to provide the margin lending

financial service; or

(b) has applied for an Australian financial services licence that

authorises the person to provide the margin lending financial

service, but has been notified by ASIC that the application

has been refused.

1491 Acquisition of property

(1) Despite section 1350, a provision of this Division does not apply,

and is taken never to have applied, to the extent that the operation

of the provision would result in an acquisition of property from a

person otherwise than on just terms.

(2) In subsection (1), acquisition of property and just terms have the

same meanings as in paragraph 51(xxxi) of the Constitution.

1492 Regulations

(1) The regulations may make provisions of a transitional, application

or saving nature relating to this Division and the amendments and

repeals made by the amending Schedule.

(2) Without limiting subsection (1), regulations made for the purpose

of that subsection may modify provisions of this Act.

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Part 10.12 Transitional provisions relating to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

Division 2 Transitional provisions relating to Schedule 2 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act 2009

Section 1493

142 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 2—Transitional provisions relating to Schedule 2

to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

1493 Definitions

In this Division:

amending Schedule means Schedule 2 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act

2009.

commencement means the commencement of the amending

Schedule.

modify includes make additions, omissions and substitutions.

1494 Transitional provisions relating to limit on control of trustee

companies

(1) This section applies in relation to a person and a trustee company

if, immediately before the commencement of Part 5D.5, the

percentage (the pre-commencement percentage) of the person’s

voting power in the trustee company exceeded 15%.

(2) Subject to subsection (3), Part 5D.5 applies in relation to the

person and the trustee company as if paragraph 601VAA(a)

specified the pre-commencement percentage (rather than 15%).

(3) If, after the commencement of Part 5D.5, the percentage of the

person’s voting power in the trustee company is reduced, the

following provisions have effect from the time of the reduction:

(a) if the reduced percentage exceeds 15%—Part 5D.5 applies in

relation to the person and the trustee company as if

paragraph 601VAA(a) specified the reduced percentage

(rather than 15%);

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Services Modernisation) Act 2009 Part 10.12

Transitional provisions relating to Schedule 2 to the Corporations Legislation

Amendment (Financial Services Modernisation) Act 2009 Division 2

Section 1495

Corporations Act 2001 143

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) if the reduced percentage is 15% or less—this section ceases

to apply, and never again applies, in relation to the person

and the trustee company.

1495 Transitional provisions relating to the amendments of

Chapter 7

(1) This section applies to each company:

(a) that is a trustee company immediately after the

commencement of the first regulations made for the purpose

of paragraph 601RAB(1)(b); and

(b) that, at that time, holds an Australian financial services

licence.

(2) During the period of 6 months starting on the commencement of

those regulations:

(a) the company’s Australian financial services licence is taken

to cover the provision by the company of traditional trustee

company services; and

(b) section 601TAB does not apply in relation to the company;

and

(c) Part 7.7 does not apply in relation to traditional trustee

company services provided by the company.

Note: If the company wants to continue to provide traditional trustee

company services after the end of the 6 month period, it will (before

the end of that period) need to apply to ASIC to have the conditions of

its licence varied to cover those services.

(3) To avoid doubt, subsection (2) does not limit ASIC’s powers under

Part 7.6 (whether during or after the period of 6 months) in relation

to the company’s Australian financial services licence.

Note: For example, ASIC may (under Subdivision B of Division 4 of

Part 7.6) impose or vary licence conditions, or may (under

Subdivision C of Division 4 of Part 7.6) vary, cancel or suspend the

licence.

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Part 10.12 Transitional provisions relating to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

Division 2 Transitional provisions relating to Schedule 2 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act 2009

Section 1496

144 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1496 General power for regulations to deal with transitional matters

(1) The regulations may make provisions of a transitional, application

or saving nature in relation to any of the following:

(a) the transition from the regime provided for by laws of the

States and Territories (as in force before commencement)

relating to trustee companies to the regime provided for by

this Act as amended by the amending Schedule;

(b) the amendments and repeals made to this Act by the

amending Schedule.

(2) Without limiting subsection (1), regulations made for the purpose

of that subsection may modify provisions of this Act.

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Transitional provisions relating to the Corporations Legislation Amendment (Financial

Services Modernisation) Act 2009 Part 10.12

Transitional provisions relating to Schedule 3 to the Corporations Legislation

Amendment (Financial Services Modernisation) Act 2009 Division 3

Section 1497

Corporations Act 2001 145

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 3—Transitional provisions relating to Schedule 3

to the Corporations Legislation Amendment

(Financial Services Modernisation) Act 2009

1497 Definitions

In this Division:

amending Schedule means Schedule 3 to the Corporations

Legislation Amendment (Financial Services Modernisation) Act

2009.

1498 Application of amendments

(1) The amendment made by item 1 of the amending Schedule applies

to promissory notes made after the commencement of that item.

(2) The amendment made by item 2 of the amending Schedule applies

to trustees appointed on or after the commencement of that item.

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Chapter 10 Transitional provisions

Part 10.13 Transitional provisions relating to the Personal Property Securities

(Corporations and Other Amendments) Act 2009

Section 1499

146 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.13—Transitional provisions relating to the

Personal Property Securities (Corporations

and Other Amendments) Act 2009

1499 Definitions

In this Part:

amending Act means the Personal Property Securities

(Corporations and Other Amendments) Act 2010.

commencement time means the time item 187 of Schedule 1 to the

amending Act commences.

Note: Item 187 of Schedule 1 to the amending Act inserts sections 1499 to

1510. The item commences at the registration commencement time

within the meaning of section 306 of the Personal Property Securities

Act 2009 (as provided by section 2 of the amending Act).

registrable charge means a charge created before the

commencement time that was a registrable charge within the

meaning of section 261 when it was created.

1500 Charges, liens and pledges—continuation of restriction of

references

(1) This section applies despite the amendment of this Act made by

item 10 of Schedule 1 to the amending Act if a reference to a

charge in a provision of this Act, as in force immediately before

the commencement time, did not include a reference to a lien or a

pledge, or any other particular form of security over the property.

Note: Item 10 of Schedule 1 to the amending Act inserts the definition of

security interest in section 51A.

(2) In its application in relation to an interest in property created or

arising before the commencement time, or under an agreement or

instrument made before that time, the reference in that provision

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Section 1501

Corporations Act 2001 147

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(as amended by the amending Act) to a security interest does not

include a reference to a lien or a pledge, or that particular form of

security over the property, as the case may be.

1501 Charges, liens, pledges and third party property—application

The amendments made by Part 1 (new concepts) of Schedule 1 to

the amending Act apply:

(a) in relation to charges, liens and pledges, whether created or

arising before, at or after the commencement time; and

(b) in relation to property owned, occupied or used by, or in the

possession of, a corporation, whether the ownership,

occupation, use or possession started before, at or after the

commencement time.

1501A References to the whole or substantially the whole of a

company’s property

(1) This section applies to a transitional security interest within the

meaning of the Personal Property Securities Act 2009.

Note: For the meaning of transitional security interest, see section 308 of

the Personal Property Securities Act 2009.

(2) In working out for the purposes of this Act whether the security

interest covers the whole, or substantially the whole, of the

company’s property at a time (the later time) that is at or after the

commencement time, disregard any of the company’s property that

is PPSA retention of title property of the company at the later time.

Note: This Act gives certain powers to secured parties who hold security

interests over the whole, or substantially the whole, of a company’s

property (for example, the power to appoint an administrator under

section 436C).

1501B Constructive notice of registrable charges

Section 130 does not apply in relation to a document that has been

lodged with ASIC to the extent that the document relates to a

registrable charge.

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Part 10.13 Transitional provisions relating to the Personal Property Securities

(Corporations and Other Amendments) Act 2009

Section 1502

148 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: Section 130 provides that a person is not taken to have information

about a company merely because the information is available to the

public from ASIC.

1502 Repeal of Chapter 2K (charges)—general

(1) For the period of 7 years after the commencement time, the

amendments made by Part 2 of Schedule 1 to the amending Act do

not apply in relation to registrable charges.

Note: The amendments made by Part 2 of Schedule 1 to the amending Act

repeal Chapter 2K and make consequential amendments to other

provisions.

(2) This section applies subject to sections 1503 to 1506.

1503 Repeal of Chapter 2K (charges)—cessation of requirements in

relation to documents or notices

Scope

(1) This section applies if, immediately before the commencement

time, a document (however described) or notice is required to be

lodged or given by a company or other person under one of the

following provisions:

(a) paragraph 263(1)(a), (b) or (c);

(b) paragraph 263(2)(b);

(c) subsection 263(3);

(d) paragraph 264(1)(a) or (b);

(e) paragraph 265(6)(b);

(f) paragraph 268(1)(a) or (b);

(g) subsection 268(2);

(h) subsection 269(1) or (2);

(i) subsection 270(4).

Requirements that stop applying

(2) Whichever of the following requirements would otherwise apply

stops applying at the commencement time:

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Section 1504

Corporations Act 2001 149

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) the requirement to lodge or give the document or notice;

(b) the requirement for ASIC to enter or delete particulars in the

Register in relation to the document or notice.

1504 Repeal of Chapter 2K (charges)—application of section 266

(1) Subject to this section, section 266 stops applying at the

commencement time in relation to registrable charges.

(2) However, if a registrable charge is void under section 266

immediately before the commencement time, that section continues

to apply in relation to the charge, subject to subsection (3) of this

section.

(3) The Court may, on such terms and conditions as seem to the Court

just and expedient, by order, declare a registrable charge not to be,

and never to have been, void under subsection 266(1) or (3), if:

(a) before the commencement time, the charge is void under

subsection 266(1) or (3) (as the case requires); and

(b) either:

(i) an application is made to the Court under

subsection 266(4) before the commencement time for an

extension of the relevant period, and as at the

commencement time, the Court had not made a decision

in relation to the application; or

(ii) an application is made to the Court at or after the

commencement time for an order under this subsection;

and

(c) the Court is satisfied of the matters set out in

subsection 266(4).

1505 Repeal of Chapter 2K (charges)—cessation of company

registration requirements

The requirements in section 271 (company documentation and

registration of charges) stop applying in relation to registrable

charges at the commencement time.

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Part 10.13 Transitional provisions relating to the Personal Property Securities

(Corporations and Other Amendments) Act 2009

Section 1506

150 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1506 Repeal of Chapter 2K (charges)—priority between registrable

charges

At and after the commencement time, registrable charges have the

priority between themselves that they would have had under this

Act as in force immediately before the commencement time,

subject to Chapter 9 (Transitional provisions) of the Personal

Property Securities Act 2009.

1507 New section 440B (restrictions on third party property rights)

The repeal of sections 440B, 440BA, 440BB and 440C by

item 156 of Schedule 1 to the amending Act does not affect the

operation of subsections 1483(9) and (10) in relation to:

(a) the administration of a company that began at or after the

start of the day section 440BA commenced, and before the

commencement time within the meaning of section 1499; or

(b) distress for rent that began to be carried out before the day

section 440BB commenced.

Note: Sections 440BA and 440BB commenced on 31 December 2007.

1508 New subsection 442CB(1) (administrator’s duty of care)

The amendment of this Act by item 135 of Schedule 1 to the

amending Act does not apply in relation to the exercise of a power

of sale if the power began to be exercised before the

commencement time.

Note: Item 135 of Schedule 1 to the amending Act repealed

subsection 442CB(1) and substituted a new subsection.

1509 New section 588FP (security interests in favour of an officer of

a company etc. void)

Section 588FP does not apply in relation to a registrable charge.

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Other Amendments) Act 2009 Part 10.13

Section 1510

Corporations Act 2001 151

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1510 Winding up applied for before the commencement time

Subject to this Part, the amendments made by the amending Act do

not apply in relation to the winding up of a company under

Part 5.4, Part 5.4A or Part 5.4B, or the subsequent liquidation of

the company, if the application for winding up for the purposes of

those Parts is made before the commencement time.

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Chapter 10 Transitional provisions

Part 10.14 Transitional provisions relating to the Corporations Amendment (Corporate

Reporting Reform) Act 2010

Section 1510A

152 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.14—Transitional provisions relating to the

Corporations Amendment (Corporate

Reporting Reform) Act 2010

1510A Definition

In this Part:

amending Act means the Corporations Amendment (Corporate

Reporting Reform) Act 2010.

1510B Application of Part 1 of Schedule 1 to the amending Act

(1) The amendments made by items 1 to 4, items 11 to 16, items 18 to

23, items 29 and 30, items 32 to 42, items 45 to 47 and items 49 to

51 of Schedule 1 to the amending Act apply in relation to a

company, registered scheme or disclosing entity for financial years

of the company, registered scheme or disclosing entity ending on

or after 30 June 2010.

(1A) The amendment made by item 6 of Schedule 1 to the amending Act

applies in relation to a company limited by guarantee incorporated

on or after the commencement of that item.

(2) The amendments made by items 7 and 48 of Schedule 1 to the

amending Act apply in relation to dividends declared on or after

the commencement of those items.

(3) The amendments made by items 8, 9 and 10 of Schedule 1 to the

amending Act apply in relation to cancellations of paid-up share

capital that occur on or after the commencement of those items.

(4) Despite the amendment made by item 17 of Schedule 1 to the

amending Act, accounting standards made for the purposes of

subsection 295(2) of this Act that were in force immediately before

the commencement of that item continue in force, after that

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Reform) Act 2010 Part 10.14

Section 1510B

Corporations Act 2001 153

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

commencement, as if they were made for the purposes of

subsection 295(2) of this Act as amended by that item.

(5) The amendment made by item 17 of Schedule 1 to the amending

Act applies to a report of a company, registered scheme or

disclosing entity for financial years of the company, registered

scheme or disclosing entity ending on or after 30 June 2010.

(6) The amendments made by items 24 to 28 of Schedule 1 to the

amending Act apply in relation to a company, registered scheme or

disclosing entity for financial years of the company, registered

scheme or disclosing entity ending on or after 30 June 2011.

(7) Despite the amendment made by item 31 of Schedule 1 to the

amending Act, accounting standards made for the purposes of

subsection 303(2) of this Act that were in force immediately before

the commencement of that item continue in force, after that

commencement, as if they were made for the purposes of

subsection 303(2) of this Act as amended by that item.

(8) The amendment made by item 31 of Schedule 1 to the amending

Act applies to a report of a disclosing entity for half-years of the

disclosing entity ending on or after 30 June 2010.

(9) The amendments made by items 43 and 44 of Schedule 1 to the

amending Act apply where the previous financial year of the

company, registered scheme or disclosing entity ends on or after

30 June 2010.

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Chapter 10 Transitional provisions

Part 10.15 Transitional provisions relating to the Corporations Amendment (Financial

Market Supervision) Act 2010

Section 1511

154 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.15—Transitional provisions relating to the

Corporations Amendment (Financial

Market Supervision) Act 2010

1511 Definition

In this Part:

amending Schedule means Schedule 1 to the Corporations

Amendment (Financial Market Supervision) Act 2010.

1512 Application of amendments

(1) The amendments made by items 2, 5 to 11, 14, 17 and 18 of the

amending Schedule apply in relation to Australian market licences

granted before, on or after the commencement of the amending

Schedule.

(2) The amendments made by items 12 and 13 of the amending

Schedule apply in relation to applications for an Australian market

licence:

(a) that were made but had not yet been decided before the day

on which the amending Schedule commences; and

(b) that are made on or after the commencement of the amending

Schedule.

1513 Regulations may deal with transitional matters

(1) The regulations may make provisions of a transitional, application

or saving nature relating to the amendments and repeals made by

the amending Schedule.

(2) Without limiting subsection (1), regulations made for the purpose

of that subsection may modify provisions of this Act.

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Transitional provisions relating to the Corporations Amendment (No. 1) Act 2010 Part

10.16

Section 1516

Corporations Act 2001 155

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.16—Transitional provisions relating to the

Corporations Amendment (No. 1) Act 2010

1516 Application of amendments

(1) The amendments made by items 4 to 8 of Schedule 1 to the

Corporations Amendment (No. 1) Act 2010 apply in relation to

requests made after the commencement of that Schedule to inspect,

or receive a copy of, a register.

(2) The amendment made by item 9 of that Schedule applies in

relation to information obtained from a register before, at or after

the commencement of that Schedule.

(3) The amendments made by items 12 to 14 of that Schedule apply in

relation to offers made after the commencement of that Schedule.

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Part 10.17 Transitional provisions relating to the Corporations Amendment (Improving

Accountability on Director and Executive Remuneration) Act 2011

Section 1517

156 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.17—Transitional provisions relating to the

Corporations Amendment (Improving

Accountability on Director and Executive

Remuneration) Act 2011

1517 Application of Subdivision B of Division 1 of Part 2D.3

Subdivision B of Division 1 of Part 2D.3 applies in relation to the

setting of board limits on or after 1 July 2011.

1518 Application of sections 206J, 206K, 206L and 206M

(1) Section 206J applies to entry into arrangements on or after 1 July

2011, whether the remuneration was for services rendered before,

on or after that day.

(2) Section 206K applies to contracts entered into on or after 1 July

2011.

(3) Sections 206L and 206M apply to recommendations made under

contracts entered into on or after 1 July 2011.

1519 Application of subsection 249L(2)

Subsection 249L(2) as substituted by the Corporations Amendment

(Improving Accountability on Director and Executive

Remuneration) Act 2011 applies in relation to AGMs held on or

after 1 July 2011.

1520 Application of section 250BB

Section 250BB applies to voting on or after 1 August 2011,

whether the proxy was appointed before, on or after that day.

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Transitional provisions relating to the Corporations Amendment (Improving

Accountability on Director and Executive Remuneration) Act 2011 Part 10.17

Section 1521

Corporations Act 2001 157

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1521 Application of section 250BC

Section 250BC applies to appointments of proxies made on or after

1 August 2011.

1522 Application of section 250BD

Section 250BD applies in relation to voting on or after 1 August

2011, whether the matter that is the subject of the resolution relates

to a time before, on or after that day.

1523 Application of subsections 250R(4) to (10)

Subsections 250R(4), (5), (6), (7), (8), (9) and (10) apply in

relation to voting on or after 1 August 2011, whether the

remuneration report concerned relates to a financial year starting

before, on or after that day.

1524 Application of Division 9 of Part 2G.2

Division 9 of Part 2G.2 applies in relation to AGMs held on or

after 1 July 2011.

Note: This has the effect that the Division can apply in relation to a

company only if both of its 2 most recent AGMs have been held on or

after 1 July 2011.

1525 Application of amendments of section 300A

(1) The amendments of section 300A made by the Corporations

Amendment (Improving Accountability on Director and Executive

Remuneration) Act 2011 apply in relation to remuneration reports

for financial years starting on or after 1 July 2011.

(2) Subsection (1) does not apply to the repeal of

subsection 300A(1AAA).

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Part 10.17 Transitional provisions relating to the Corporations Amendment (Improving

Accountability on Director and Executive Remuneration) Act 2011

Section 1525

158 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Saving of regulations made for paragraph 300A(1)(f)

(3) The amendment of paragraph 300A(1)(f) made by the

Corporations Amendment (Improving Accountability on Director

and Executive Remuneration) Act 2011 does not affect the validity

of any regulations in force for the purposes of that paragraph

immediately before that amendment.

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Transitional and application provisions relating to the Future of Financial Advice

Measures Part 10.18

Provisions relating to the Corporations Amendment (Further Future of Financial Advice

Measures) Act 2012 Division 1

Section 1526

Corporations Act 2001 159

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.18—Transitional and application provisions

relating to the Future of Financial Advice

Measures

Division 1—Provisions relating to the Corporations

Amendment (Further Future of Financial Advice

Measures) Act 2012

1526 Definitions

(1) In this Part:

amending Act means the Corporations Amendment (Further

Future of Financial Advice Measures) Act 2012.

custodial arrangement has the same meaning as it has in

subsection 1012IA(1), subject to subsection (2).

platform operator means the provider of a custodial arrangement,

or custodial arrangements.

provider, in relation to a custodial arrangement, has the same

meaning as in subsection 1012IA(1).

(2) The definition of custodial arrangement in subsection 1012IA(1)

is to be read as if the reference in that definition to an instruction

included a reference to:

(a) a direction of the kind mentioned in paragraph 58(2)(d) or

(da) of the Superannuation Industry (Supervision) Act 1993

that will involve the acquisition of a particular financial

product, or a financial product of a particular kind; and

(b) a direction of the kind mentioned in subsection 52B(4) of the

Superannuation Industry (Supervision) Act 1993 that will

involve the acquisition of a particular financial product, or a

financial product of a particular kind.

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Part 10.18 Transitional and application provisions relating to the Future of Financial

Advice Measures

Division 1 Provisions relating to the Corporations Amendment (Further Future of

Financial Advice Measures) Act 2012

Section 1527

160 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1527 Application of best interests obligations

(1) The following apply in relation to the provision of personal advice

to a person as a retail client on or after the application day (whether

or not the advice was sought before that day):

(a) Division 2 of Part 7.7A, as inserted by item 23 of Schedule 1

to the amending Act;

(b) the amendments made by items 6, 7, 8, 9 and 34 of

Schedule 1 to the amending Act.

(2) In this section:

application day, in relation to a financial services licensee or a

person acting as a representative of a financial services licensee,

means:

(a) if the financial services licensee has lodged notice with ASIC

in accordance with subsection 967(1) that the obligations and

prohibitions imposed under Part 7.7A are to apply to the

licensee and persons acting as representatives of the licensee

on and from the day specified in the notice—the day

specified in the notice; or

(b) if the person has not lodged such a notice—1 July 2013.

1528 Application of ban on conflicted remuneration

(1) Subject to subsections (2) and (3), Division 4 of Part 7.7A, as

inserted by item 24 of Schedule 1 to the amending Act, does not

apply to a benefit given to a financial services licensee, or a

representative of a financial services licensee, if:

(a) the benefit is given under an arrangement entered into before

the application day; and

(b) the benefit is not given by a platform operator.

(2) The regulations may prescribe circumstances in which that

Division applies, or does not apply, to a benefit given to a financial

services licensee or a representative of a financial services licensee.

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Measures Part 10.18

Provisions relating to the Corporations Amendment (Further Future of Financial Advice

Measures) Act 2012 Division 1

Section 1529

Corporations Act 2001 161

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(3) Despite subsection (1), that Division does not apply to a benefit

given to a financial services licensee, or a representative of a

financial services licensee, to the extent that the operation of that

Division would result in an acquisition of property (within the

meaning of paragraph 51(xxxi) of the Constitution) from a person

otherwise than on just terms (within the meaning of that paragraph

of the Constitution).

(4) In this section:

application day:

(a) in relation to a financial services licensee or a person acting

as a representative of a financial services licensee, means:

(i) if the financial services licensee has lodged notice with

ASIC in accordance with subsection 967(1) that the

obligations and prohibitions imposed under Part 7.7A

are to apply to the licensee and persons acting as

representatives of the licensee on and from a day

specified in the notice—the day specified in the notice;

or

(ii) in any other case—1 July 2013; and

(b) in relation to any other person who would be subject to an

obligation or prohibition under Division 4 of Part 7.7A if it

applied, means:

(i) if a notice has been lodged with ASIC in accordance

with subsection 967(3) that the obligations and

prohibitions imposed under Part 7.7A are to apply to the

person on and from a day specified in the notice—the

day specified in the notice; or

(ii) in any other case—1 July 2013.

1529 Application of ban on other remuneration—volume-based

shelf-space fees

(1) Subject to subsection (2), Subdivision A of Division 5 of

Part 7.7A, as inserted by item 24 of Schedule 1 to the amending

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Part 10.18 Transitional and application provisions relating to the Future of Financial

Advice Measures

Division 1 Provisions relating to the Corporations Amendment (Further Future of

Financial Advice Measures) Act 2012

Section 1530

162 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act, does not apply to a benefit given to a financial services

licensee, or an RSE licensee, under an arrangement entered into

before the application day.

(2) The regulations may prescribe circumstances in which that

Subdivision applies to a benefit given to a financial services

licensee, or an RSE licensee, under an arrangement entered into

before the application day.

(3) In this section:

application day:

(a) in relation to a financial services licensee or a person acting

as a representative of a financial services licensee, means:

(i) if the financial services licensee has lodged notice with

ASIC in accordance with subsection 967(1) that the

obligations and prohibitions imposed under Part 7.7A

are to apply to the licensee and persons acting as

representatives of the licensee on and from a day

specified in the notice—the day specified in the notice;

or

(ii) in any other case—1 July 2013; and

(b) in relation to any other person who would be subject to an

obligation or prohibition under Subdivision A of Division 5

of Part 7.7A if it applied, means:

(i) if a notice has been lodged with ASIC in accordance

with subsection 967(3) that the obligations and

prohibitions imposed under Part 7.7A are to apply to the

person on and from the day specified in the notice—the

day specified in the notice; or

(ii) in any other case—1 July 2013.

1530 Regulations do not apply where an acquisition of property

otherwise than on just terms would result

Regulations made for the purposes of subsection 1528(2) or

1529(2) do not apply to the extent that the operation of the

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Transitional and application provisions relating to the Future of Financial Advice

Measures Part 10.18

Provisions relating to the Corporations Amendment (Further Future of Financial Advice

Measures) Act 2012 Division 1

Section 1531

Corporations Act 2001 163

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

regulations would result in an acquisition of property (within the

meaning of paragraph 51(xxxi) of the Constitution) from a person

otherwise than on just terms (within the meaning of that

paragraph).

1531 Application of ban on other remuneration—asset-based fees on

borrowed amounts

(1) Subdivision B of Division 5 of Part 7.7A, as inserted by item 24 of

Schedule 1 to the amending Act, applies to asset-based fees

charged on or after the application day on borrowed amounts, but

only to the extent that those amounts are used or to be used to

acquire financial products on or after that day.

(2) Despite subsection (1), that Subdivision does not apply to an

asset-based fee charged on or after the application day, to the

extent that the operation of that Subdivision would result in an

acquisition of property (within the meaning of paragraph 51(xxxi)

of the Constitution) from a person otherwise than on just terms

(within the meaning of that paragraph of the Constitution).

(3) In this section:

application day, in relation to a financial services licensee or a

person acting as a representative of a financial services licensee,

means:

(a) if the financial services licensee has lodged notice with ASIC

in accordance with subsection 967(1) that the obligations and

prohibitions imposed under Part 7.7A are to apply to the

licensee and persons acting as representatives of the licensee

on and from the day specified in the notice—the day

specified in the notice; or

(b) if the person has not lodged such a notice—1 July 2013.

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Chapter 10 Transitional provisions

Part 10.18 Transitional and application provisions relating to the Future of Financial

Advice Measures

Division 2 Provisions relating to the Corporations Amendment (Financial Advice

Measures) Act 2016

Section 1531A

164 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 2—Provisions relating to the Corporations

Amendment (Financial Advice Measures) Act

2016

1531A Definitions

In this Division:

commencement day means the day on which Schedule 1 to the

Corporations Amendment (Financial Advice Measures) Act 2016

commences.

1531B Best interests obligation

The amendments made by items 12, 14A and 16 of Schedule 1 to

the Corporations Amendment (Financial Advice Measures) Act

2016 apply in relation to the provision of personal advice to a

person as a retail client on or after the commencement day.

1531C Renewal notices (opt-in requirement)

(1) The amendment made by item 21 of Schedule 1 to the

Corporations Amendment (Financial Advice Measures) Act 2016

applies in relation to an ongoing fee arrangement for those renewal

notice days for the arrangement that occur on or after the

commencement day.

(2) In this item:

renewal notice day for an ongoing fee arrangement has the same

meaning as it has in Part 7.7A, as in force immediately before the

commencement day.

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Measures Part 10.18

Provisions relating to the Corporations Amendment (Financial Advice Measures) Act

2016 Division 2

Section 1531D

Corporations Act 2001 165

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1531D Disclosure statements

The amendments made by items 20A, 20B and 22 of Schedule 1 to

the Corporations Amendment (Financial Advice Measures) Act

2016 apply in relation to an ongoing fee arrangement for those

disclosure days for the arrangement that occur on or after the

commencement day.

1531E Conflicted remuneration

The amendments made by items 23 to 35 of Schedule 1 to the

Corporations Amendment (Financial Advice Measures) Act 2016

apply in relation to a benefit if:

(a) the benefit is one to which Division 4 of Part 7.7A applies

under section 1528; and

(b) the benefit is given on or after the commencement day.

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Chapter 10 Transitional provisions

Part 10.19 Transitional provisions relating to the Corporations Amendment

(Phoenixing and Other Measures) Act 2012

Section 1532

166 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.19—Transitional provisions relating to the

Corporations Amendment (Phoenixing and

Other Measures) Act 2012

1532 Definition

In this Part:

amending Act means the Corporations Amendment (Phoenixing

and Other Measures) Act 2012.

1533 Part 1 of Schedule 1 to the amending Act (winding up by

ASIC)

(1) Paragraph 489EA(1)(a) of the Corporations Act 2001 as amended

by the amending Act applies in relation to a return of particulars

given to a company before, at or after the commencement of

Schedule 1 to the amending Act.

(2) Subsection 489EA(2) of the Corporations Act 2001 as amended by

the amending Act applies in relation to a review fee, if the due date

for payment occurs before, on or after the day on which Schedule 1

to the amending Act commences.

(3) Subsection 489EA(3) of the Corporations Act 2001 as amended by

the amending Act applies in relation to a reinstatement that occurs

before, at or after the commencement of Schedule 1 to the

amending Act.

1534 Part 2 of Schedule 1 to the amending Act (publication

requirements)

(1) The amendment of subsection 412(1) of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

relation to a notice published after the commencement of

Schedule 1 to the amending Act.

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Transitional provisions relating to the Corporations Amendment (Phoenixing and Other

Measures) Act 2012 Part 10.19

Section 1534

Corporations Act 2001 167

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) The amendment of subsection 436E(3) of the Corporations Act

2001 made by Part 3 of Schedule 1 to the amending Act applies in

relation to a meeting convened after the commencement of

Schedule 1 to the amending Act.

(3) The amendment of subsection 439A(3) of the Corporations Act

2001 made by Part 3 of Schedule 1 to the amending Act applies in

relation to a meeting convened after the commencement of

Schedule 1 to the amending Act.

(4) The amendment of subsection 446A(5) of the Corporations Act

2001 made by Part 3 of Schedule 1 to the amending Act applies in

relation to a resolution that is taken, because of section 446A of the

Corporations Act 2001, to have been passed by a company after

the commencement of Schedule 1 to the amending Act.

(5) The amendment of subsection 449C(5) of the Corporations Act

2001 made by Part 3 of Schedule 1 to the amending Act applies in

relation to a meeting convened after the commencement of

Schedule 1 to the amending Act.

(6) The amendment of subsection 450A(1) of the Corporations Act

2001 made by the amending Act applies in relation to an

appointment of an administrator that occurs after the

commencement of Schedule 1 to the amending Act.

(7) The amendment of section 465A of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

relation to an application made under section 459P, 462 or 464 of

that Act after the commencement of Schedule 1 to the amending

Act.

(8) The amendment of subsection 491(2) of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

relation to a resolution passed after the commencement of

Schedule 1 to the amending Act.

(9) The amendment of subsection 497(2) of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

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Part 10.19 Transitional provisions relating to the Corporations Amendment

(Phoenixing and Other Measures) Act 2012

Section 1535

168 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

relation to a meeting convened after the commencement of

Schedule 1 to the amending Act.

(10) The amendment of subsection 498(3) of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

relation to an adjournment that occurs after the commencement of

Schedule 1 to the amending Act.

(11) The amendment of subsection 509(2) of the Corporations Act 2001

made by Part 3 of Schedule 1 to the amending Act applies in

relation to a meeting convened after the commencement of

Schedule 1 to the amending Act.

(12) The amendment of subsection 568A(2) of the Corporations Act

2001 made by Part 3 of Schedule 1 to the amending Act applies in

relation to a disclaimer of property, if the disclaimer occurs after

the commencement of Schedule 1 to the amending Act.

(13) Despite the amendments of sections 589, 601AA, 601AB and 1351

of the Corporations Act 2001 made by Part 3 of Schedule 1 to the

amending Act, if, before the commencement of Schedule 1 to the

amending Act, ASIC gave notice of the proposed deregistration of

a company in accordance with subsection 601AA(4) or 601AB(3)

of the Corporations Act 2001, that Act continues to apply, in

relation to the deregistration of the company, as if those

amendments had not been made.

1535 Part 3 of Schedule 1 to the amending Act (miscellaneous

amendments)

Section 600AA of the Corporations Act 2001 as amended by the

amending Act applies in relation to an appointment, if the

appointment occurs after the commencement of Schedule 1 to the

amending Act.

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Transitional provisions relating to the Corporations Legislation Amendment (Audit

Enhancement) Act 2012 Part 10.20

Section 1536

Corporations Act 2001 169

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.20—Transitional provisions relating to the

Corporations Legislation Amendment

(Audit Enhancement) Act 2012

1536 Definitions

In this Part:

amending Act means the Corporations Legislation Amendment

(Audit Enhancement) Act 2012.

commencement means the commencement of Schedule 1 to the

amending Act.

1537 Application of amendments relating to annual transparency

reports

The amendments made by Part 2 of Schedule 1 to the amending

Act apply in relation to annual transparency reports for:

(a) the first transparency reporting year that ends after

commencement (even if part of that year occurs before

commencement); and

(b) all later transparency reporting years.

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Chapter 10 Transitional provisions

Part 10.21 Transitional provision relating to the Corporations Legislation Amendment

(Financial Reporting Panel) Act 2012

Section 1538

170 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.21—Transitional provision relating to the

Corporations Legislation Amendment

(Financial Reporting Panel) Act 2012

1538 Courts etc. may have regard to Financial Reporting Panel

report

Despite the repeal of section 323EM by the Corporations

Legislation Amendment (Financial Reporting Panel) Act 2012, that

section continues to apply, in relation to a report of the Financial

Reporting Panel, as if that repeal had not happened.

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Transitional provisions relating to the Superannuation Legislation Amendment (Service

Providers and Other Governance Measures) Act 2013 Part 10.21A

Section 1538A

Corporations Act 2001 171

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.21A—Transitional provisions relating to

the Superannuation Legislation

Amendment (Service Providers and Other

Governance Measures) Act 2013

1538A Application of amendments relating to contributions to a

fund or scheme

The amendments made by items 1, 2 and 3 of Schedule 1 to the

Superannuation Legislation Amendment (Service Providers and

Other Governance Measures) Act 2013 apply to contributions paid

or payable on or after 1 July 2013.

1538B Application of amendments relating to Statements of Advice

The amendments made by items 7 and 8 of Schedule 1 to the

Superannuation Legislation Amendment (Service Providers and

Other Governance Measures) Act 2013 apply in relation to

personal advice given on or after the commencement of those

items.

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Part 10.22 Transitional provisions relating to the Superannuation Legislation

Amendment (Further MySuper and Transparency Measures) Act 2012

Section 1539

172 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.22—Transitional provisions relating to the

Superannuation Legislation Amendment

(Further MySuper and Transparency

Measures) Act 2012

1539 Application of section 1017BA (Obligation to make product

dashboard publicly available)

Section 1017BA applies:

(a) to the extent that it relates to MySuper products—on and

after 1 July 2013; and

(b) to the extent that it relates to choice products—on and after

1 July 2014.

1540 Application of subsection 1017BB(1) (Obligation to make

information relating to investment of assets of

superannuation entities publicly available)

Subsection 1017BB(1) applies in relation to the reporting day that

is 30 June 2014 and to later reporting days.

1541 Application of section 1017BC (Obligation to provide

information relating to investment of assets of

superannuation entities)

(1) Section 1017BC applies in relation to arrangements entered into on

or after this Act receives the Royal Assent.

(2) In any proceedings against a trustee of a registrable superannuation

entity for an offence based on subsection 1021NB(1), it is a

defence if the information would have been made publicly

available but for the fact that the information was not provided to

the trustee because, under this section, section 1017BC did not

apply to a particular arrangement.

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MySuper and Transparency Measures) Act 2012 Part 10.22

Section 1541

Corporations Act 2001 173

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: A defendant bears an evidential burden in relation to the matters in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) In any proceedings against a trustee of a registrable superannuation

entity for an offence based on subparagraph 1021NB(2)(d)(ii) or

(3)(d)(ii), it is a defence if there would not have been an omission

from the information made publicly available but for the fact that

the information omitted was not provided to the trustee because,

under this section, section 1017BC did not apply to a particular

arrangement.

Note: A defendant bears an evidential burden in relation to the matters in

subsection (3). See subsection 13.3(3) of the Criminal Code.

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Chapter 10 Transitional provisions

Part 10.23 Transitional provisions relating to the Clean Energy Legislation (Carbon

Tax Repeal) Act 2014

Section 1542

174 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.23—Transitional provisions relating to the

Clean Energy Legislation (Carbon Tax

Repeal) Act 2014

1542 Definition

In this Part:

designated carbon unit day has the same meaning as in Part 3 of

Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal)

Act 2014.

1543 Transitional—carbon units issued before the designated

carbon unit day

Despite the amendments of this Act made by Schedule 1 to the

Clean Energy Legislation (Carbon Tax Repeal) Act 2014, this Act

continues to apply, in relation to carbon units issued before the

designated carbon unit day, as if those amendments had not been

made.

1544 Transitional—variation of conditions on Australian financial

services licences

Scope

(1) This section applies if, as at the end of the designated carbon unit

day, an Australian financial services licence is subject to a

condition that authorises the financial services licensee to provide

financial services in relation to financial products that are carbon

units.

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Transitional provisions relating to the Clean Energy Legislation (Carbon Tax Repeal)

Act 2014 Part 10.23

Section 1545

Corporations Act 2001 175

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Variation

(2) After that day, subsections 914A(3), (4) and (5) do not apply in

relation to a variation of the condition, if the only effect of the

variation is to remove the authorisation to provide financial

services in relation to financial products that are carbon units.

1545 Transitional—immediate cancellation of Australian financial

services licences

Section 915B applies, on and after the designated carbon unit day,

as if the following subsection was added at the end of the section:

Licence relating to carbon units

(5) ASIC may cancel an Australian financial services licence held by a

person, by giving written notice to the person, if the licence only

authorises the person to provide financial services that relate to

financial products that are carbon units.

1546 Transitional—statements of reasons for cancellation of

Australian financial services licences

Section 915G does not apply to a cancellation under

subsection 915B(5) (as inserted by section 1545).

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Chapter 10 Transitional provisions

Part 10.23A Transitional provisions relating to the Corporations Amendment

(Professional Standards of Financial Advisers) Act 2017

Division 1 Definitions

Section 1546A

176 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.23A—Transitional provisions relating to

the Corporations Amendment (Professional

Standards of Financial Advisers) Act 2017

Division 1—Definitions

1546A Definitions

In this Part:

amending Act means the Corporations Amendment (Professional

Standards of Financial Advisers) Act 2017.

commencement means the start of the day Part 1 of Schedule 1 to

the amending Act commences.

education and training standards has the meaning given by

section 921B.

existing provider means:

(a) a person who:

(i) is a relevant provider at any time between 1 January

2016 and 1 January 2019 (except a person who has

ceased to be a relevant provider under

subsection 1546B(4) or (5)); and

(ii) is not banned, disqualified or suspended under

Division 8 of Part 7.6 on 1 January 2019; or

(b) a person who:

(i) at any time between 1 January 2016 and 1 January

2019, provides personal advice in a foreign country to

retail clients in relation to relevant financial products;

and

(ii) is not prohibited under the law of the foreign country

from providing such advice on 1 January 2019.

foreign country includes a region, where:

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(a) the region is a colony, territory or protectorate of a foreign

country; or

(b) the region is part of a foreign country; or

(c) the region is under the protection of a foreign country; or

(d) a foreign country exercises jurisdiction or control over the

region; or

(e) a foreign country is responsible for the region’s international

relations.

relevant financial products has the meaning given by

section 910A.

relevant provider has the meaning given by section 910A.

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Division 2 Application and transitional provisions

Section 1546B

178 Corporations Act 2001

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Division 2—Application and transitional provisions

1546B Existing providers to meet certain education and training

standards

Completion of qualifications

(1) An existing provider must have done either of the following by

1 January 2024:

(a) met the education and training standard in

subsection 921B(2);

(b) completed one or more courses determined by the standards

body to give the provider qualifications equivalent to that

standard.

Note: The standard in subsection 921B(2) is that a person has completed a

bachelor or higher degree, or equivalent qualification, approved by the

standards body, or a foreign qualification approved by the standards

body.

(2) To avoid doubt, an existing provider may meet the education and

training standard in subsection 921B(2), or complete one or more

courses in accordance with paragraph (1)(b) of this section, before

this section commences.

Exam

(3) An existing provider must have met the education and training

standard in subsection 921B(3) before 1 January 2021.

Note 1: The standard in subsection 921B(3) is that a person has passed an

exam approved by the standards body.

Note 2: ASIC must be notified when existing providers have passed the exam

(see section 1546Y).

Note 3: An existing provider is not required to meet the standard in

subsection 921B(4), which is that a person has undertaken at least a

year of work and training that meets the requirements set by the

standards body.

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Failing to meet the education and training standards

(4) If, at the start of 1 January 2024, a person who is an existing

provider, and a relevant provider at that time, fails to comply with

subsection (1), the person is taken for the purposes of this Act,

after that time, to have ceased to be a relevant provider.

(5) If, at the start of 1 January 2021, a person who is an existing

provider, and a relevant provider at that time, fails to comply with

subsection (3), the person is taken for the purposes of this Act,

after that time, to have ceased to be a relevant provider.

(6) Subsections (4) and (5) do not prevent the person again becoming a

relevant provider.

Standards body may determine courses

(7) The standards body may, by legislative instrument, determine

courses for the purposes of paragraph (1)(b).

1546C Application of limitation on authorisation to provide

personal advice and offence

Limitation on authorisation to provide personal advice

(1) Section 921C, as inserted by the amending Act, applies in relation

to:

(a) any Australian financial services licence granted on or after

1 January 2019 to a person who is not a relevant provider

before that day; and

(b) any authorisation given on or after that day to a person who

is not a relevant provider before that day.

Note: Section 921C provides that a person cannot be granted a licence, or be

authorised, to provide certain financial advice unless the person meets

certain conditions.

(2) Section 921C, as inserted by the amending Act, applies, on and

after 1 January 2024, in relation to a person who ceases to be a

relevant provider under subsection 1546B(4).

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Division 2 Application and transitional provisions

Section 1546D

180 Corporations Act 2001

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(3) Section 921C, as inserted by the amending Act, applies, on and

after 1 January 2021, in relation to a person who ceases to be a

relevant provider under subsection 1546B(5).

(4) Section 921C, as inserted by the amending Act, does not apply in

relation to a person who is an existing provider while the person

continues to be a relevant provider.

Restriction on use of terms “financial adviser” and “financial

planner”

(5) The following provisions, as inserted by the amending Act, apply

on and after 1 January 2019:

(a) section 923C;

(b) items 269AAA and 269AAB of the table in Schedule 3.

Note: Those provisions relate to offences for using the terms “financial

adviser” and “financial planner”.

1546D Application of requirements relating to provisional relevant

providers

Section 921F, as inserted by the amending Act, applies in relation

to any authorisation given on or after 1 January 2019 to a person

who is not a relevant provider before that day.

Note: Section 921F sets out the requirements in relation to a person who is a

provisional relevant provider.

1546E Application of continuing professional development standard

for relevant providers

(1) Sections 921D and 922HA, as inserted by the amending Act, apply

on and after 1 January 2019.

Note: Section 921D provides that certain relevant providers must meet the

continuing professional development standard. Section 922HA

requires ASIC to be notified of the day on which a financial services

licensee’s CPD year is to begin.

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Corporations Act 2001 181

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(2) Sections 922HB and 922HC, as inserted by the amending Act,

apply in relation to any CPD year of a financial services licensee

that begins on or after 1 January 2019.

Note: Section 922HB requires ASIC to be notified if relevant providers do

not comply with the continuing professional development standard.

Section 922HC requires a financial services licensee to retain

evidence of the continuing professional development of relevant

providers.

(3) Section 922N, as inserted by the amending Act, applies in relation

to a request made of a person on or after 1 January 2019 for the

purposes of subparagraph 922N(1)(c)(iii).

Note: Among other things, section 922N allows a financial services licensee

to ask a person to provide information relating to whether the licensee

must lodge a notice under section 922HB.

(4) Subsection (5) applies if:

(a) the first CPD year of a financial services licensee commences

after 1 January 2019; and

(b) before the start of the licensee’s first CPD year:

(i) the licensee is a relevant provider; or

(ii) a relevant provider is authorised to provide personal

advice to retail clients, on behalf of the licensee, in

relation to relevant financial products.

(5) Sections 922HB, 922HC and 922Q, as inserted by the amending

Act, apply as if a reference in those sections to a financial services

licensee’s CPD year included a reference to the period:

(a) beginning on the later of 1 January 2019 and:

(i) if subparagraph (4)(b)(i) applies—the day the licensee is

granted an Australian financial services licence that

covers the provision of personal advice to retail clients

in relation to relevant financial products; and

(ii) if subparagraph (4)(b)(ii) applies—the first day the

relevant provider is authorised to provide personal

advice to retail clients, on behalf of the licensee, in

relation to relevant financial products; and

(b) ending on the day before the licensee’s first CPD year.

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Division 2 Application and transitional provisions

Section 1546F

182 Corporations Act 2001

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Note 1: Among other things, section 922Q requires failures of relevant

providers to comply with the continuing education standard to be

entered on the Register.

Note 2: The standards body may, under subparagraph 921U(2)(a)(iv), set

requirements for continuing professional development in relation to a

period mentioned in subsection (5) of this section, and, in one or more

determinations made under subsection 921U(3), modify the operation

of a provision in Part 7.6 in relation to such a period.

1546F Application of Code of Ethics to relevant providers

Sections 921E and 922HD, as inserted by the amending Act, apply

on and after 1 January 2020.

Note: Section 921E requires a relevant provider to comply with the Code of

Ethics. Section 922HD requires ASIC to be notified of failures to

comply with the Code of Ethics.

1546G Application of obligations in relation to compliance schemes

(1) Section 921H, as inserted by the amending Act, applies on and

after 15 November 2019:

(a) in relation to a person who becomes a financial services

licensee on or after that day; and

(b) for a person who becomes a financial services licensee before

that day:

(i) in relation to a person who becomes a relevant provider

on or after that day; and

(ii) in relation to a person who becomes a relevant provider

before that day as if subsection 921H(2) required the

scheme to cover the relevant provider by 1 January

2020.

Note: Section 921H requires a financial services licensee to ensure that a

compliance scheme covers each of its relevant providers.

(2) Section 921J, as inserted by the amending Act, applies on and after

15 November 2019.

Note: Section 921J sets out when a compliance scheme covers a relevant

provider.

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Corporations Act 2001 183

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(3) Sections 921K, 921Q, 921R and 921T, as inserted by the amending

Act, apply on and after the day this section commences.

Note: Section 921K provides that a monitoring body for a compliance

scheme may apply to ASIC for approval of the scheme. Section 921Q

provides that ASIC may request information about a compliance

scheme from the monitoring body for the scheme. Section 921R

provides that a monitoring body may propose to modify a scheme in

certain circumstances. Section 921T requires a monitoring body to

notify ASIC of certain reductions in the body’s resources or expertise.

(4) Sections 921L, 921M, 921N, 921P and 921S, as inserted by the

amending Act, apply on and after 1 January 2020.

Note: Sections 921L to 921N include provisions about investigations by

monitoring bodies. Section 921P provides for compliance schemes to

be made publicly available. Section 921S provides for the review of

compliance schemes.

(5) Paragraphs 922E(1)(i) and 922F(1)(n), as inserted by the amending

Act, apply on and after 15 November 2019 in relation to notices

lodged under section 922D on or after that day.

Note: Paragraphs 922E(1)(i) and 922F(1)(n) require notices lodged under

section 922D in relation to a relevant provider to include the name of

the compliance scheme that is to cover the relevant provider.

1546H Application of obligation for standards body to publish

annual report

(1) Section 921ZC, as inserted by the amending Act, applies on and

after 1 July 2017.

(2) If the declaration of a body corporate to be the standards body

under section 921X takes effect at a time during a financial year,

the first annual report published by the standards body must cover

the period beginning at that time and ending at the end of the next

financial year as if that period were a financial year.

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Part 10.23A Transitional provisions relating to the Corporations Amendment

(Professional Standards of Financial Advisers) Act 2017

Division 2 Application and transitional provisions

Section 1546J

184 Corporations Act 2001

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1546J Application of obligation to notify ASIC about a person who

becomes a relevant provider

Sections 922D, 922E and 922F, as inserted by the amending Act,

apply (subject to subsection 1546G(5) and sections 1546K to

1546N) in relation to a person who becomes a relevant provider if:

(a) the person becomes a relevant provider after commencement;

or

(b) both of the following apply:

(i) the person becomes a relevant provider before

commencement;

(ii) immediately before commencement, a notice has not

been lodged in accordance with section 922D, as

notionally inserted into this Act by Schedule 8D to the

Corporations Regulations 2001.

Note: Section 922D requires ASIC to be notified if a person becomes a

relevant provider.

1546K Application of requirements relating to information about

relevant provider’s principal place of business

Paragraphs 922E(1)(b) and 922F(1)(b), as inserted by the

amending Act, apply on and after 15 November 2019 in relation to

notices lodged under section 922D on or after that day.

Note: Paragraphs 922E(1)(b) and 922F(1)(b) require notices lodged under

section 922D in relation to a relevant provider to include the address

of the relevant provider’s principal place of business.

1546L Application of requirements relating to information about

membership of professional associations where relevant

provider is licensee

Section 922E, as inserted by the amending Act, applies until the

start of 15 November 2019 as if paragraph 922E(1)(h) were

replaced with the following:

(h) information about both of the following:

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(i) the educational qualifications of, and any training

courses completed by, the relevant provider;

(ii) the relevant provider’s membership (if any) of

professional bodies;

to the extent that the qualifications, training courses or

memberships are relevant to the provision of financial

services (and if the relevant provider has more than 5

memberships, the 5 memberships that the person lodging the

notice believes, on reasonable grounds, are most relevant to

the provision of financial services);

1546M Application of requirements relating to information about

membership of professional associations where relevant

provider is not licensee

Section 922F, as inserted by the amending Act, applies until the

start of 15 November 2019 as if paragraph 922F(1)(m) were

replaced with the following:

(m) information about both of the following:

(i) the educational qualifications of, and any training

courses completed by, the relevant provider;

(ii) the relevant provider’s membership (if any) of

professional bodies;

to the extent that the qualifications, training courses or

memberships are relevant to the provision of financial

services (and if the relevant provider has more than 5

memberships, the 5 memberships that the person lodging the

notice believes, on reasonable grounds, are most relevant to

the provision of financial services);

1546N Application of requirements relating to information about

provisional relevant provider’s work and training

Paragraphs 922F(1)(f) and (g), as inserted by the amending Act,

apply in relation to notices lodged under section 922D on or after

1 January 2019.

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Section 1546P

186 Corporations Act 2001

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Note: Paragraphs 922F(1)(f) and (g) require notices lodged under

section 922D to include information in relation to provisional relevant

providers and their work and training.

1546P Application of ongoing obligation to notify ASIC when there

is a change in a matter for a relevant provider

Paragraph 922H(1)(a), as inserted by the amending Act, applies in

relation to a change in a matter if:

(a) the change occurs after commencement; or

(b) both of the following apply:

(i) the change occurs before commencement;

(ii) immediately before commencement, a notice has not

been lodged in accordance with section 922H, as

notionally inserted into this Act by Schedule 8D to the

Corporations Regulations 2001.

1546Q Application of obligation to notify ASIC about a person who

starts to have control of a body corporate licensee

Section 922J, as inserted by the amending Act, applies in relation

to a person who starts to have control of a body corporate licensee

if:

(a) the person starts to have control of the licensee after

commencement; or

(b) both of the following apply:

(i) the person starts to have control of the licensee before

commencement;

(ii) immediately before commencement, a notice has not

been lodged in accordance with section 922J, as

notionally inserted into this Act by Schedule 8D to the

Corporations Regulations 2001.

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Section 1546R

Corporations Act 2001 187

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1546R Application of obligation to notify ASIC about a person who

ceases to have control of a body corporate licensee

Section 922K, as inserted by the amending Act, applies in relation

to a person who ceases to have control of a body corporate licensee

if:

(a) the person ceases to have control of the licensee after

commencement; or

(b) both of the following apply:

(i) the person ceases to have control of the licensee before

commencement;

(ii) immediately before commencement, a notice has not

been lodged in accordance with section 922K, as

notionally inserted into this Act by Schedule 8D to the

Corporations Regulations 2001.

1546S Application of obligation for relevant providers to provide

information to financial services licensees

Section 922N, as inserted by the amending Act, applies in relation

to a request made of a person if:

(a) both of the following apply:

(i) the request is made of the person for the purposes of

subparagraph 922N(1)(c)(i) or (ii);

(ii) the request is made after commencement (whether the

person becomes a relevant provider before or after

commencement); or

(b) both of the following apply:

(i) the request (as mentioned in paragraph 922N(1)(c), as

notionally inserted into this Act by Schedule 8D to the

Corporations Regulations 2001) is made before

commencement;

(ii) immediately before commencement, the person has not

provided the information requested.

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Part 10.23A Transitional provisions relating to the Corporations Amendment

(Professional Standards of Financial Advisers) Act 2017

Division 2 Application and transitional provisions

Section 1546T

188 Corporations Act 2001

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1546T Application of requirements relating to Register of Relevant

Providers

(1) Paragraphs 922Q(2)(b), (r), and (v), as inserted by the amending

Act, apply on and after 1 January 2020.

(2) Subparagraph 922Q(2)(j)(ii) and paragraph 922Q(2)(m), as

inserted by the amending Act, apply on and after 1 January 2019.

(3) Section 922Q, as inserted by the amending Act, applies until the

start of 1 January 2020 as if subparagraph 922Q(2)(u)(ii) were

replaced with the following:

(ii) the relevant provider’s membership (if any) of

professional associations, to the extent that the

memberships are relevant to the provision of financial

services;

(4) Otherwise, sections 922Q and 922S, as inserted by the amending

Act, apply on and after commencement.

1546U Relevant provider numbers given before commencement

For the purposes of this Act, a number given by ASIC to a person

in accordance with regulation 7.6.06A of the Corporations

Regulations 2001 is taken to have been given in accordance with

section 922R of this Act, as inserted by the amending Act.

1546V Continuation of Register of Relevant Providers

The repeal of regulation 7.6.06B of the Corporations

Regulations 2001 by the Corporations Amendment (Professional

Standards of Financial Advisers) Regulations 2017 does not affect

the continuity of the register of relevant providers established

under that regulation.

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Section 1546W

Corporations Act 2001 189

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Division 3—Transitional notices

1546W Obligation to notify ASIC of certain information

(1) A notice must be lodged under this section, in the prescribed form,

if, before 15 November 2019, a notice was lodged in relation to a

relevant provider under:

(a) section 922D, as inserted by the amending Act; or

(b) section 922D, as notionally inserted into this Act by

Schedule 8D to the Corporations Regulations 2001.

(2) The notice must include:

(a) the address of the relevant provider’s principal place of

business; and

(b) the name of the compliance scheme that is to cover the

relevant provider.

(3) The notice must be lodged before 1 January 2020 by:

(a) if the relevant provider is a financial services licensee—the

licensee; or

(b) otherwise—the financial services licensee on whose behalf

the relevant provider is authorised to provide personal advice

to retail clients in relation to relevant financial products.

(4) Subsection 921J(2) applies, subject to this section, as if the

reference in that subsection to section 922D included a reference to

this section.

1546X Obligation to notify ASIC of CDP year

(1) A notice must be lodged under this section, in the prescribed form,

if, before 1 January 2019, ASIC granted an applicant an Australian

financial services licence that covers the provision of personal

advice to retail clients in relation to relevant financial products.

(2) The notice must include the day of the year on which the relevant

financial services licensee’s CPD year begins.

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Division 3 Transitional notices

Section 1546Y

190 Corporations Act 2001

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(3) The notice must be lodged by the licensee before 1 January 2019.

(4) Subsection 922HA(3) applies as if a reference in that subsection to

subsection 922HA(1) or (3) included a reference to this section.

1546Y Obligation to notify ASIC when exams passed

(1) A notice must be lodged under this section, in the prescribed form,

if an existing provider passes an exam for the purposes of

complying with subsection 1546B(3).

(2) The notice must state that the existing provider has passed the

exam.

(3) The notice must be lodged by a financial services licensee within

30 business days of the financial services licensee becoming aware

that the existing provider has passed the exam.

1546Z Obligation to notify ASIC of certain information after

banning order

(1) A notice must be lodged under this section, in the prescribed form,

if:

(a) a person was banned, disqualified or suspended under

Division 8 of Part 7.6 on 1 January 2019; and

(b) the person becomes a provisional relevant provider after that

day.

(2) The notice must include the day the person begins undertaking

work and training in accordance with subsection 921B(4).

(3) The notice must be lodged within 30 business days of the day

mentioned in subsection (2) by the financial services licensee on

whose behalf the person is authorised to provide personal advice to

retail clients in relation to relevant financial products.

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Transitional notices Division 3

Section 1546ZA

Corporations Act 2001 191

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1546ZA Offence for failing to lodge transitional notices

Section 922M applies as if a reference in that section to a notice

provision included a reference to a notice given under this

Division.

Note: Section 922M provides that a person commits an offence if a person

does not lodge certain notices.

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Part 10.23A Transitional provisions relating to the Corporations Amendment

(Professional Standards of Financial Advisers) Act 2017

Division 4 Review

Section 1546ZB

192 Corporations Act 2001

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Division 4—Review

1546ZB Review

The Minister must cause a review of Divisions 8A, 8B and 8C of

Part 7.6, as inserted by the amending Act, to be commenced before

31 December 2026.

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(Deregulatory and Other Measures) Act 2014 Part 10.24

Section 1547

Corporations Act 2001 193

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Part 10.24—Transitional provisions relating to the

Corporations Legislation Amendment

(Deregulatory and Other Measures) Act

2014

1547 Definitions

In this Part:

amending Act means the Corporations Legislation Amendment

(Deregulatory and Other Measures) Act 2014.

1548 Application of amendments relating to calling of general

meetings

The amendments of section 249D made by Schedule 1 to the

amending Act do not apply in relation to a request made under that

section before the commencement of that Schedule.

1549 Application of amendments relating to directors’ reports for

listed companies

The amendments of section 300A made by Schedule 1 to the

amending Act apply in relation to directors’ reports for financial

years ending on or after the commencement of that Schedule.

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Chapter 10 Transitional provisions

Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 1 Introduction

Section 1550

194 Corporations Act 2001

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Part 10.25—Transitional provisions relating to the

Insolvency Practice Schedule

(Corporations)

Division 1—Introduction

1550 Simplified outline of this Part

This Part deals with the way this Act will apply when the

provisions of the Insolvency Law Reform Act 2016 begin to

operate.

Application of Part 2 of the Insolvency Practice Schedule

(Corporations)

A person registered as a liquidator before the commencement of

Part 1 of Schedule 2 to the Insolvency Law Reform Act 2016 will

continue to be registered and must comply with the requirements

and duties under Part 2 of the Insolvency Practice Schedule

(Corporations).

Application of Part 3 of the Insolvency Practice Schedule

(Corporations)

Part 3 of the Insolvency Practice Schedule (Corporations) will

apply to an external administration that starts on or after the

commencement of Part 1 of Schedule 2 to the Insolvency Law

Reform Act 2016 and to most ongoing administrations (but

generally only in relation to new events).

Proceedings before the Court or the Administrative Appeals

Tribunal

Proceedings already begun in the Court or the Administrative

Appeals Tribunal before the commencement of the amendments

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Part 10.25

Introduction Division 1

Section 1551

Corporations Act 2001 195

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made by Part 1 of Schedule 2 to the Insolvency Law Reform Act

2016 will continue under the old Act. Orders of the Court under the

old Act continue to have effect.

Regulations

Regulations may be made to deal with other transitional matters.

1551 Definitions

In this Part:

commencement day means the day on which Part 1 of Schedule 2

to the Insolvency Law Reform Act 2016 commences.

Insolvency Practice Schedule (Corporations) means Schedule 2 to

this Act, and includes rules made under section 105-1 of that

Schedule.

make, in relation to an order that is a direction, includes give.

new external administration of a company means an external

administration of a company that starts on or after the

commencement day.

old Act means the Corporations Act 2001, as in force immediately

before the commencement day and includes the old regulations.

old Act registrant has the meaning given by subsection 1553(4).

old Act registration day, in relation to a person, has the meaning

given by subsection 1555(2).

old regulations means the Corporations Regulations 2001, as in

force immediately before the commencement day.

ongoing external administration of a company means an external

administration of a company that started before the commencement

day and ends after that day.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 1 Introduction

Section 1551

196 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

order includes a direction.

registered: a person is registered as a liquidator, or as a liquidator

of a specified body corporate, at a particular time in the

circumstances set out in subsection 1552(2).

Register of Liquidators means the Register of Liquidators

established and maintained under section 15-1 of the Insolvency

Practice Schedule (Corporations).

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consequential amendments Division 2

Section 1552

Corporations Act 2001 197

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 2—Application of Part 2 of the Insolvency

Practice Schedule (Corporations) and related

consequential amendments

Subdivision A—Registering liquidators

1552 Applications for registration under the old Act

(1) If, before the commencement day:

(a) a person has applied for registration as a liquidator, or as a

liquidator of a specified body corporate, under section 1279

of the old Act; and

(b) the person’s application has not been refused; and

(c) the person is not registered before the commencement day as

a liquidator, or as a liquidator of a specified body corporate;

the application is taken never to have been made and ASIC must

refund any fee paid in relation to the application.

(2) A person is registered as a liquidator, or as a liquidator of a

specified body corporate, at a particular time if:

(a) a certificate of registration as a liquidator or as a liquidator of

a specified body corporate has been issued to the person

under subsection 1282(6) of the old Act before that time; and

(b) the day specified in the certificate as the day on which the

registration would begin occurs before the day on which that

time occurs.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1553

198 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1553 Persons registered under the old Act continue to be registered

under the Insolvency Practice Schedule (Corporations)

Person registered under the old Act immediately before the

commencement day

(1) If a person is registered as a liquidator, or as a liquidator of a

specified body corporate, immediately before the commencement

day, on the commencement day the person is taken to be registered

as a liquidator under Subdivision B of Division 20 of the

Insolvency Practice Schedule (Corporations).

Person registered but suspended under the old Act before the

commencement day

(2) If:

(a) a person is registered as a liquidator, or as a liquidator of a

specified body corporate, before the commencement day; and

(b) that person’s registration is suspended before the

commencement day; and

(c) the period of the suspension does not expire before the

commencement day;

the person is taken to be registered as a liquidator under

Subdivision B of Division 20 of the Insolvency Practice Schedule

(Corporations) on the commencement day, but the person’s

registration is taken to be suspended under the Insolvency Practice

Schedule (Corporations) for a period that ends when the period of

the suspension under the old Act would have ended.

Note: The old Act registrant could apply under Subdivision F of Division 40

of the Insolvency Practice Schedule (Corporations) to have the

suspension lifted or shortened.

Circumstances in which person not taken to be registered

(3) Despite subsections (1) and (2), a person mentioned in one of those

subsections is not taken to be registered as a liquidator under

Subdivision B of Division 20 of the Insolvency Practice Schedule

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consequential amendments Division 2

Section 1554

Corporations Act 2001 199

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(Corporations) on the commencement day if, at the beginning of

that day:

(a) the person is an insolvent under administration; or

(b) the person is dead.

Meaning of old Act registrant

(4) A person who is taken to be registered under Subdivision B of

Division 20 of the Insolvency Practice Schedule (Corporations)

because of this section is referred to as an old Act registrant.

1554 Old Act registrant’s details

(1) ASIC must enter on the Register of Liquidators, in relation to each

old Act registrant, the details prescribed under subsection 15-1(3)

of the Insolvency Practice Schedule (Corporations) that relate to

that old Act registrant.

(2) If ASIC holds information in relation to an old Act registrant

before the commencement day, ASIC may use and disclose the

information for the purposes of establishing and maintaining the

Register of Liquidators.

1555 Period of old Act registrant’s registration under the Insolvency

Practice Schedule (Corporations)

(1) The registration of an old Act registrant under the Insolvency

Practice Schedule (Corporations) is for a period ending on the first

anniversary of the old Act registration day for that person that

occurs on or after the commencement day.

(2) The old Act registration day in relation to a person who was

registered (or but for a suspension would have been registered) as a

liquidator, or as a liquidator of a specified body corporate,

immediately before the commencement day, is the day on which

that registration began.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1556

200 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(3) To avoid doubt, the registration of an old Act registrant under the

Insolvency Practice Schedule (Corporations) may be renewed in

accordance with that Schedule.

1556 Conditions for old Act registrants—conditions under the

Insolvency Practice Schedule (Corporations)

To avoid doubt, a condition may be imposed on an old Act

registrant (or on a class that includes an old Act registrant) under

the Insolvency Practice Schedule (Corporations) in accordance

with that Schedule.

1557 Current conditions for old Act registrants—undertakings

under the old Act

Undertakings under the old Act

(1) If:

(a) an old Act registrant was required to give an undertaking

under paragraph 1292(9)(b) or (c) of the old Act; and

(b) that requirement is still in force immediately before the

commencement day;

it is a condition of the old Act registrant’s registration under the

Insolvency Practice Schedule (Corporations) that he or she gives

and complies with the undertaking.

(2) A condition imposed under subsection (1) is a current condition

imposed on the old Act registrant.

Varying etc. conditions of registration

(3) Subdivision C of Division 20 of the Insolvency Practice Schedule

(Corporations) applies to a condition imposed under subsection (1)

in the same way as it applies to a condition imposed by a

committee under the Insolvency Practice Schedule (Corporations).

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Part 10.25

Application of Part 2 of the Insolvency Practice Schedule (Corporations) and related

consequential amendments Division 2

Section 1558

Corporations Act 2001 201

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1558 Current conditions for old Act registrants—undertakings

under the ASIC Act

Undertakings under the ASIC Act

(1) If:

(a) before the commencement day, an old Act registrant gives

ASIC an undertaking under section 93AA of the ASIC Act to

engage in, or refrain from engaging in, conduct as a

liquidator, or as a liquidator of a specified body corporate;

and

(b) that undertaking is in force immediately before the

commencement day;

it is a condition of the old Act registrant’s registration under the

Insolvency Practice Schedule (Corporations) that he or she comply

with the undertaking.

(2) A condition imposed under subsection (1) is a current condition

imposed on the old Act registrant.

Enforcement of undertaking under the ASIC Act not affected

(3) Nothing in this section affects the application of section 93AA of

the ASIC Act in relation to a breach of an undertaking accepted

under that section.

1559 Old Act registrant registered as liquidator of a specified body

corporate

Old Act registrant may not accept further appointments

(1) If an old Act registrant was registered as a liquidator of a specified

body corporate immediately before the commencement day, it is a

condition of the old Act registrant’s registration under the

Insolvency Practice Schedule (Corporations) that he or she must

not accept any further appointments as external administrator of a

company.

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(Corporations)

Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1560

202 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) That condition is a current condition imposed on the old Act

registrant.

Registration cancelled once current administrations completed

(3) On the day immediately after the external administration of the

body corporate in relation to which the old Act registrant was

registered ends:

(a) the old Act registrant is taken to have lodged a request in the

approved form in accordance with paragraph 40-30(1)(f) of

the Insolvency Practice Schedule (Corporations) to have his

or her registration as a liquidator cancelled; and

(b) ASIC is taken to have cancelled the registration under

subsection 40-30(1) of the Insolvency Practice Schedule

(Corporations).

Old Act registrant applies for registration under section 20-5 of the

Insolvency Practice Schedule (Corporations)

(4) To avoid doubt, if the old Act registrant applies under section 20-5

of the Insolvency Practice Schedule (Corporations) to be registered

as a liquidator, and is registered in response to that application, this

section does not affect that registration.

1560 Old Act registrant chooses not to renew

Application of this section

(1) This section applies if an old Act registrant does not apply for

renewal of his or her registration under the Insolvency Practice

Schedule (Corporations) before his or her period of registration

under subsection 1555(1) ends (the expiry day).

Old Act registrant may not accept further appointments after

registration expires

(2) The old Act registrant is taken to be registered as a liquidator under

Subdivision B of Division 20 of the Insolvency Practice Schedule

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Section 1561

Corporations Act 2001 203

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(Corporations) after the expiry day, subject to a condition that he or

she must not accept any further appointments as external

administrator of a company.

(3) That condition is a current condition imposed on the old Act

registrant.

Registration cancelled once current administrations completed

(4) On the day immediately after all of the external administrations of

companies that the old Act registrant is entitled to carry out in

accordance with his or her current conditions ends:

(a) the old Act registrant is taken to have lodged a request in the

approved form in accordance with paragraph 40-30(1)(f) of

the Insolvency Practice Schedule (Corporations) to have his

or her registration as a liquidator cancelled; and

(b) ASIC is taken to have cancelled the registration under

subsection 40-30(1) of the Insolvency Practice Schedule

(Corporations).

Subdivision B—Annual returns and statements

1561 Application of obligation to lodge annual liquidator returns

Application of the Insolvency Practice Schedule (Corporations)

(1) Section 30-1 of the Insolvency Practice Schedule (Corporations)

applies in relation to liquidator return years that begin on or after

the commencement day.

Meaning of liquidator return year

(2) In working out the liquidator return year for an old Act registrant

under subsection 30-1(2) of the Insolvency Practice Schedule

(Corporations), “the day on which that registration first began”,

means “the old Act registration day for that person (as defined for

the purpose of Part 10.25 of this Act)”.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1562

204 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Annual statements under the old Act

(3) The repeal of section 1288 by Schedule 2 to the Insolvency Law

Reform Act 2016 applies in relation to liquidator return years

beginning on or after the commencement day.

Subdivision C—Notice requirements

1562 Notice of significant events

(1) If:

(a) within 2 years before the commencement day, an event of a

kind mentioned in subsection 35-1(1) of the Insolvency

Practice Schedule (Corporations) occurs in relation to an old

Act registrant; and

(b) the old Act registrant has not already informed ASIC in

writing of the event before the commencement day;

the old Act registrant must lodge with ASIC a notice, in the

approved form, relating to the event.

(2) The notice must be lodged:

(a) if the old Act registrant is or could reasonably be expected to

be aware of the event on or before the commencement day—

within one month after the commencement day; or

(b) if paragraph (a) is not satisfied, but the old Act registrant is

or could reasonably be expected to be aware of the event

after the commencement day—within one month after the

first day on which the old Act registrant is or could

reasonably be expected to be aware of the event.

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1)

within the period specified in subsection (2); and

(b) the person intentionally or recklessly fails to comply with the

requirement within that period.

Penalty: 100 penalty units.

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consequential amendments Division 2

Section 1563

Corporations Act 2001 205

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision D—Cancellation by ASIC under the old Act

1563 Request for cancellation made before the commencement day

(1) This section applies if:

(a) before the commencement day, a person requests ASIC

under section 1290 of the old Act to cancel the person’s

registration as a liquidator or as a liquidator of a specified

body corporate; and

(b) no decision by ASIC to cancel that registration has come into

effect before the commencement day.

(2) ASIC may not cancel the registration under section 1290 of the old

Act.

(3) However, for the purposes of paragraph 40-30(1)(f) of the

Insolvency Practice Schedule (Corporations), the person is taken to

have lodged a request with ASIC in the approved form to have the

person’s registration as a liquidator under the Insolvency Practice

Schedule (Corporations) cancelled.

(4) The amendments of section 1290 made by Schedule 2 to the

Insolvency Law Reform Act 2016 apply in relation to requests made

to ASIC under section 1290 on or after the commencement day.

1564 Decision to cancel registration made before the commencement

day

(1) This section applies if:

(a) before the commencement day, a decision is made by ASIC

under section 1290A of the old Act to cancel the registration

of a person as a liquidator, or as a liquidator of a specified

body corporate; and

(b) the decision has not come into effect before the

commencement day.

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(Corporations)

Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1565

206 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) On the commencement day, ASIC is taken to have made a decision

under section 40-30 of the Insolvency Practice Schedule

(Corporations) to cancel the registration of the person as a

liquidator.

(3) Section 40-35 of the Insolvency Practice Schedule (Corporations)

applies in relation to the decision as if the decision were made on

the commencement day.

Subdivision E—Disciplinary proceedings before the Board

1565 Matters not dealt with by the Board before the commencement

day

(1) If:

(a) an application has been made under section 1292 of the old

Act in relation to a person before the commencement day;

and

(b) the Board has not, before the commencement day:

(i) made an order in response to the application under

subsection 1292(2), (3), (4), (5), (6) or (7) of the old

Act; or

(ii) dealt with the person under subsection 1292(9) of the

old Act in response to the application; or

(iii) held a conference in relation to the application under

section 1294A;

the Board must cease its consideration of the matter on the

commencement day without making such an order, dealing with

the person under subsection 1292(9) of the old Act or convening

such a conference under section 1294A.

(2) If:

(a) the Board has ceased to consider a matter because of

subsection (1); and

(b) a conference has been convened in relation to the matter

under subsection 1294A(1), but not yet held;

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consequential amendments Division 2

Section 1566

Corporations Act 2001 207

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

the Chairperson of the Board need not give notice of the

conference under subsection 1294A(3) and the conference need not

be held.

(3) The fact that the Board has ceased to consider the matter does not

preclude the matter, or any aspect of the matter, from being dealt

with under Division 40 of the Insolvency Practice Schedule

(Corporations).

(4) To avoid doubt, nothing in this section affects any right or

obligation that any person has before the commencement day,

including any right to review, in relation to the application or the

consideration of the matter by the Board.

1566 Matters dealt with by the Board before the commencement day

(1) This section applies if:

(a) an application has been made under section 1292 of the old

Act in relation to a person before the commencement day;

and

(b) before the commencement day, the Board has:

(i) made an order in response to the application under

subsection 1292(2), (3), (4), (5), (6) or (7); or

(ii) dealt with the person under subsection 1292(9) in

response to the application; or

(iii) held a conference in relation to the application under

section 1294A.

(2) The old Act continues to apply in relation to:

(a) the decision to:

(i) make the order under subsection 1292(2), (3), (4), (5),

(6) or (7); or

(ii) deal with the matter under subsection 1292(9) in

response to the application; or

(iii) convene the conference under section 1294A; and

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Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1567

208 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) a decision made at the conference held under section 1294A;

and

(c) any process ordered under subsection 1294A(4) at the

conference held under that section; and

(d) the matter in relation to which the conference was held under

section 1294A before the commencement day.

(3) The same matter may not be dealt with under Division 40 of the

Insolvency Practice Schedule (Corporations).

1567 Matters which the Board refuses to deal with before the

commencement day

(1) This section applies if:

(a) an application has been made under section 1292 of the old

Act in relation to a person before the commencement day;

and

(b) before the commencement day, the Board has decided to

refuse to:

(i) make an order in response to the application under

subsection 1292(2), (3), (4), (5), (6) or (7); or

(ii) deal with the person under subsection 1292(9) in

response to the application; or

(iii) convene a conference in relation to the application

under section 1294A.

(2) The old Act continues to apply in relation to the decision to refuse

to make the order under subsection 1292(2), (3), (4), (5), (6) or (7),

deal with the matter under subsection 1292(9) in response to the

application or convene a conference under section 1294A.

(3) The same matter may not be dealt with under Division 40 of the

Insolvency Practice Schedule (Corporations).

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Part 10.25

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consequential amendments Division 2

Section 1568

Corporations Act 2001 209

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1568 Board considering terminating suspension before the

commencement day

(1) If:

(a) an application has been made under section 1295 of the old

Act to terminate the suspension of the registration of a person

as a liquidator, or as a liquidator of a specified body

corporate; and

(b) the Board has neither refused the application nor, by order,

terminated the suspension before the commencement day;

the Board must cease its consideration of the matter on the

commencement day without making such an order.

(2) If:

(a) the Board, under section 1295 of the old Act, is considering

of its own motion whether to terminate the suspension of the

registration of a person as a liquidator, or as a liquidator of a

specified body corporate; and

(b) the Board has not, by order, terminated the suspension before

the commencement day;

the Board must cease its consideration of the matter on the

commencement day without making such an order.

(3) The fact that the Board has ceased to consider the matter does not

preclude the matter from being dealt with under Division 40 of the

Insolvency Practice Schedule (Corporations).

1569 Sharing information between the Board and committees

(1) The Chair of a committee convened under Part 2 of the Insolvency

Practice Schedule (Corporations) may request the Chairperson of

the Board (the Board Chair) to give the committee any

information or document in the Board’s possession or control in

relation to a person who:

(a) is, or has at any time been, a registered liquidator under the

Insolvency Practice Schedule (Corporations); or

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Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1570

210 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) has at any time been registered as a liquidator, or as a

liquidator of a specified body corporate, under the old Act.

(2) The Board Chair must comply with the request within 10 business

days.

Subdivision F—Suspension, cancellation and disciplinary

action under the Insolvency Practice Schedule

(Corporations)

1570 Direction to comply with requirement to lodge documents etc.

Subdivision B of Division 40 of the Insolvency Practice Schedule

(Corporations) applies whether or not a requirement mentioned in

that Subdivision to lodge a document or give information or a

document arises before, on or after the commencement day.

1571 Suspension by ASIC under the Insolvency Practice Schedule

(Corporations)

(1) Section 40-25 of the Insolvency Practice Schedule (Corporations)

applies whether or not an event mentioned in subsection 40-25(1)

occurs before, on or after the commencement day.

(2) However, paragraph 40-25(1)(c) of the Insolvency Practice

Schedule (Corporations) does not apply in relation to the

cancellation of the registration of a person as a trustee under the

Bankruptcy Act 1966, as in force at any time before the

commencement day.

1572 Cancellation by ASIC under the Insolvency Practice Schedule

(Corporations)

(1) Section 40-30 of the Insolvency Practice Schedule (Corporations)

applies whether or not an event mentioned in subsection 40-30(1)

occurs before, on or after the commencement day.

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consequential amendments Division 2

Section 1573

Corporations Act 2001 211

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) However, paragraph 40-30(1)(c) of the Insolvency Practice

Schedule (Corporations) does not apply in relation to the

cancellation of the registration of a person as a trustee under the

Bankruptcy Act 1966, as in force at any time before the

commencement day.

1573 Show-cause notice under the Insolvency Practice Schedule

(Corporations)

Subdivision E of Division 40 of the Insolvency Practice Schedule

(Corporations) applies whether or not an event mentioned in

subsection 40-40(1) of the Schedule occurs before, on or after the

commencement day.

1574 Lifting or shortening suspension under the Insolvency Practice

Schedule (Corporations)

Subdivision F of Division 40 of the Insolvency Practice Schedule

(Corporations) applies whether or not a person’s registration as a

liquidator is suspended under a provision of the old Act or of the

Insolvency Practice Schedule (Corporations).

1575 Action initiated by industry bodies

Section 40-100 of the Insolvency Practice Schedule (Corporations)

applies, whether or not the grounds to which a notice under that

section relates arise because of an action, a failure to act or

circumstance that occurs before, on or after the commencement

day.

Subdivision G—Powers of the Court and other bodies

1576 Application of court powers under section 45-1 of the

Insolvency Practice Schedule (Corporations)

The Court may exercise its powers to make an order under

section 45-1 of the Insolvency Practice Schedule (Corporations),

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Division 2 Application of Part 2 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1577

212 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

whether or not the action or failure to act in relation to which, or

because of which, the order is made occurs before, on or after the

commencement day.

1577 Powers to deal with registration under the old Act on or after

the commencement day

(1) This section applies if, as a result of the continued application of

the old Act on or after the commencement day, a relevant body

may decide to register a person, or suspend or cancel the

registration of a person, as a liquidator or as a liquidator of a

specified body corporate under the old Act.

(2) A relevant body may instead:

(a) register the person, or suspend or cancel the registration of

the person, as a liquidator under the Insolvency Practice

Schedule (Corporations); and

(b) by order, modify the application of this Part or the

Insolvency Practice Schedule (Corporations) in relation to

the registration, or the suspension or cancellation of the

registration, of the person as a liquidator under the

Insolvency Practice Schedule (Corporations).

(3) In this section:

relevant body means ASIC, the Administrative Appeals Tribunal,

the Court or any other body.

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consequential amendments Division 3

Section 1578

Corporations Act 2001 213

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 3—Application of Part 3 of the Insolvency

Practice Schedule (Corporations) and related

consequential amendments

Subdivision A—Introduction

1578 Simplified outline of this Division

This Division deals with the way this Act will apply to external

administrations when the provisions of the Insolvency Practice

Schedule (Corporations) begin to operate.

New external administrations

The Insolvency Practice Schedule (Corporations) applies to

external administrations that start on or after the commencement of

the Insolvency Law Reform Act 2016 (called new external

administrations).

Ongoing external administrations

For external administrations that start before that day but are still

ongoing (called ongoing external administrations), the Insolvency

Practice Schedule (Corporations) applies in accordance with this

Division but usually only in relation to new events. Generally, the

old Act continues to apply to old events and processes that are

incomplete. There are some exceptions.

Old external administrations

For old external administrations that have ended but that may have

ongoing obligations or processes, in most cases the old Act

continues to apply.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1579

214 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision B—General rules for Part 3

1579 Application of Part 3 of the Insolvency Practice Schedule

(Corporations)—general rules

New external administrations

(1) Part 3 of the Insolvency Practice Schedule (Corporations) applies

in relation to a new external administration of a company.

Ongoing external administrations

(2) Part 3 of the Insolvency Practice Schedule (Corporations) applies

in relation to an ongoing external administration of a company in

accordance with this Division.

Subdivision C—Remuneration and other benefits received by

external administrators

1580 Application of Division 60 of the Insolvency Practice Schedule

(Corporations)—general rule

Subdivision B to D of Division 60 of the Insolvency Practice

Schedule (Corporations) applies in relation to an external

administrator of a company under ongoing external administration

who is appointed on or after the commencement day.

1581 Old Act continues to apply in relation to remuneration for

administrators already appointed

(1) Despite the repeal of sections 449E and 473 and the repeal and

substitution of subsections 499(3) to (7) of the old Act by

Schedule 2 to the Insolvency Law Reform Act 2016, the old Act

continues to apply in relation to the remuneration of an external

administrator of a company who is appointed before the

commencement day.

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Section 1582

Corporations Act 2001 215

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) Despite subsection (1), if, under Subdivision F of this Division,

Division 75 of the Insolvency Practice Schedule (Corporations)

rather than the old Act would apply to a meeting that deals with the

remuneration of an external administrator of a company who is

appointed before the commencement day, Division 75 of the

Insolvency Practice Schedule (Corporations) applies to that

meeting.

1582 Duties of administrators relating to remuneration and other

benefits

(1) Section 60-20 of the Insolvency Practice Schedule (Corporations)

applies in relation to an external administrator of an ongoing

external administration of a company whether or not the

administrator was appointed before, on or after the commencement

day.

(2) However, that section does not apply in relation to arrangements

made before the commencement day.

1583 Old Act continues to apply in relation to any right of indemnity

(1) This section applies if the remuneration of an external

administrator of a company is fixed under section 449E of the old

Act:

(a) before the commencement day; or

(b) on or after the commencement day (in accordance with a

provision of this Division).

(2) Despite the repeal of that section and the amendment of

paragraph 443D(b) of the old Act by Schedule 2 to the Insolvency

Law Reform Act 2016, the old Act continues to apply in relation to

any right of indemnity that the external administrator has as if that

repeal and amendment had not happened.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1584

216 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1584 Application of new provisions about vacancies of

court-appointed liquidator

Subsection 473A(1) (as inserted by Schedule 2 to the Insolvency

Law Reform Act 2016) applies whether or not the vacancy in the

office of liquidator occurred before, on or after the commencement

day.

1585 Application of new provisions about exercise of powers while

company under external administration

Application of new section 198G

(1) Section 198G (as inserted by Schedule 2 to the Insolvency Law

Reform Act 2016) applies in relation to an exercise of power or a

performance of a function that occurs on or after the

commencement day.

Approval under old Act continues to have effect

(2) If, under subsection 499(4) of the old Act, a committee of

inspection or the company’s creditors give approval for a director

of the company to continue to perform or exercise the director’s

powers or functions, subsections 198G(1) and (2) (as inserted by

Schedule 2 to the Insolvency Law Reform Act 2016) do not apply in

relation to the director.

Subdivision D—Funds handling

1586 Application of Division 65 of the Insolvency Practice Schedule

(Corporations)—general rule

Division 65 of the Insolvency Practice Schedule (Corporations)

applies in relation to an ongoing external administration of a

company.

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Section 1587

Corporations Act 2001 217

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1587 Administration account

If, immediately before the commencement day, a person has a

liquidator’s general account in relation to the external

administration of:

(a) a company; or

(b) a company in a pooled group;

the account is taken on and after the commencement day to be an

administration account for the company for the purposes of

section 65-5 of the Insolvency Practice Schedule (Corporations).

1588 Paying money into administration account

Application of the Insolvency Practice Schedule (Corporations)

(1) Sections 65-5 and 65-15 of the Insolvency Practice Schedule

(Corporations) do not apply in relation to money received before

the commencement day.

Old regulations continue to apply to money received before

commencement

(2) Paragraph 5.6.06(1)(b) of the old regulations continues to apply in

relation to money received before the commencement day.

1589 Paying money out of administration account

Section 65-25 of the Insolvency Practice Schedule (Corporations)

does not apply in relation to money paid out of an administration

account before the commencement day.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1590

218 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1590 Handling securities

Application of the Insolvency Practice Schedule (Corporations)

(1) Section 65-40 of the Insolvency Practice Schedule (Corporations)

does not apply in relation to negotiable instruments and other

securities received before the commencement day.

Old regulations continue to apply to money received before

commencement

(2) Regulation 5.6.07 of the old regulations continues to apply in

relation to bills, notes and other securities received before the

commencement day.

Subdivision E—Information

1591 Application of Division 70 of the Insolvency Practice Schedule

(Corporations)—general rule

Division 70 of the Insolvency Practice Schedule (Corporations)

applies in relation to an ongoing external administration of a

company.

1592 Accounts and administration returns

Administration returns for 2017-18 and later years

(1) Sections 70-5 and 70-6 of the Insolvency Practice Schedule

(Corporations) apply in relation to the financial year starting on

1 July 2017 and later financial years.

Accounts under old Act

(2) Subsection (3) of this section applies in relation to the repeal of

each of the following sections of the old Act by Schedule 2 to the

Insolvency Law Reform Act 2016:

(a) 438E;

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Section 1593

Corporations Act 2001 219

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) 445J;

(c) 539.

(3) To the extent that a repealed section relates to a period for which

an account or statement must be lodged:

(a) the repeal of the section applies in relation to periods starting

on or after 1 July 2017; and

(b) the section applies in relation to periods starting before 1 July

2017 and ending after that day as if the period ends on

30 June 2017.

Continuation of audits under old Act

(4) For the avoidance of doubt, despite the repeal of a section

mentioned in subsection (2) by Schedule 2 to the Insolvency Law

Reform Act 2016, audits may be continued under that section in

relation to accounts lodged under that section as if the old Act

continued to apply.

1593 Administration books

Application of the Insolvency Practice Schedule (Corporations)

(1) Section 70-10 of the Insolvency Practice Schedule (Corporations)

does not apply in relation to events:

(a) that occur before the commencement day; and

(b) in respect of which, or because of which, entries or minutes

are to be made.

Old Act continues to apply to events etc. before commencement day

(2) Despite the repeal of section 531 of the old Act by Schedule 2 to

the Insolvency Law Reform Act 2016, that section continues to

apply in relation to events:

(a) that occur before the commencement day; and

(b) in respect of which, or because of which, entries or minutes

must be made.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1594

220 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1594 Audit of administration books

Sections 70-15 to 70-25 of the Insolvency Practice Schedule

(Corporations) apply to books relating to an ongoing external

administration whether or not the books are kept under a provision

of the old Act or of the Insolvency Practice Schedule

(Corporations).

1595 Transfer of administration books

Application of the Insolvency Practice Schedule (Corporations)

(1) Sections 70-30 and 70-31 of the Insolvency Practice Schedule

(Corporations) apply in relation to a person who ceases to be the

external administrator of a company on or after the commencement

day.

Application of repeal of old Act

(2) The repeal of section 1298A of the old Act by Schedule 2 to the

Insolvency Law Reform Act 2016 applies in relation to a person

whose registration as a liquidator is cancelled or suspended on or

after the commencement day.

1596 Retention and destruction of administration books

Application of the Insolvency Practice Schedule (Corporations)

(1) To avoid doubt, section 70-35 of the Insolvency Practice Schedule

(Corporations) applies to books relating to an ongoing external

administration whether or not the books were kept under a

provision of the old Act or of the Insolvency Practice Schedule

(Corporations).

Old Act continues to apply in relation to books for old external

administrations

(2) If:

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Section 1597

Corporations Act 2001 221

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) an external administration of a company ends before the

commencement day; and

(b) immediately before that day, a person was required under

section 542 of the old Act to retain books of the company for

a period; and

(c) but for the repeal of that section by Schedule 2 to the

Insolvency Law Reform Act 2016, that period would have

ended on or after the commencement day;

section 542 of the old Act continues to apply (despite its repeal by

Schedule 2 to the Insolvency Law Reform Act 2016) on and after

the commencement day in relation to the person for the remainder

of that period.

Continued effect of consent by ASIC under old Act

(3) If before the commencement day, a person is entitled under

subsections 542(3) and (4) of the old Act to destroy books of a

company (or of the person’s that are relevant to the affairs of the

company) then, despite section 70-35 of the Insolvency Practice

Schedule (Corporations), those books may be destroyed.

1597 Giving information to creditors etc.

Subdivision D of Division 70 of the Insolvency Practice Schedule

(Corporations) applies whether or not the information, report or

document referred to in subsection 70-40(1), 70-45(1), 70-46(2),

70-47(2) or 70-50(1) of the Insolvency Practice Schedule

(Corporations):

(a) was obtained or generated; or

(b) was made or prepared; or

(c) is in respect of actions or events that occurred;

before, on or after the commencement day.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1598

222 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

1598 Commonwealth may request information

Section 70-55 of the Insolvency Practice Schedule (Corporations)

applies whether or not the information, report or document referred

to in subsection 70-55(2):

(a) was obtained or generated; or

(b) was made or prepared; or

(c) is in respect of actions or events that occurred;

before, on or after the commencement day.

1599 Reporting to ASIC

Section 70-60 of the Insolvency Practice Schedule (Corporations)

applies whether or not the information, report or document referred

to in subsection 70-60(1):

(a) was obtained or generated; or

(b) was made or prepared; or

(c) is in respect of actions or events that occurred;

before, on or after the commencement day.

1600 Old Act continues to apply in relation to notices to remedy

default

Despite its repeal by Schedule 2 to the Insolvency Law Reform Act

2016, section 540 of the old Act continues to apply in relation to a

notice mentioned in that section that is served on a person before

the commencement day.

Subdivision F—Meetings

1601 Application of Division 75 of the Insolvency Practice Schedule

(Corporations)—general rule

(1) Division 75 of the Insolvency Practice Schedule (Corporations)

applies in relation to an ongoing external administration of a

company.

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Section 1602

Corporations Act 2001 223

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) However, Division 75 of the Insolvency Practice Schedule

(Corporations) does not apply in relation to meetings convened or

held before the commencement day.

1602 External administrator must convene meetings in certain

circumstances

Application of the Insolvency Practice Schedule (Corporations)

(1) Section 75-15 of the Insolvency Practice Schedule (Corporations)

does not apply in relation to:

(a) directions given before the commencement day; or

(b) resolutions passed before the commencement day.

Old Act continues to apply in relation to resolutions for voluntary

winding up passed before commencement day

(2) Despite their repeal by Schedule 2 to the Insolvency Law Reform

Act 2016:

(a) sections 497 and 498 of the old Act continue to apply on and

after the commencement day in relation to a resolution for

voluntary winding up that is passed before the

commencement day; and

(b) subsection 477(4) of the old Act continues to apply on and

after the commencement day if a meeting of creditors has not

been held under section 497 of the old Act in relation to a

voluntary winding up a resolution for which is passed before

the commencement day.

1603 Old Act continues to apply in relation to reporting for first

year of administration

(1) This section applies if, in relation to a company, a year mentioned

in subsection 508(1) of the old Act starts before the

commencement day but ends after that day.

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Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1604

224 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) Despite its repeal by Schedule 2 to the Insolvency Law Reform Act

2016, section 508 of the old Act continues to apply on and after the

commencement day in relation to the company for that year.

1604 Old Act continues to apply to the deregistration of companies

The repeal and substitution of section 509 by Schedule 2 to the

Insolvency Law Reform Act 2016 applies where the external

administration of the company ends during a financial year starting

on or after 1 July 2017.

1605 Old Act continues to apply for certain meetings convened etc.

before commencement day

(1) If:

(a) the administrator of a company under external administration

is required to convene a meeting of the company’s creditors

under section 439A of the old Act; and

(b) the convening period for the meeting as fixed by

subsection 439A(5) of the old Act (or extended under

subsection (6) of that section) ends on or after the

commencement day; and

(c) as at the commencement day, the meeting has not been

convened;

then the old Act continues to apply on and after the

commencement day (despite the repeal of subsections 439A(3) and

(4) and section 439B by Schedule 2 to the Insolvency Law Reform

Act 2016) in relation to the meeting.

(2) Despite the repeal of section 445F of the old Act and the

amendment of section 445A of the old Act by Schedule 2 to the

Insolvency Law Reform Act 2016, those sections continue to apply

on and after the commencement day in relation to meetings for

which a notice under subsection 445F(2) is given before the

commencement day.

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Section 1606

Corporations Act 2001 225

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(3) Despite its repeal by Schedule 2 to the Insolvency Law Reform Act

2016, section 479 of the old Act continues to apply on and after the

commencement day in relation to meetings which have been

convened under subsection 479(2) or for which a direction or

request is given under that subsection before the commencement

day.

(4) Despite the amendment of subsection 496(8) of the old Act by

Schedule 2 to the Insolvency Law Reform Act 2016, that subsection

continues to apply on and after the commencement day in relation

to meetings convened before the commencement day as if the

amendment had not been made.

1606 Outcome of voting at creditors’ meeting determined by related

entity or on casting vote—Court powers

Sections 75-41 to 75-45 of the Insolvency Practice Schedule

(Corporations) apply whether a proposal has been voted on or a

resolution passed before, on or after the commencement day.

Subdivision G—Committees of inspection

1607 Application of Division 80 of the Insolvency Practice Schedule

(Corporations)—general rules

(1) Division 80 of the Insolvency Practice Schedule (Corporations)

applies in relation to a committee of inspection for an ongoing

external administration of a company:

(a) that is appointed under that Division on or after the

commencement day; or

(b) that is appointed under a provision of the old Act but is taken

to be a committee of inspection under subsection 1608(2) of

this Subdivision.

(2) However, Division 80 of the Insolvency Practice Schedule

(Corporations) does not apply in relation to meetings of, or related

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Section 1608

226 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

to, the committee of inspection convened or held before the

commencement day.

1608 Appointing committees of inspection

Committees appointed under old Act taken to be committee of

inspection

(1) Subsection (2) applies if there is, in relation to the external

administration of a company:

(a) a committee of creditors validly appointed under

section 436E of the old Act; or

(b) a committee of inspection validly appointed under

section 548 of the old Act; or

(c) a committee of inspection validly appointed under

section 548A of the old Act.

(2) On and after the day specified in subsection (3), the committee (the

continued committee) is taken for the purposes of the Insolvency

Practice Schedule (Corporations) to be:

(a) in the case of a committee appointed under section 436E or

548 of the old Act—a committee of inspection established

under section 80-10 of the Insolvency Practice Schedule

(Corporations) in relation to the external administration of

the company; and

(b) in the case of a committee appointed under section 548A of

the old Act—a committee of inspection established under

section 80-26 of the Insolvency Practice Schedule

(Corporations) in relation to a pooled group of which the

company is a member.

(3) For the purposes of subsection (2), the day is:

(a) in the case of a committee appointed on or before the

commencement day—the commencement day; and

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Section 1609

Corporations Act 2001 227

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) in the case of a committee appointed on a day that is after the

commencement day in accordance with a provision of this

section—that later day.

Old Act continues to apply to certain meetings

(4) If:

(a) because of the operation of section 436E, 548 or 548A (the

repealed section) of the old Act before the commencement

day, the administrator or liquidator of a company is required

to convene a meeting; and

(b) as at the commencement day, the meeting has not been

convened;

then (despite their repeal by Schedule 2 to the Insolvency Law

Reform Act 2016) the repealed sections of the old Act continue to

apply on and after the commencement day in relation to the

meeting.

1609 Old Act continues to apply to certain reports by administrator

If, before the commencement day, the administrator of a company

under administration is directed under subsection 436F(3) of the

old Act to give a report, then despite the repeal of section 436F by

Schedule 2 to the Insolvency Law Reform Act 2016, that section

continues to apply on and after commencement day in relation to

the report.

1610 Membership of continued committees

Members of continued committees

(1) The members of a continued committee are the members appointed

to the committee under section 436E (in accordance with

section 436G), 548 or 548A of the old Act, as the case requires.

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Section 1611

228 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Old Act continues to apply to members of continued committees

(2) If a person is a member of a continued committee, then despite the

repeal of:

(a) section 436G, 548 or 548A (and any regulations made under

that section), as the case requires; and

(b) section 550;

by Schedule 2 to the Insolvency Law Reform Act 2016, those

provisions continue to apply in relation to the person.

Application of the Insolvency Practice Schedule (Corporations)

(3) The following provisions do not apply in relation to members of a

continued committee:

(a) sections 80-15 to 80-25 and paragraph 80-26(2)(b) of the

Insolvency Practice Schedule (Corporations);

(b) Insolvency Practice Rules made under section 80-30 of the

Insolvency Practice Schedule (Corporations) that relate to

membership of a committee of inspection.

Note: However, the committee could dissolve and the members could form a

new committee to which these provisions would then apply.

1611 Validity of appointment under section 548 of the old Act not

affected by lack of separate meeting of contributories

(1) The appointment of a committee of inspection under section 548 of

the old Act before the commencement day is not invalid merely

because a separate meeting of contributories was not convened for

the purposes of determining:

(a) whether a committee of inspection should be appointed; and

(b) where a committee of inspection is to be appointed:

(i) the numbers of members to represent the creditors and

the contributories, respectively; and

(ii) the persons who are to be members of the committee

representing creditors and contributories, respectively.

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Section 1612

Corporations Act 2001 229

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) However, if:

(a) a debt or claim has been paid in the winding up of a company

before the commencement day; and

(b) the priority given to the debt or claim was determined under

section 556 of the Corporations Act 2001 on the basis that a

committee of inspection was not validly appointed because a

separate meeting of contributories was not convened for the

purposes mentioned in paragraphs (1)(a) and (b); and

(c) but for subsection (1), the committee of inspection would not

have been validly appointed;

the priority of the payment is not affected by subsection (1).

1612 Continued application of directions by creditors or committees

under the old Act

Sections 80-35 and 85-5 of the Insolvency Practice Schedule

(Corporations) apply whether or not the direction is given before,

on or after the commencement day.

1613 Committee of inspection may request information

Section 80-40 of the Insolvency Practice Schedule (Corporations)

applies whether or not the information, report or document referred

to in subsection 80-40(1):

(a) was obtained or generated; or

(b) was made or prepared; or

(c) is in respect of actions or events that occurred;

before, on or after the commencement day.

1614 Duties of members of committee of inspection and creditors

relating to profits and advantages etc.

Sections 80-55 and 80-60 of the Insolvency Practice Schedule

(Corporations) apply to arrangements made on or after the

commencement day.

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and related consequential amendments

Section 1615

230 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision H—Review of the external administration of a

company

1615 Application of Division 90 of the Insolvency Practice Schedule

(Corporations)—general rule

Division 90 of the Insolvency Practice Schedule (Corporations)

applies in relation to an ongoing external administration whether or

not the matter to be reviewed occurred before, on or after the

commencement day.

1616 Application of the Insolvency Practice Schedule (Corporations)

provisions that conflict with old Act Court orders—

general rule

(1) This section applies if a court makes an order in relation to a

person or the external administration of a company under the old

Act (the old Act order).

(2) The old Act order does not cease to have effect because a provision

of the old Act under which it was made has been amended or

repealed by Schedule 2 to the Insolvency Law Reform Act 2016.

(3) If the old Act order is inconsistent with a provision of this Act that

is amended or inserted by Schedule 2 to the Insolvency Law

Reform Act 2016, then, subject to this Part, the provision does not

apply to the extent that it is inconsistent with the old Act order.

1617 Old Act continues to apply in relation to ongoing proceedings

before a court—general rule

(1) This section applies if proceedings are brought under the old Act in

a court (on application or on the initiative of the court) in relation

to the external administration of a company either:

(a) before the commencement day; or

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Section 1618

Corporations Act 2001 231

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(b) on or after the commencement day (in accordance with a

provision of this Division).

(2) Subject to this Part, nothing in Schedule 2 to the Insolvency Law

Reform Act 2016 affects:

(a) the proceedings; or

(b) the power of the court to make orders in relation to the

proceedings; or

(c) any orders made by the court in relation to the proceedings;

or

(d) any enforcement in relation to, or as a result of, the

proceedings (including giving effect to any court orders); or

(e) any appeal or review in relation to the proceedings.

(3) Subject to this Part, the old Act continues to apply on and after the

commencement day in relation to the proceedings despite the

amendments and repeals made by Schedule 2 to the Insolvency

Law Reform Act 2016.

(4) In this section:

proceedings include civil and criminal proceedings, inquiries by

the court, enforcement processes and any other processes.

1618 Court powers to inquire into and make orders

Application of the Insolvency Practice Schedule (Corporations)

(1) Subsections (2) to (4) are for the avoidance of doubt.

(2) Sections 90-5 and 90-10 of the Insolvency Practice Schedule

(Corporations) apply whether or not the information, report or

document mentioned in subsections 90-5(2) and 90-10(4) was

prepared before, on or after the commencement day.

(3) Paragraph 90-15(3)(f) of the Insolvency Practice Schedule

(Corporations) applies whether or not the remuneration is paid or

payable before, on or after the commencement day.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 3 Application of Part 3 of the Insolvency Practice Schedule (Corporations)

and related consequential amendments

Section 1619

232 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(4) Subsection 90-15(4) of the Insolvency Practice Schedule

(Corporations) applies whether or not the action or failure to act

occurred before, on or after the commencement day.

Old Act continues to apply for inquiries started under section 536

(5) Despite the repeal of section 536 of the old Act by Schedule 2 to

the Insolvency Law Reform Act 2016, that section continues to

apply in relation to inquiries commenced by ASIC before the

commencement day (including inquiries commenced because of

the extension of section 536 by subsection 411(9) to persons

appointed under the terms of a compromise or arrangement).

Application of new section 599

(6) Section 599 (as inserted by Schedule 2 to the Insolvency Law

Reform Act 2016) applies whether or not the act, omission or

decision occurred before, on or after the commencement day.

1619 Review by another registered liquidator

(1) The following subsections are for the avoidance of doubt.

(2) Sections 90-24 and 90-26 of the Insolvency Practice Schedule

(Corporations) apply whether or not:

(a) the remuneration is paid or payable; or

(b) the cost or expense is incurred or paid;

before, on or after the commencement day.

(3) A period determined by the Court under paragraph 90-26(4)(d) of

the Insolvency Practice Schedule (Corporations) or prescribed

under paragraph 90-26(4)(c) may include a period that:

(a) starts before the commencement day but ends after that day;

or

(b) starts and ends before the commencement day.

(4) Section 90-28 of the Insolvency Practice Schedule (Corporations)

applies whether or not the books or information mentioned in

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Section 1620

Corporations Act 2001 233

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

paragraph 90-28(2)(a) were prepared before, on or after the

commencement day.

(5) Rules made for the purposes of section 90-29 of the Insolvency

Practice Schedule (Corporations) in relation to the meaning of

properly incurred may make provision for or in relation to costs

and expenses incurred before, on or after the commencement day.

1620 Removal by creditors

For the avoidance of doubt, section 90-35 of the Insolvency

Practice Schedule (Corporations) applies whether or not the

external administrator was appointed before, on or after the

commencement day.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 4 Administrative review

Section 1621

234 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 4—Administrative review

1621 Administrative Appeals Tribunal proceedings

(1) This section applies if an application is made to the Administrative

Appeals Tribunal for review of a decision made under the old Act

either:

(a) before the commencement day; or

(b) on or after the commencement day (in accordance with a

provision of this Part).

(2) Subject to this Part, nothing in the Insolvency Law Reform Act

2016 affects:

(a) any proceedings before the Administrative Appeals Tribunal

in relation to the decision; or

(b) the powers of the Administrative Appeals Tribunal in relation

to the decision; or

(c) any enforcement in relation to, or as a result of, a decision of

the Administrative Appeals Tribunal in relation to the

decision; or

(d) any appeal or review in relation to a decision of the

Administrative Appeals Tribunal in relation to the decision.

(3) Subject to this Part, the old Act continues to apply on and after the

commencement day in relation to the proceedings despite the

amendments and repeals made by Schedule 2 to the Insolvency

Law Reform Act 2016.

Applications for review made after the commencement day

(4) Despite the repeals and amendments made by the Insolvency Law

Reform Act 2016, applications may be made to the Administrative

Appeals Tribunal for review of the decision.

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Section 1622

Corporations Act 2001 235

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Division 5—Application of other consequential

amendments

1622 Outcome of voting at creditors’ meeting determined by related

entity or on casting vote—Court powers

Sections 415A to 415C, as inserted by the Insolvency Law Reform

Act 2016, apply whether a proposed resolution has been voted on

before, on or after the commencement day.

1623 Returns and accounts by controllers

Returns by controllers for 2017-18 and later years

(1) Sections 422A and 422B, as inserted by Schedule 2 to the

Insolvency Law Reform Act 2016, apply in relation to the financial

year starting on 1 July 2017 and later financial years.

Accounts under old Act

(2) Subsection (3) of this section applies in relation to the amendment

of section 432 of the old Act by Schedule 2 to the Insolvency Law

Reform Act 2016.

(3) To the extent that section 432 of the old Act relates to a period for

which an account must be lodged:

(a) the amendment of the section applies in relation to periods

starting on or after 1 July 2017; and

(b) the unamended section applies in relation to periods starting

before 1 July 2017 and ending after that day as if the period

ends on 30 June 2017.

Continuation of audits under old Act

(4) For the avoidance of doubt, despite the amendment of section 432

of the old Act by Schedule 2 to the Insolvency Law Reform Act

2016, audits may be continued under that section in relation to

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 5 Application of other consequential amendments

Section 1624

236 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

accounts lodged under that section as if the old Act continued to

apply.

1624 Transfer of books by a controller to a new controller or ASIC

Sections 422C and 422D, as inserted by Schedule 2 to the

Insolvency Law Reform Act 2016, apply in relation to a person who

ceases to act as a controller of property of a corporation on or after

the commencement day.

1625 Officers reporting to controller about corporation’s affairs

The amendment of paragraph 429(2)(b) by Schedule 2 to the

Insolvency Law Reform Act 2016 applies in relation to notices

received on or after the commencement day.

1626 Lodging notice of execution of a deed of company arrangement

The amendment of paragraph 450B(c), and substitution with

paragraph 450B(b), by Schedule 2 to the Insolvency Law Reform

Act 2016 applies in relation to deeds of company arrangement

executed on or after the commencement day.

1627 Office of liquidator appointed by the Court

Vacancies in office of liquidator appointed by the Court

(1) Despite the repeal of section 473 of the old Act by Schedule 2 to

the Insolvency Law Reform Act 2016, that section continues to

apply in relation to a vacancy in the office of a liquidator appointed

by the Court that occurs before the commencement day.

(2) Section 473A, as inserted by Schedule 2 to the Insolvency Law

Reform Act 2016, applies in relation to vacancies in the office of a

liquidator appointed by the Court that occur on or after the

commencement day.

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Section 1628

Corporations Act 2001 237

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Where there are 2 or more liquidators appointed by the Court

(3) Subsections 473A(4) and (5), as inserted by Schedule 2 to the

Insolvency Law Reform Act 2016, apply in relation to 2 or more

liquidators appointed by the Court, whether the liquidators were

appointed before, on or after the commencement day.

1628 Report as to company’s affairs to be submitted to liquidator

(1) The amendments of section 475 by Schedule 2 to the Insolvency

Law Reform Act 2016 apply where a winding up order is made on

or after the commencement day.

(2) The repeal of section 476 of the old Act by Schedule 2 to the

Insolvency Law Reform Act 2016 applies where a report referred to

in subsection 475(1) or (2) is received on or after the

commencement day.

1629 Orders for release or deregistration

Despite the amendment of paragraph 481(1)(a) by Schedule 2 to

the Insolvency Law Reform Act 2016, that paragraph continues to

apply in relation to auditors appointed by ASIC under section 539

of the old Act.

1630 Meeting relating to the voluntary winding up of a company

The repeal and substitution of section 506A by Schedule 2 to the

Insolvency Law Reform Act 2016 applies where the resolution for

the voluntary winding up of a company is passed on or after the

commencement day.

1631 Pooling determinations

(1) The repeal of sections 574 to 576 of the old Act by Schedule 2 to

the Insolvency Law Reform Act 2016 apply where a pooling

determination is made or varied on or after the commencement

day.

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Part 10.25 Transitional provisions relating to the Insolvency Practice Schedule

(Corporations)

Division 5 Application of other consequential amendments

Section 1632

238 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) Subsection 577(1A), as inserted by Schedule 2 to the Insolvency

Law Reform Act 2016, applies where a pooling determination is

made or varied on or after the commencement day.

(3) The repeal of subsection 577(2) of the old Act by Schedule 2 to the

Insolvency Law Reform Act 2016 applies to resolutions agreed on

or after the commencement day.

1632 Electronic methods of giving or sending certain notices

(1) If:

(a) a notice or other document was authorised or required to be

given or sent under a provision of the old Act mentioned in a

paragraph of subsection 600G(1) that is repealed by

Schedule 2 to the Insolvency Law Reform Act 2016; and

(b) although the authorisation or requirement arose before the

commencement day, the notice or other document is required

to be given or sent on or after the commencement day;

that paragraph of subsection 600G(1) continues to apply in relation

to the giving or sending of the notice or other document.

(2) Subsections 600G(4) and (4A), as inserted by Schedule 2 to the

Insolvency Law Reform Act 2016, apply in relation to notices or

other documents given or sent on or after the commencement day.

1633 Deregistration following winding up

(1) If, on or after the commencement day, the Court orders the

deregistration of a company under subsection 509(6) of the old

Act, subsection 601AC(1) of the old Act continues to apply in

relation to the order.

(2) Subsection 601AC(2) of the old Act continues to apply in relation

to a company for which a return has been lodged under section 509

before the commencement day.

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Regulations Division 6

Section 1634

Corporations Act 2001 239

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Division 6—Regulations

1634 Regulations

(1) The Governor-General may make regulations prescribing matters

of a transitional nature (including prescribing any saving or

application provisions) relating to the amendments and repeals

made by Schedule 2 to the Insolvency Law Reform Act 2016.

(2) The regulations may provide that certain provisions of Schedule 2

to the Insolvency Law Reform Act 2016 are taken to be modified as

set out in the regulations. Those provisions then have effect as if

they were so modified.

(3) The provisions of Schedule 2 to the Insolvency Law Reform Act

2016 that provide for regulations to deal with matters do not limit

each other.

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Chapter 10 Transitional provisions

Part 10.26 Transitional provisions relating to Schedule 3 to the Insolvency Law

Reform Act 2016

Section 1635

240 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.26—Transitional provisions relating to

Schedule 3 to the Insolvency Law Reform

Act 2016

1635 Application of amendments made by Schedule 3 to the

Insolvency Law Reform Act 2016

(1) The amendment made by Part 1 of Schedule 3 to the Insolvency

Law Reform Act 2016 applies in relation to the administration of a

company that begins on or after the commencement of that

Schedule.

(2) The amendment made by Part 2 of Schedule 3 to the Insolvency

Law Reform Act 2016 applies in relation to material

contraventions, and likely material contraventions, of a deed of

company arrangement that occur on or after the commencement of

that Schedule, regardless of when the deed was executed.

(3) The amendment made by item 9 of Part 4 of Schedule 3 to the

Insolvency Law Reform Act 2016 applies in relation to deeds of

company arrangement that are terminated on or after the

commencement of that Schedule.

(4) The amendments made by Part 5 of Schedule 3 to the Insolvency

Law Reform Act 2016 apply for the purposes of working out the

relation-back day in relation to a winding up of a company or

Part 5.7 body starting on or after the commencement of that

Schedule.

(5) The amendments made by items 22, 23, 25, 26, 29 and 30 of Part 6

of Schedule 3 to the Insolvency Law Reform Act 2016 apply in

relation to declarations made after the commencement of that

Schedule.

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Section 1635

Corporations Act 2001 241

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(6) The amendment made by item 28 of Part 6 of Schedule 3 to the

Insolvency Law Reform Act 2016 applies in relation to resolutions

passed on or after the commencement of that Schedule.

(7) The amendments made by items 31 and 32 of Part 6 of Schedule 3

to the Insolvency Law Reform Act 2016 apply in relation to orders

made on or after the commencement of that Schedule.

(8) The amendment made by item 33 of Part 6 of Schedule 3 to the

Insolvency Law Reform Act 2016 applies in relation to orders and

declarations made on or after the commencement of that Schedule.

(9) The amendment made by item 34 of Part 6 of Schedule 3 to the

Insolvency Law Reform Act 2016 applies whether the payment of

an amount in respect of a liability was made before, on or after the

commencement of that Schedule.

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Chapter 10 Transitional provisions

Part 10.28 Transitional provisions relating to the Treasury Laws Amendment (2016

Measures No. 1) Act 2017

Section 1637

242 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 10.28—Transitional provisions relating to the

Treasury Laws Amendment (2016

Measures No. 1) Act 2017

1637 Application of subparagraph 1274(2)(a)(iva) and

subsections 1274(2AA) and (2AB)

Subparagraph 1274(2)(a)(iva) and subsections 1274(2AA) and

(2AB), as inserted by Schedule 2 to the Treasury Laws Amendment

(2016 Measures No. 1) Act 2017, apply to the following:

(a) a disclosure document lodged under section 718 after that

Schedule commences;

(b) a replacement document lodged under section 719 after that

commencement;

(c) a supplementary document lodged under section 719 after

that commencement if the disclosure document it

supplements was also lodged after that commencement.

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Introduction Part 1

Introduction Division 1

Section 1-1

Corporations Act 2001 243

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Schedule 2—Insolvency Practice Schedule

(Corporations) Note: See section 600K.

Part 1—Introduction

Division 1—Introduction

1-1 Object of this Schedule

(1) The object of this Schedule is to ensure that any person registered

as a liquidator:

(a) has an appropriate level of expertise; and

(b) behaves ethically; and

(c) maintains sufficient insurance to cover his or her liabilities in

practising as a registered liquidator.

(2) The object of this Schedule is also:

(a) to regulate the external administration of companies

consistently, unless there is a clear reason to treat a matter

that arises in relation to a particular kind of external

administration differently; and

(b) to regulate the external administration of companies to give

greater control to creditors.

1-5 Simplified outline of this Schedule

Registering liquidators

Under this Act, only a registered liquidator can perform certain

roles, such as that of the receiver of the property of a corporation,

the administrator of a company or of a deed of company

arrangement, or the liquidator or provisional liquidator of a

company.

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Division 1 Introduction

Section 1-5

244 Corporations Act 2001

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Part 2 of this Schedule sets out the process for registering

liquidators, and also deals with disciplining registered liquidators.

Consistently regulating the external administration of companies

Part 3 of this Schedule sets out provisions to regulate the external

administration of companies consistently.

A company is under external administration if the company is

under administration, is the subject of a deed of company

arrangement or has had a liquidator or provisional liquidator

appointed in relation to it. A company is not under external

administration merely because a person has been appointed as a

receiver, receiver and manager or other controller in relation to the

property of the company.

Other provisions

There are other matters relevant to the external administration of a

company regulated in Chapter 5.

This Schedule also gives authority for a legislative instrument, the

Insolvency Practice Rules, to deal with some matters.

Many of the terms in this Schedule are defined. The Dictionary in

section 5-5 contains a list of every term that is defined in this

Schedule. Other terms are defined in section 9 of this Act.

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Introduction Part 1

Definitions Division 5

Section 5-1

Corporations Act 2001 245

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Division 5—Definitions

Subdivision A—Introduction

5-1 Simplified outline of this Division

Terms used in this Schedule are defined in the Dictionary. In some

cases, the definition is a signpost to another provision of the

Schedule in which the meaning of the term is explained.

Some of the key terms, the meaning of which is explained in this

Division, are external administration of a company and external

administrator of a company.

Subdivision B—The Dictionary

5-5 The Dictionary

In this Schedule:

adequate and appropriate fidelity insurance has a meaning

affected by subsection 25-1(2).

adequate and appropriate professional indemnity insurance has a

meaning affected by subsection 25-1(2).

administration account: see section 65-5.

annual administration return means the return required to be

lodged under subsection 70-5(3).

annual liquidator return means the return required to be lodged

under subsection 30-1(1).

approved form: a document is lodged in the approved form if it is

lodged in accordance with section 100-6.

committee of inspection for a company means:

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Section 5-5

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(a) a committee appointed under sections 80-10 to 80-25 in

relation to the external administration of the company; or

(b) a committee that is taken to be a committee of inspection in

relation to the external administration of the company under

subsection 80-26(3) (the company is a member of a pooled

group).

creditor, when used in relation to a company under external

administration, means a creditor of the company.

current conditions: see section 5-10.

end of administration return means the return required to be

lodged under subsection 70-6(2).

end of an external administration of a company means:

(a) in relation to a company under administration—the day

worked out under paragraph 435C(1)(b); and

(b) in relation to a company subject to a deed of company

arrangement—the day the deed is terminated; and

(c) in the case of a winding up of a company—the day on which

the affairs of the company are fully wound up.

external administration of a company: see section 5-15.

external administrator of a company: see section 5-20.

financial interest: a person has a financial interest in the external

administration of a company in the circumstances set out in

section 5-30.

GST has the same meaning as in the A New Tax System (Goods

and Services Tax) Act 1999.

Insolvency Practice Rules means the rules made by the Minister

under section 105-1.

Insolvency Practice Schedule (Bankruptcy) means Schedule 2 to

the Bankruptcy Act 1966, and includes rules made under

section 105-1 of that Schedule.

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March quarter means the period of 3 months beginning on

1 January.

maximum default amount for an external administrator of a

company: see section 60-15.

member of a pooled group: see section 5-27.

pooled group: see section 5-27.

prescribed means prescribed by the Insolvency Practice Rules.

property has a meaning affected by section 5-26.

registered liquidator means an individual who is registered as a

liquidator under Part 2 of this Schedule.

Register of Liquidators means the register established and

maintained by ASIC under section 15-1.

related entity, in relation to an individual, has the same meaning as

in the Bankruptcy Act 1966.

remuneration determination, for an external administrator of a

company, means a determination made in accordance with

section 60-10 in relation to the external administrator.

resolution: a resolution is passed by creditors or contributories of a

company:

(a) in a meeting—in the circumstances prescribed under

paragraph 75-50(2)(k); or

(b) without a meeting—in the circumstances prescribed under

paragraph 75-40(5)(b).

reviewing liquidator means a registered liquidator who has been

appointed under section 90-23 or 90-24 to conduct a review.

special resolution: a special resolution is passed by creditors or

contributories of a company:

(a) in a meeting—in the circumstances prescribed under

paragraph 75-50(2)(k); or

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Section 5-10

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(b) without a meeting—in the circumstances prescribed under

paragraph 75-40(5)(b).

start of an external administration of a company means:

(a) in relation to a company under administration—the day an

administrator of the company is appointed under

section 436A, 436B or 436C; and

(b) in relation to a company that is subject to a deed of company

arrangement—the day the deed is executed; and

(c) in the case of a winding up of a company—the day the

winding up of the company is taken to have begun under

section 513A or 513B; and

(d) in relation to a company for which a provisional liquidator

has been appointed—the day the provisional liquidator is

appointed.

this Schedule includes the Insolvency Practice Rules.

Subdivision C—Other definitions

5-10 Meaning of current conditions

(1) Each of the following is a current condition imposed on a

registered liquidator:

(a) a condition that a committee decides that the registered

liquidator is to be subject to under subsection 20-20(5) or (6),

subject to any variation that a committee has decided should

be made to the condition under section 20-55;

(b) a condition imposed on all registered liquidators, or on

registered liquidators of the liquidator’s class, under

section 20-35;

(c) a condition imposed under subsection 40-15(2) (direction not

to accept further appointments);

(d) a condition that a committee decides that the registered

liquidator is to be subject to under paragraph 40-55(1)(f) or

(g) (conditions as a result of disciplinary action), subject to

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any variation that a committee has decided should be made to

the condition under section 20-55;

(e) a condition imposed on the registered liquidator by the Court

under section 45-1.

(2) However, the current conditions imposed on a registered

liquidator do not include:

(a) a condition that a committee has decided to remove under

section 20-55; or

(b) a condition that is removed under subsection 40-15(4)

(condition removed because a direction not to accept further

appointments has been withdrawn); or

(c) a condition that the Court has ordered be removed under

section 45-1.

5-15 Meaning of external administration of a company

A company is taken to be under external administration if:

(a) the company is under administration; or

(b) a deed of company arrangement has been entered into in

relation to the company; or

(c) a liquidator has been appointed in relation to the company; or

(d) a provisional liquidator has been appointed in relation to the

company.

Note: A company is not under external administration for the purposes of

this Schedule merely because a receiver, receiver and manager, or

other controller has been appointed in relation to property of the

company.

5-20 Meaning of external administrator of a company

A person is an external administrator of a company if the person

is:

(a) the administrator of the company; or

(b) the administrator under a deed of company arrangement that

has been entered into in relation to the company; or

(c) the liquidator of the company; or

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Division 5 Definitions

Section 5-25

250 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(d) the provisional liquidator of the company.

Note: A person is not an external administrator of a company for the

purposes of this Schedule merely because the person has been

appointed as a receiver, receiver and manager, or controller in relation

to property of the company.

5-25 References to the external administrator of a company

A reference in this Schedule to the external administrator of a

company is to be read:

(a) in relation to a company in respect of which there are 2 or

more joint external administrators—as a reference to all of

the external administrators; and

(b) in relation to a company in respect of which there are 2 or

more joint and several external administrators—as a

reference to all of the external administrators or any one or

more of the external administrators.

5-26 Property of a company

The property of a company includes any PPSA retention of title

property of the company.

Note: See sections 9 (definition of property) and 51F (PPSA retention of

title property).

5-27 Meaning of pooled group

If:

(a) a pooling determination is in force in relation to a group of 2

or more companies; or

(b) a pooling order is in force in relation to a group of 2 or more

companies;

then:

(c) the companies are together a pooled group; and

(d) each of the companies is a member of the pooled group.

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Introduction Part 1

Definitions Division 5

Section 5-30

Corporations Act 2001 251

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

5-30 Persons with a financial interest in the external administration

of a company

A person has a financial interest in the external administration of a

company:

(a) if the person is one of the following:

(i) the company;

(ii) a creditor of the company;

(iii) an external administrator of the company;

(iv) in a members’ voluntary winding up—a member of the

company; or

(b) in any other circumstances prescribed.

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Part 2 Registering and disciplining practitioners

Division 10 Introduction

Section 10-1

252 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 2—Registering and disciplining practitioners

Division 10—Introduction

10-1 Simplified outline of this Part

Registering liquidators

An individual may apply to ASIC to be registered as a liquidator.

ASIC will refer the application to a committee who will consider

the applicant’s qualifications, conduct and fitness and whether the

applicant will take out appropriate insurance. Registration may be

subject to conditions, is for 3 years and may be renewed.

A registered liquidator must:

(a) lodge an annual return with ASIC that includes proof

that the liquidator has appropriate insurance; and

(b) give ASIC notice if the liquidator’s circumstances

change or if certain other events happen.

Disciplining registered liquidators

If a registered liquidator fails to comply with certain requirements,

such as the requirement to lodge a document or give information,

ASIC may give directions that may result in the liquidator being

unable to accept further appointments. ASIC may also seek a Court

order.

ASIC may suspend or cancel a liquidator’s registration in certain

circumstances. ASIC may also give the liquidator a show-cause

notice. If such a notice is given and no sufficient explanation is

given, ASIC may take further disciplinary action on the decision of

a committee.

Industry bodies may notify ASIC where they suspect there are

grounds for disciplinary action.

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Introduction Division 10

Section 10-5

Corporations Act 2001 253

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Court powers

The Court has broad powers to make orders in relation to

registered liquidators (including imposing conditions on

registration).

10-5 Working cooperatively with the Inspector-General in

Bankruptcy

In performing its functions and exercising its powers under this Act

in relation to persons who are, have been or may become both

registered liquidators under this Act and registered trustees under

the Bankruptcy Act 1966, ASIC must work cooperatively with the

Inspector-General in Bankruptcy.

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Division 15 Register of liquidators

Section 15-1

254 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 15—Register of liquidators

15-1 Register of Liquidators

(1) ASIC must establish and maintain a Register of Liquidators.

(2) The Register of Liquidators may be kept in any form that ASIC

considers appropriate.

(3) The Insolvency Practice Rules may provide for and in relation to

the Register of Liquidators.

(4) Without limiting subsection (3), the Insolvency Practice Rules may

provide for and in relation to:

(a) the details to be entered on the Register of Liquidators; and

(b) the parts of the Register that are to be made available to the

public.

(5) Without limiting paragraph (4)(a), those details may include:

(a) details of any disciplinary action decided by a committee

under section 40-55; and

(b) details of persons who have had their registration as a

liquidator under this Act suspended or cancelled.

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Registering liquidators Division 20

Section 20-1

Corporations Act 2001 255

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 20—Registering liquidators

Subdivision A—Introduction

20-1 Simplified outline of this Division

An individual may apply to ASIC to be registered as a liquidator.

The application will be referred to a committee, which will assess

the application against specified criteria (the applicant’s

qualifications, conduct and fitness and whether the applicant will

take out appropriate insurance). The committee will report its

decision to ASIC and, if the committee decides that the applicant

should be registered, ASIC will register the applicant as a

liquidator.

A registration may be subject to conditions. Conditions may be

imposed on a particular registered liquidator by the committee, or

on all registered liquidators or a class of registered liquidators by

the Insolvency Practice Rules. A registered liquidator may apply to

ASIC to have a condition imposed by a committee removed or

varied. That application will be referred to a committee.

Registration is for 3 years, but may be renewed. An application for

renewal may be made to ASIC within specified time periods.

A decision of a committee about an application for registration or

about a condition of registration is reviewable by the

Administrative Appeals Tribunal (see Part 9.4A of this Act).

Subdivision B—Registration

20-5 Application for registration

(1) An individual may apply to ASIC to be registered as a liquidator.

(2) The application must be lodged with ASIC in the approved form.

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Division 20 Registering liquidators

Section 20-10

256 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: Fees for lodging documents may be imposed under the Corporations

(Fees) Act 2001.

(3) The application is properly made if subsection (2) is complied

with.

20-10 ASIC may convene a committee to consider

(1) ASIC may convene a committee for the purposes of considering an

application, or applications, for registration as a liquidator.

(2) The committee must consist of:

(a) ASIC; and

(b) a registered liquidator chosen by a prescribed body; and

(c) a person appointed by the Minister.

Note 1: Section 50-5 sets out the knowledge and experience that a prescribed

body must be satisfied a person has before making an appointment

under paragraph (2)(b).

Note 2: Section 50-10 sets out the matters of which the Minister must be

satisfied before making an appointment under paragraph (2)(c).

20-15 ASIC must refer applications to a committee

(1) ASIC must refer an application for registration as a liquidator that

is properly made to a committee convened under section 20-10 for

consideration.

(2) ASIC must do so within 2 months after receiving the application.

20-20 Committee to consider applications

Committee must consider referred applications

(1) If an application for registration as a liquidator is referred to a

committee, the committee must consider the application.

(2) For the purposes of considering the application, the committee:

(a) must interview the applicant; and

(b) may require the applicant to sit for an exam.

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Section 20-20

Corporations Act 2001 257

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Decision of committee

(3) Within 45 business days after interviewing the applicant, the

committee must decide whether the applicant should be registered

as a liquidator or not.

(4) The committee must decide that the applicant should be registered

as a liquidator if it is satisfied that the applicant:

(a) has the qualifications, experience, knowledge and abilities

prescribed; and

(b) will take out:

(i) adequate and appropriate professional indemnity

insurance; and

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the applicant may incur working as

a registered liquidator; and

(c) has not been convicted, within 10 years before making the

application, of an offence involving fraud or dishonesty; and

(d) is not, and has not been within 10 years before making the

application, an insolvent under administration; and

(e) has not had his or her registration as a liquidator under this

Act cancelled within 10 years before making the application,

other than in response to a written request by the applicant to

have the registration cancelled; and

(f) has not had his or her registration as a trustee under the

Bankruptcy Act 1966 cancelled within 10 years before

making the application, other than in response to a written

request by the applicant to have the registration cancelled;

and

(g) is not disqualified from managing corporations under

Part 2D.6 of this Act, or under a law of an external Territory

or a law of a foreign country; and

(h) is otherwise a fit and proper person; and

(i) is resident in Australia or in another prescribed country.

(5) The committee may decide that the applicant should be registered

even if the committee is not satisfied of a matter mentioned in

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Division 20 Registering liquidators

Section 20-25

258 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

paragraph (4)(a),(e), (f) or (i), provided the committee is satisfied

that the applicant would be suitable to be registered as a liquidator

if the applicant complied with conditions specified by the

committee.

Registration may be subject to conditions

(6) The committee may decide that the applicant’s registration is to be

subject to any other conditions specified by the committee.

Spent convictions

(7) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose spent

convictions and require persons aware of such convictions to

disregard them.

20-25 Committee to report

The committee must give the applicant and ASIC a report setting

out:

(a) the committee’s decision on the application; and

(b) the committee’s reasons for that decision; and

(c) if the committee decides under subsection 20-20(5) or (6)

that the applicant should be registered subject to a condition:

(i) the condition; and

(ii) the committee’s reasons for imposing the condition.

20-30 Registration

Registration as liquidator

(1) ASIC must register the applicant as a liquidator if:

(a) the committee has decided that the applicant should be

registered; and

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Section 20-35

Corporations Act 2001 259

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) the applicant has produced evidence in writing to ASIC that

the applicant has taken out:

(i) adequate and appropriate professional indemnity

insurance; and

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the applicant may incur working as

a registered liquidator.

Note: Fees may be imposed under the Corporations (Fees) Act 2001 for the

doing of an act by ASIC.

(2) ASIC registers an applicant by entering on the Register of

Liquidators the details relating to the applicant prescribed for the

purposes of subsection 15-1(3).

Registration subject to current conditions

(3) The registration is subject to the current conditions imposed on the

registered liquidator.

Certificate of registration

(4) After registering a person as a liquidator, ASIC must give the

person a certificate of registration.

(5) The certificate may be given electronically.

Period of registration

(6) The registration has effect for 3 years.

20-35 Conditions imposed on all registered liquidators or a class of

registered liquidators

(1) The Insolvency Practice Rules may impose conditions on all

registered liquidators, or registered liquidators of a specified class.

(2) Without limiting subsection (1), a condition may be imposed

limiting the kinds of activity in which a liquidator may engage,

either for the duration of the registration or for a shorter period.

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Division 20 Registering liquidators

Section 20-40

260 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision C—Varying etc. conditions of registration

20-40 Application to vary etc. conditions of registration

(1) If a committee has decided under this Schedule that a person’s

registration as a liquidator is to be subject to a condition, the

person may apply to ASIC for the condition to be varied or

removed.

(2) However, an application cannot be made:

(a) if the person’s registration as a liquidator is suspended; or

(b) if the condition is of a prescribed kind; or

(c) in prescribed circumstances.

(3) The application must be lodged with ASIC in the approved form.

(4) The application is properly made if:

(a) an application can be made; and

(b) subsection (3) is complied with.

(5) A single application by a registered liquidator may deal with more

than one condition.

20-45 ASIC may convene a committee to consider applications

(1) ASIC may convene a committee for the purposes of considering an

application, or applications, made under section 20-40.

(2) The committee must consist of:

(a) ASIC; and

(b) a registered liquidator chosen by a prescribed body; and

(c) a person appointed by the Minister.

Note 1: Section 50-5 sets out the knowledge and experience that a prescribed

body must be satisfied a person has before making an appointment

under paragraph (2)(b).

Note 2: Section 50-10 sets out the matters of which the Minister must be

satisfied before making an appointment under paragraph (2)(c).

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Section 20-50

Corporations Act 2001 261

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

20-50 ASIC must refer applications to a committee

(1) ASIC must refer an application that is properly made under

section 20-40 to a committee convened under section 20-45 for

consideration.

(2) ASIC must do so within 2 months after receiving the application.

20-55 Committee to consider applications

(1) If an application to vary or remove a condition of registration is

referred to a committee, the committee must consider the

application.

(2) Unless the applicant otherwise agrees, the committee must, for the

purposes of considering the application, interview the applicant.

(3) The committee must, within 20 business days after interviewing

the applicant or obtaining the agreement of the applicant as

referred to in subsection (2):

(a) decide whether the condition to which the application relates

should be varied or removed; and

(b) if a condition is to be varied—specify the way in which it is

to be varied.

20-60 Committee to report

The committee must give the applicant and ASIC a report setting

out:

(a) the committee’s decision on the application; and

(b) the committee’s reasons for that decision; and

(c) if the committee decides that a condition should be varied—

the variation that is to be made.

20-65 Committee’s decision given effect

If the committee decides that a condition imposed on a registered

liquidator is to be varied or removed, the condition is varied or

removed in accordance with that decision.

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Division 20 Registering liquidators

Section 20-70

262 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision D—Renewal

20-70 Application for renewal

(1) An individual may apply to ASIC to have the individual’s

registration as a liquidator renewed.

(2) The application must be lodged with ASIC in the approved form:

(a) if the Court makes an order under subsection (3)—on or

before the time specified in the order; or

(b) otherwise—before the applicant’s registration as a liquidator

ceases to have effect.

Note: Fees for lodging documents and late lodgement fees may be imposed

under the Corporations (Fees) Act 2001.

(3) The Court may, on application, extend the time within which the

individual may apply to ASIC to have the individual’s registration

as a liquidator renewed.

(4) The application for renewal is properly made if subsection (2) is

complied with.

20-75 Renewal

Renewal of registration

(1) On application under section 20-70, ASIC must renew the

registration of the applicant as a liquidator if:

(a) the application is properly made; and

(b) the applicant has produced evidence in writing to ASIC that

the applicant maintains:

(i) adequate and appropriate professional indemnity

insurance; and

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the applicant may incur working as

a registered liquidator; and

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Section 20-80

Corporations Act 2001 263

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(c) the applicant has complied with any condition dealing with

continuing professional education to which the applicant is

subject during the applicant’s current registration.

(2) ASIC renews the registration of the applicant by entering, or

maintaining, on the Register of Liquidators the details relating to

the applicant prescribed for the purposes of subsection 15-1(3).

Registration subject to current conditions

(3) The renewed registration is subject to the current conditions

imposed on the registered liquidator.

Certificate of registration

(4) After renewing the registration of a person as a liquidator, ASIC

must give the person a certificate of registration.

(5) The certificate may be given electronically.

Period of registration

(6) The renewed registration has effect for 3 years, beginning on the

day after the person’s immediately preceding registration as a

liquidator ceased to have effect.

Subdivision E—Offences relating to registration

20-80 False representation that a person is a registered liquidator

A person commits an offence if:

(a) the person makes a representation; and

(b) the representation is that the person is a registered liquidator;

and

(c) the representation is false.

Penalty: 30 penalty units.

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Division 25 Insurance

Section 25-1

264 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 25—Insurance

25-1 Registered liquidators to maintain insurance

Registered liquidator must maintain insurance

(1) A registered liquidator must maintain:

(a) adequate and appropriate professional indemnity insurance;

and

(b) adequate and appropriate fidelity insurance;

against the liabilities that the liquidator may incur working as a

registered liquidator.

(2) ASIC may, by legislative instrument, determine what constitutes

adequate and appropriate professional indemnity insurance, and

adequate and appropriate fidelity insurance, in relation to either or

both of the following:

(a) specified circumstances;

(b) one or more specified classes of registered liquidators.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 1,000 penalty units.

(4) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 60 penalty units.

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Annual liquidator returns Division 30

Section 30-1

Corporations Act 2001 265

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 30—Annual liquidator returns

30-1 Annual liquidator returns

Registered liquidator must lodge annual return

(1) A person who is a registered liquidator during all or part of a

liquidator return year for the person must, within 1 month after the

end of that year, lodge with ASIC a return that conforms with

subsection (3).

(2) Each of the following is a liquidator return year for a person who

is or was registered as a liquidator under section 20-30:

(a) the period of 12 months beginning on the day on which that

registration first began;

(b) each subsequent period of 12 months.

(3) A return under subsection (1) must:

(a) be in the approved form; and

(b) include evidence that the person has, during the whole of any

period of the year during which the person was registered as

a liquidator, maintained:

(i) adequate and appropriate professional indemnity

insurance; and

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the person may incur working as a

registered liquidator.

(4) ASIC may, on the application of the registered liquidator made

before the end of the period for lodging a return under

subsection (1), extend, or further extend, that period.

Offence

(5) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

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Division 30 Annual liquidator returns

Section 30-1

266 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) the person fails to comply with the requirement.

Penalty: 5 penalty units.

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Notice requirements Division 35

Section 35-1

Corporations Act 2001 267

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 35—Notice requirements

35-1 Notice of significant events

Registered liquidator must lodge notice

(1) A registered liquidator must lodge with ASIC a notice, in the

approved form, if any of the following events occur:

(a) the liquidator becomes an insolvent under administration;

(b) a bankruptcy notice is issued under the Bankruptcy Act 1966

in relation to the liquidator as debtor, or a corresponding

notice is issued in relation to the liquidator as debtor under a

law of an external Territory or a law of a foreign country;

(c) the liquidator is convicted of an offence involving fraud or

dishonesty;

(d) the liquidator is disqualified from managing corporations

under Part 2D.6 of this Act, or under a law of an external

Territory or a law of a foreign country;

(e) the liquidator ceases to have:

(i) adequate and appropriate professional indemnity

insurance; or

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the liquidator may incur working as

a registered liquidator;

(f) the liquidator is issued with a notice under section 40-40 of

Schedule 2 to the Bankruptcy Act 1966 (a show-cause notice)

in relation to the liquidator’s registration as a trustee under

that Act;

(g) the liquidator’s registration as a trustee under the Bankruptcy

Act 1966 is suspended or cancelled;

(h) any other event prescribed.

The notice must be lodged within 5 business days after the

registered liquidator could reasonably be expected to be aware that

the event has occurred.

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Division 35 Notice requirements

Section 35-5

268 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Offence

(2) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 100 penalty units.

35-5 Notice of other events

Registered liquidator must lodge notice

(1) A registered liquidator must lodge with ASIC a notice, in the

approved form, if any of the following events occur:

(a) information included in an annual liquidator return, an annual

administration return or an end of administration return,

prepared by or on behalf of the liquidator, is or becomes

inaccurate in a material particular;

(b) any other event prescribed.

The notice must be lodged within 10 business days after the

registered liquidator could reasonably be expected to be aware that

the event has occurred.

Offence

(2) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 5 penalty units.

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Disciplinary and other action Division 40

Section 40-1

Corporations Act 2001 269

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 40—Disciplinary and other action

Subdivision A—Introduction

40-1 Simplified outline of this Division

Remedying failure to lodge documents or give information or

documents

ASIC may direct a registered liquidator to comply with a

requirement to lodge a document, or give any information or

document, to ASIC. If the liquidator fails to comply with the

direction, ASIC can direct that the liquidator accept no further

appointments or seek an order from the Court directing the

liquidator to comply.

Correcting and completing information given to ASIC

If ASIC reasonably suspects that information that a registered

liquidator is required to give ASIC is incomplete or inaccurate,

ASIC can direct the liquidator to confirm, complete or correct the

information. ASIC can also direct the liquidator to tell someone

about the defect in the information. If the liquidator fails to comply

with a direction, ASIC can direct that the liquidator accept no

further appointments or seek an order from the Court directing the

liquidator to comply.

Other grounds for a direction not to accept further appointments

There are other grounds on which ASIC can issue a direction not to

accept further appointments, for example, if the registered

liquidator fails to comply with a direction to convene a meeting.

Suspending or cancelling registration

An individual’s registration as a liquidator can be suspended or

cancelled.

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Division 40 Disciplinary and other action

Section 40-5

270 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

The registration is automatically cancelled if the registered

liquidator becomes an insolvent under administration or dies.

In some circumstances, ASIC can suspend or cancel the

registration of a person as a liquidator. ASIC can also give a

registered liquidator notice to show-cause why the liquidator

should continue to be registered. If ASIC is not satisfied with the

answer, ASIC can refer the matter to a committee which will make

a decision on what action should be taken.

An industry body can give ASIC notice of possible grounds for

disciplinary action.

If a registration is suspended, the liquidator can apply to ASIC to

have the suspension lifted or shortened.

A decision about the suspension or cancellation of the registration

of a liquidator is reviewable by the Administrative Appeals

Tribunal (see Part 9.4A of this Act).

Subdivision B—Direction to comply

40-5 Registered liquidator to remedy failure to lodge documents or

give information or documents

Application of this section

(1) This section applies if a registered liquidator fails to comply with a

requirement to lodge any document, or give any information or

document, that the liquidator is required under this Act to lodge

with or give to ASIC.

ASIC may give direction to comply

(2) ASIC may, in writing, direct the liquidator to comply with the

requirement within 10 business days after the direction is given.

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(3) ASIC may, on the application of a registered liquidator made

before the end of the period referred to in subsection (2), extend, or

further extend, that period.

Consequences for failing to comply

(4) If the liquidator does not comply within the period, ASIC may do

either or both of the following:

(a) give a direction under subsection 40-15(1) (direction not to

accept further appointments);

(b) apply to the Court for an order, under subsection 1274(11)

(registers), section 45-1 of this Schedule or any other

provision that is relevant, directing the liquidator to comply

with the requirement within such time as is specified in the

order.

Direction is not a legislative instrument

(5) A direction under subsection (2) is not a legislative instrument.

Relationship with other laws

(6) Nothing in this section limits the operation of any other provision

of this Act, or any other law, in relation to a person who fails to

comply with a requirement to lodge a document with, or give

information or a document to, ASIC.

40-10 Registered liquidator to correct inaccuracies etc.

Application of this section

(1) This section applies if ASIC reasonably suspects that any

information that a registered liquidator is required under this Act to

give to ASIC (whether in a document lodged or given to ASIC or

otherwise) is incomplete or incorrect in any particular.

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ASIC may give direction to correct information etc.

(2) ASIC may, in writing, direct the liquidator to do one or more of the

following within a period of 10 business days after the direction is

given:

(a) confirm to ASIC that the information is complete and

correct;

(b) complete or correct the information (as the case requires);

(c) notify any persons specified by ASIC in the direction of the

addition or correction.

(3) ASIC may, on the application of a registered liquidator made

before the end of the period referred to in subsection (2), extend, or

further extend, that period.

Consequences for failing to comply

(4) If the liquidator does not comply within the period, ASIC may do

either or both of the following:

(a) give a direction under subsection 40-15(1) (direction not to

accept further appointments);

(b) apply to the Court for an order, under subsection 1274(11)

(registers), section 45-1 of this Schedule or any other

provision that is relevant, directing the liquidator to comply

with the requirement within such time as is specified in the

order.

Direction is not a legislative instrument

(5) A direction under subsection (2) is not a legislative instrument.

Relationship with other laws

(6) Nothing in this section limits the operation of any other provision

of this Act, or any other law, in relation to a person giving

incomplete or incorrect information.

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40-15 Direction not to accept further appointments

ASIC may give direction not to accept further appointments

(1) ASIC may, in writing, direct a registered liquidator not to accept

any further appointments under Chapter 5 (external

administration), or not to accept any further appointments under

Chapter 5 during a period specified in the direction, if:

(a) the liquidator has failed to comply with a direction given to

the liquidator under section 40-5 (direction to remedy failure

to lodge documents, or give information or documents); or

(b) the liquidator has failed to comply with a direction given to

the liquidator under section 40-10 (direction to correct

inaccuracies); or

(c) a committee has decided under paragraph 40-55(1)(d) that

ASIC should give the direction referred to in that paragraph;

or

(d) the liquidator has failed to comply with a direction given to

the liquidator under section 70-70 (direction to give relevant

materian( � or

(e) the liquidator has failed to comply with a direction given to

the liquidator under subsection 75-20(1) or (2), or

subsection 80-27(1) (direction to convene a meeting of

creditors or comply with requirements in relation to such a

meeting).

Condition of registration to comply with direction

(2) If ASIC gives a direction to a registered liquidator under

subsection (1), it is a condition of the liquidator’s registration that

the liquidator must comply with the direction.

Withdrawal of direction

(3) ASIC may withdraw a direction given under subsection (1).

(4) The condition is removed from the liquidator’s registration if ASIC

withdraws the direction.

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Direction is not a legislative instrument

(5) A direction under subsection (1) is not a legislative instrument.

Relationship with other laws

(6) Nothing in this section limits the operation of any other provision

of this Act, or any other law, in relation to:

(a) a person who fails to comply with a requirement to lodge a

document with, or give information or a document to, ASIC;

or

(b) a person giving incomplete or incorrect information; or

(c) any matter in relation to which a committee makes a decision

under subsection 40-55(1).

(7) Nothing in this section limits ASIC’s power under this Act, or any

other law, to apply to the Court for an order in relation to a failure

to comply with a direction mentioned in subsection (1).

Subdivision C—Automatic cancellation

40-20 Automatic cancellation

(1) The registration of a person as a liquidator is cancelled if:

(a) the person becomes an insolvent under administration; or

(b) the person dies.

(2) The cancellation takes effect on the day the event mentioned in

subsection (1) happens.

Subdivision D—ASIC may suspend or cancel registration

40-25 ASIC may suspend registration

(1) ASIC may suspend the registration of a person as a liquidator if:

(a) the person is disqualified from managing corporations under

Part 2D.6 of this Act, or under a law of an external Territory

or a law of a foreign country; or

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(b) the person ceases to have:

(i) adequate and appropriate professional indemnity

insurance; or

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the person may incur working as a

registered liquidator; or

(c) the person’s registration as a trustee under the Bankruptcy

Act 1966 has been cancelled or suspended, other than in

compliance with a written request by the person to cancel or

suspend the registration; or

(d) if the Court has made an order under section 90-15 that the

person repay remuneration—the person has failed to repay

the remuneration; or

(e) the person has been convicted of an offence involving fraud

or dishonesty; or

(f) the person lodges a request with ASIC in the approved form

to have the registration suspended; or

(g) in the case of a person who is a leviable entity (within the

meaning of the ASIC Supervisory Cost Recovery Levy Act

2017)—the following have not been paid in full at least 12

months after the due date for payment:

(i) an amount of levy (if any) payable in respect of the

person;

(ii) an amount of late payment penalty payable (if any) in

relation to the levy;

(iii) an amount of shortfall penalty payable (if any) in

relation to the levy.

(2) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose spent

convictions and require persons aware of such convictions to

disregard them.

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40-30 ASIC may cancel registration

(1) ASIC may cancel the registration of a person as a liquidator if:

(a) the person is disqualified from managing corporations under

Part 2D.6 of this Act, or under a law of an external Territory

or a law of a foreign country; or

(b) the person ceases to have:

(i) adequate and appropriate professional indemnity

insurance; or

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the person may incur working as a

registered liquidator; or

(c) the person’s registration as a trustee under the Bankruptcy

Act 1966 has been cancelled, other than in compliance with a

written request by the person to cancel the registration; or

(d) if the Court has made an order under section 90-15 that the

person repay remuneration—the person has failed to repay

the remuneration; or

(e) the person has been convicted of an offence involving fraud

or dishonesty; or

(f) the person lodges a request with ASIC in the approved form

to have the registration cancelled; or

(g) in the case of a person who is a leviable entity (within the

meaning of the ASIC Supervisory Cost Recovery Levy Act

2017)—the following have not been paid in full at least 12

months after the due date for payment:

(i) an amount of levy (if any) payable in respect of the

person;

(ii) an amount of late payment penalty payable (if any) in

relation to the levy;

(iii) an amount of shortfall penalty payable (if any) in

relation to the levy.

(2) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914.

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Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose spent

convictions and require persons aware of such convictions to

disregard them.

40-35 Notice of suspension or cancellation

Application of this section

(1) This section applies if ASIC decides under section 40-25 or 40-30

to suspend or cancel the registration of a person as a liquidator.

ASIC must give notice of decision

(2) ASIC must, within 10 business days after making the decision,

give the person a written notice setting out the decision, and the

reasons for the decision.

When decision comes into effect

(3) The decision comes into effect on the day after the notice is given

to the person.

Failure to give notice does not affect validity of decision

(4) A failure by ASIC to give the notice under subsection (2) within 10

business days does not affect the validity of the decision.

Subdivision E—Disciplinary action by committee

40-40 ASIC may give a show-cause notice

(1) ASIC may give a registered liquidator notice in writing asking the

liquidator to give ASIC a written explanation why the liquidator

should continue to be registered, if ASIC believes that:

(a) the liquidator no longer has the qualifications, experience,

knowledge and abilities prescribed under

paragraph 20-20(4)(a); or

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(b) the liquidator has committed an act of bankruptcy, within the

meaning of the Bankruptcy Act 1966 or a corresponding law

of an external Territory or a foreign country; or

(c) the liquidator is disqualified from managing corporations

under Part 2D.6 of this Act, or under a law of an external

Territory or a law of a foreign country; or

(d) the liquidator has ceased to have:

(i) adequate and appropriate professional indemnity

insurance; or

(ii) adequate and appropriate fidelity insurance;

against the liabilities that the person may incur working as a

registered liquidator; or

(e) the liquidator has breached a current condition imposed on

the liquidator; or

(f) the liquidator has contravened a provision of this Act; or

(g) the liquidator has been appointed to act as a reviewing

liquidator under Subdivision C of Division 90 of this

Schedule, and has failed to properly exercise the powers or

perform the duties of a reviewing liquidator; or

(h) the liquidator’s registration as a trustee under the Bankruptcy

Act 1966 has been cancelled or suspended, other than in

compliance with a written request by the liquidator to cancel

or suspend the registration; or

(i) if the Court has made an order under section 90-15 that the

liquidator repay remuneration—the liquidator has failed to

repay the remuneration; or

(j) the liquidator has been convicted of an offence involving

fraud or dishonesty; or

(k) the liquidator is permanently or temporarily unable to

perform the functions and duties of a liquidator because of

physical or mental incapacity; or

(l) the liquidator has failed to carry out adequately and properly

(whether in Australia or in an external Territory or in a

foreign country):

(i) the duties of a liquidator; or

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(ii) any other duties or functions that a registered liquidator

is required to carry out under a law of the

Commonwealth or of a State or Territory, or the general

law; or

(m) the liquidator is not a fit and proper person; or

(n) the liquidator is not resident in Australia or in another

prescribed country.

(2) A notice under subsection (1) is not a legislative instrument.

(3) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose spent

convictions and require persons aware of such convictions to

disregard them.

40-45 ASIC may convene a committee

(1) ASIC may convene a committee to make a decision of a kind

mentioned in section 40-55 in relation to a registered liquidator, or

registered liquidators.

(2) The committee must consist of:

(a) ASIC; and

(b) a registered liquidator chosen by a prescribed body; and

(c) a person appointed by the Minister.

Note 1: Section 50-5 sets out the knowledge and experience that a prescribed

body must be satisfied a person has before making an appointment

under paragraph (2)(b).

Note 2: Section 50-10 sets out the matters of which the Minister must be

satisfied before making an appointment under paragraph (2)(c).

40-50 ASIC may refer matters to the committee

ASIC may refer a registered liquidator to a committee convened

under section 40-45 if ASIC:

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(a) gives the liquidator a notice under section 40-40 (a

show-cause notice); and

(b) either:

(i) does not receive an explanation within 20 business days

after the notice is given; or

(ii) is not satisfied by the explanation.

40-55 Decision of the committee

(1) If a registered liquidator is referred to a committee under

section 40-50, the committee must decide one or more of the

following:

(a) that the liquidator should continue to be registered;

(b) that the liquidator’s registration should be suspended for a

period, or until the occurrence of an event, specified in the

decision;

(c) that the liquidator’s registration should be cancelled;

(d) that ASIC should direct the liquidator not to accept any

further appointments as liquidator, or not to accept any

further appointments as liquidator during the period specified

in the decision;

(e) that the liquidator should be publicly admonished or

reprimanded;

(f) that a condition specified in the decision should be imposed

on the liquidator;

(g) that a condition should be imposed on all other registered

liquidators that they must not allow the liquidator to carry out

any of the functions or duties, or exercise any of the powers,

of a registered liquidator on their behalf (whether as

employee, agent, consultant or otherwise) for a period

specified in the decision of no more than 10 years;

(h) that ASIC should publish specified information in relation to

the committee’s decision and the reasons for that decision.

(2) Without limiting paragraph (1)(f), conditions imposed under that

paragraph may include one or more of the following:

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(a) a condition that the liquidator engage in, or refrain from

engaging in, specified conduct;

(b) a condition that the liquidator engage in, or refrain from

engaging in, specified conduct except in specified

circumstances;

(c) a condition that the liquidator publish specified information;

(d) a condition that the liquidator notify a specified person or

class of persons of specified information;

(e) a condition that the liquidator publish a specified statement;

(f) a condition that the liquidator make a specified statement to a

specified person or class of persons.

(3) In making its decision, the committee may have regard to:

(a) any information provided to the committee by ASIC; and

(b) any explanation given by the liquidator; and

(c) any other information given by the liquidator to the

committee; and

(d) if the liquidator is or was also a registered trustee under the

Bankruptcy Act 1966—any information in relation to the

liquidator given to the committee by the Inspector-General in

Bankruptcy or a committee convened under the Insolvency

Practice Schedule (Bankruptcy); and

(e) any other matter that the committee considers relevant.

40-60 Committee to report

The committee must give the registered liquidator and ASIC a

report setting out:

(a) the committee’s decision in relation to the liquidator; and

(b) the committee’s reasons for that decision; and

(c) if the committee decides under paragraph 40-55(1)(f) that the

liquidator should be registered subject to a condition:

(i) the condition; and

(ii) the committee’s reasons for imposing the condition; and

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(d) if the committee decides under paragraph 40-55(1)(g) that a

condition should be imposed on all other registered

liquidators in relation to the liquidator:

(i) the condition; and

(ii) the committee’s reasons for imposing the condition.

40-65 ASIC must give effect to the committee’s decision

ASIC must give effect to the committee’s decision.

Subdivision F—Lifting or shortening suspension

40-70 Application to lift or shorten suspension

Application of this section

(1) This section applies if a person’s registration as a liquidator has

been suspended.

Suspended liquidator may apply to ASIC

(2) The person may apply to ASIC:

(a) for the suspension to be lifted; or

(b) for the period of the suspension to be shortened.

(3) The application must be lodged with ASIC in the approved form.

(4) The application is properly made if subsection (3) is complied

with.

40-75 ASIC may convene a committee to consider applications

(1) ASIC may convene a committee for the purposes of considering an

application, or applications, made under section 40-70.

(2) The committee must consist of:

(a) ASIC; and

(b) a registered liquidator chosen by a prescribed body; and

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(c) a person appointed by the Minister.

Note 1: Section 50-5 sets out the knowledge and experience that a prescribed

body must be satisfied a person has before making an appointment

under paragraph (2)(b).

Note 2: Section 50-10 sets out the matters of which the Minister must be

satisfied before making an appointment under paragraph (2)(c).

40-80 ASIC must refer applications to a committee

(1) ASIC must refer an application that is properly made under

section 40-70 to a committee convened under section 40-75 for

consideration.

(2) ASIC must do so within 2 months after receiving the application.

40-85 Committee to consider applications

(1) If an application is referred to a committee, the committee must

consider the application.

(2) Unless the applicant otherwise agrees, the committee must

interview the applicant for the purposes of considering the

application.

(3) Within 10 business days after interviewing the applicant or

obtaining the agreement of the applicant as referred to in

subsection (2), the committee must:

(a) decide whether the suspension should be lifted, or the period

of the suspension shortened; and

(b) if the period of the suspension is to be shortened—specify

when the suspension is to end.

40-90 Committee to report

The committee must give the applicant and ASIC a report setting

out:

(a) the committee’s decision on the application; and

(b) the committee’s reasons for that decision; and

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(c) if the committee decides that the period of the suspension

should be shortened—when the suspension is to end.

40-95 Committee’s decision given effect

If the committee decides that a suspension is to be lifted or

shortened, the suspension is lifted or shortened in accordance with

the decision.

Subdivision G—Action initiated by industry body

40-100 Notice by industry bodies of possible grounds for disciplinary

action

Industry body may lodge notice

(1) An industry body may lodge with ASIC a notice in the approved

form (an industry notice):

(a) stating that the body reasonably suspects that there are

grounds for ASIC:

(i) to suspend the registration of a registered liquidator

under section 40-25; or

(ii) to cancel the registration of a registered liquidator under

section 40-30; or

(iii) to give a registered liquidator a notice under

section 40-40 (a show-cause notice); or

(iv) to impose a condition on a registered liquidator under

another provision of this Schedule; and

(b) identifying the registered liquidator; and

(c) including the information and copies of any documents upon

which the suspicion is founded.

ASIC must consider information and documents

(2) ASIC must consider the information and the copies of any

documents included with the industry notice.

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ASIC must give notice if no action to be taken

(3) If, after such consideration, ASIC decides to take no action in

relation to the matters raised by the industry notice, ASIC must

give the industry body written notice of that fact.

45 business days to consider and decide

(4) The consideration of the information and the copies of any

documents included with the industry notice must be completed

and, if ASIC decides to take no action, a notice under

subsection (3) given, within 45 business days after the industry

notice is lodged.

ASIC not precluded from taking action

(5) ASIC is not precluded from:

(a) suspending the registration of a registered liquidator under

section 40-25; or

(b) cancelling the registration of a registered liquidator under

section 40-30; or

(c) giving a registered liquidator a notice under section 40-40 (a

show-cause notice); or

(d) imposing a condition on a registered liquidator under another

provision of this Schedule;

wholly or partly on the basis of information or a copy of a

document included with the industry notice, merely because ASIC

has given a notice under subsection (3) in relation to the matters

raised by the industry notice.

Notice to industry body if ASIC takes action

(6) If ASIC does take action of the kind mentioned in subsection (5)

wholly or partly on the basis of information or a copy of a

document included with the industry notice, ASIC must give the

industry body notice of that fact.

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Notices are not legislative instruments

(7) A notice under subsection (3) or (6) is not a legislative instrument.

40-105 No liability for notice given in good faith etc.

(1) An industry body is not liable civilly, criminally or under any

administrative process for giving a notice under

subsection 40-100(1) if:

(a) the body acted in good faith in giving the notice; and

(b) the suspicion that is the subject of the notice is a reasonable

suspicion.

(2) A person who, in good faith, makes a decision as a result of which

the industry body gives a notice under subsection 40-100(1) is not

liable civilly, criminally or under any administrative process for

making the decision.

(3) A person who, in good faith, gives information or a document to an

industry body that is included, or a copy of which is included, in a

notice under subsection 40-100(1) is not liable civilly, criminally

or under any administrative process for giving the information or

document.

40-110 Meaning of industry bodies

The Insolvency Practice Rules may prescribe industry bodies for

the purposes of this Subdivision.

Subdivision H—Consequences of certain disciplinary and other

action

40-111 Appointment of another liquidator if liquidator’s

registration is suspended or cancelled

(1) If:

(a) the registration of a liquidator is suspended or cancelled

under this Division; and

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(b) the liquidator is conducting the external administration of a

company at the time the registration is suspended or

cancelled;

ASIC may, in writing, appoint another registered liquidator to

conduct the external administration of the company.

(2) If:

(a) a liquidator fails to renew his or her registration as a

liquidator before that registration ceases to have effect; and

(b) no order has been made by the Court under

subsection 20-70(3) extending the period during which the

liquidator may apply for renewal; and

(c) the liquidator is conducting the external administration of a

company at the time his or her registration as a liquidator

ceases to have effect;

ASIC may, in writing, appoint another registered liquidator to

conduct the external administration of the company.

(3) Subsections (1) and (2) do not apply to:

(a) a liquidator appointed by the Court; or

(b) a winding up ordered by ASIC under section 489EA; or

(c) a members’ voluntary winding up.

Note: For court-appointed liquidators, see section 473A. For a winding up

ordered by ASIC, see section 489EA. For a members’ voluntary

winding up, see section 495.

(4) An appointment of a registered liquidator by ASIC under

subsection (1) must not be made without the written consent of the

liquidator.

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Section 45-1

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Division 45—Court oversight of registered liquidators

45-1 Court may make orders in relation to registered liquidators

(1) The Court may make such orders as it thinks fit in relation to a

registered liquidator.

(2) The Court may exercise the power under subsection (1):

(a) on its own initiative, during proceedings before the Court; or

(b) on application under subsection (3).

(3) Each of the following persons may apply for an order under

subsection (1):

(a) the registered liquidator;

(b) ASIC.

(4) Without limiting the matters which the Court may take into

account when making orders, the Court may take into account:

(a) whether the registered liquidator has faithfully performed, or

is faithfully performing, the registered liquidator’s duties;

and

(b) whether an action or failure to act by the registered liquidator

is in compliance with this Act and the Insolvency Practice

Rules; and

(c) whether an action or failure to act by the registered liquidator

is in compliance with an order of the Court; and

(d) whether any person has suffered, or is likely to suffer, loss or

damage because of an action or failure to act by the

registered liquidator; and

(e) the seriousness of the consequences of any action or failure

to act by the registered liquidator, including the effect of that

action or failure to act on public confidence in registered

liquidators as a group.

(5) This section does not limit the Court’s powers under any other

provision of this Act, or under any other law.

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Court oversight of registered liquidators Division 45

Section 45-5

Corporations Act 2001 289

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

45-5 Court may make orders about costs

(1) Without limiting section 45-1, the Court may make orders in

relation to a registered liquidator that deal with the costs of a

matter considered by the Court.

(2) Those orders may include an order that:

(a) the registered liquidator is personally liable for some or all of

those costs; and

(b) the registered liquidator is not entitled to be reimbursed by a

company or its creditors in relation to some or all of those

costs.

(3) This section does not limit the Court’s powers under any other

provision of this Act, or under any other law.

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Part 2 Registering and disciplining practitioners

Division 50 Committees under this Part

Section 50-1

290 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 50—Committees under this Part

50-1 Simplified outline of this Division

This Division sets out common rules for committees established

under this Part.

If a prescribed body appoints a person to a committee, that person

must have the prescribed knowledge or experience or, if no

knowledge or experience is prescribed, the knowledge and

experience necessary to carry out the functions to be performed. If

the Minister appoints a person to a committee, that person must

have knowledge or experience in a field such as business, law

(including the law of corporate insolvency) or public policy

relating to corporate insolvency.

A single committee may consider more than one matter. The

consideration of a matter is not affected by a change in the

membership of the committee. A matter may be adjourned or

transferred to another committee. The Insolvency Practice Rules

may prescribe procedures and make other rules for committees.

The use and disclosure of information given to a committee is

restricted to listed purposes.

50-5 Prescribed body appointing a person to a committee

Application of this section

(1) This section applies if a prescribed body is to appoint a person to a

committee under this Part.

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Committees under this Part Division 50

Section 50-10

Corporations Act 2001 291

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Prescribed body must only appoint a person with appropriate

knowledge and experience

(2) The prescribed body is to appoint a person as a member of the

committee only if the prescribed body is satisfied that the person

has:

(a) if any knowledge or experience is prescribed in relation to

appointments of the kind to be made—that knowledge or

experience; or

(b) if no knowledge or experience is prescribed in relation to

appointments of the kind to be made—the knowledge and

experience necessary to carry out the person’s functions as a

member of the committee if appointed.

50-10 Minister appointing a person to a committee

Application of this section

(1) This section applies if the Minister is to appoint a person to a

committee under any of the following paragraphs:

(a) paragraph 20-10(2)(c);

(b) paragraph 20-45(2)(c);

(c) paragraph 40-45(2)(c);

(d) paragraph 40-75(2)(c).

Matters of which the Minister must be satisfied before appointing

(2) The Minister is to appoint a person as a member of the committee

only if the Minister is satisfied that the person is qualified for

appointment by virtue of his or her knowledge of, or experience in,

one or more of the following fields:

(a) business;

(b) law, including the law relating to corporate insolvency;

(c) economics;

(d) accounting;

(e) public policy relating to corporate insolvency;

(f) administration of companies, including insolvent companies.

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Part 2 Registering and disciplining practitioners

Division 50 Committees under this Part

Section 50-15

292 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Minister must not appoint member or staff member of ASIC

(3) The Minister must not appoint:

(a) a member of ASIC (within the meaning of section 9 of the

Australian Securities and Investments Commission Act

2001); or

(b) a staff member of ASIC;

to be a member of the committee.

Delegation of power to appoint

(4) The Minister may, in writing, delegate the Minister’s powers to

appoint a person to a committee to:

(a) ASIC; or

(b) a member of ASIC (within the meaning of section 9 of the

Australian Securities and Investments Commission Act

2001); or

(c) a staff member of ASIC who:

(i) is an SES employee or acting SES employee; or

(ii) is an APS employee who holds, or is acting in, an

Executive Level 2 position; or

(iii) holds, or is acting in, an office or position that is

equivalent to an SES employee, or an Executive Level

2.

(5) In exercising powers under a delegation, the delegate must comply

with any directions of the Minister.

50-15 Single committee may consider more than one matter

A single committee may be convened under this Part to consider

one or more of the following:

(a) a matter or matters relating to one applicant for registration

as a liquidator;

(b) a matter or matters relating to more than one applicant for

registration as a liquidator;

(c) a matter or matters relating to one registered liquidator;

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Committees under this Part Division 50

Section 50-20

Corporations Act 2001 293

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(d) a matter or matters relating to more than one registered

liquidator.

50-20 Ongoing consideration of matters by committee

If a committee is convened under this Part to consider a matter:

(a) the committee’s powers, functions and duties in relation to

the matter are not affected by a change in the membership of

the committee; and

(b) the committee may adjourn its consideration of the matter,

and may do so more than once; and

(c) the matter may be transferred to another committee with

powers, functions and duties under this Part in relation to

matters of that kind.

50-25 Procedure and other rules relating to committees

The Insolvency Practice Rules may provide for and in relation to:

(a) the manner in which the committees convened under this Part

are to perform their functions, including:

(i) meetings of committees; and

(ii) the number of committee members required to

constitute a quorum; and

(iii) disclosure of interests in a matter before a committee;

and

(iv) the manner in which questions are to be decided by the

committee; and

(b) the reconstitution of a committee; and

(c) the termination of the consideration of a matter by a

committee, and the transfer of matters to another committee.

50-30 Remuneration of committee members

(1) A member of a committee convened under this Part is entitled to

receive the remuneration that is determined by the Remuneration

Tribunal. If no determination of that remuneration by the Tribunal

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Division 50 Committees under this Part

Section 50-35

294 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

is in operation, the member is entitled to receive such remuneration

as the Minister determines in writing.

(2) A member is entitled to receive such allowances as the Minister

determines in writing.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

50-35 Committee must only use information etc. for purposes for

which disclosed

Offence

(1) A person commits an offence if:

(a) the person is or was a member of a committee convened

under this Part; and

(b) information or a document is or was disclosed to the person

for the purposes of exercising powers or performing

functions as a member of the committee; and

(c) the person uses or discloses the information or document.

Penalty: 50 penalty units.

Exception—information or document disclosed to the

Inspector-General in Bankruptcy or another committee etc.

(2) Subsection (1) does not apply if the information or document:

(a) is used or disclosed by the person for the purposes of

exercising powers or performing functions as a member of

the committee mentioned in subsection (1); or

(b) is disclosed:

(i) to the Inspector-General in Bankruptcy to assist the

Inspector-General to exercise his or her powers or

perform his or her functions under the Bankruptcy Act

1966; or

(ii) to a committee convened under Part 2 of the Insolvency

Practice Schedule (Bankruptcy) to assist the committee

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Corporations Act 2001 295

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to exercise its powers or perform its functions under that

Part; or

(iii) to another committee convened under this Part to assist

the committee to exercise its powers or perform its

functions under this Part; or

(iv) to enable or assist a body prescribed for the purposes of

this paragraph to perform its disciplinary function in

relation to its members; or

(v) in order to enable or assist an authority or person in a

State or Territory, or a foreign country, to perform or

exercise a function or power that corresponds, or is

analogous, to any of the committee’s or ASIC’s

functions and powers; or

(vi) to a court or tribunal in relation to proceedings before

the court or tribunal.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

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Part 3 General rules relating to external administrations

Division 55 Introduction

Section 55-1

296 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 3—General rules relating to external

administrations

Division 55—Introduction

55-1 Simplified outline of this Part

This Part sets out requirements for conducting the external

administration of a company.

The main provisions deal with:

(a) the remuneration of the external administrator; and

(b) the duties of the external administrator in handling the

money and other property of the company; and

(c) conflicts of interest; and

(d) the duties of the external administrator to keep

appropriate records, to report to ASIC and to give

information, documents and reports to creditors,

members of the company and others; and

(e) creditor and company meetings; and

(f) the creation and conduct of a committee to monitor the

external administration (called a committee of

inspection); and

(g) the rights of creditors to review the external

administration; and

(h) the rights of creditors to remove the external

administrator and appoint another; and

(i) the review of the external administration by the Court.

There are additional rules that apply to companies under external

administration in Chapter 5 (for example, about appointment of

external administrators) of this Act.

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Introduction Division 55

Section 55-1

Corporations Act 2001 297

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Companies in receivership are not covered in this Part (see

generally Part 5.2 of this Act).

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Part 3 General rules relating to external administrations

Division 60 Remuneration and other benefits received by external administrators

Section 60-1

298 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 60—Remuneration and other benefits received by

external administrators

Subdivision A—Introduction

60-1 Simplified outline of this Division

Remuneration

The external administrator of a company is entitled to receive

remuneration for necessary work properly performed by the

external administrator in relation to the external administration.

The amount of remuneration will usually be set under a

remuneration determination. Remuneration determinations are

made by:

(a) in a members voluntary winding up—the members; and

(b) in most other cases—the creditors or the committee of

inspection (if there is one).

However, if there is no remuneration determination, the external

administrator will be entitled to receive a reasonable amount for

the work. The maximum amount that the external administrator

may receive in this way is $5,000 (exclusive of GST and indexed).

The remuneration of provisional liquidators is, in most cases,

determined by the Court.

The Court may review the remuneration of the external

administrator of a company and may also make orders under

Division 90 about remuneration (including ordering repayment of

remuneration).

Other benefits

The external administrator of a company must not:

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(a) employ a related entity, unless certain requirements are

met;

(b) purchase any assets of the company; or

(c) get any other benefits or profits from the administration.

Subdivision B—Remuneration of external administrators—

general rules

60-2 Application of this Subdivision

This Subdivision applies in relation to an external administrator of

a company other than:

(a) a provisional liquidator; or

(b) a liquidator appointed by ASIC under section 489EC

(winding up by ASIC).

Note: For the remuneration of provisional liquidators, see Subdivision C of

this Division. For the remuneration of liquidators appointed by ASIC

under section 489EC, see Subdivision D of this Division.

60-5 External administrator’s remuneration

Remuneration in accordance with remuneration determinations

(1) An external administrator of a company is entitled to receive

remuneration for necessary work properly performed by the

external administrator in relation to the external administration, in

accordance with the remuneration determinations (if any) for the

external administrator (see section 60-10).

Remuneration for external administrators if no remuneration

determination made

(2) If no remuneration determination is made in relation to necessary

work properly performed by the external administrator of a

company in relation to the external administration, the

administrator is entitled to receive reasonable remuneration for the

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Division 60 Remuneration and other benefits received by external administrators

Section 60-10

300 Corporations Act 2001

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work. However, that remuneration must not exceed the maximum

default amount.

60-10 Remuneration determinations

Remuneration determinations

(1) A determination, specifying remuneration that an external

administrator of a company (other than an external administrator in

a members’ voluntary winding up) is entitled to receive for

necessary work properly performed by the external administrator in

relation to the external administration, may be made:

(a) by resolution of the creditors; or

(b) if there is a committee of inspection and a determination is

not made under paragraph (a)—by the committee of

inspection; or

(c) if a determination is not made under paragraph (a) or (b)—by

the Court.

Note: For determinations made by the Court, see also section 60-12 (matters

to which the Court must have regard).

(2) A determination, specifying remuneration that an external

administrator of a company in a members’ voluntary winding up is

entitled to receive for necessary work properly performed by the

external administrator in relation to the external administration,

may be made:

(a) by resolution of the company at a general meeting; or

(b) if a determination is not made under paragraph (a)—by the

Court.

Note: For determinations made by the Court, see also section 60-12 (matters

to which the Court must have regard).

(3) A determination under this section may specify remuneration that

the external administrator is entitled to receive in either or both of

the following ways:

(a) by specifying an amount of remuneration;

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Section 60-11

Corporations Act 2001 301

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(b) by specifying a method for working out an amount of

remuneration.

Remuneration on a time-cost basis

(4) If a determination under this section specifies that the external

administrator is entitled to receive remuneration worked out wholly

or partly on a time-cost basis, the determination must include a cap

on the amount of remuneration worked out on a time-cost basis

that the external administrator is entitled to receive.

More than one remuneration determination may be made

(5) To avoid doubt, more than one determination under this section

may be made in relation to a particular external administrator of a

company and a particular external administration of a company.

60-11 Review of remuneration determinations

Review on application

(1) Any of the following may apply to the Court for a review of a

remuneration determination for an external administrator of a

company:

(a) ASIC;

(b) a person with a financial interest in the external

administration of the company;

(c) an officer of the company.

(2) Paragraph (1)(c) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company is

under external administration.

(3) On application under subsection (1), the Court may, if it considers

it appropriate to do so, review the remuneration determination.

Note: See also section 60-12 (matters to which the Court must have regard).

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Section 60-12

302 Corporations Act 2001

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Court must affirm, vary or set aside remuneration determination

(4) After reviewing the remuneration determination, the Court must:

(a) affirm the remuneration determination; or

(b) vary the remuneration determination; or

(c) set aside the remuneration determination and substitute

another remuneration determination.

Exception

(5) Subsection (1) does not apply to a remuneration determination

made by the Court.

60-12 Matters to which the Court must have regard

In making a remuneration determination under

paragraph 60-10(1)(c) or (2)(b), or reviewing a remuneration

determination under section 60-11, the Court must have regard to

whether the remuneration is reasonable, taking into account any or

all of the following matters:

(a) the extent to which the work by the external administrator

was necessary and properly performed;

(b) the extent to which the work likely to be performed by the

external administrator is likely to be necessary and properly

performed;

(c) the period during which the work was, or is likely to be,

performed by the external administrator;

(d) the quality of the work performed, or likely to be performed,

by the external administrator;

(e) the complexity (or otherwise) of the work performed, or

likely to be performed, by the external administrator;

(f) the extent (if any) to which the external administrator was, or

is likely to be, required to deal with extraordinary issues;

(g) the extent (if any) to which the external administrator was, or

is likely to be, required to accept a higher level of risk or

responsibility than is usually the case;

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(h) the value and nature of any property dealt with, or likely to

be dealt with, by the external administrator;

(i) the number, attributes and conduct, or the likely number,

attributes and conduct, of the creditors;

(j) if the remuneration is worked out wholly or partly on a

time-cost basis—the time properly taken, or likely to be

properly taken, by the external administrator in performing

the work;

(k) whether the external administrator was, or is likely to be,

required to deal with one or more controllers, or one or more

managing controllers;

(l) if:

(i) a review has been carried out under Subdivision C of

Division 90 (review by another registered liquidator)

into a matter that relates to the external administration;

and

(ii) the matter is, or includes, remuneration of the external

administrator;

the contents of the report on the review that relate to that

matter;

(m) any other relevant matters.

60-15 Maximum default amount

Maximum default amount

(1) The maximum default amount for an external administrator of a

company is an amount (exclusive of GST) worked out as follows:

(a) if the external administrator is appointed in relation to the

external administration of the company during the financial

year beginning on 1 July 2016—$5,000;

(b) if the external administrator is appointed in relation to the

external administration of the company during a financial

year beginning on or after 1 July 2017—the greater of:

(i) the amount worked out by multiplying the indexation

factor for the financial year (worked out under

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Division 60 Remuneration and other benefits received by external administrators

Section 60-15

304 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

subsections (3) and (4)) by the maximum default

amount for an external administrator appointed during

the previous financial year; and

(ii) the amount (if any) prescribed for the purposes of this

subparagraph.

Rounding

(2) Amounts worked out under subsection (1) must be rounded to the

nearest whole dollar (rounding 50 cents upwards).

Indexation factor

(3) Subject to subsection (4), the indexation factor for a financial year

is the number worked out by dividing the index number for the

March quarter immediately preceding that financial year by the

index number for the March quarter immediately preceding that

first-mentioned March quarter.

(4) If an indexation factor worked out under subsection (3) would be

less than 1, the indexation factor is to be increased to 1.

Changes to CPI index reference period and publication of

substituted index numbers

(5) In working out the indexation factor:

(a) use only the index numbers published in terms of the most

recently published index reference period for the Consumer

Price Index; and

(b) disregard index numbers published in substitution for

previously published index numbers (except where the

substituted numbers are published to take account of changes

in the index reference period).

Definition—index number

(6) In this section:

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Corporations Act 2001 305

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index number, in relation to a quarter, means the All Groups

Consumer Price Index number, being the weighted average of the 8

capital cities, published by the Australian Statistician in respect of

that quarter.

Subdivision C—Remuneration of provisional liquidators

60-16 Remuneration of provisional liquidators

(1) A provisional liquidator is entitled to receive such remuneration,

by way of percentage or otherwise, as is:

(a) determined by the Court; or

(b) if:

(i) no determination by the Court is in force; and

(ii) there is a committee of inspection;

determined by agreement between the liquidator and the

committee of inspection; or

(c) if:

(i) no determination by the Court is in force; and

(ii) there is no committee of inspection or the liquidator and

the committee of inspection fail to agree;

determined by resolution of the creditors.

(2) Sections 60-11 and 60-12 (Court review) apply in relation to a

determination mentioned in this section in the same way as they

apply to a remuneration determination made under section 60-10.

Subdivision D—Remuneration of liquidators in winding up by

ASIC

60-17 Remuneration of liquidators in winding up by ASIC

If ASIC orders under section 489EA that a company be wound up,

ASIC may determine the remuneration that the liquidator is

entitled to receive.

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Division 60 Remuneration and other benefits received by external administrators

Section 60-20

306 Corporations Act 2001

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Subdivision E—Duties of external administrators relating to

remuneration and benefits etc.

60-20 External administrator must not derive profit or advantage

from the administration of the company

Deriving profit or advantage from the company

(1) An external administrator of a company must not directly or

indirectly derive any profit or advantage from the external

administration of the company.

Circumstances in which profit or advantage is taken to be derived

(2) To avoid doubt, an external administrator of a company is taken to

derive a profit or advantage from the external administration of the

company if:

(a) the external administrator directly or indirectly derives a

profit or advantage from a transaction (including a sale or

purchase) entered into for or on account of the company; or

(b) the external administrator directly or indirectly derives a

profit or advantage from a creditor or member of the

company; or

(c) a related entity of the external administrator directly or

indirectly derives a profit or advantage from the external

administration of the company.

Exceptions

(3) Subsection (1) does not apply to the extent that:

(a) another provision of this Act, or of another law, requires or

permits the external administrator to derive the profit or

advantage; or

(b) the Court gives leave to the external administrator to derive

the profit or advantage.

Note: Subsection (1) would not, for example, prevent the external

administrator from recovering remuneration for necessary work

properly performed by the external administrator in relation to the

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external administration of the company, as the external administrator

is permitted to do so under other provisions of this Act.

(4) Despite paragraph (2)(c), subsection (1) does not apply to the

extent that:

(a) the external administrator employs or engages a person to

provide services in connection with the external

administration of the company; and

(b) a related entity of the external administrator directly or

indirectly derives a profit or advantage as a result of that

employment or engagement; and

(c) one of the following is satisfied:

(i) the external administrator does not know, and could not

reasonably be expected to know, that the related entity

would derive that profit or advantage;

(ii) the creditors, by resolution, agree to the related entity

deriving the profit or advantage;

(iii) it is not reasonably practicable in all the circumstances

to obtain the agreement, by resolution, of the creditors

to the related entity deriving the profit or advantage and

the cost of employing or engaging the person to provide

the services is reasonable in all the circumstances.

(4A) Despite paragraph (2)(c), subsection (1) does not apply to the

extent that a related entity of the external administrator directly or

indirectly derives a profit or advantage:

(a) from remuneration paid to the external administrator in

accordance with section 60-5 of this Schedule; or

(b) from a profit or advantage covered by subsection (4).

(5) Subsection (1) does not apply to the extent that the profit or

advantage is a payment that:

(a) is made to the external administrator by or on behalf of the

Commonwealth or an agency or authority of the

Commonwealth; and

(b) is of a kind prescribed.

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Section 60-20

308 Corporations Act 2001

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Offence

(6) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in

subsections (3), (4) and (5) (see subsection 13.3(3) of the Criminal

Code).

Effect of contravention of this section

(7) A transaction or any other arrangement entered into in

contravention of this section may be set aside by the Court.

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General rules relating to external administrations Part 3

Funds handling Division 65

Section 65-1

Corporations Act 2001 309

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 65—Funds handling

65-1 Simplified outline of this Division

The external administrator of a company has duties to:

(a) promptly pay all company money into an account

(called an administration account); and

(b) promptly deposit instruments such as securities with a

bank; and

(c) keep the account separate and not pay any money that is

not company money into the account; and

(d) only pay money out of the account if it is for a

legitimate purpose.

The external administrator of a company may keep a single

account for a group of related companies (called a pooled group).

People with a financial interest in the external administration of a

company (such as creditors) may ask the Court to give directions to

the external administrator about the way money and other property

of the company is to be handled.

If the external administrator of a company does not comply with

this Division, the external administrator may have to pay penalties,

be paid less remuneration or be removed as external administrator.

65-5 External administrator must pay all money into an

administration account

External administrator must pay money into the administration

account

(1) The external administrator of a company must pay all money

received by the external administrator on behalf of, or in relation

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Part 3 General rules relating to external administrations

Division 65 Funds handling

Section 65-10

310 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

to, the company into an administration account for the company

within 5 business days after receipt.

Exception

(2) If the Court gives a direction that is inconsistent with

subsection (1), that subsection does not apply to the extent of the

inconsistency.

Offence

(3) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

65-10 Administration accounts

(1) A bank account is an administration account for a company if:

(a) the account is maintained in relation to the external

administration of the company; and

(b) if any requirements are prescribed in relation to the

administration accounts of companies under external

administration, the account complies with those

requirements.

(2) A bank account is an administration account for a member of a

pooled group of companies if:

(a) the account is maintained in relation to the external

administration of the pooled group of companies; and

(b) if any requirements are prescribed in relation to the

administration accounts of companies under external

administration, the account complies with those

requirements.

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General rules relating to external administrations Part 3

Funds handling Division 65

Section 65-15

Corporations Act 2001 311

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

65-15 External administrator must not pay other money into the

administration account

External administrator must not pay other money into the

administration account

(1) The external administrator of a company must not pay any money

into an administration account for the company if it is not received

by the external administrator on behalf of, or in relation to:

(a) the company; or

(b) if the company is a member of a pooled group—another

member of the pooled group.

Exception

(2) If the Court gives a direction that is inconsistent with

subsection (1), that subsection does not apply to the extent of the

inconsistency.

Offence

(3) A person commits an offence of strict liability if:

(a) the person is subject to the requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

65-20 Consequences for failure to pay money into administration

account

Application of this section

(1) This section applies if:

(a) an external administrator of a company:

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Division 65 Funds handling

Section 65-25

312 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(i) is subject to a requirement under subsection 65-5(1)

(paying money into administration account); and

(ii) fails to comply with the requirement in relation to an

amount of money; and

(b) the amount exceeds:

(i) $50; or

(ii) if another amount is prescribed—that other amount.

Exception

(2) Subsection (1) does not apply if, on the application of the external

administrator of the company, the Court is satisfied that the

external administrator had sufficient reason for failing to comply

with the requirement in relation to the amount.

External administrator must pay penalty on excess

(3) The external administrator must, as a penalty, pay interest to the

Commonwealth on the excess, worked out:

(a) at the rate of 20% per year; or

(b) if another rate is prescribed—at that other rate;

for the period during which the external administrator fails to

comply with the requirement.

(4) The external administrator is personally liable for, and is not

entitled to be reimbursed out of the property of the company in

relation to, the payment of that interest.

65-25 Paying money out of administration account

Money only to be paid out of administration account in accordance

with this Act etc.

(1) An external administrator of a company must not pay any money

out of the administration account for the company otherwise than:

(a) for purposes related to the external administration of the

company; or

(b) in accordance with this Act; or

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Funds handling Division 65

Section 65-40

Corporations Act 2001 313

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(c) in accordance with a direction of the Court.

Offence

(2) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

65-40 Handling securities

Securities must be deposited with administration account bank

(1) An external administrator of a company must deposit in a bank:

(a) the negotiable instruments; and

(b) any other securities;

payable to the company or the external administrator as soon as

practicable after they are received by the external administrator.

Exception

(2) If the Court gives a direction that is inconsistent with

subsection (1), that subsection does not apply to the extent of the

inconsistency.

Offence

(3) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 5 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

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Part 3 General rules relating to external administrations

Division 65 Funds handling

Section 65-45

314 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Delivery of securities

(4) The negotiable instruments or other security must be delivered out

on the signed request of the external administrator.

65-45 Handling of money and securities—Court directions

(1) The Court may, on application, give directions regarding the

payment, deposit or custody of:

(a) money; and

(b) negotiable instruments and other securities;

that are payable to, or held by, an external administrator of a

company.

(2) The Court may, on application, give directions authorising the

external administrator of a company to make payments into and out

of a special bank account.

(3) Without limiting subsection (2), the Court may:

(a) authorise the payments for the time and on the terms it thinks

fit; and

(b) if the Court thinks the account is no longer required—at any

time order it to be closed.

(4) A copy of an order under paragraph (3)(b) must be served by the

external administrator on the bank with which the special bank

account was opened.

(5) An application under this section may be made by:

(a) any person with a financial interest in the external

administration of the company; or

(b) an officer of the company.

(6) Paragraph (5)(b) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company is

under external administration.

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Funds handling Division 65

Section 65-50

Corporations Act 2001 315

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

65-50 Rules in relation to consequences for failure to comply with

this Division

The Insolvency Practice Rules may provide for and in relation to:

(a) the payment by an external administrator of a company of

interest at such rate, on such amount and in respect of such

period as is prescribed; and

(b) disallowance of all or of such part as is prescribed of the

remuneration of an external administrator of a company; and

(c) the removal from office of an external administrator of a

company by the Court; and

(d) the payment by an external administrator of a company of

any expenses occasioned by reason of his or her default;

in cases where an external administrator contravenes or fails to

comply with this Division (including Insolvency Practice Rules

made under this Division).

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Division 70 Information

Section 70-1

316 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 70—Information

Subdivision A—Introduction

70-1 Simplified outline of this Division

The external administrator of a company must:

(a) give annual reports of the administration (called annual

administrative returns) to ASIC; and

(b) give a report of the administration to ASIC when the

administration ends; and

(c) keep books of meetings and other company affairs; and

(d) allow those books to be audited if required to do so; and

(e) allow access to those books by creditors; and

(f) give creditors, members and others requested

information, documents and reports relating to the

administration.

The committee of inspection (if there is one) may also request

information, documents and reports from the external administrator

under Division 80.

If the external administrator does not comply with a request, ASIC

may direct the external administrator to do so. If the external

administrator does not comply with the direction, ASIC may ask

the Court to order compliance. Alternatively, the person who

requested the information may ask the Court to order compliance

with the request.

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Information Division 70

Section 70-5

Corporations Act 2001 317

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision B—Administration returns

70-5 Annual administration return

Application of this section

(1) This section applies if a person is the external administrator of a

company during all or part of an administration return year for the

external administrator for the company.

(2) However, this section does not apply if:

(a) the external administration of the company ends during the

administration return year; and

(b) the person is the external administrator of the company when

the external administration of the company ends.

Note: If a person is the external administrator of a company when the

external administration of the company ends, the person must instead

lodge a return under section 70-6.

Annual administration return to be lodged

(3) The person must lodge a return in relation to the external

administration of the company by the person during the year or

part of the year (as the case requires).

(4) The return must:

(a) be in the approved form; and

(b) be lodged with ASIC within 3 months after the end of the

year.

Note: Fees for lodging documents and late lodgement fees may be imposed

under the Corporations (Fees) Act 2001.

Meaning of administration return year

(5) Each of the following is an administration return year for an

external administrator for a company:

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Division 70 Information

Section 70-6

318 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) the period of 12 months beginning on the day on which the

person first began to be an external administrator of the

company;

(b) each subsequent period of 12 months.

Notice of lodgement to be given

(6) The person must give notice that the return has been lodged:

(a) in a members’ voluntary winding up—to the members of the

company; and

(b) in a creditors’ voluntary winding up—to the creditors; and

(c) in a court-ordered winding up—to the creditors; and

(d) if the external administrator is appointed as a provisional

liquidator—to the Court; and

(e) if the company is under administration or has executed a

deed of company arrangement—to the company;

when next forwarding any report, notice of meeting, notice of call

or dividend.

Note: For notification, see section 600G.

Returns for pooled groups

(7) If 2 or more companies are members of a pooled group, then the

returns under subsection (3) for those companies may be set out in

the same document.

70-6 End of administration return

Application of this section

(1) This section applies if the external administration of a company

ends.

End of administration return to be lodged

(2) The person who is the external administrator of the company when

the external administration of the company ends (the last external

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Information Division 70

Section 70-6

Corporations Act 2001 319

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

administrator) must lodge a return in relation to the external

administration of the company.

(3) The return must:

(a) be in the approved form; and

(b) be lodged with ASIC within 1 month after the end of the

external administration of the company.

Note 1: Fees for lodging documents and late lodgement fees may be imposed

under the Corporations (Fees) Act 2001.

Note 2: ASIC must deregister the company 3 months after the end of

administration return is lodged (see section 509).

Notice of lodgement to be given

(4) The last external administrator must give notice that the return has

been lodged to a person mentioned in subsection (5), if that person

requests in writing that the last external administrator give the

person such a notice.

Note: For notification, see section 600G.

(5) The persons who may request such a notice are:

(a) in a members’ voluntary winding up—the members of the

company; and

(b) in a creditors’ voluntary winding up—the creditors; and

(c) in a court-ordered winding up—the creditors; and

(d) if the external administrator is appointed as a provisional

liquidator—the Court; and

(e) if the company is under administration or has executed a

deed of company arrangement—the company.

Note: For notification, see section 600G.

Returns for pooled groups

(6) If 2 or more companies are members of a pooled group, then the

returns under subsection (2) for those companies may be set out in

the same document.

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Part 3 General rules relating to external administrations

Division 70 Information

Section 70-10

320 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision C—Record-keeping

70-10 Administration books

External administrator must keep proper books

(1) An external administrator of a company must keep proper books in

which the external administrator must cause to be made:

(a) entries or minutes of proceedings at meetings relating to the

external administration of the company; and

(b) such other entries as are necessary to give a complete and

correct record of the external administrator’s administration

of the company’s affairs.

(2) The external administrator must:

(a) ensure that the books are available at the external

administrator’s office for inspection; and

(b) permit a creditor or contributory, or another person acting on

the creditor’s or contributory’s behalf, to inspect the books at

all reasonable times.

Exception

(3) Subsections (1) and (2) do not apply if the external administrator

has a reasonable excuse.

Offence

(4) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1) or

(2); and

(b) the person fails to comply with the requirement.

Penalty: 5 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

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General rules relating to external administrations Part 3

Information Division 70

Section 70-15

Corporations Act 2001 321

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

70-15 Audit of administration books—ASIC

ASIC may cause books to be audited

(1) ASIC may cause the books referred to in section 70-5 (annual

administration return), 70-6 (end of administration return) or 70-10

(administration books) to be audited by a registered company

auditor.

Audit on the ASIC’s initiative or on request

(2) The audit may be conducted:

(a) on ASIC’s own initiative; or

(b) at the request of the company; or

(c) at the request of a creditor; or

(d) at the request of any other person prescribed.

Auditor must prepare a report

(3) The auditor must prepare a report on the audit.

ASIC must give a copy of the report

(4) If ASIC causes books to be audited under subsection (1):

(a) ASIC must give a copy of the report prepared by the auditor

to:

(i) the external administrator of the company; and

(ii) the person who requested the report (if any); and

(b) subsection 1289(5) applies in relation to the report prepared

by the auditor as if it were a document required to be lodged.

Costs of an audit

(5) The costs of an audit under this section must be determined by

ASIC and form part of the expenses of the external administration

of the company.

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Part 3 General rules relating to external administrations

Division 70 Information

Section 70-20

322 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

70-20 Audit of administration books—on order of the Court

(1) The Court may order that an audit of the books referred to in

section 70-5 (annual administration return), 70-6 (end of

administration return) or 70-10 (administration books) be

conducted by a registered company auditor.

(2) The order may be made on application of:

(a) any person with a financial interest in the external

administration of the company; or

(b) an officer of the company.

(3) Paragraph (2)(b) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company

under external administration.

(4) The Court may make such orders in relation to the audit as it thinks

fit, including:

(a) the preparation and provision of a report on the audit; and

(b) orders as to the costs of the audit.

70-25 External administrator to comply with auditor requirements

Application of this section

(1) This section applies if books are audited under section 70-15 or

70-20.

External administrator must give assistance etc.

(2) The external administrator must give the auditor such books,

information and assistance as the auditor reasonably requires.

Exception

(3) Subsection (2) does not apply if the external administrator has a

reasonable excuse.

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Information Division 70

Section 70-30

Corporations Act 2001 323

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Offence

(4) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (2);

and

(b) the person fails to comply with the requirement.

Penalty: 5 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

70-30 Transfer of books to new administrator

Application of this section

(1) This section applies if:

(a) a person (the former administrator) ceases to be the external

administrator of a company; and

(b) ASIC has not issued a notice to the former administrator

under section 70-31; and

(c) a registered liquidator (the new administrator) is appointed

as external administrator of the company instead.

Transfer of books to new administrator

(2) The former administrator must transfer to the new administrator,

within the handover period, possession or control of any books

relating to the external administration of the company that are in

the former administrator’s possession or control.

(3) The handover period is:

(a) the period of 10 business days beginning on the day after the

new administrator is appointed; or

(b) if another period is agreed between the former administrator

and the new administrator—that other period.

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Division 70 Information

Section 70-30

324 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(4) The former administrator may take a copy of any part of the books

before transferring possession or control of them to the new

administrator.

New administrator must accept the books

(5) The new administrator must take possession or accept control of

any books relating to the external administration of the company.

New administrator must allow inspection etc.

(6) After possession or control of the books is transferred, the new

administrator must allow the former administrator to inspect them

at any reasonable time and take a copy of any part of the books.

Offence

(7) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2),

(5) or (6); and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 50 penalty units.

Lien against books not prejudiced

(8) If the new administrator is entitled to take possession or control of

the books under this section:

(a) a person is not entitled, as against the new administrator, to

claim a lien on the books; and

(b) such a lien is not otherwise prejudiced.

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General rules relating to external administrations Part 3

Information Division 70

Section 70-31

Corporations Act 2001 325

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

70-31 Transfer of books to ASIC etc.

Transfer of books to ASIC

(1) If a person ceases to be the external administrator of a company,

ASIC may, by written notice given to the person, require the

person to:

(a) if the person has books relating to the external administration

of the company in his or her possession or control—transfer

possession or control of those books to ASIC within the

period specified in the notice; or

(b) otherwise—notify ASIC, within the period and in the manner

specified in the notice, that the person does not have books

relating to the external administration of the company in the

person’s possession or control.

Offence

(2) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 50 penalty units.

ASIC must transfer books to new external administrator

(3) If:

(a) possession or control of books relating to an external

administration of a company is transferred to ASIC under

this section; and

(b) the books are in ASIC’s possession or control; and

(c) a person (the new administrator) is or becomes the external

administrator of the company;

ASIC must, as soon as practicable, transfer possession or control of

those books to the new administrator.

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Division 70 Information

Section 70-31

326 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

ASIC must transfer books to company

(4) If:

(a) possession or control of books relating to a company is

transferred to ASIC under this section; and

(b) the books are in ASIC’s possession or control; and

(c) the company ceases to be a company under external

administration;

ASIC must, as soon as practicable, transfer possession or control of

those books to the company.

Lien against books not prejudiced

(5) If ASIC is entitled to take possession or control of the books under

this section:

(a) a person is not entitled, as against ASIC, to claim a lien on

the books; and

(b) such a lien is not otherwise prejudiced.

(6) If ASIC is required to give possession or control of the books to

the new administrator under this section:

(a) a person is not entitled, as against the new administrator, to

claim a lien on the books; and

(b) such a lien is not otherwise prejudiced.

Notice is not a legislative instrument

(7) A notice under subsection (1) is not a legislative instrument.

Retention period for books

(8) ASIC must retain all books of the company, and of the external

administration of the company:

(a) that are relevant to affairs of the company; and

(b) possession or control of which is transferred to ASIC under

this section; and

(c) possession or control of which is not transferred to another

entity under this section, or under any other law;

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Information Division 70

Section 70-35

Corporations Act 2001 327

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

for a period (the retention period) of 2 years after the end of the

external administration of the company.

Destruction of books at end of retention period

(9) ASIC may destroy the books at the end of the retention period.

Relationship with other laws

(10) Subsections (8) and (9) do not apply to the extent that ASIC is

under an obligation to retain the books, or a part of the books,

under another provision of this Act or under any other law.

70-35 Retention and destruction of books

Retention period for books

(1) The last external administrator of a company must retain all books

of the company, and of the external administration of the company,

that:

(a) are relevant to affairs of the company; and

(b) are in the external administrator’s possession or control at the

end of the external administration;

for a period (the retention period) of 5 years from the end of the

external administration.

Exception—reasonable excuse

(2) Subsection (1) does not apply if the external administrator has a

reasonable excuse.

Exception—consent of ASIC etc.

(3) Despite subsection (1), the books may be destroyed within the

retention period:

(a) in the case of a members’ voluntary winding up—as the

company by resolution directs; and

(b) in the case of a creditor’s voluntary winding up or a

court-ordered winding up:

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Section 70-36

328 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(i) if there is a committee of inspection—as the committee

directs; and

(ii) otherwise—as the creditors by resolution direct; and

(c) if the external administrator is appointed as a provisional

liquidator—as the Court directs;

if ASIC consents to the destruction.

Destruction of books at end of retention period

(4) The external administrator may destroy the books at the end of the

retention period.

Offence

(5) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person intentionally or recklessly fails to comply with the

requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in

subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).

Relationship with other laws

(6) Subsections (3) and (4) do not apply to the extent that the external

administrator is under an obligation to retain the books, or a part of

the books, under another provision of this Act or under any other

law.

70-36 Books of company in external administration—evidence

If a company is in external administration, all books of the

company, and of the external administrator of the company, that

are relevant to affairs of the company at or after the start of the

external administration are, as between the contributories of the

company, prima facie evidence of the truth of all matters

purporting to be recorded in those books.

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Information Division 70

Section 70-40

Corporations Act 2001 329

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision D—Giving information etc. to creditors and others

70-40 Right of creditors to request information etc. from external

administrator

(1) The creditors may by resolution request the external administrator

of a company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the creditors.

(2) The external administrator must comply with the request unless:

(a) the information, report or document is not relevant to the

external administration of the company; or

(b) the external administrator would breach his or her duties in

relation to the external administration of the company if the

external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to

comply with the request.

(3) The Insolvency Practice Rules may prescribe circumstances in

which it is, or is not, reasonable for an external administrator of a

company to comply with a request of a kind mentioned in

subsection (1).

70-45 Right of individual creditor to request information etc. from

external administrator

(1) A creditor may request the external administrator of a company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the creditor.

(2) The external administrator must comply with the request unless:

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Section 70-46

330 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) the information, report or document is not relevant to the

external administration of the company; or

(b) the external administrator would breach his or her duties in

relation to the external administration of the company if the

external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to

comply with the request.

(3) The Insolvency Practice Rules may prescribe circumstances in

which it is, or is not, reasonable for an external administrator of a

company to comply with a request of a kind mentioned in

subsection (1).

70-46 Right of members to request information etc. from external

administrator in a members’ voluntary winding up

(1) This section applies in relation to a members’ voluntary winding

up.

(2) The members of the company may by resolution request the

external administrator of the company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the members.

(3) The external administrator must comply with the request unless:

(a) the information, report or document is not relevant to the

external administration of the company; or

(b) the external administrator would breach his or her duties in

relation to the external administration of the company if the

external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to

comply with the request.

(4) The Insolvency Practice Rules may prescribe circumstances in

which it is, or is not, reasonable for an external administrator of a

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Section 70-47

Corporations Act 2001 331

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

company to comply with a request of a kind mentioned in

subsection (2).

70-47 Right of individual member to request information etc. from

external administrator in a members’ voluntary winding

up

(1) This section applies in relation to a members’ voluntary winding

up.

(2) A member of the company may request the external administrator

of a company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the member.

(3) The external administrator must comply with the request unless:

(a) the information, report or document is not relevant to the

external administration of the company; or

(b) the external administrator would breach his or her duties in

relation to the external administration of the company if the

external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to

comply with the request.

(4) The Insolvency Practice Rules may prescribe circumstances in

which it is, or is not, reasonable for an external administrator of a

company to comply with a request of a kind mentioned in

subsection (2).

70-50 Reporting to creditors and members

(1) The Insolvency Practice Rules may provide for and in relation to

the obligations of external administrators of companies:

(a) to give information; and

(b) to provide reports; and

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(c) to produce documents;

to creditors or members.

(2) Without limiting subsection (1), the Insolvency Practice Rules may

provide for and in relation to:

(a) other circumstances in which the external administrator of a

company must give information, provide a report or produce

a document to a creditor or member; and

(b) the manner and form in which information is to be given, a

report provided or a document produced; and

(c) the timeframes in which information is to be given, a report

provided or a document produced; and

(d) who is to bear the cost of giving information, providing a

report or producing a document.

(3) The Insolvency Practice Rules may:

(a) make different provision in relation to different kinds of

external administration; and

(b) provide that specified requirements imposed under the

Insolvency Practice Rules may be replaced or modified, by

resolution, by:

(i) the creditors; or

(ii) the members; or

(iii) if there is a committee of inspection—the committee.

Subdivision E—Other requests for information etc.

70-55 Commonwealth may request information etc.

Application of this section

(1) This section applies if either:

(a) a former employee of a company under external

administration has made a claim for financial assistance from

the Commonwealth in relation to unpaid employment

entitlements; or

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Section 70-60

Corporations Act 2001 333

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) the Commonwealth considers that such a claim is likely to be

made.

Commonwealth may request information etc.

(2) The Commonwealth may request the external administrator of the

company to provide specified information, reports or documents in

relation to the external administration.

(3) The external administrator must comply with the request.

(4) The Insolvency Practice Rules may provide for and in relation to

who is to bear the cost of providing the information, reports or

documents.

Subdivision F—Reporting to ASIC

70-60 Insolvency Practice Rules may provide for reporting to ASIC

(1) The Insolvency Practice Rules may provide for and in relation to

the obligations of an external administrator of a company:

(a) to give information; and

(b) to provide reports; and

(c) to produce documents;

to ASIC.

(2) Without limiting subsection (1), the Insolvency Practice Rules may

provide for and in relation to:

(a) the manner and form in which information is to be given, a

report provided or a document produced; and

(b) the timeframes in which information is to be given, a report

provided or a document produced; and

(c) who is to bear the cost of giving information, providing a

report or producing a document.

(3) The Insolvency Practice Rules may make different provision in

relation to different kinds of external administration.

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Section 70-65

334 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: A failure to give information, provide a report or produce a document

to ASIC in accordance with the Insolvency Practice Rules may lead to

disciplinary action under Subdivision B of Division 40 of Part 2 of

this Schedule.

Subdivision G—External administrator may be compelled to

comply with requests for information etc.

70-65 Application of this Subdivision

(1) This Subdivision applies if the external administrator of a company

refuses a request made by a person under:

(a) Subdivision D; or

(b) a rule made under section 70-50;

(c) Subdivision E; or

(d) section 80-40;

to give information, provide a report or produce a document.

(2) In this Subdivision:

(a) the information, report or document is referred to as the

relevant material; and

(b) the request is referred to as the request for relevant material;

and

(c) giving the information, providing the report or producing the

document is referred to as giving the relevant material.

70-70 ASIC may direct external administrator to comply with the

request for relevant material

(1) ASIC may, in writing, direct the external administrator to give all

or part of the relevant material to the person or persons who made

the request for the relevant material within 5 business days after

the direction is given.

(2) A direction under subsection (1) is not a legislative instrument.

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Section 70-75

Corporations Act 2001 335

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

70-75 ASIC must notify external administrator before giving a

direction under section 70-70

(1) Before giving the external administrator a direction under

section 70-70, ASIC must give the external administrator notice in

writing:

(a) stating that ASIC proposes to give the external administrator

a direction under that section; and

(b) identifying:

(i) the relevant material, or the part of the relevant material,

that ASIC proposes to direct be given; and

(ii) the person or persons to whom ASIC proposes to direct

that the relevant material, or that part of the relevant

material, be given; and

(c) inviting the external administrator to make a written

submission to ASIC within 10 business days after the notice

is given, stating:

(i) whether the external administrator has any objection to

giving the relevant material, or that part of the relevant

material, to a person or persons as proposed; and

(ii) if the external administrator has such an objection—the

reasons for that objection.

(2) If the external administrator objects to giving the relevant material,

or part of the relevant material, to a person, ASIC must take into

account the reasons for that objection when deciding whether to

direct that the relevant material, or that part of the relevant

material, be given to the person.

(3) A notice under subsection (1) is not a legislative instrument.

70-80 ASIC must not direct external administrator to give the

relevant material if external administrator entitled not to

comply with the request

ASIC must not give a direction under section 70-70 to give the

relevant material, or part of the relevant material, to a person if

ASIC is satisfied that the external administrator was entitled, under

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Section 70-85

336 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

a provision of this Act or any other law, not to comply with the

request for the relevant material, or that part of the relevant

material, to the person.

70-85 ASIC may impose conditions on use of the relevant material

ASIC may, by notice, impose conditions

(1) ASIC may, by notice in writing to the person or persons to whom

the relevant material is to be given, impose conditions on the use

and disclosure of the relevant material, or part of the relevant

material, by the person or persons.

Offence

(2) A person commits an offence if:

(a) ASIC directs that the relevant material, or part of the relevant

material, be given to the person; and

(b) ASIC has given the person notice under subsection (1)

imposing a condition in relation to the use or disclosure of

that material by the person; and

(c) the person does not comply with the condition.

Penalty: 10 penalty units or imprisonment for 3 months, or both.

Notice is not a legislative instrument

(3) A notice under subsection (1) is not a legislative instrument.

70-90 Court may order relevant material to be given

(1) The person or persons who made the request for the relevant

material may apply to the Court for an order that the external

administrator give the person or persons all or part of the relevant

material.

(2) If:

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Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) ASIC gives the external administrator a direction under

section 70-70 in relation to all or part of the relevant

material; and

(b) the external administrator does not comply with the direction;

ASIC may apply to the Court for an order that the external

administrator comply with the direction.

(3) On application under subsection (1) or (2), the Court may:

(a) order the external administrator to give the person, or any or

all of the persons, who made the request for the relevant

material all or part of that material; and

(b) make such other orders, including orders as to costs, as it

thinks fit.

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Division 75 Meetings

Section 75-1

338 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 75—Meetings

75-1 Simplified outline of this Division

The external administrator of a company may convene creditor or

company meetings at any time and must convene them in particular

circumstances, for example when directed to do so by certain

creditors or by ASIC.

Under Chapter 5 of this Act, there are other instances in which an

external administrator must hold a meeting.

Requirements for convening and holding meetings (including

notice, agenda, quorum, voting on proposals and costs) are set out

in the Insolvency Practice Rules.

There is a mechanism for resolving a matter without holding a

meeting.

75-5 Other obligations to convene meetings not affected

Nothing in this Division limits the operation of any other provision

of this Act, or any other law, imposing an obligation to convene a

meeting in relation to a company, or the external administration of

a company.

75-10 External administrator may convene meetings

The external administrator of a company may convene:

(a) a meeting of the creditors; or

(b) in the case of a members’ voluntary winding up—a general

meeting of the company;

at any time.

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Section 75-15

Corporations Act 2001 339

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

75-15 External administrator must convene meeting in certain

circumstances

(1) The external administrator of a company must convene a meeting

of the creditors if:

(a) where there is a committee of inspection—the committee of

inspection directs the external administrator to do so; or

(b) the creditors direct the external administrator to do so by

resolution; or

(c) at least 25% in value of the creditors direct the external

administrator to do so in writing; or

(d) both of the following are satisfied:

(i) less than 25%, but more than 10%, in value of the

creditors direct the external administrator to do so in

writing;

(ii) security for the cost of holding the meeting is given to

the external administrator before the meeting is

convened; or

(e) all of the following are satisfied:

(i) the company is being wound up under a creditors’

voluntary winding up;

(ii) less than 25%, but more than 5%, in value of the

creditors direct the external administrator to do so in

writing;

(iii) none of the creditors who give the direction is a related

entity in relation to the company;

(iv) the direction is given no more than 20 business days

after the resolution for the voluntary winding up of the

company is passed.

(2) However, the external administrator need not comply with the

direction if the direction is not reasonable.

(3) The Insolvency Practice Rules may prescribe circumstances in

which a direction is, or is not, reasonable.

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Section 75-20

340 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(4) For the purposes of paragraphs (1)(c), (d) and (e), the value of the

creditors is to be worked out by reference to the value of the

creditors’ claims against the company that are known at the time

the direction is given.

(5) This section does not apply if:

(a) the external administrator is a provisional liquidator of the

company; or

(b) the external administrator is the administrator of the company

and the company is under administration.

75-20 External administrator must convene meeting if required by

ASIC

(1) ASIC may, in writing, direct an external administrator of a

company to convene a meeting of the creditors.

(2) ASIC may include in the direction requirements to be complied

with by the external administrator in notifying the creditors of the

meeting and in conducting the meeting.

(3) The external administrator must comply with a direction given

under subsection (1), and any requirements included in the

direction under subsection (2).

(4) A direction given under subsection (1) is not a legislative

instrument.

75-25 External administrator’s representative at meetings

(1) The external administrator of a company may, in writing, appoint a

person to represent the external administrator at a meeting.

(2) Subsection (1) does not apply to a meeting of a kind prescribed.

(3) If the external administrator is not personally present at a meeting,

then a reference in a provision of this Act to the external

administrator of a company, in respect of matters occurring at or in

connection with the meeting, is a reference to a person appointed to

represent the external administrator at the meeting.

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Section 75-30

Corporations Act 2001 341

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

75-30 ASIC may attend meetings

(1) ASIC is entitled to attend any meeting of creditors or contributories

held under this Act.

(2) Subject to any provision of this Act (including any provision in

relation to voting), ASIC is entitled to participate in any meeting of

creditors held under this Act.

75-35 Commonwealth may attend certain meetings etc.

Application of this section

(1) This section applies if:

(a) a company is under external administration; and

(b) either:

(i) a former employee of the company has made a claim for

financial assistance from the Commonwealth in relation

to unpaid employment entitlements; or

(ii) the Commonwealth considers that such a claim is likely

to be made.

Commonwealth may nominate representative for meetings

(2) The Commonwealth is entitled to nominate a representative to

attend any meeting of creditors or contributories held in relation to

the external administration.

75-40 Proposals to creditors or contributories without meeting

Proposal by notice to creditors

(1) The external administrator of a company may at any time put a

proposal to the creditors or contributories by giving notice, in

writing, under this section.

Content and service of notice

(2) The notice must:

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Section 75-40

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(a) contain a single proposal; and

(b) include a statement of the reasons for the proposal and the

likely impact it will have on creditors or contributories, as the

case may be (if it is passed); and

(c) be given to each creditor or contributory, as the case may be,

who would be entitled to receive notice of a meeting of

creditors or contributories, as the case may be; and

(d) invite the creditor or contributory, as the case may be, to

either:

(i) vote Yes or No on the proposal; or

(ii) object to the proposal being resolved without a meeting

of creditors or contributories, as the case may be; and

(e) specify a reasonable time by which replies must be received

by the external administrator (in order to be taken into

account).

Evidentiary certificate relating to proposals

(3) A certificate signed by the external administrator of the company

stating any matter relating to a proposal under this section is prima

facie evidence of the matter.

Insolvency Practice Rules relating to proposals

(4) The Insolvency Practice Rules may provide for and in relation to

proposals without meeting under this section.

(5) Without limiting subsection (4), the Insolvency Practice Rules may

provide for and in relation to:

(a) the circumstances in which a proposal is taken to be passed;

and

(b) whether a proposal, if passed, is to be taken to have been

passed as a resolution or a special resolution; and

(c) costs and security for those costs in relation to a proposal.

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Section 75-41

Corporations Act 2001 343

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

75-41 Outcome of voting at creditors’ meeting determined by

related entity—Court powers

Application of this section

(1) This section applies if, on the application of a creditor of a

company under external administration, the external administrator

of the company or ASIC, the Court is satisfied of the following

matters:

(a) a proposal has been voted on by creditors (either at a meeting

of the creditors or under section 75-40 without a meeting);

(b) if the vote or votes that a particular related creditor, or

particular related creditors, of the company cast on the

proposal had been disregarded for the purposes of

determining whether or not the proposal was passed, the

proposal:

(i) if it was in fact passed—would not have been passed; or

(ii) if in fact it was not passed—would have been passed;

or the question would have had to be decided on a casting

vote;

(c) the passing of the proposal, or the failure to pass it, as the

case requires:

(i) is contrary to the interests of the creditors as a group or

of that class of creditors as a group, as the case may be;

or

(ii) has prejudiced, or is reasonably likely to prejudice, the

interests of the creditors who voted against the proposal,

or for it, as the case may be, to an extent that is

unreasonable having regard to the matters in

subsection (2).

Unreasonable prejudice to interests of creditors—matters to be

taken into account

(2) For the purposes of subparagraph (1)(c)(ii), the matters are:

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Section 75-42

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(a) the benefits resulting to the related creditor, or to some or all

of the related creditors, from the proposal if passed, or from

the failure to pass the proposal, as the case may be; and

(b) the nature of the relationship between the related creditor and

the company, or of the respective relationships between the

related creditors and the company; and

(c) any other relevant matter.

Court may make orders

(3) The Court may make one or more of the following:

(a) an order that the proposal be considered and voted on at a

meeting of the creditors convened and held as specified in the

order;

(b) an order directing that the related creditor is not, or such of

the related creditors as the order specifies are not, entitled to

vote on:

(i) the proposal; or

(ii) a resolution to amend or vary the proposal;

(c) if the proposal was passed—an order setting aside the

resolution passing the proposal;

(d) such other orders as the Court thinks fit.

Definition—related creditor

(4) In this section:

related creditor, for the purposes of a vote, in relation to a

company, means a person who, when the vote was cast, was a

related entity, and a creditor, of the company.

75-42 Creditors’ resolution passed because of casting vote—Court

review

Application of this section

(1) This section applies if:

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Section 75-43

Corporations Act 2001 345

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) a resolution is passed at a meeting of creditors of a company

under external administration; and

(b) the resolution is passed because the person presiding at the

meeting exercises a casting vote.

Application to the Court

(2) ASIC may apply to the Court for an order setting aside or varying

the resolution.

(3) A person (other than ASIC) may apply to the Court for an order

setting aside or varying the resolution, but only if:

(a) the person voted against the resolution in some capacity

(even if the person voted for the resolution in another

capacity); or

(b) a person voted against the resolution on the first-mentioned

person’s behalf.

Court may make orders

(4) On application under subsection (2) or (3), the Court may:

(a) by order set aside or vary the resolution; and

(b) if it does so—make such further orders, and give such

directions, as it thinks fit.

(5) On and after the making of an order varying the resolution, the

resolution has effect as varied by the order.

75-43 Proposed creditors’ resolution not passed because of casting

vote—Court’s powers

Application of this section

(1) This section applies if:

(a) a resolution is not passed at a meeting of creditors of a

company under external administration; and

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Section 75-44

346 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) the resolution is not passed because the person presiding at

the meeting exercises a casting vote, or refuses or fails to

exercise such a vote.

Application to the Court

(2) ASIC may apply to the Court for an order under subsection (4).

(3) A person (other than ASIC) may apply to the Court for an order

under subsection (4), but only if:

(a) the person voted for the proposed resolution in some capacity

(even if the person voted against the proposed resolution in

another capacity); or

(b) a person voted for the proposed resolution on the

first-mentioned person’s behalf.

Court may make orders

(4) On application under subsection (2) or (3), the Court may:

(a) order that the proposed resolution is taken to have been

passed at the meeting; and

(b) if it does so—make such further orders, and give such

directions, as it thinks fit.

(5) If an order is made under paragraph (4)(a), the proposed resolution:

(a) is taken for all purposes (other than those of subsection (1))

to have been passed at the meeting; and

(b) is taken to have taken effect:

(i) if the order specifies a time when the proposed

resolution is taken to have taken effect—at that time,

even if it is earlier than the making of the order; or

(ii) otherwise—on the making of the order.

75-44 Interim order on application under section 75-41, 75-42 or

75-43

(1) If:

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Section 75-45

Corporations Act 2001 347

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) an application under section 75-41, 75-42 or 75-43 has not

yet been determined; and

(b) the Court is of the opinion that it is desirable to do so;

the Court may make such interim orders as it thinks fit

(2) An interim order must be expressed to apply until the application is

determined, but may be varied or discharged.

75-45 Order under section 75-41 or 75-42 does not affect act already

done pursuant to resolution

An act done pursuant to a resolution as in force before the making,

under section 75-41 or 75-42, of an order setting aside or varying

the resolution is as valid and binding on and after the making of the

order as if the order had not been made.

75-50 Rules relating to meetings

(1) The Insolvency Practice Rules may provide for and in relation to

meetings concerning companies under external administration.

(2) Without limiting subsection (1), the Insolvency Practice Rules may

provide for and in relation to:

(a) the circumstances in which meetings must or may be

convened; and

(b) notice for convening meetings; and

(c) agenda; and

(d) information to be given in connection with meetings; and

(e) who is to preside at meetings; and

(f) the number of creditors or contributories required to

constitute a quorum; and

(g) proxies and attorneys; and

(h) motions; and

(i) voting (including casting votes); and

(j) the circumstances in which a resolution must or may be put

to creditors or contributories in a meeting; and

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Part 3 General rules relating to external administrations

Division 75 Meetings

Section 75-50

348 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(k) the circumstances in which a resolution or a special

resolution put to creditors or contributories in a meeting is

passed; and

(l) facilities, including electronic communication facilities, to be

available at meetings; and

(m) minutes; and

(n) costs in relation to meetings and security for those costs.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-1

Corporations Act 2001 349

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 80—Committees of inspection

80-1 Simplified outline of this Division

Creditors of a company under external administration may decide

that there is to be a committee of inspection to monitor the

administration and to give assistance to the external administrator.

Appointing the committee

Each of the following have rights to appoint members to the

committee (and to remove those members and fill the vacancy):

(a) the creditors by resolution;

(b) a single creditor who is owed, or a group of creditors

who together are owed, a large amount;

(c) a single employee who is owed, or a group of employees

who together are owed, a large amount.

Once a person exercises a right in one capacity to appoint a

member, the person cannot exercise a right in another capacity to

do so. A person can exercise the right in a particular capacity to

appoint only one person (unless the person is filling a vacancy in

that appointment).

If a company is in a related group of companies (called a pooled

group), creditors of all the companies may decide together that

there is to be a committee of inspection for the group and appoint

members of the committee.

Procedures and powers

This Division also deals with the procedures and powers of

committees of inspection (including requesting information,

documents and reports from the external administrator and

obtaining specialist advice).

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Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-5

350 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

An external administrator of a company must have regard to

directions of the committee but is not obliged to comply.

Review

The Court may inquire into and make orders about the conduct of

committees of inspection.

80-5 Application of sections 80-10 to 80-25

(1) The rules in sections 80-10 to 80-25 apply if the external

administrator of a company convenes a meeting of creditors for the

purpose of determining either or both of the following:

(a) whether there is to be a committee of inspection for the

company;

(b) if there is, or is to be, a committee of inspection—who are to

be appointed members of the committee.

(2) However, those rules do not apply if the company is a member of a

pooled group.

Note: Committees of inspection for pooled groups are dealt with in

sections 80-26 and 80-27.

80-10 Committee of inspection—company not a member of a pooled

group

The creditors of a company may, by resolution, determine that

there is to be a committee of inspection in relation to the external

administration of the company.

80-15 Appointment and removal of members of committee of

inspection by creditors generally

(1) The creditors of a company may, by resolution, appoint members

of a committee of inspection in relation to the external

administration of the company.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-20

Corporations Act 2001 351

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) The creditors of a company may by resolution:

(a) remove a person appointed as a member of the committee

under this section; and

(b) appoint another person to fill a vacancy in the office of a

member of the committee of inspection appointed under this

section.

(3) A person is not entitled to vote on a resolution to appoint or

remove a member of a committee of inspection under this section

if:

(a) the person, acting either alone or with others, appoints a

person as a member of the committee under section 80-20; or

(b) the person, acting either alone or with others, appoints a

person as a member of the committee under section 80-25.

80-20 Appointment of committee member by large creditor

(1) A creditor representing at least 10% in value of the creditors, or a

group of creditors who together represent at least 10% in value of

the creditors, of a company may appoint a person as a member of a

committee of inspection in relation to the external administration

of the company.

(2) If a creditor or a group of creditors appoints a person as a member

of a committee of inspection under this section, the creditor or

group of creditors may:

(a) remove the person as a member of the committee; and

(b) appoint another person to fill a vacancy in the office of that

member of the committee.

(3) A creditor, acting either alone or with others, is not entitled to

appoint a person as a member of a committee of inspection under

subsection (1) if:

(a) the creditor votes on a resolution to appoint or remove a

member of the committee under section 80-15; or

(b) the creditor, acting either alone or with others, appoints a

member of the committee under subsection 80-25(1); or

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Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-25

352 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(c) the creditor, acting either alone or with others, has already

appointed a member of the committee under subsection (1) of

this section.

80-25 Appointment of committee member by employees

(1) Either:

(a) an employee of the company; or

(b) employees of the company;

representing at least 50% in value of entitlements owed to or in

respect of employees by the company may appoint a person as a

member of the committee of inspection to represent the employees.

(2) If an employee or a group of employees appoints a person as a

member of a committee of inspection under this section, the

employee or group of employees may:

(a) remove the person as a member of the committee; and

(b) appoint another person to fill a vacancy in the office of that

member of the committee.

(3) An employee, acting either alone or with others, is not entitled to

appoint a person as a member of a committee of inspection under

subsection (1) if:

(a) the employee votes on a resolution to appoint or remove a

member of the committee under section 80-15; or

(b) the employee, acting either alone or with others, appoints a

member of the committee under subsection 80-20(1); or

(c) the employee, acting either alone or with others, has already

appointed a member of the committee under subsection (1) of

this section.

(4) In this section:

employee of a company has the same meaning as in Part 5.8A.

entitlements of an employee of a company has the same meaning

as in Part 5.8A.

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General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-26

Corporations Act 2001 353

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

80-26 Committee of inspection—pooled groups

Application of this section

(1) This section applies if each company that is a member of a pooled

group is being wound up.

Meeting to form a committee of inspection for a pooled group

(2) The external administrator or external administrators must, if

directed to do so under section 80-27, convene a meeting, on a

consolidated basis, of the creditors of all of the companies for the

purposes of determining either or both of the following:

(a) whether there is to be a committee of inspection for the

pooled group;

(b) if there is, or is to be, a committee of inspection for the

pooled group—who are to be appointed members of the

committee.

Committee of inspection for a pooled group becomes the committee

of inspection for each member of the pooled group

(3) A committee of inspection for a pooled group is taken to be a

committee of inspection for each company that is a member of the

pooled group.

Existing committee of inspection for a member of a pooled group

ceases to exist

(4) If:

(a) at the meeting, it is resolved that there is to be a committee of

inspection for the pooled group; and

(b) immediately before the meeting, a committee of inspection

was in existence for a company that is a member of the

pooled group;

the committee mentioned in paragraph (b) ceases to exist when the

resolution mentioned in paragraph (a) is passed.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-27

354 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Rules relating to companies under external administration who are

members of a pooled group

(5) The Insolvency Practice Rules may provide for and in relation to

meetings in relation to the external administration of companies

that are members of a pooled group (pooled group meetings).

(6) Without limiting subsection (5), the Insolvency Practice Rules may

provide for and in relation to:

(a) other circumstances in which pooled group meetings must or

may be convened; and

(b) voting (including casting votes) at pooled group meetings;

and

(c) the circumstances in which a resolution or a special

resolution put to creditors or contributories in a pooled group

meeting is passed; and

(d) costs in relation to pooled group meetings and security for

those costs.

80-27 External administrator must convene meeting in certain

circumstances

(1) The external administrator, or the external administrators, of the

members of a pooled group must convene a meeting under

section 80-26 if:

(a) where there is a committee of inspection for a member of the

pooled group—the committee of inspection directs the

external administrator, or external administrators, to do so; or

(b) the creditors of one of the members of the pooled group

direct the external administrator, or external administrators,

to do so, by resolution; or

(c) at least 25% in value of the creditors of one of the members

of the pooled group, direct the external administrator, or

external administrators, to do so in writing; or

(d) both of the following are satisfied:

(i) less than 25%, but more than 10%, in value of the

creditors of one of the members of the pooled group

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General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-27

Corporations Act 2001 355

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

direct the external administrator, or external

administrators, to do so in writing;

(ii) security for the cost of holding the meeting is given to

the external administrator, or external administrators,

before the meeting is convened; or

(e) all of the following are satisfied:

(i) the members of the pooled group are each being wound

up under a creditors’ voluntary winding up;

(ii) less than 25%, but more than 5%, in value of the

creditors of one of the members of the pooled group

direct the external administrator, or external

administrators, to do so in writing;

(iii) none of the creditors who give the direction is a related

entity in relation to that member of the pooled group;

(iv) the direction is given no more than 20 business days

after the last resolution for the voluntary winding up of

the members of the pooled group is passed.

(2) However, the external administrator, or external administrators,

need not comply with the direction if the direction is not

reasonable.

(3) The Insolvency Practice Rules may prescribe circumstances in

which a direction is, or is not, reasonable.

(4) For the purposes of paragraphs (1)(c), (d) and (e), the value of the

creditors is to be worked out by reference to the value of the

creditors’ claims (that are known at the time the direction is given)

against the member of the pooled group.

(5) This section does not apply if:

(a) one of the external administrators is a provisional liquidator

of a member of the pooled group; or

(b) one of the external administrators is the administrator of a

member of the pooled group and the member is under

administration.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-30

356 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

80-30 Committees of inspection—procedures etc.

(1) Subject to subsection (2), a committee of inspection is to determine

its own procedures.

(2) The Insolvency Practice Rules may provide for and in relation to

committees of inspection.

(3) Without limiting subsection (2), the Insolvency Practice Rules may

provide for and in relation to:

(a) eligibility to be appointed as a member of a committee of

inspection; and

(b) the convening of, conduct of, and procedure and voting at,

meetings; and

(c) resignation and removal of members; and

(d) vacancies in membership.

80-35 Functions of committee of inspection

(1) A committee of inspection has the following functions:

(a) to advise and assist the external administrator of the

company;

(b) to give directions to the external administrator of the

company;

(c) to monitor the conduct of the external administration of the

company;

(d) such other functions as are conferred on the committee by

this Act;

(e) to do anything incidental or conducive to the performance of

any of the above functions.

(2) An external administrator of a company must have regard to any

directions given to the external administrator by the committee of

inspection, but the external administrator is not required to comply

with such directions.

(3) If an external administrator of a company does not comply with a

direction, the external administrator must make a written record of

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General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-40

Corporations Act 2001 357

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

that fact, along with the external administrator’s reasons for not

complying with the direction.

80-40 Committee of inspection may request information etc.

(1) A committee of inspection may request the external administrator

of a company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the committee.

(2) The external administrator must comply with the request unless:

(a) the information, report or document is not relevant to the

external administration of the company; or

(b) the external administrator would breach his or her duties in

relation to the external administration of the company if the

external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to

comply with the request.

(3) The Insolvency Practice Rules may prescribe circumstances in

which it is, or is not, reasonable for an external administrator of a

company to comply with a request of a kind mentioned in

subsection (1).

80-45 Reporting to committee of inspection

(1) The Insolvency Practice Rules may provide for and in relation to

the obligations of external administrators of companies:

(a) to give information; and

(b) to provide reports; and

(c) to produce documents;

to committees of inspection.

(2) Without limiting subsection (1), the Insolvency Practice Rules may

provide for and in relation to:

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Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-50

358 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) other circumstances in which the external administrator of a

company must give information, provide a report or produce

a document to a committee of inspection; and

(b) the manner and form in which information is to be given, a

report provided or a document produced; and

(c) the timeframes in which information is to be given, a report

provided or a document produced; and

(d) who is to bear the cost of giving information, providing a

report or producing a document.

(3) The Insolvency Practice Rules may:

(a) make different provision in relation to different classes of

company or external administration of a company; and

(b) provide that specified requirements imposed under the

Insolvency Practice Rules may be replaced or modified, by

resolution, by:

(i) the creditors; or

(ii) the committee of inspection.

80-50 Committee of inspection may obtain specialist advice or

assistance

(1) A committee of inspection may resolve that a member of the

committee obtain, on behalf of the committee, such advice or

assistance as the committee considers desirable in relation to the

conduct of the external administration.

(2) The committee of inspection must obtain the approval of the

external administrator of the company or the Court before expenses

are incurred in obtaining the advice or assistance.

(3) To avoid doubt, an expense incurred under subsection (2) is to be

taken to be an expense incurred by a person as a member of the

committee, unless the Court orders otherwise.

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General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-55

Corporations Act 2001 359

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

80-55 Obligations of members of committee of inspection

Deriving profit or advantage from the company

(1) A member of a committee of inspection must not directly or

indirectly derive any profit or advantage from the external

administration of the company.

Circumstances in which profit or advantage is taken to be derived

(2) To avoid doubt, a member of a committee of inspection is taken to

derive a profit or advantage from the external administration of the

company if:

(a) the member directly or indirectly derives a profit or

advantage from a transaction (including a sale or purchase)

entered into for or on account of the company; or

(b) the member directly or indirectly derives a profit or

advantage from a creditor of the company; or

(c) a related entity of the member directly or indirectly derives a

profit or advantage from the external administration of the

company.

Exceptions

(3) Subsection (1) does not apply if the creditors resolve otherwise.

(4) The member of the committee is not entitled to vote on the

resolution referred to in subsection (3).

(5) Subsection (1) does not apply to the extent that:

(a) another provision of this Act, or of another law, requires or

permits the member of the committee of inspection to derive

the profit or advantage; or

(b) the Court gives leave to the member of the committee to

derive the profit or advantage.

Note: Subsection (1) would not, for example, prevent a creditor from

recovering debts proved in a winding up, as this is permitted under

Part 5.6 of Chapter 5.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-55

360 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(6) Despite paragraph (2)(c), subsection (1) does not apply to the

extent that:

(a) the profit or advantage arises because the external

administrator employs or engages a person to provide

services in connection with the external administration of the

company; and

(b) the person is a related entity of a member of the committee of

inspection; and

(c) one of the following applies:

(i) the member does not know, and could not reasonably be

expected to know, that the external administrator has

employed or engaged a related entity of the member;

(ii) the creditors, by resolution, agree to the related entity

being employed or engaged.

Offence

(7) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in

subsections (3), (5) and (6) (see subsection 13.3(3) of the Criminal

Code).

Effect of contravention of this section

(8) A transaction or any other arrangement entered into in

contravention of this section may be set aside by the Court.

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General rules relating to external administrations Part 3

Committees of inspection Division 80

Section 80-60

Corporations Act 2001 361

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

80-60 Obligations of creditor appointing a member of committee of

inspection

Application of this section

(1) This section applies if a creditor representing at least 10% in value

of the creditors of a company appoints a person under

section 80-20 as a member of a committee of inspection in relation

to the external administration of the company.

(2) The creditor must not directly or indirectly become the purchaser

of any part of the property of the company.

Exceptions

(3) Subsection (2) does not apply if the creditors resolve otherwise.

(4) The creditor is not entitled to vote on the resolution referred to in

subsection (3).

(5) Subsection (2) does not apply to the extent that:

(a) another provision of this Act, or of another law, requires or

permits the creditor to purchase the property; or

(b) the Court gives leave to the creditor to purchase the property.

Offence

(6) A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (2);

and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in

subsections (3) and (5) (see subsection 13.3(3) of the Criminal Code).

Effect of contravention of this section

(7) A transaction or any other arrangement entered into in

contravention of this section may be set aside by the Court.

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Part 3 General rules relating to external administrations

Division 80 Committees of inspection

Section 80-65

362 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

80-65 ASIC may attend committee meetings

ASIC is entitled to attend any meeting of a committee of

inspection.

80-70 The Court may inquire into conduct of the committee

The Court may inquire into the conduct of a committee of

inspection and make such orders as it thinks fit to ensure the proper

conduct of the committee.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Directions by creditors Division 85

Section 85-1

Corporations Act 2001 363

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 85—Directions by creditors

85-1 Simplified outline of this Division

The external administrator of a company must have regard to

directions given to the administrator by the creditors of the

company but is not obliged to comply with those directions.

85-5 External administrator to have regard to directions given by

creditors

(1) The creditors of a company under external administration (other

than a members’ voluntary winding up) may, by resolution, give

directions to the external administrator of the company in relation

to the external administration.

(2) An external administrator of a company must have regard to any

directions mentioned in subsection (1), but the external

administrator is not required to comply with such directions.

(3) If the external administrator does not comply with a direction, the

external administrator must make a written record of that fact,

along with the external administrator’s reasons for not complying

with the direction.

(4) If there is a conflict between directions given by the creditors

under subsection (1) and by the committee of inspection under

section 80-35, directions given by the creditors override any

directions given by the committee.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-1

364 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 90—Review of the external administration of a

company

Subdivision A—Introduction

90-1 Simplified outline of this Division

Review by the Court

The Court may inquire into the external administration of a

company either on its own initiative or on the application of the

company, the external administrator, ASIC or a person with a

financial interest in the external administration of the company

(such as a creditor of the company).

The Court has wide powers to make orders, including orders

replacing the external administrator or dealing with losses resulting

from a breach of duty by the external administrator.

Review by another registered liquidator

ASIC, the Court, creditors or members of a company may appoint

a registered liquidator to review the external administration of the

company. Such a review may look at a range of matters, including

whether the remuneration of the external administrator is

reasonable and whether costs and expenses have been properly

incurred.

The Insolvency Practice Rules may set the powers and duties of a

registered liquidator conducting such a review and may deal with

issues relating to the review process.

If a provisional liquidator has been appointed for the company,

review by another registered liquidator is not available.

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General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-5

Corporations Act 2001 365

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Removal of external administrator by creditors

The creditors of a company under external administration (other

than a company for which a provisional liquidator has been

appointed) may remove the external administrator of the company

and appoint another. However, the external administrator may

apply to the Court to be reappointed.

Subdivision B—Court powers to inquire and make orders

90-5 Court may inquire on own initiative

(1) The Court may, on its own initiative during proceedings before the

Court, inquire into the external administration of a company.

(2) The Court may, for the purposes of such an inquiry, require a

person who is or has at any time been the external administrator of

the company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the Court in relation to the external administration of the

company.

(3) This section does not limit the Court’s powers under any other

provision of this Act, or under any other law.

90-10 Court may inquire on application of creditors etc.

(1) The Court may, on the application of a person mentioned in

subsection (2), inquire into the external administration of a

company.

(2) Each of the following persons may make an application for an

inquiry:

(a) a person with a financial interest in the external

administration of the company;

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Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-15

366 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) an officer of the company;

(c) if the committee of inspection (if any) so resolves—a

creditor, on behalf of the committee;

(d) ASIC.

(3) Paragraph (2)(b) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company is

under external administration.

(4) The Court may, for the purposes of such an inquiry, require a

person who is or has at any time been the external administrator of

the company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the Court in relation to the external administration of the

company.

(5) If an application is made by a person referred to in

paragraph (2)(c), the reasonable expenses associated with the

application are to be taken to be expenses incurred by a person as a

member of the committee unless otherwise ordered by the Court.

(6) This section does not limit the Court’s powers under any other

provision of this Act, or under any other law.

90-15 Court may make orders in relation to external administration

Court may make orders

(1) The Court may make such orders as it thinks fit in relation to the

external administration of a company.

Orders on own initiative or on application

(2) The Court may exercise the power under subsection (1):

(a) on its own initiative, during proceedings before the Court; or

(b) on application under section 90-20.

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General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-15

Corporations Act 2001 367

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Examples of orders that may be made

(3) Without limiting subsection (1), those orders may include any one

or more of the following:

(a) an order determining any question arising in the external

administration of the company;

(b) an order that a person cease to be the external administrator

of the company;

(c) an order that another registered liquidator be appointed as the

external administrator of the company;

(d) an order in relation to the costs of an action (including court

action) taken by the external administrator of the company or

another person in relation to the external administration of

the company;

(e) an order in relation to any loss that the company has

sustained because of a breach of duty by the external

administrator;

(f) an order in relation to remuneration, including an order

requiring a person to repay to a company, or the creditors of

a company, remuneration paid to the person as external

administrator of the company.

Matters that may be taken into account

(4) Without limiting the matters which the Court may take into

account when making orders, the Court may take into account:

(a) whether the liquidator has faithfully performed, or is

faithfully performing, the liquidator’s duties; and

(b) whether an action or failure to act by the liquidator is in

compliance with this Act and the Insolvency Practice Rules;

and

(c) whether an action or failure to act by the liquidator is in

compliance with an order of the Court; and

(d) whether the company or any other person has suffered, or is

likely to suffer, loss or damage because of an action or failure

to act by the liquidator; and

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-20

368 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(e) the seriousness of the consequences of any action or failure

to act by the liquidator, including the effect of that action or

failure to act on public confidence in registered liquidators as

a group.

Costs orders

(5) Without limiting subsection (1), an order mentioned in

paragraph (3)(d) in relation to the costs of an action may include an

order that:

(a) the external administrator or another person is personally

liable for some or all of those costs; and

(b) the external administrator or another person is not entitled to

be reimbursed by the company or its creditors in relation to

some or all of those costs.

Orders to make good loss sustained because of a breach of duty

(6) Without limiting subsection (1), an order mentioned in

paragraph (3)(e) in relation to a loss may include an order that:

(a) the external administrator is personally liable to make good

some or all of the loss; and

(b) the external administrator is not entitled to be reimbursed by

the company or creditors in relation to the amount made

good.

Section does not limit Court’s powers

(7) This section does not limit the Court’s powers under any other

provision of this Act, or under any other law.

90-20 Application for Court order

(1) Each of the following persons may apply for an order under

section 90-15:

(a) a person with a financial interest in the external

administration of the company;

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-21

Corporations Act 2001 369

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) if the committee of inspection (if any) so resolves—a

creditor, on behalf of the committee;

(c) ASIC;

(d) an officer of the company;

(e) if the application is in relation to a company that is a friendly

society within the meaning of the Life Insurance Act 1995

and which may be wound up voluntarily under

subsection 180(2) of that Act—APRA.

(2) Paragraph (1)(d) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company is

under external administration.

(3) If an application is made by a person referred to in

paragraph (1)(b), the reasonable expenses associated with the

application are to be taken to be expenses incurred by a person as a

member of the committee.

90-21 Meetings to ascertain wishes of creditors or contributories

(1) The Court may, as to all matters relating to the external

administration of a company, have regard to the wishes of the

creditors or contributories as proved to it by any sufficient

evidence.

(2) The Court may, if it thinks fit for the purpose of ascertaining those

wishes, direct meetings of the creditors or contributories to be

convened, held and conducted in such manner as the Court directs,

and may appoint a person to act as chair of any such meeting and

to report the result of the meeting to the Court.

(3) In the case of creditors, regard is to be had to the value of each

creditor’s debt.

(4) In the case of contributories, regard is to be had to the number of

votes conferred on each contributory by this Act or the company’s

constitution.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-22

370 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Subdivision C—Review by another registered liquidator

90-22 Application of this Subdivision

This Subdivision applies in relation to a company that is under

external administration, other than a company in relation to which

a provisional liquidator has been appointed.

90-23 Appointment of reviewing liquidator by ASIC or the Court

Appointment by ASIC

(1) A registered liquidator may be appointed by ASIC to carry out a

review into a matter that relates to the external administration of

the company, if ASIC considers it appropriate to do so.

(2) ASIC may exercise the power under subsection (1):

(a) on its own initiative; or

(b) on application by a person with a financial interest in the

external administration of the company; or

(c) on the application of an officer of the company.

(3) An application under paragraph (2)(b) or (c) must be lodged with

ASIC in the approved form.

(4) Paragraph (2)(c) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company

under external administration.

(5) If ASIC appoints a registered liquidator to carry out a review,

ASIC must specify:

(a) the matters in relation to the external administration of the

company which the liquidator is appointed to review; and

(b) the way in which the cost of carrying out the review is to be

determined.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-24

Corporations Act 2001 371

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Appointment by the Court

(6) A registered liquidator may be appointed by the Court to carry out

a review into a matter that relates to the external administration of

the company.

(7) The Court may exercise the power under subsection (6):

(a) on application under subsection (8); and

(b) if the Court considers it appropriate to do so.

(8) Either of the following may make an application under this

subsection:

(a) ASIC;

(b) a person with a financial interest in the external

administration of the company.

(9) If the Court appoints a registered liquidator to carry out a review,

the Court must specify:

(a) the matters in relation to the external administration of the

company which the liquidator is appointed to review; and

(b) the way in which the cost of carrying out the review is to be

determined.

Appointments by ASIC or by the Court—limit

(10) A matter referred to in paragraph (5)(a) or (9)(a) must not relate to

remuneration which an external administrator of the company is

entitled to receive under subsection 60-5(2) (remuneration if no

remuneration determinations made).

90-24 Appointment of reviewing liquidator by creditors etc.

Appointment to carry out review

(1) A registered liquidator may be appointed to carry out a review into

either or both of the following matters:

(a) remuneration of the external administrator of the company;

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-24

372 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) a cost or expense incurred by the external administrator of

the company.

Appointment by resolution

(2) The appointment may be made by resolution of:

(a) the creditors; or

(b) if the company is being wound up under a members’

voluntary winding up—the company;

(3) If the appointment is made by resolution, the resolution must

specify:

(a) the remuneration, costs or expenses which the liquidator is

appointed to review; and

(b) the way in which the cost of carrying out the review is to be

determined.

Appointment by one or more creditors or members

(4) The appointment may be made by:

(a) one or more of the creditors; or

(b) if the company is being wound up under a members’

voluntary winding up—one or more of the members.

(5) However, an appointment may only be made under subsection (4)

if the external administrator of the company agrees to the

appointment.

(6) The agreement must:

(a) be in accordance with the Insolvency Practice Rules; and

(b) specify:

(i) the remuneration, costs or expenses which the liquidator

is appointed to review; and

(ii) the way in which the cost of carrying out the review is

to be determined.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-25

Corporations Act 2001 373

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Appointments by creditors etc.—limit

(7) Despite subsection (1), a registered liquidator appointed under this

section has no power to review the remuneration to which the

external administrator of a company is entitled under

subsection 60-5(2) (remuneration if no remuneration

determinations made).

90-25 Reviewing liquidator must consent to appointment

A registered liquidator cannot be appointed under this Subdivision

as a reviewing liquidator in relation to a matter unless:

(a) the liquidator has consented in writing to the appointment;

and

(b) as at the time of the appointment, the liquidator has not

withdrawn the consent.

90-26 Review

Review—general

(1) If a reviewing liquidator is appointed under this Subdivision in

relation to a matter, the reviewing liquidator must carry out a

review into that matter.

Reviews relating to remuneration, costs or expenses

(2) If the matter is, or includes, remuneration of the external

administrator of the company, the review may (but need not)

include an assessment of whether the remuneration is reasonable.

(3) If the matter is, or includes, a cost or expense incurred by the

external administrator of the company, the review must include an

assessment of whether the cost or expense was properly incurred

by the external administrator.

Note: Insolvency Practice Rules made under section 90-29 may provide for

the meaning of properly incurred.

(4) A reviewing liquidator must not review:

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-27

374 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) remuneration of an external administrator of the company

that relates to a period; or

(b) a cost or expense incurred by the external administrator of

the company incurred during a period;

unless the period is:

(c) for a reviewing liquidator appointed by the Court under

paragraph 90-28(2)(c) or (3)(b)—the period determined by

the Court; or

(d) otherwise—the prescribed period.

Report of review

(5) A reviewing liquidator must prepare a report on the review.

90-27 Who pays for a review?

(1) The cost of carrying out a review under this Subdivision:

(a) in the case of a reviewing liquidator appointed with the

agreement of the external administrator of the company

under subsection 90-24(5)—is to be borne by the creditors or

members referred to in that subsection; or

(b) in any other case—forms part of the expenses of the external

administration of the company.

(2) Subsection (1) has effect subject to an order of the Court under

section 90-28.

90-28 Court orders in relation to review

Application of this section

(1) This section applies if:

(a) a reviewing liquidator has been appointed under this

Subdivision in relation to one or more matters; and

(b) the review has not been completed.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-28

Corporations Act 2001 375

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Court orders on application by the reviewing liquidator

(2) On application by the reviewing liquidator, the Court may make

any or all of the following orders in relation to the review:

(a) requiring the external administrator of the company or any

other person to provide books, information or assistance to

the reviewing liquidator;

(b) requiring the reviewing liquidator to carry out a review of

one or more matters that relate to the external administration

of the company and that are specified in the order instead of,

or in addition to, the matters referred to in paragraph (1)(a);

(c) accepting the resignation of the reviewing liquidator, and

appointing another registered liquidator as reviewing

liquidator for the matter or matters;

(d) any other order that the Court thinks fit.

Court orders on application by a person with a financial interest

(3) On application by a person mentioned in subsection (4), the Court

may make any or all of the following orders in relation to the

review:

(a) requiring the reviewing liquidator to carry out a review of

one or more matters that relate to the external administration

and that are specified in the order instead of, or in addition to,

the matters referred to in paragraph (1)(a) of this section;

(b) removing from office the reviewing liquidator, and

appointing another registered liquidator as reviewing

liquidator for the matter or matters;

(c) any other order that the Court thinks fit.

(4) The persons who may make an application under subsection (3)

are:

(a) a person with a financial interest in the external

administration of the company; or

(b) an officer of the company.

(5) Paragraph (4)(b) has effect despite section 198G.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-29

376 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: Section 198G deals with powers of officers etc. while a company is

under external administration.

90-29 Rules about reviews

(1) The Insolvency Practice Rules may provide for and in relation to

reviews under this Subdivision.

(2) Without limiting subsection (1), the Insolvency Practice Rules may

provide for and in relation to any or all of the following matters:

(a) the giving of notice to the external administrator of a

company before appointing, or making an application for the

appointment of, a reviewing liquidator under this

Subdivision;

(b) the meaning, for the purposes of section 90-26, of properly

incurred in relation to costs or expenses incurred by an

external administrator of a company;

(c) the appointment of reviewing liquidators, including

requirements as to who may be appointed and the provision

of declarations of relevant relationships;

(d) the powers and duties of reviewing liquidators in carrying out

a review;

(e) the form and content of reports by reviewing liquidators;

(f) the preparation and provision of reports by reviewing

liquidators.

Subdivision D—Removal by creditors

90-30 Application of this Subdivision

This Subdivision applies in relation to a company that is under

external administration, other than a company in relation to which

a provisional liquidator has been appointed.

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Insolvency Practice Schedule (Corporations) Schedule 2

General rules relating to external administrations Part 3

Review of the external administration of a company Division 90

Section 90-35

Corporations Act 2001 377

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

90-35 Removal by creditors

Creditors may remove external administrator and appoint another

(1) The creditors may:

(a) by resolution at a meeting, remove the external administrator

of a company; and

(b) by resolution at the same or a subsequent meeting, appoint

another person as the external administrator of the company.

Note: For the general rules relating to meetings, see Division 75.

(2) However, the creditors may not do so unless at least 5 business

days’ notice of the meeting is given to all persons who are entitled

to receive notice of creditors’ meetings.

(3) The removal of an external administrator does not take effect until

another person is appointed as external administrator of the

company.

Former administrator may apply to Court to be reappointed

(4) A person (the former administrator) who has been removed as

external administrator of the company by resolution of the

creditors may apply to the Court to be reappointed as external

administrator of the company.

(5) However, if the former administrator makes such an application,

the former administrator must:

(a) record all costs incurred by the former administrator and the

company in relation to the application; and

(b) do so in a way that separates those costs from the costs

incurred by the former administrator and the company in

relation to other matters.

(6) The Court may order that the former administrator be reappointed

as external administrator of the company if the Court is satisfied

that the removal of the former administrator was an improper use

of the powers of one or more creditors.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 3 General rules relating to external administrations

Division 90 Review of the external administration of a company

Section 90-35

378 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(7) The Court may make such other orders in relation to the

application as it thinks fit including orders in relation to:

(a) the costs of the application; and

(b) the remuneration of the former administrator.

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Insolvency Practice Schedule (Corporations) Schedule 2

Other matters Part 4

Introduction Division 95

Section 95-1

Corporations Act 2001 379

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 4—Other matters

Division 95—Introduction

95-1 Simplified outline of this Part

This Part deals with a variety of matters:

(a) an external administrator of a company may assign a

right to sue; and

(b) forms are approved by ASIC (provision is made for

what may be required in the form or to accompany the

form); and

(c) the Minister has power to make rules to be called the

Insolvency Practice Rules.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 4 Other matters

Division 100 Other matters

Section 100-5

380 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 100—Other matters

100-5 External administrator may assign right to sue under this Act

(1) Subject to subsections (2) and (3), an external administrator of a

company may assign any right to sue that is conferred on the

external administrator by this Act.

(2) If the external administrator’s action has already begun, the

external administrator cannot assign the right to sue unless the

external administrator has the approval of the Court.

(3) Before assigning any right under subsection (1), the external

administrator must give written notice to the creditors of the

proposed assignment.

(4) If a right is assigned under this section, a reference in this Act to

the external administrator in relation to the action is taken to be a

reference to the person to whom the right has been assigned.

100-6 Approved forms

(1) A document that this Schedule requires to be lodged with ASIC in

an approved form must:

(a) be in the form approved by ASIC for the document; and

(b) include the information, statements, explanations or other

matters required by the form; and

(c) be accompanied by any other material required by the form.

(2) A reference in this Schedule to a document that has been lodged

(being a document to which subsection (1) applies), includes a

reference to any other material lodged with the document as

required by the relevant form.

(3) If:

(a) this Schedule requires a document to be lodged with ASIC in

an approved form; and

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Insolvency Practice Schedule (Corporations) Schedule 2

Other matters Part 4

Other matters Division 100

Section 100-6

Corporations Act 2001 381

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) a provision of this Schedule specifies information,

statements, explanations or other matters that must be

included in the document, or other material that must

accompany the document;

that other provision is not taken to exclude or limit the operation of

subsection (1) in relation to the approved form (and so the

approved form may also require information etc. to be included in

the form or material to accompany the form).

(4) The Insolvency Practice Rules may provide for and in relation to:

(a) methods of verifying any information required by or in

approved forms; and

(b) the manner in which, the persons by whom, and the

directions or requirements in accordance with which,

approved forms are required or permitted to be signed,

prepared, or completed.

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Schedule 2 Insolvency Practice Schedule (Corporations)

Part 4 Other matters

Division 105 The Insolvency Practice Rules

Section 105-1

382 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 105—The Insolvency Practice Rules

105-1 The Insolvency Practice Rules

(1) The Minister may, by legislative instrument, make rules providing

for matters:

(a) required or permitted by this Schedule to be provided by the

rules; or

(b) necessary or convenient to be provided in order to carry out

or give effect to this Schedule.

(2) Rules made under subsection (1) may include offences.

(3) The penalties for offences described in subsection (2) must not be

more than 50 penalty units for an individual or 250 penalty units

for a body corporate.

(4) To avoid doubt, the rules may not do the following:

(a) create a civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(5) Rules that are inconsistent with the regulations have no effect to

the extent of the inconsistency, but rules are taken to be consistent

with the regulations to the extent that the rules are capable of

operating concurrently with the regulations.

(6) Despite subsection 1345A(1), the Minister’s power to make rules

under this section may not be delegated to any other person.

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Penalties Schedule 3

Corporations Act 2001 383

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Schedule 3—Penalties Note: See section 1311.

Penalties

Item Provision Penalty

1 Section 111AU 200 penalty units or imprisonment for 5 years,

or both.

2 Subsection 113(1) 50 penalty units or imprisonment for 1 year, or

both.

3 Subsection 113(3) 5 penalty units.

4 Section 115 5 penalty units.

5 Subsection 117(5) 10 penalty units, or imprisonment for 3

months, or both.

6 Subsection 123(3) 10 penalty units, or imprisonment for 3

months, or both.

7 Subsection 136(5) 5 penalty units.

8 Subsection 139(1) 5 penalty units.

9 Subsections 142(1) and

(2)

60 penalty units.

10 Subsection 143(1) 5 penalty units.

11 Section 144 10 penalty units or imprisonment for 3

months, or both.

12 Subsections 145(1) and

(3)

60 penalty units.

13 Subsection 146(1) 60 penalty units.

14 Subsections 148(2), (3)

and (4)

10 penalty units or imprisonment for 3

months, or both.

15 Subsection 150(2) 5 penalty units.

16 Subsection 151(2) 5 penalty units.

17 Subsections 153(1) and

(2)

10 penalty units or imprisonment for 3

months, or both.

18 Subsection 156(1) 10 penalty units or imprisonment for 3

months, or both.

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Schedule 3 Penalties

384 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Penalties

Item Provision Penalty

19 Subsection 157(2) 5 penalty units.

20 Subsection 158(2) 50 penalty units or imprisonment for 1 year, or

both.

20A Subsection 161A(2) or

(3)

10 penalty units or imprisonment for 3

months, or both.

21 Subsection 162(3) 5 penalty units.

22 Subsection 163(5) 10 penalty units or imprisonment for 3

months, or both.

23 Subsection 165(2) 50 penalty units or imprisonment for 1 year, or

both.

24 Section 168 10 penalty units or imprisonment for 3

months, or both.

25 Subsection 170(3) 10 penalty units or imprisonment for 3

months, or both.

26 Section 172 10 penalty units or imprisonment for 3

months, or both.

27 Section 173 10 penalty units or imprisonment for 3

months, or both.

28 Subsection 174(1) 10 penalty units or imprisonment for 3

months, or both.

29 Subsection 177(1) 50 penalty units.

29AA Subsection 177(1AA) 50 penalty units.

29A Subsection 178A(1) 60 penalty units.

29B Subsection 178C(1) 60 penalty units.

30 Section 184 2,000 penalty units or imprisonment for 5

years, or both.

32 Subsection 191(1) 10 penalty units or imprisonment for 3

months, or both.

33 Subsection 195(1) 5 penalty units.

34 Subsection 199B(1) 5 penalty units.

35 Subsection 200B(1) 180 penalty units or imprisonment for 6

months, or both.

36 Subsection 200C(1) 180 penalty units or imprisonment for 6

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Penalties Schedule 3

Corporations Act 2001 385

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Penalties

Item Provision Penalty

months, or both.

37 Section 200D 180 penalty units or imprisonment for 6

months, or both.

38 Subsection 201D(1) 10 penalty units or imprisonment for 3

months, or both.

39 Subsection 201D(2) 5 penalty units.

39A Subsections 201R(2) and

(3)

5 penalty units.

40 Subsection 202B(1) 5 penalty units.

41 Subsections 203D(3) and

(5)

5 penalty units.

42 Section 204A 5 penalty units.

43 Subsections 204C(1) and

(2)

5 penalty units.

44 Subsections 205B(1),

(2), (4) and (5)

60 penalty units or imprisonment for 1 year, or

both.

45 Subsections 205C(1) and

(2)

10 penalty units or imprisonment for 3

months, or both.

46 Subsection 205E(2) 10 penalty units or imprisonment for 3

months, or both.

47 Subsection 205F(1) 10 penalty units or imprisonment for 3

months, or both.

48 Subsections 205G(1), (3)

and (4)

10 penalty units or imprisonment for 3

months, or both.

49 Subsection 206A(1) 50 penalty units or imprisonment for 1 year, or

both.

49A Subsections 206J(4), (6)

and (7)

60 penalty units.

49B Subsection 206K(4) 60 penalty units.

49C Subsections 206L(3) and

(4)

60 penalty units.

49D Subsection 206M(2) 60 penalty units.

50 Subsection 209(3) 2000 penalty units, or imprisonment for 5

years, or both.

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Schedule 3 Penalties

386 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Penalties

Item Provision Penalty

51 Section 224 200 penalty units or imprisonment for 5 years,

or both.

52 Section 225 5 penalty units.

53 Section 235 50 penalty units or imprisonment for 1 year, or

both.

54 Section 237 25 penalty units or imprisonment for 6

months, or both.

55 Section 242 10 penalty units or imprisonment for 3

months, or both.

56 Subsection 242AA(3) 5 penalty units.

58 Subsection 246B(3) 5 penalty units.

59 Subsection 246D(6) 5 penalty units.

60 Subsections 246F(1) and

(3)

5 penalty units.

61 Subsection 246G(1) 5 penalty units.

62 Section 247C 5 penalty units.

63 Subsections 249E(3) and

(4)

5 penalty units.

64 Section 249K 5 penalty units.

65 Section 249Z 5 penalty units.

65A Subsection 249L(1) or

(2)

5 penalty units.

66 Subsections 250BB(2),

(3) and (4)

5 penalty units.

66A Subsection 250BD(1) 200 penalty units or imprisonment for 5 years,

or both.

67 Subsections 250N(1) and

(2)

10 penalty units or imprisonment for 3

months, or both.

68 Subsections 250P(3) and

(4)

10 penalty units or imprisonment for 3

months, or both.

68A Subsections 250PA(3),

(4), (6) and (9)

5 penalty units.

68AA Subsection 250R(2) 5 penalty units.

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Penalties

Item Provision Penalty

68AB Subsection 250R(7) 200 penalty units or imprisonment for 5 years,

or both.

68B Subsections 250RA(1)

and (3)

10 penalty units.

69 Section 250S 5 penalty units.

69A Section 250SA 5 penalty units.

70 Subsections 250T(1) and

(4)

5 penalty units.

70A Subsection 250W(5) 10 penalty units.

71 Subsections 251A(1) to

(5)

10 penalty units or imprisonment for 3

months, or both.

72 Subsections 251B(1), (3)

and (4)

5 penalty units.

73 Subsections 252C(3) and

(4)

5 penalty units.

74 Section 252H 5 penalty units.

75 Section 252X 5 penalty units.

76 Subsection 252Y(5) 5 penalty units.

77 Subsections 253M(1),

(2) and (3)

10 penalty units or imprisonment for 3

months, or both.

78 Subsections 253N(1), (3)

and (4)

5 penalty units.

79 Subsection 254H(4) 5 penalty units.

80 Subsection 254L(3) 2,000 penalty units, or imprisonment for 5

years, or both.

81 Subsection 254N(2) 5 penalty units.

82 Subsection 254Q(13) 5 penalty units.

82A Section 254SA 100 penalty units or imprisonment for 2 years,

or both.

83 Section 254T 100 penalty units or imprisonment for 2 years,

or both.

84 Subsections 254X(1) and

(2)

60 penalty units.

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Penalties

Item Provision Penalty

85 Section 254Y 5 penalty units.

86 Subsection 256D(4) 2,000 penalty units, or imprisonment for 5

years, or both.

87 Subsection 259B(6) 5 penalty units.

88 Subsection 259D(4) 5 penalty units.

89 Subsection 259F(3) 2,000 penalty units, or imprisonment for 5

years, or both.

90 Subsection 260D(3) 2,000 penalty units, or imprisonment for 5

years, or both.

91 Subsection 283AA(1) 25 penalty units or imprisonment for 6

months, or both.

92 Subsection 283AA(3) 25 penalty units or imprisonment for 6

months, or both.

93 Section 283AB 25 penalty units or imprisonment for 6

months, or both.

94 Subsection 283AC(1) 25 penalty units or imprisonment for 6

months, or both.

95 Subsection 283AC(2) 25 penalty units or imprisonment for 6

months, or both.

96 Subsection 283BH(1) 200 penalty units or imprisonment for 5 years,

or both.

97 Section 283BI 25 penalty units or imprisonment for 6

months, or both.

98 Section 283CE 25 penalty units or imprisonment for 6

months, or both.

99 Subsections 286(1) and

(2)

25 penalty units or imprisonment for 6

months, or both.

100 Section 287 25 penalty units or imprisonment for 6

months, or both.

101 Section 288 25 penalty units or imprisonment for 6

months, or both.

102 Subsection 289(2) 25 penalty units or imprisonment for 6

months, or both.

103 Section 294 10 penalty units or imprisonment for 3

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Penalties

Item Provision Penalty

months, or both.

103AA Section 294B 10 penalty units or imprisonment for 3

months, or both.

103A Subsections 307C(1) and

(2)

10 penalty units.

103B Subsections 307A(1) and

(2)

50 penalty units.

103C Subsection 307B(1) 50 penalty units.

103D Subsection 307B(3) 50 penalty units.

104 Subsections 308(1), (2),

(3), (3AA), (3AB), (3A),

(3C) and (4)

50 penalty units.

104A Subsections 309(1), (2),

(3), (4), (5), (5A) and (6)

50 penalty units.

105 Subsection 311(1), (2) or

(3)

50 penalty units or imprisonment for 1 year, or

both.

106 Subsection 312(1) 25 penalty units or imprisonment for 6

months, or both.

107 Section 313 10 penalty units or imprisonment for 3

months, or both.

108 Subsection 314(1) or

(1AB)

10 penalty units or imprisonment for 3

months, or both.

109 Section 316 10 penalty units or imprisonment for 3

months, or both.

109A Subsections 316A(3) and

(4)

10 penalty units or imprisonment for 3

months, or both.

110 Subsection 317(1) 10 penalty units or imprisonment for 3

months, or both.

111 Subsections 318(1), (3)

and (4)

25 penalty units or imprisonment for 6

months, or both.

112 Subsection 319(1) 60 penalty units or imprisonment for 1 year, or

both.

112A Section 320 60 penalty units or imprisonment for 1 year, or

both.

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Penalties

Item Provision Penalty

112B Section 321 10 penalty units or imprisonment for 3

months, or both

113 Section 322 10 penalty units or imprisonment for 3

months, or both.

114 Subsection 323(1) 25 penalty units or imprisonment for 6

months, or both.

115 Subsection 323B(1) 25 penalty units or imprisonment for 6

months, or both.

116 Subsection 323D(3) 10 penalty units or imprisonment for 3

months, or both.

116BA Section 324BA 25 penalty units or imprisonment for 6

months, or both.

116BB Subsection 324BB(1) 25 penalty units or imprisonment for 6

months, or both.

116BC Subsection 324BB(2) 10 penalty units.

116BD Subsections 324BC(1)

and (2)

25 penalty units or imprisonment for 6

months, or both.

116BE Subsection 324BC(3) 10 penalty units.

116CA Subsection 324CA(1) 25 penalty units or imprisonment for 6

months, or both.

116CB Subsections 324CA(1A)

and (2)

10 penalty units.

116CC Subsection 324CB(1) 25 penalty units or imprisonment for 6

months, or both.

116CD Subsections 324CB(1A),

(2) and (4)

10 penalty units.

116CE Subsection 324CC(1) 25 penalty units or imprisonment for 6

months, or both.

116CF Subsections 324CC(1A),

(2) and (4)

10 penalty units.

116DA Subsection 324CE(1) 25 penalty units or imprisonment for 6

months, or both.

116DB Subsections 324CE(1A)

and (2)

10 penalty units.

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Penalties

Item Provision Penalty

116EA Subsection 324CF(1) 25 penalty units or imprisonment for 6

months, or both.

116EB Subsections 324CF(1A)

and (2)

10 penalty units.

116FA Subsection 324CG(1) 25 penalty units or imprisonment for 6

months, or both.

116FB Subsections 324CG(1A)

and (2)

10 penalty units.

116FC Subsection 324CG(5) 25 penalty units or imprisonment for 6

months, or both.

116FD Subsections 324CG(5A)

and (6)

10 penalty units.

116GA Section 324CI 25 penalty units or imprisonment for 6

months, or both.

116GB Section 324CJ 25 penalty units or imprisonment for 6

months, or both.

116GC Section 324CK 25 penalty units or imprisonment for 6

months, or both.

116H Subsections 324CM(1),

(2) and (3)

25 penalty units or imprisonment for 6

months, or both.

116I Section 324DB 25 penalty units or imprisonment for 6

months, or both.

116JA Subsection 324DC(1) 25 penalty units or imprisonment for 6

months, or both.

116JB Subsection 324DC(2) 10 penalty units.

116KA Subsections 324DD(1)

and (2)

25 penalty units or imprisonment for 6

months, or both.

116KB Subsection 324DD(3) 10 penalty units.

116LA Subsection 327A(3) 25 penalty units or imprisonment for 6

months, or both.

116LB Subsections 327B(1) and

(3)

25 penalty units or imprisonment for 6

months, or both.

116LC Subsection 327C(3) 25 penalty units or imprisonment for 6

months, or both.

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Penalties

Item Provision Penalty

116MA Subsection 328A(4) 25 penalty units or imprisonment for 6

months, or both.

116MB Subsection 328B(2) 25 penalty units or imprisonment for 6

months, or both.

116NA Subsections 331AAA(1)

and (3)

25 penalty units or imprisonment for 6

months, or both.

116NB Subsections 331AAB(1)

and (2)

25 penalty units or imprisonment for 6

months, or both.

116NC Subsection 332A(2) 10 penalty units.

116ND Subsection 332A(3) 10 penalty units.

116O Subsection 342B(1) 5 penalty units.

117 Subsection 344(2) 2,000 penalty units, or imprisonment for 5

years, or both.

118 Subsections 346C(1) and

(2)

60 penalty units.

119 Section 347A 10 penalty units.

119A Section 347B 10 penalty units.

119B Subsection 348D(1) 60 penalty units.

119C Subsection 349A(1) 60 penalty units.

120 Section 428 10 penalty units or imprisonment for 3

months, or both.

120A Paragraph 429(2)(b) 50 penalty units.

122 Subsection 437D(5) 25 penalty units or imprisonment for 6

months, or both.

123 Subsection 438B(4) (a) if the offence relates to a provision other

than subsection 438B(2A)—50 penalty

units or imprisonment for 1 year, or both;

or

(b) if the offence relates to

subsection 438B(2A)—5 penalty units.

124 Subsection 438C(5) 50 penalty units or imprisonment for 1 year, or

both.

124A Subsection 446C(4) 25 penalty units or imprisonment for 6

months, or both.

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Penalties

Item Provision Penalty

125 Subsection 448B(1) 25 penalty units or imprisonment for 6

months, or both.

126 Section 448C 25 penalty units or imprisonment for 6

months, or both.

128 Section 450E 10 penalty units.

130 Subsection 475(9) (a) if the offence relates to a provision other

than subsection 475(4)—25 penalty units

or imprisonment for 6 months, or both; or

(b) if the offence relates to

subsection 475(4)—50 penalty units.

131 Subsection 486A(8) 100 penalty units or imprisonment for 2 years,

or both.

132 Section 494 50 penalty units or imprisonment for 1 year, or

both.

133 Subsection 497(1) 10 penalty units or imprisonment for 3

months, or both.

133A Subsection 497(4) 50 penalty units.

133B Subsection 497(7) 5 penalty units.

134 Subsection 530A(6) 50 penalty units or imprisonment for 1 year, or

both.

135 Subsections 530B(3) and

(6)

50 penalty units or imprisonment for 1 year, or

both.

136 Section 532 10 penalty units or imprisonment for 3

months, or both.

137 Subsection 541(1) 10 penalty units or imprisonment for 3

months, or both.

138 Subsection 588G(3) 2,000 penalty units, or imprisonment for 5

years, or both.

139 Subsection 590(1) 100 penalty units or imprisonment for 2 years,

or both.

140 Subsection 590(5) 50 penalty units or imprisonment for 1 year, or

both.

141 Subsection 592(1) 50 penalty units or imprisonment for 1 year, or

both.

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Penalties

Item Provision Penalty

142 Subsection 592(6) 100 penalty units or imprisonment for 2 years,

or both.

143 Subsection 595(1) 50 penalty units or imprisonment for 3

months, or both.

144 Subsection 596(1) 100 penalty units or imprisonment for 2 years,

or both.

145 Subsection 596AB(1) 1,000 penalty units or imprisonment for 10

years, or both.

146 Subsection 596F(3) 100 penalty units or imprisonment for 2 years,

or both.

147 Section 597 100 penalty units or imprisonment for 2 years,

or both.

148 Subsections 597(6), (7),

(10A) and (13)

100 penalty units or imprisonment for 2 years,

or both.

149 Subsection 597A(3) 100 penalty units or imprisonment for 2 years,

or both.

150 Subsection 601AD(5) 5 penalty units.

151 Subsection 601BC(5) 10 penalty units or imprisonment for 3

months, or both.

152 Subsections 601BH(1)

and (2)

5 penalty units.

153 Subsection 601BJ(3) 5 penalty units.

154 Subsection 601BK(1) 5 penalty units.

155 Subsection 601BP(1) 5 penalty units.

156 Subsection 601BR(1) 5 penalty units.

157 Section 601CW 10 penalty units or imprisonment for 3

months, or both.

158 Subsection 601CZB(1) 10 penalty units or imprisonment for 3

months, or both.

159 Section 601CZC 10 penalty units or imprisonment for 3

months, or both.

160 Subsection 601DD(1) 5 penalty units.

161 Subsection 601DE(1) 10 penalty units or imprisonment for 3

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Item Provision Penalty

months, or both.

162 Subsection 601DH(1) 5 penalty units.

163 Subsection 601ED(5) 200 penalty units or imprisonment for 5 years,

or both.

163B Subsection 601FD(4) 2,000 penalty units or imprisonment for 5

years, or both.

163C Subsection 601FE(4) 2,000 penalty units or imprisonment for 5

years, or both.

164 Subsection 601FF(3) 200 penalty units or imprisonment for 5 years,

or both.

164A Subsection 601FG(3) 2,000 penalty units or imprisonment for 5

years, or both.

164B Subsection 601JD(4) 2,000 penalty units or imprisonment for 5

years, or both.

165 Subsection 601FL(4) 100 penalty units or imprisonment for 2 years,

or both.

166 Subsection 601FM(3) 100 penalty units or imprisonment for 2 years,

or both.

167 Subsection 601FQ(6) 100 penalty units or imprisonment for 2 years,

or both.

168 Subsection 601HD(1) 25 penalty units or imprisonment for 6

months, or both.

168A Subsection 601HG(4),

(4A) or (4B)

50 penalty units or imprisonment for 1 year, or

both.

169 Subsection 601HG(6) 25 penalty units or imprisonment for 6

months, or both.

170 Subsection 601JA(3) 100 penalty units or imprisonment for 2 years,

or both.

171 Subsection 601JA(4) 25 penalty units or imprisonment for 6

months, or both.

172 Subsection 601JB(5) 25 penalty units or imprisonment for 6

months, or both.

173 Subsection 601KA(3) 25 penalty units or imprisonment for 6

months, or both.

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Item Provision Penalty

173A Subsection 601SBB(1) 50 penalty units.

173B Subsection 601SBC(2) 50 penalty units.

173C Subsection 601SCB(1) 50 penalty units.

173D Subsection 601SCB(2) 50 penalty units.

173E Subsection 601SCB(3) 60 penalty units or imprisonment for 12

months, or both.

173EA Subsection 601SCD(1) 2,000 penalty units or imprisonment for 5

years, or both.

173F Section 601TAA 60 penalty units or imprisonment for 12

months, or both.

173G Subsection 601TAB(1) 60 penalty units or imprisonment for 12

months, or both.

173H Subsection 601TBA(2) 60 penalty units or imprisonment for 12

months, or both.

173J Subsection 601UAA(1) 300 penalty units or imprisonment for 5 years,

or both.

173K Subsection 601UAB(1) 300 penalty units or imprisonment for 5 years,

or both.

173L Section 601VAB 120 penalty units or imprisonment for 2 years,

or both.

173M Subsection 601VBD(8) 60 penalty units or imprisonment for 12

months, or both.

173N Subsection 601VCC(2) 120 penalty units or imprisonment for 2 years,

or both.

173P Subsection 601WBE(5) 50 penalty units.

173Q Section 601WCF 60 penalty units, or imprisonment for 12

months, or both.

173R Section 601WCG 60 penalty units, or imprisonment for 12

months, or both.

173S subsection 601WDA(1) 120 penalty units or imprisonment for 2 years,

or both.

173T subsection 601WDA(2) 120 penalty units or imprisonment for 2 years,

or both.

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Item Provision Penalty

173U Subsection 601WDA(3) 120 penalty units or imprisonment for 2 years,

or both.

173V Section 601XAB 50 penalty units or imprisonment for 12

months, or both.

174 Subsection 606(1) 25 penalty units or imprisonment for 6

months, or both.

175 Subsection 606(2) 25 penalty units or imprisonment for 6

months, or both.

176 Subsection 606(4) 25 penalty units or imprisonment for 6

months, or both.

177 Paragraphs 614(1)(a),

(b), (c) and (d)

100 penalty units or imprisonment for 2 years,

or both.

178 Subsection 622(1) 25 penalty units or imprisonment for 6

months, or both.

179 Subsection 623(1) 25 penalty units or imprisonment for 6

months, or both.

180 Subsection 624(2) 25 penalty units or imprisonment for 6

months, or both.

181 Subsections 630(2), (3)

and (4)

25 penalty units or imprisonment for 6

months, or both.

182 Subsection 631(1) 100 penalty units or imprisonment for 2 years,

or both.

183 Subsection 631(2) 200 penalty units or imprisonment for 5 years,

or both.

184 Subsection 633(1)

(items 4, 5, 7, 8, 9, 11,

12, 13, 14)

25 penalty units or imprisonment for 6

months, or both.

185 Subsection 635(1)

(items 5, 7, 8, 10, 11, 12,

13, 14)

25 penalty units or imprisonment for 6

months, or both.

186 Subsection 636(3) 25 penalty units or imprisonment for 6

months, or both.

187 Subsection 636(4) 10 penalty units.

188 Subsection 637(1) 25 penalty units or imprisonment for 6

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Item Provision Penalty

months, or both.

189 Subsection 638(1) 25 penalty units or imprisonment for 6

months, or both.

190 Subsection 638(3) 25 penalty units or imprisonment for 6

months, or both.

191 Subsection 638(5) 25 penalty units or imprisonment for 6

months, or both.

192 Subsection 638(6) 10 penalty units.

193 Subsection 639(1) 25 penalty units or imprisonment for 6

months, or both.

194 Subsection 640(1) 25 penalty units or imprisonment for 6

months, or both.

195 Subsection 641(1) 25 penalty units or imprisonment for 6

months, or both.

196 Section 643 25 penalty units or imprisonment for 6

months, or both.

197 Section 644 25 penalty units or imprisonment for 6

months, or both.

198 Subsections 647(1), (2)

and (3)

25 penalty units or imprisonment for 6

months, or both.

199 Subsection 648A(1) 25 penalty units or imprisonment for 6

months, or both.

200 Subsections 648E(1) and

(2)

25 penalty units or imprisonment for 6

months, or both.

201 Section 648G 50 penalty units or imprisonment for 1 year, or

both.

202 Subsection 649C(2) 25 penalty units or imprisonment for 6

months, or both.

203 Subsection 650B(3) 25 penalty units or imprisonment for 6

months, or both.

204 Subsections 650E(5) and

(6)

25 penalty units or imprisonment for 6

months, or both.

205 Subsection 650F(3) 25 penalty units or imprisonment for 6

months, or both.

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Item Provision Penalty

206 Subsection 651A(4) 25 penalty units or imprisonment for 6

months, or both.

207 Section 651C 25 penalty units or imprisonment for 6

months, or both.

208 Subsection 652C(3) 25 penalty units or imprisonment for 6

months, or both.

209 Subsection 654A(1) 25 penalty units or imprisonment for 6

months, or both.

210 Subsection 654C(1) 25 penalty units or imprisonment for 6

months, or both.

211 Subsection 654C(3) 25 penalty units or imprisonment for 6

months, or both.

212 Subsection 657F(1) 25 penalty units or imprisonment for 6

months, or both.

213 Subsection 661D(1) 25 penalty units or imprisonment for 6

months, or both.

214 Subsection 662A(1) 25 penalty units or imprisonment for 6

months, or both.

215 Subsection 663A(1) 25 penalty units or imprisonment for 6

months, or both.

216 Subsections 664D(1), (2)

and (3)

25 penalty units or imprisonment for 6

months, or both.

217 Subsections 664E(2), (3)

and (4)

25 penalty units or imprisonment for 6

months, or both.

218 Subsection 665A(2) 25 penalty units or imprisonment for 6

months, or both.

221 Subsection 666A(1) 25 penalty units or imprisonment for 6

months, or both.

222 Subsections 666B(2) and

(3)

25 penalty units or imprisonment for 6

months, or both.

223 Subsection 667A(3) 25 penalty units or imprisonment for 6

months, or both.

224 Subsections 668A(1), (3)

and (4)

25 penalty units or imprisonment for 6

months, or both.

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Item Provision Penalty

225 Subsection 668B(1) 25 penalty units or imprisonment for 6

months, or both.

226 Subsection 670A(3) 50 penalty units or imprisonment for 1 year, or

both.

227 Subsections 670C(1), (2)

and (3)

25 penalty units or imprisonment for 6

months, or both.

228 Subsection 671B(1) 25 penalty units or imprisonment for 6

months, or both.

229 Subsection 672B(1) 25 penalty units or imprisonment for 6

months, or both.

229AA Subsections 672DA(1),

(2), (3), (4), (6), (7), (8)

and (9)

10 penalty units.

229A Subsection 674(2) 200 penalty units or imprisonment for 5 years,

or both.

229B Subsection 674(5) 100 penalty units or imprisonment for 2 years,

or both.

229C Subsection 675(2) 200 penalty units or imprisonment for 5 years,

or both.

229CA Subsection 708AA(10) 25 penalty units or imprisonment for 6

months, or both.

229D Subsection 708A(9) 25 penalty units or imprisonment for 6

months, or both.

230 Subsection 721(5) 200 penalty units or imprisonment for 5 years,

or both.

232 Subsection 722(1) 25 penalty units or imprisonment for 6

months, or both.

233 Subsection 724(1) 25 penalty units or imprisonment for 6

months, or both.

234 Subsection 725(1) 25 penalty units or imprisonment for 6

months, or both.

235 Section 726 200 penalty units or imprisonment for 5 years,

or both.

236 Subsection 727(1) 200 penalty units or imprisonment for 5 years,

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Item Provision Penalty

or both.

237 Subsection 727(2) 200 penalty units or imprisonment for 5 years,

or both.

238 Subsection 727(3) 200 penalty units or imprisonment for 5 years,

or both.

239 Subsection 727(4) 200 penalty units or imprisonment for 5 years,

or both.

240 Subsection 728(3) 200 penalty units or imprisonment for 5 years,

or both.

241 Subsection 730(1) 50 penalty units or imprisonment for 1 year, or

both.

242 Subsection 734(1) 25 penalty units or imprisonment for 6

months, or both.

243 Subsection 734(2) 25 penalty units or imprisonment for 6

months, or both.

244 Subsection 735(1) 10 penalty units or imprisonment for 3

months, or both.

245 Subsection 736(1) 25 penalty units or imprisonment for 6

months, or both.

246A Subsection 791A(1) 500 penalty units or imprisonment for 5 years,

or both.

246B Subsection 791B(1) 500 penalty units or imprisonment for 5 years,

or both.

246C Subsection 792B(1) 100 penalty units or imprisonment for 2 years,

or both.

247A Subsection 792B(2) 100 penalty units or imprisonment for 2 years,

or both.

247B Subsection 792B(3) 100 penalty units or imprisonment for 2 years,

or both.

247C Subsection 792B(4) 100 penalty units or imprisonment for 2 years,

or both.

248A Subsection 792B(5) 100 penalty units or imprisonment for 2 years,

or both.

248B Subsection 792C(1) 100 penalty units or imprisonment for 2 years,

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Item Provision Penalty

or both.

248C Subsection 792D(1) 25 penalty units or imprisonment for 6

months, or both.

249A Section 792E 100 penalty units or imprisonment for 2 years,

or both.

249B Subsection 792F(1) 100 penalty units or imprisonment for 2 years,

or both.

249C Subsection 792F(2) 50 penalty units.

250A Subsection 792F(3) 100 penalty units or imprisonment for 2 years,

or both.

250B Subsection 792G(1) 100 penalty units or imprisonment for 2 years,

or both.

250C Subsection 792G(2) 100 penalty units or imprisonment for 2 years,

or both.

250D Section 792I 50 penalty units.

251A Subsection 793D(3) 100 penalty units or imprisonment for 2 years,

or both.

251B Subsection 794B(3) 100 penalty units or imprisonment for 2 years,

or both.

251C Subsection 794D(3) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

252A Subsection 794E(2) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

252B Subsection 798C(3) 100 penalty units or imprisonment for 2 years,

or both.

252C Subsection 798C(6) 100 penalty units or imprisonment for 2 years,

or both.

253A Subsection 798D(4) 100 penalty units or imprisonment for 2 years,

or both.

253AA Subsection 798DA(4) 100 penalty units or imprisonment for 2 years,

or both.

253B Subsection 820A(1) 500 penalty units or imprisonment for 5 years,

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Penalties

Item Provision Penalty

or both.

253C Subsection 820B(1) 500 penalty units or imprisonment for 5 years,

or both.

254A Subsection 821B(1) 100 penalty units or imprisonment for 2 years,

or both.

254B Subsection 821B(2) 100 penalty units or imprisonment for 2 years,

or both.

254C Subsection 821B(3) 100 penalty units or imprisonment for 2 years,

or both.

255A Subsection 821B(4) 100 penalty units or imprisonment for 2 years,

or both.

255AA Subsection 821BA(1) 100 penalty units or imprisonment for 2 years,

or both.

255B Subsection 821C(1) 25 penalty units or imprisonment for 6

months, or both.

255BA Subsection 821C(3) 25 penalty units or imprisonment for 6

months, or both.

255C Section 821D 25 penalty units or imprisonment for 6

months, or both.

256A Subsection 821E(1) 100 penalty units or imprisonment for 2 years,

or both.

256B Subsection 821E(2) 50 penalty units.

256C Subsection 821E(3) 100 penalty units or imprisonment for 2 years,

or both.

257A Subsection 822D(3) 100 penalty units or imprisonment for 2 years,

or both.

257B Subsection 823B(3) 100 penalty units or imprisonment for 2 years,

or both.

257C Subsection 823D(5) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

257D Subsection 823E(3) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

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Penalties

Item Provision Penalty

258A Section 850C 400 penalty units or imprisonment for 4 years,

or both.

258B Subsection 851D(8) 100 penalty units or imprisonment for 2 years,

or both.

258C Subsection 852B(2) 400 penalty units or imprisonment for 4 years,

or both.

259A Subsection 853F(1) 500 penalty units or imprisonment for 5 years,

or both.

259B Subsection 853F(2) 500 penalty units or imprisonment for 5 years,

or both.

259C Subsection 854A(5) 100 penalty units or imprisonment for 2 years,

or both.

260A Subsection 892B(1) 200 penalty units or imprisonment for 5 years,

or both.

260B Subsection 892B(4) 200 penalty units or imprisonment for 5 years,

or both.

260C Subsection 892H(1) 200 penalty units or imprisonment for 5 years,

or both.

261A Subsection 892H(2) 200 penalty units or imprisonment for 5 years,

or both.

261B Subsection 892H(3) 200 penalty units or imprisonment for 5 years,

or both.

261C Subsection 892H(6) 50 penalty units or imprisonment for 1 year, or

both.

262A Subsection 892H(7) 50 penalty units or imprisonment for 1 year, or

both.

262B Subsection 892K(2) 100 penalty units or imprisonment for 2 years,

or both.

262BA subsection 904B(1) or

(5)

1,000 penalty units.

262BB subsection 904C(1) or

(3)

100 penalty units.

262BC subsection 904D(2) 100 penalty units.

262BD section 904E 100 penalty units.

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262BE subsection 904G(5) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

262BF subsection 904H(3) 100 penalty units.

262BG subsection 904K(4) 100 penalty units for each day, or part of a

day, in respect of which the offence is

committed.

262BH subsection 905A(2) 500 penalty units.

262BI section 907A 500 penalty units.

262C Subsection 911A(1) 200 penalty units or imprisonment for 2 years,

or both.

263A Subsection 911B(1) 200 penalty units or imprisonment for 2 years,

or both.

263B Section 911C 50 penalty units or imprisonment for 1 year, or

both.

263C Subsection 912C(3) 25 penalty units or imprisonment for 6

months, or both.

264A Subsection 912D(1B) 50 penalty units or imprisonment for 1 year, or

both.

264B Subsection 912D(2) 50 penalty units or imprisonment for 1 year, or

both.

264C Subsection 912E(1) 25 penalty units or imprisonment for 6

months, or both.

265A Subsection 912F(1) 10 penalty units.

265AA Subsection 916A(3A) 100 penalty units or imprisonment for 2 years,

or both.

265AB Subsection 916B(2A) 100 penalty units or imprisonment for 2 years,

or both.

265AC Subsection 916B(5A) 50 penalty units or imprisonment for 1 year, or

both.

265AD Subsection 916C(3) 100 penalty units or imprisonment for 2 years,

or both.

265AE Subsection 916D(2A) 100 penalty units or imprisonment for 2 years,

or both.

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Item Provision Penalty

265B Subsection 916F(1) 25 penalty units or imprisonment for 6

months, or both.

265BA Subsection 916F(1A) 25 penalty units or imprisonment for 6

months, or both.

265C Subsection 916F(3) 25 penalty units or imprisonment for 6

months, or both.

266A Subsection 916G(2) 50 penalty units or imprisonment for 1 year, or

both.

266B Subsection 916G(3) 50 penalty units or imprisonment for 1 year, or

both.

266C Subsection 919B(4) 25 penalty units or imprisonment for 6

months, or both.

267A Subsection 919C(1) 50 penalty units or imprisonment for 1 year, or

both.

267B Subsection 919C(2) 50 penalty units or imprisonment for 1 year, or

both.

267C Subsection 919C(3) 50 penalty units or imprisonment for 1 year, or

both.

268A Section 919D 25 penalty units or imprisonment for 6

months, or both.

268B Subsection 920C(2) 25 penalty units or imprisonment for 6

months, or both.

268C Subsection 923A(1) 10 penalty units for each day, or part of a day,

in respect of which the offence is committed.

269A Subsection 923B(1) 10 penalty units for each day, or part of a day,

in respect of which the offence is committed.

269AAA Subsection 923C(1) 10 penalty units for each day, or part of a day,

in respect of which the offence is committed.

269AAB Subsection 923C(2) 10 penalty units for each day, or part of a day,

in respect of which the offence is committed.

269AA Subsection 942B(8) 50 penalty units or imprisonment for 1 year, or

both.

269AB Subsection 942C(8) 50 penalty units or imprisonment for 1 year, or

both.

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Penalties

Item Provision Penalty

269B Section 942E 100 penalty units or imprisonment for 2 years,

or both.

269C Section 943F 100 penalty units or imprisonment for 2 years,

or both.

270CA Subsection 946AA(4) 50 penalty units.

270CB Subsection 946B(3A)

or (9)

50 penalty units.

271B Subsection 949A(2) 100 penalty units or imprisonment for 2 years,

or both.

271C Subsection 949A(5) 200 penalty units or imprisonment for 5 years,

or both.

272A Subsection 949B(2) 50 penalty units or imprisonment for 1 year, or

both.

272B Subsection 949B(4) 50 penalty units or imprisonment for 1 year, or

both.

273B Subsection 952C(1) 50 penalty units.

273C Subsection 952C(3) 100 penalty units or imprisonment for 2 years,

or both.

274A Subsection 952D(1) 200 penalty units or imprisonment for 5 years,

or both.

274B Subsection 952D(2) 200 penalty units or imprisonment for 5 years,

or both.

274C Subsection 952E(1) 100 penalty units or imprisonment for 2 years,

or both.

275A Subsection 952E(3) 100 penalty units or imprisonment for 2 years,

or both.

275B Subsection 952F(2) 200 penalty units or imprisonment for 5 years,

or both.

275C Subsection 952F(3) 200 penalty units or imprisonment for 5 years,

or both.

276A Subsection 952F(4) 200 penalty units or imprisonment for 5 years,

or both.

276B Subsection 952G(2) 100 penalty units or imprisonment for 2 years,

or both.

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Penalties

Item Provision Penalty

276C Subsection 952G(4) 100 penalty units or imprisonment for 2 years,

or both.

277A Subsection 952G(6) 100 penalty units or imprisonment for 2 years,

or both.

277B Section 952H 200 penalty units or imprisonment for 5 years,

or both.

277C Subsection 952I(1) 10 penalty units.

278A Subsection 952I(2) 10 penalty units.

278B Subsection 952I(3) 10 penalty units.

278C Subsection 952I(4) 10 penalty units.

279A Subsection 952J(1) 10 penalty units.

279B Section 952K 200 penalty units or imprisonment for 5 years,

or both.

279C Subsection 952L(1) 200 penalty units or imprisonment for 5 years,

or both.

280A Subsection 952L(2) 100 penalty units or imprisonment for 2 years,

or both.

280B Subsection 952L(3) 200 penalty units or imprisonment for 5 years,

or both.

280C Section 952M 200 penalty units or imprisonment for 5 years,

or both.

281A Subsection 982C(1) 100 penalty units or imprisonment for 2 years,

or both.

281B Subsection 982C(2) 100 penalty units or imprisonment for 2 years,

or both.

281C Section 982D 25 penalty units or imprisonment for 6

months, or both.

282A Section 983C 25 penalty units or imprisonment for 6

months, or both.

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Item Provision Penalty

282B Subsection 984B(1) (a) if the offence relates only to a

contravention of requirements referred to

in paragraph 984B(1)(a)—50 penalty

units;

(b) otherwise—100 penalty units or

imprisonment for 2 years, or both.

282BA Subsection 985D(1) 50 penalty units.

282BB Subsection 985J(1) 50 penalty units.

282BC Subsection 985J(2) 50 penalty units.

282BD Subsection 985J(4) 50 penalty units.

282BE Subsection 985K(1) 100 penalty units, or imprisonment for 2

years, or both.

282C Subsection 988A(1) 200 penalty units or imprisonment for 5 years,

or both.

283A Subsection 989B(1) 200 penalty units or imprisonment for 5 years,

or both.

283B Subsection 989B(2) 200 penalty units or imprisonment for 5 years,

or both.

283C Subsection 989B(3) 200 penalty units or imprisonment for 5 years,

or both.

283CA Subsections 989CA(1)

and (2)

50 penalty units.

284A Subsection 990B(1) 200 penalty units or imprisonment for 5 years,

or both.

284B Subsection 990B(2) 200 penalty units or imprisonment for 5 years,

or both.

284C Subsection 990B(6) 25 penalty units or imprisonment for 6

months, or both.

285A Subsection 990D(1) 100 penalty units or imprisonment for 2 years,

or both.

285B Subsection 990D(2) 100 penalty units or imprisonment for 2 years,

or both.

285C Paragraph 990F(a) 100 penalty units or imprisonment for 2 years,

or both.

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Penalties

Item Provision Penalty

286A Subsection 990I(3) 100 penalty units or imprisonment for 2 years,

or both.

286B Subsection 990K(1) 50 penalty units or imprisonment for 1 year, or

both.

286C Subsection 991B(2) 25 penalty units or imprisonment for 6

months, or both.

287A Subsection 991E(1) 25 penalty units or imprisonment for 6

months, or both.

287B Subsection 991E(3) 25 penalty units or imprisonment for 6

months, or both.

287C Subsection 991F(1) 25 penalty units or imprisonment for 6

months, or both.

288A Subsection 991F(2) 25 penalty units or imprisonment for 6

months, or both.

288B Subsection 991F(3) 25 penalty units or imprisonment for 6

months, or both.

288C Subsection 992A(1) 25 penalty units or imprisonment for 6

months, or both.

288CA Subsection 992A(3) 25 penalty units or imprisonment for 6

months, or both.

288CB Subsection 992AA(1) 25 penalty units or imprisonment for 6

months, or both.

289A Subsection 993B(1) 50 penalty units.

289B Subsection 993B(3) 200 penalty units or imprisonment for 5 years,

or both.

289C Subsection 993C(1) 50 penalty units.

290A Subsection 993C(3) 100 penalty units or imprisonment for 2 years,

or both.

290B Subsection 993D(1) 50 penalty units.

290C Subsection 993D(3) 200 penalty units or imprisonment for 5 years,

or both.

290CA Subsection 1012DAA(

10)

25 penalty units or imprisonment for 6

months, or both.

290D Subsection 1012DA(9) 25 penalty units or imprisonment for 6

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Item Provision Penalty

months, or both.

291A Subsection 1012H(2) 100 penalty units or imprisonment for 2 years,

or both.

291B Subsection 1013I(4) 100 penalty units or imprisonment for 2 years,

or both.

291C Subsection 1013K(1) 100 penalty units or imprisonment for 2 years,

or both.

292A Subsection 1013K(2) 100 penalty units or imprisonment for 2 years,

or both.

292B Subsection 1015B(1) 100 penalty units or imprisonment for 2 years,

or both.

292C Subsection 1015D(2) 100 penalty units or imprisonment for 2 years,

or both.

293A Subsection 1015D(3) 100 penalty units or imprisonment for 2 years,

or both.

293B Subsection 1015D(4) 100 penalty units or imprisonment for 2 years,

or both.

293C Subsection 1015E(1) 100 penalty units or imprisonment for 2 years,

or both.

294A Subsection 1016A(2) 200 penalty units or imprisonment for 5 years,

or both.

294B Subsection 1016A(3) 200 penalty units or imprisonment for 5 years,

or both.

294C Subsection 1016B(1) 100 penalty units or imprisonment for 2 years,

or both.

295A Section 1016C 100 penalty units or imprisonment for 2 years,

or both.

295B Subsection 1016D(1) 100 penalty units or imprisonment for 2 years,

or both.

295C Paragraph 1016D(2)(d) 100 penalty units or imprisonment for 2 years,

or both.

296A Subsection 1016E(2) 100 penalty units or imprisonment for 2 years,

or both.

296B Subsection 1017B(1) 200 penalty units or imprisonment for 5 years,

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Item Provision Penalty

or both.

296C Subsection 1017C(2) 100 penalty units or imprisonment for 2 years,

or both.

296D Subsection 1017C(2A) 100 penalty units or imprisonment for 2 years,

or both.

297A Subsection 1017C(3) 100 penalty units or imprisonment for 2 years,

or both.

297AA Subsection 1017C(3A) 100 penalty units or imprisonment for 2 years,

or both.

297B Subsection 1017C(5) 100 penalty units or imprisonment for 2 years,

or both.

297C Subsection 1017D(1) 100 penalty units or imprisonment for 2 years,

or both.

297CA Subsection 1017DA(3) 50 penalty units.

298A Subsection 1017E(3) 100 penalty units or imprisonment for 2 years,

or both.

298B Subsection 1017E(4) 100 penalty units or imprisonment for 2 years,

or both.

298C Subsection 1017F(2) 100 penalty units or imprisonment for 2 years,

or both.

299A Subsection 1017G(1) 100 penalty units or imprisonment for 2 years,

or both.

299B Subsection 1018A(1) 100 penalty units or imprisonment for 2 years,

or both.

299C Subsection 1018A(2) 100 penalty units or imprisonment for 2 years,

or both.

300A Subsection 1018B(1) 100 penalty units or imprisonment for 2 years,

or both.

300AA Subsection 1020AB(3) 25 penalty units or imprisonment for 6

months, or both.

300AB Subsection 1020AC(2) 25 penalty units or imprisonment for 6

months, or both.

300AC Subsection 1020AD(2) 25 penalty units or imprisonment for 6

months, or both.

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Item Provision Penalty

300AD Section 1020AE 25 penalty units or imprisonment for 6

months, or both.

300AE Subsection 1020AI(3) 50 penalty units.

300AF Subsection 1020AI(5) 100 penalty units or imprisonment for 2 years,

or both.

300AG Subsection 1020AI(7) 200 penalty units or imprisonment for 5 years,

or both.

300AH Section 1020AJ 100 penalty units or imprisonment for 2 years,

or both.

300B Subsection 1020A(1) 200 penalty units or imprisonment for 5 years,

or both.

300C Subsection 1020B(2) (a) for a first offence—25 penalty units or

imprisonment for 6 months, or both;

(b) for a further offence—100 penalty units or

imprisonment for 2 years, or both.

302A Subsection 1020E(8) 100 penalty units or imprisonment for 2 years,

or both.

302B Subsection 1020E(9) 100 penalty units or imprisonment for 2 years,

or both.

302C Subsection 1021C(1) 50 penalty units.

303A Subsection 1021C(3) 100 penalty units or imprisonment for 2 years,

or both.

303B Subsection 1021D(1) 200 penalty units or imprisonment for 5 years,

or both.

303C Subsection 1021D(2) 200 penalty units or imprisonment for 5 years,

or both.

304A Subsection 1021E(1) 100 penalty units or imprisonment for 2 years,

or both.

304B Subsection 1021E(2) 100 penalty units or imprisonment for 2 years,

or both.

304C Subsection 1021F(1) 200 penalty units or imprisonment for 5 years,

or both.

304D Subsection 1021FA(1) 200 penalty units or imprisonment for 5 years,

or both.

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Item Provision Penalty

304E Subsection 1021FA(2) 100 penalty units or imprisonment for 2 years,

or both.

304F Subsection 1021FB(1) 200 penalty units or imprisonment for 5 years,

or both.

304G Subsection 1021FB(2) 200 penalty units or imprisonment for 5 years,

or both.

304H Subsection 1021FB(3) 100 penalty units or imprisonment for 2 years,

or both.

304I Subsection 1021FB(6) 100 penalty units or imprisonment for 2 years,

or both.

305A Section 1021G 200 penalty units or imprisonment for 5 years,

or both.

305B Subsection 1021H(1) 10 penalty units.

305C Subsection 1021I(1) 200 penalty units or imprisonment for 5 years,

or both.

306A Subsection 1021J(1) 200 penalty units or imprisonment for 5 years,

or both.

306B Subsection 1021J(2) 100 penalty units or imprisonment for 2 years,

or both.

306C Subsection 1021J(3) 100 penalty units or imprisonment for 2 years,

or both.

307A Subsection 1021K(1) 200 penalty units or imprisonment for 5 years,

or both.

307B Subsection 1021L(1) 200 penalty units or imprisonment for 5 years,

or both.

307C Subsection 1021L(2) 200 penalty units or imprisonment for 5 years,

or both.

307CA Subsection 1021M(1) 50 penalty units.

307CB Subsection 1021M(3) 100 penalty units or imprisonment for 2 years,

or both.

308A Section 1021N 100 penalty units or imprisonment for 2 years,

or both.

308AA Subsection 1021NA(1) 100 penalty units or imprisonment for 2 years,

or both.

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308AB Subsection 1021NA(2) 200 penalty units or imprisonment for 5 years,

or both.

308AC Subsection 1021NA(3) 100 penalty units or imprisonment for 2 years,

or both.

308AD Subsection 1021NB(1) 100 penalty units or imprisonment for 2 years,

or both.

308AE Subsection 1021NB(2) 200 penalty units or imprisonment for 5 years,

or both.

308AF Subsection 1021NB(3) 100 penalty units or imprisonment for 2 years,

or both.

308AG Subsections 1021NC(1

) and (2)

100 penalty units or imprisonment for 2 years,

or both.

308AH Subsection 1021NC(3) 200 penalty units or imprisonment for 5 years,

or both.

308AI Subsection 1021NC(4) 100 penalty units or imprisonment for 2 years,

or both.

308C Subsection 1021O(1) 50 penalty units or imprisonment for 6

months, or both.

309A Subsection 1021O(3) 200 penalty units or imprisonment for 5 years,

or both.

309AA Subsection 1021P(1) 100 penalty units or imprisonment for 2 years,

or both.

309AB Subsection 1021P(2) 100 penalty units or imprisonment for 2 years,

or both.

309AC Subsection 1021P(3) 50 penalty units.

309AD Subsection 1021P(4) 100 penalty units or imprisonment for 2 years,

or both.

309AE Subsection 1021P(5) 50 penalty units.

309AF Subsection 1021P(6) 50 penalty units.

310 Section 1041A,

subsections 1041B(1),

and 1041C(1),

section 1041D and

subsections 1041E(1),

In the case of an individual, imprisonment for

10 years or a fine the greater of the following:

(a) 4,500 penalty units;

(b) if the court can determine the total value of

the benefits that have been obtained by one

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Penalties

Item Provision Penalty

1041F(1), 1041G(1),

1043A(1) and

1043A(2)

or more persons and are reasonably

attributable to the commission of the

offence—3 times that total value;

or both.

In the case of a body corporate, a fine the

greatest of the following:

(a) 45,000 penalty units;

(b) if the court can determine the total value of

the benefits that have been obtained by one

or more persons and are reasonably

attributable to the commission of the

offence—3 times that total value;

(c) if the court cannot determine the total

value of those benefits—10% of the body

corporate’s annual turnover during the

12-month period ending at the end of the

month in which the body corporate

committed, or began committing, the

offence.

312B Subsection 1070B(1) 10 penalty units.

312C Subsection 1070C(1) 10 penalty units.

313A Subsection 1070D(3) 10 penalty units.

313B Subsection 1071B(2) 10 penalty units.

313C Section 1071E 10 penalty units.

314A Subsection 1072E(11) 10 penalty units.

314B Subsection 1072H(1) 10 penalty units.

314C Subsection 1072H(3) 10 penalty units.

315A Subsection 1072H(4) 10 penalty units.

315B Subsection 1072H(5) 10 penalty units.

315C Subsection 1072H(6) 10 penalty units.

316A Subsection 1101B(10) 100 penalty units or imprisonment for 2 years,

or both.

316B Subsection 1101C(1) 50 penalty units or imprisonment for 12

months, or both.

316C Subsection 1101C(2) 50 penalty units or imprisonment for 12

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Item Provision Penalty

months, or both.

317A Subsection 1101C(3) 50 penalty units or imprisonment for 12

months, or both.

317B Subsection 1101E(1) 50 penalty units or imprisonment for 12

months, or both.

317BA Subsection 1101F(1A) 50 penalty units or imprisonment for 12

months, or both.

317C Subsection 1101F(1) 50 penalty units or imprisonment for 12

months, or both.

318A Section 1101G 50 penalty units or imprisonment for 12

months, or both.

322 Subsection 1200N(7) 100 penalty units or imprisonment for 2 years,

or both.

323 Subsection 1200N(8) 100 penalty units or imprisonment for 2 years,

or both.

324 Subsection 1200Q(1) 200 penalty units or imprisonment for 5 years,

or both.

325 Subsection 1200Q(2) 200 penalty units or imprisonment for 5 years,

or both.

326 Section 1200S 100 penalty units or imprisonment for 2 years,

or both.

327 Subsection 1200U(6) 100 penalty units or imprisonment for 2 years,

or both.

328 Subsection 1200U(7) 100 penalty units or imprisonment for 2 years,

or both.

332 Section 1274 50 penalty units or imprisonment for 1 year, or

both.

332A Subsections 1299F(1),

(3) and (5)

5 penalty units

332B Subsection 1299G(1) 5 penalty units

332C Subsection 1299G(4) 5 penalty units

333 Subsection 1300(2A) 10 penalty units or imprisonment for 3

months, or both.

334 Section 1307 100 penalty units or imprisonment for 2 years,

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Penalties

Item Provision Penalty

or both.

335 Subsection 1308(2) 200 penalty units or imprisonment for 5 year,

or both.

336 Subsection 1309(1) 200 penalty units or imprisonment for 5 year,

or both.

337 Subsection 1309(2) 100 penalty units or imprisonment for 2 year,

or both.

338 Subsection 1317AC(1),

(2) or (3)

25 penalty units or imprisonment for 6

months, or both.

338A Subsection 1317AE(1) 25 penalty units.

339 Section 1323 25 penalty units or imprisonment for 6

months, or both.

340 Subsections 1423(1)

and (2)

5 penalty units.

341 Subsection 1431(6) 5 penalty units.

342 Section 1432 5 penalty units.

343 Subsection 1436(2) 5 penalty units.

344 Subsection 1412(3) 100 penalty units or imprisonment for 2 years,

or both.

345 Subsection 1424(3) 100 penalty units or imprisonment for 2 years,

or both.

346 Subsection 1438(6) 50 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

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Transfer of financial institutions and friendly societies Schedule 4

Preliminary Part 1

Clause 1

Corporations Act 2001 419

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Schedule 4—Transfer of financial institutions

and friendly societies Note: See section 1465A.

Part 1—Preliminary

1 Definitions

In this Schedule, except so far as the contrary intention appears:

AFIC Code of a State or Territory means the Australian Financial

Institutions Commission Code as set out in the Australian

Financial Institutions Commission Act 1992 of Queensland as in

force immediately before the transfer date and as applied as a law

of the State or Territory.

building society of a State or Territory means a transferring

financial institution authorised under the Financial Institutions

Code of the State or Territory to operate as a building society

immediately before the transfer date.

Financial Institutions Code of a State or Territory means the

Financial Institutions Code set out in the Financial Institutions

(Queensland) Act 1992 as in force immediately before the transfer

date and as applied as a law of the State or Territory.

Friendly Societies Code means the Friendly Societies Code set out

in Schedule 1 to the Friendly Societies (Victoria) Act 1996 as in

force immediately before the transfer date.

Friendly Societies Code of a State or Territory means:

(a) the Friendly Societies Code as applied as a law of the State or

Territory; or

(b) if the State is Western Australia—the Friendly Societies

(Western Australia) Code set out in the Friendly Societies

(Western Australia) Act 1999.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 1 Preliminary

Clause 1

420 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

member of a transferring financial institution means a person

who, immediately before the transfer date, is a member of the

institution under:

(a) the previous governing Code; or

(b) the rules of the institution.

membership share means a share in a company that was a

transferring financial institution:

(a) that was taken to have been issued under clause 12 of the

transfer provisions; and

(b) that carries the rights and obligations that were conferred or

imposed on the person in a capacity other than that of

shareholder, by:

(i) the institution’s rules (as in force immediately before

the transfer date); and

(ii) the previous governing Code; and

(c) on which no amount is paid; and

(d) on which no amount is unpaid; and

(e) that is not:

(i) transferable or transmissible; or

(ii) capable of devolution by will or by operation of law;

and

(f) that can be cancelled as set out in subclause 12(3).

previous governing Code for a transferring financial institution

means the Code or law under which the institution is registered

immediately before the transfer date.

State Supervisory Authority (SSA) for a transferring financial

institution means:

(a) the SSA for the institution within the meaning of the previous

governing Code; or

(b) in the case of The Cairns Cooperative Weekly Penny Savings

Bank Limited—the Queensland Office of Financial

Supervision.

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Transfer of financial institutions and friendly societies Schedule 4

Preliminary Part 1

Clause 1

Corporations Act 2001 421

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

transfer date means the date that is the transfer date for the

purposes of the Financial Sector Reform (Amendments and

Transitional Provisions) Act (No. 1) 1999.

transfer provisions of a State or Territory means Schedule 4 to the

Corporations Law of the State or Territory.

transferring financial institution of a State or Territory means:

(a) a building society of the State or Territory (that is, a society

that was registered under the Financial Institutions Code of

the State or Territory, and authorised to operate as a building

society, immediately before the transfer date); or

(b) a credit union of the State or Territory (that is, a society that

was registered under the Financial Institutions Code of the

State or Territory, and authorised to operate as a credit union,

immediately before the transfer date); or

(c) a friendly society of the State or Territory (that is, a body that

was registered as a friendly society under the Friendly

Societies Code of the State or Territory immediately before

the transfer date); or

(d) a body registered as an association under Part 12 of the

Financial Institutions Code of the State or Territory

immediately before the transfer date; or

(e) a body registered as a Special Services Provider under the

AFIC Code of the State or Territory immediately before the

transfer date; or

(f) a body registered as an association under Part 12 of the

Friendly Societies Code of the State or Territory immediately

before the transfer date; or

(g) The Cairns Cooperative Weekly Penny Savings Bank

Limited referred to in section 263 of the Financial

Intermediaries Act 1996 of Queensland if:

(i) the State is Queensland; and

(ii) a determination by APRA under subitem 7(2) of the

Financial Sector Reform (Amendments and Transitional

Provisions) Act (No. 1) 1999 is in force immediately

before the transfer date.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 1 Preliminary

Clause 1

422 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: If a determination is made, the Bank will be covered by the Banking Act 1959 from the transfer date. APRA may only make a determination if the Treasurer and the Queensland Minister responsible for the administration of the Financial Intermediaries Act 1996 of Queensland have agreed that the Bank should be covered by the Banking Act 1959.

transition period means the period of 18 months starting on the

transfer date.

withdrawable share of a transferring financial institution of a State

or Territory means a withdrawable share within the meaning of the

Financial Institutions Code of the State or Territory as in force

immediately before the transfer date.

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Registration and its consequences Division 1

Clause 3

Corporations Act 2001 423

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 2—Financial institutions that became

companies

Division 1—Registration and its consequences

3 Background (registration of transferring financial institution as

company)

(1) On the transfer date, each transferring financial institution of a

State or Territory was taken to be registered as a company under

the Corporations Law of the State or Territory under the name

under which the institution was registered under the previous

governing Code immediately before the transfer date.

(2) Subclause 3(2) of the transfer provisions governed the kind of

company the transferring financial institution was registered as.

(3) Under clause 7 of the transfer provisions, ASIC:

(a) gave the company an ACN; and

(b) kept a record of the company’s registration; and

(c) issued a certificate to the company that stated:

(i) the company’s name; and

(ii) the company’s ACN; and

(iii) the company’s type; and

(iv) that the company is registered as a company under the

Corporations Law of the State or Territory.

4 Rules applied to transferring institution that was registered as a

company under the transfer provisions

Application of section 1274 to registration documents

(1) Subsections 1274(2) and (5) apply to the record of the company’s

registration referred to in paragraph 3(3)(b) of this Schedule as if it

were a document lodged with ASIC.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 1 Registration and its consequences

Clause 11

424 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

ASIC may keep documents relating to company lodged while it was

a registered body

(2) ASIC may keep any of the documents relating to the company that

were lodged because the company used to be a registered body.

Application of replaceable rules

(3) The replaceable rules (as described in section 135) do not apply to

the company, despite section 135, unless the company:

(a) repealed its constitution after the transfer date and before the

commencement of this Act; or

(b) repeals its constitution on or after the commencement of this

Act.

11 Transferring financial institution under external administration

Background

(1) Clause 11 of the transfer provisions provided that if, immediately

before the transfer date, provisions of Chapter 5 of the

Corporations Law of a State or Territory applied to:

(a) a compromise or arrangement between a transferring

financial institution of the State or Territory and its creditors;

or

(b) a reconstruction of a transferring financial institution of the

State or Territory; or

(c) a receiver or other controller of property of a transferring

financial institution of the State or Territory; or

(d) the winding-up or dissolution of a transferring financial

institution of the State or Territory;

because of Part 9 of the Financial Institutions Code, or Part 9 of the

Friendly Societies Code, of the State or Territory, those provisions

of Chapter 5 continued to apply to that matter after the transfer

date.

Note: Clause 11 of the transfer provisions also provided that:

(a) a matter referred to in paragraph (1)(a), (b) or (d) included an application or other step preliminary to the matter; and

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Registration and its consequences Division 1

Clause 11

Corporations Act 2001 425

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(b) any act done before the transfer date under or for the purposes of the provisions of Chapter 5 as applied by the Code were to have effect as if it had been done under or for the purposes of Chapter 5 as it applied after the transfer date.

(2) Clause 11 of the transfer provisions also provided that if, before the

transfer date, a liquidator of a transferring financial institution of a

State or Territory had been appointed under:

(a) section 341 of the Financial Institutions Code of the State or

Territory; or

(b) section 402 of the Friendly Societies Code of the State or

Territory;

the institution could be wound up in accordance with the

provisions of Chapter 5 of the Corporations Law of the State or

Territory.

Continuing external administration under Chapter 5 of the

Corporations Act 2001

(3) If, immediately before the commencement of this Act, provisions

of Chapter 5 of the Corporations Law of a State or Territory

applied to:

(a) a compromise or arrangement between a transferring

financial institution of the State or Territory and its creditors;

or

(b) a reconstruction of a transferring financial institution of the

State or Territory; or

(c) a receiver or other controller of property of a transferring

financial institution of the State or Territory; or

(d) the winding-up or dissolution of a transferring financial

institution of the State or Territory;

because of clause 11 of the transfer provisions, the corresponding

provisions of Chapter 5 of this Act apply (as a law of the

Commonwealth) to that matter after the commencement of this

Act.

(4) Subclause (3) does not limit the regulations that may be made

under clause 28.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 1 Registration and its consequences

Clause 11

426 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(5) Any act done:

(a) before the transfer date under or for the purposes of the

provisions of Chapter 5 of the Corporations Law of the State

or Territory as applied by the Code; or

(b) on or after the transfer date and before the commencement of

this Act for the purposes of the provisions of Chapter 5 of the

Corporations Law of the State or Territory as applied by

clause 11 of the transfer provisions;

has effect as if it had been done under or for the purposes of

Chapter 5 of this Act as it applies after the commencement of this

Act.

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Membership Division 2

Clause 12

Corporations Act 2001 427

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 2—Membership

12 Institution that became a company limited by shares

Background

(1) Clause 12 of the transfer provisions applied to a transferring

financial institution of a State or Territory if the institution was

taken to be registered as a company limited by shares under

clause 3 of the transfer provisions.

(2) Clause 12 of the transfer provisions provided that:

(a) any shares in the institution on issue immediately before the

transfer date (other than withdrawable shares) became shares

of the company; and

(b) any withdrawable shares of the institution on issue

immediately before the transfer date became redeemable

preference shares of the company; and

(c) in the case of a building society—each person who was a

member of the society immediately before the transfer date,

other than by virtue of only holding shares in the society, was

taken to have been issued with a membership share on the

transfer date; and

(d) in any case other than that of a building society—any person:

(i) who was a member of the institution immediately before

the transfer date; and

(ii) who did not hold any shares in the institution;

was taken to have been issued with a membership share on

the transfer date.

Joint members of institution that became a company limited by

shares

(3) If a person who was taken to have been issued with a membership

share was a joint member, they hold the membership share jointly

with the other member or members of the joint membership. This

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 2 Membership

Clause 13

428 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

is so, even if the other member, or another member, held shares in

the institution immediately before the transfer date. However, the

joint membership does not have any more votes because of the

membership share or shares than it had immediately before the

transfer date.

Cancellation shares

(4) A membership share can be cancelled at the option of the holder or

the company in the circumstances (if any):

(a) set out in the company’s constitution; or

(b) in which the member who holds the share could have had

their membership of the institution cancelled immediately

before the transfer date.

Part 2J.1 does not apply to the cancellation of a membership share.

13 Institution that became a company limited by guarantee

Background

(1) Clause 13 of the transfer provisions applied to a transferring

financial institution of a State or Territory if the institution was

taken to be registered as a company limited by guarantee under

clause 3 of the transfer provisions.

(2) Clause 13 of the transfer provisions provided that each person who

was a member of the institution immediately before the transfer

date was taken to have given a guarantee (but only for the purpose

of determining whether the person is a member of the company).

Guarantees

(3) Each person who becomes a member of the company after the

commencement of this Act and before the amount of the relevant

guarantee is determined is taken to have given a guarantee (but

only for the purpose of determining whether the person is a

member of the company).

Note: Someone who became a member after the transfer date and this Act

commences was taken to have given a guarantee by clause 13 of the

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Membership Division 2

Clause 14

Corporations Act 2001 429

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

transfer provisions. This guarantee is preserved by sections 1373 and

1399.

(4) If a person who is taken to have given a guarantee by subclause (2)

is a joint member, they are taken to have given the guarantee

jointly with the other member or members of the joint membership.

However, the joint membership does not have any more votes

because of giving the guarantee or guarantees than it had

immediately before the transfer date.

14 Institution becoming a company limited by shares and guarantee

Background

(1) Clause 14 of the transfer provisions applied to a transferring

financial institution of a State or Territory if the institution was

taken to be registered as a company limited by shares and

guarantee under clause 3 of the transfer provisions.

(2) Clause 14 of the transfer provisions provided that each person who

was a member of the institution immediately before the transfer

date was taken to have given a guarantee (but only for the purpose

of determining whether the person is a member of the company).

Guarantees

(3) Each person who becomes a member of the company after this Act

commences and before the amount of the relevant guarantee is

determined is taken to have given a guarantee (but only for the

purpose of determining whether the person is a member of the

company).

Note: Someone who became a member after the transfer date and this Act

commences was taken to have given a guarantee by clause 13 of the

transfer provisions. This guarantee is preserved by sections 1373 and

1399.

(4) If a person who is taken to have given a guarantee by subclause (2)

is a joint member, they are taken to have given the guarantee

jointly with the other member or members of the joint membership.

However, the joint membership does not have any more votes

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 2 Membership

Clause 15

430 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

because of giving the guarantee or guarantees than it had

immediately before the transfer date.

15 Redeemable preference shares that were withdrawable shares

(1) This Act applies to a redeemable preference share that was a

withdrawable share of a transferring financial institution of a State

or Territory immediately before the transfer date, except that:

(a) the share is redeemable on the same terms that the

withdrawable share was withdrawable under the Financial

Institutions Code of the State or Territory and the

institution’s rules or constitution; and

(b) the holder of the share continues to have the same rights and

obligations that they had by holding the withdrawable share.

(2) The provisions of this Act that apply to redeemable preference

shares apply:

(a) subject to subclause (1), to redeemable preference shares of a

company registered under clause 3 of the transfer provisions;

and

(b) to redeemable preference shares of a company (other than a

company referred to in paragraph (a)) that is permitted to use

the expression building society, credit union or credit society

under section 66 of the Banking Act 1959;

even if the shares are the only class of shares issued by the

company.

16 Liability of members on winding up

(1) If a transferring financial institution of a State or Territory that was

registered under clause 3 of the transfer provisions is wound up,

each person:

(a) who was a past member of the institution at the time it

became registered; and

(b) who did not again become a member; and

(c) who had not held shares in the institution;

is not liable under Division 2 of Part 5.6 on the winding up.

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Membership Division 2

Clause 16

Corporations Act 2001 431

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Note: A person who was a past member at the time of registration and who

held shares in the institution may be liable as a past member under

Division 2 of Part 5.6.

(2) If a company that is registered under clause 3 of the transfer

provisions is wound up, a person who is taken to have given a

guarantee by subclause 13(1) or 14(1) of the transfer provisions, or

clause 13 or 14 of this Schedule, is not liable under:

(a) section 515 merely because the person is or was a member

who is taken to have given a guarantee; or

(b) section 517 or paragraph 518(b) merely because the person is

taken to have given a guarantee.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 3 Share capital

Clause 17

432 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Division 3—Share capital

17 Share capital

Background (transfer of certain amounts to share capital)

(1) On registration of a transferring financial institution of a State or

Territory as a company under clause 3 of the transfer provisions:

(a) any amount of withdrawable share capital (within the

meaning of the Financial Institutions Code of the State or

Territory); and

(b) any amount standing to the credit of its share premium

account; and

(c) any amount standing to the credit of its capital redemption

reserve;

immediately before the transfer date became part of the company’s

share capital under clause 17 of the transfer provisions.

Use of amount standing to credit of share premium account

(2) The company may use the amount standing to the credit of its share

premium account immediately before the transfer date (if any) to:

(a) provide for the premium payable on redemption of

debentures or redeemable preference shares issued before the

transfer date; or

(b) write off:

(i) the preliminary expenses of the institution incurred

before the transfer date; or

(ii) expenses incurred, payments made, or discounts

allowed before the transfer date, in respect of any issue

of shares in, or debentures of, the institution.

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Transfer of financial institutions and friendly societies Schedule 4

Financial institutions that became companies Part 2

Share capital Division 3

Clause 18

Corporations Act 2001 433

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

18 Application of no par value rule

(1) Section 254C applies to shares issued by a transferring financial

institution of a State or Territory before the transfer date as well as

shares issued on and after that.

(2) In relation to a share issued by the institution before the transfer

date:

(a) the amount paid on the share is the sum of all amounts paid

to the institution at any time for the share (but not including

any premium); and

(b) the amount unpaid on the share is the difference between the

issue price of the share (but not including any premium) and

the amount paid on the share (see paragraph (a)).

19 Calls on partly-paid shares

The liability of a shareholder for calls in respect of money unpaid

on shares issued before the transfer date by a transferring financial

institution of a State or Territory (whether on account of the par

value of the shares or by way of premium) is not affected by the

share ceasing to have a par value.

20 References in contracts and other documents to par value

(1) This clause applies for the purpose of interpreting and applying the

following after the commencement of this Act:

(a) a contract entered into by a transferring financial institution

of a State or Territory before the transfer date (including the

institution’s constitution);

(b) a trust deed or other document executed by or in relation to

the institution before the transfer date.

Note: The interpretation and application of contracts and deeds before this

Act commences was governed by clause 20 of the transfer provisions.

(2) A reference to the par value of a share issued by a transferring

financial institution of a State or Territory is taken to be a reference

to:

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Schedule 4 Transfer of financial institutions and friendly societies

Part 2 Financial institutions that became companies

Division 3 Share capital

Clause 20

434 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(a) if the share is issued before the transfer date—the par value

of the share immediately before then; or

(b) if the share is issued on or after the transfer date but shares of

the same class were on issue immediately before then—the

par value that the share would have had if it had been issued

then; or

(c) if the share is issued on or after the transfer date and shares of

the same class were not on issue immediately before then—

the par value determined by the directors.

A reference to share premium is taken to be a reference to any

residual share capital in relation to the share.

(3) A reference to a right to a return of capital on a share issued by the

institution is taken to be a reference to a right to a return of capital

of a value equal to the amount paid in respect of the share’s par

value.

(4) A reference to the aggregate par value of the institution’s issued

share capital is taken to be a reference to that aggregate as it

existed immediately before the transfer date and:

(a) increased to take account of the par value of any shares

issued after then; and

(b) reduced to take account of the par value of any shares

cancelled after then.

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Transfer of financial institutions and friendly societies Schedule 4

The transition period Part 4

Clause 25

Corporations Act 2001 435

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 4—The transition period

25 ASIC may direct directors of a company to modify its

constitution

(1) If a company registered under clause 3 of the transition provisions

has not modified its constitution so that it complies with

subclause 24(1) of the transition provisions by the end of the

transition period, ASIC may direct, in writing, the directors of the

company to:

(a) take the necessary or specified steps to:

(i) ensure that the company modifies its constitution so that

it does comply; or

(ii) ensure that the company makes the modifications to its

constitution that ASIC specifies; and

(b) take those steps within a specified time (which must be more

than 28 days).

A direction may require the directors to take steps that are

inconsistent with the company’s constitution.

(2) ASIC may issue a direction under subclause (1) before the end of

the transition period if requested by a majority of directors of the

company.

(3) No civil or criminal liability arises from action taken by a director

in good faith and in accordance with a direction issued under

subclause (1).

(4) A person contravenes this subclause if, without reasonable excuse,

they contravene a direction under subclause (1).

(5) A person who intentionally or recklessly contravenes a direction

under subclause (1) is guilty of an offence.

Penalty: 100 penalty units or imprisonment for 2 years, or both.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 4 The transition period

Clause 27

436 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

27 When certain modifications of a company’s constitution under an

exemption or declaration take effect

(1) If the constitution of a company registered under clause 3 of the

transition provisions was modified under an exemption or

declaration made under clause 26 of the transition provisions, and

that modification varies or cancels, or allows the variation or

cancellation of:

(a) rights attached to shares in a class of shares; or

(b) rights of members in a class of members;

the following provisions apply, and to the exclusion of

section 246D if it would otherwise apply.

(2) If the company is not required to lodge a copy of the modification

with ASIC by or under any other provision of this Act, the

company must lodge a copy of the modification with ASIC within

14 days of the modification being made.

(3) If:

(a) members in the class do not all agree (whether by resolution

or written consent) to the modification of the company’s

constitution; or

(b) the members in the class did not have an opportunity to vote

on or consent to the modification;

10% or more of the members in the class may apply to the Court to

have the modification set aside.

Note: If a company has only 1 class of shares, all members are members of

the class.

(4) An application may only be made within 1 month after the

modification is lodged.

(5) The modification takes effect:

(a) if no application is made to the Court to have it set aside—1

month after the modification is lodged; or

(b) if an application is made to the Court to have it set aside—

when the application is withdrawn or finally determined.

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Transfer of financial institutions and friendly societies Schedule 4

The transition period Part 4

Clause 27

Corporations Act 2001 437

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(6) The members of the class who want to have the modification set

aside may appoint 1 or more of themselves to make the application

on their behalf. The appointment must be in writing.

(7) The Court may set aside the modification if it is satisfied that it

would unfairly prejudice the applicants. However, the Court must

confirm the modification if the Court is not satisfied of unfair

prejudice.

(8) Within 14 days after the Court makes an order, the company must

lodge a copy of it with ASIC.

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Schedule 4 Transfer of financial institutions and friendly societies

Part 5 Demutualisations

Clause 29

438 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 5—Demutualisations

29 Disclosure for proposed demutualisation

(1) If a modification of the constitution of an unlisted company

registered under clause 3 of the transition provisions is proposed

and the modification would have the effect of:

(a) varying or cancelling the rights of members, or a class of

members, to the reserves of the company; or

(b) varying or cancelling the rights of members, or a class of

members, to the assets of the company on a winding up; or

(c) varying or cancelling the voting rights of members or a class

of members; or

(d) otherwise varying or cancelling rights so that Part 2F.2 (Class

rights) applies; or

(e) allowing 1 of those variations or cancellations of rights;

the following rules apply:

(f) notice of the meeting of the company’s members at which the

proposed modification is to be considered must be

accompanied by the documents listed in subclause (4);

(g) notice of the meeting may not be shortened under

subsection 249H(2);

(h) the company must lodge with ASIC the notice and the

documents referred to in paragraphs (4)(a) and (c) within 7

days after notice of the meeting is given.

(2) If:

(a) an issue of shares by an unlisted company registered under

clause 3 of the transition provisions would have the effect of

varying or cancelling rights so that Part 2F.2 (Class rights)

applies; and

(b) at least 1 of the following is required to approve the share

issue, or variation or cancellation of rights:

(i) a meeting of the company’s members;

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Transfer of financial institutions and friendly societies Schedule 4

Demutualisations Part 5

Clause 29

Corporations Act 2001 439

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(ii) a resolution passed at a meeting of the class of members

concerned;

(iii) written consent of a specified proportion of members in

the class concerned;

the following rules apply (in addition to those that apply under

Part 2F.2):

(c) notice of the meeting or consent process must be

accompanied by the documents listed in subclause (4);

(d) the company must lodge with ASIC the notice of the meeting

or consent process and the documents referred to in

paragraphs (4)(a) and (c) within 7 days after the notice is

given;

(e) notice of the meeting may not be shortened under

subsection 249H(2).

Paragraph (c) need not be complied with to the extent that a person

has already been given the documents.

(3) ASIC may exempt a company from this Part under clause 30.

(4) The documents that must accompany the notice are:

(a) a disclosure statement that:

(i) satisfies clause 31; and

(ii) ASIC has registered under clause 32; and

(b) in the case of a proposed modification of the constitution of a

company—an estimate of the financial benefits (if any) the

member will be offered if the proposed modification occurs;

and

(c) a report by an expert that:

(i) states whether, in the expert’s opinion, the proposed

modification or share issue is in the best interests of the

members of the company as a whole; and

(ii) gives the expert’s reasons for forming that opinion; and

(iii) complies with subclauses 33(2) and (3).

(5) If the company contravenes subclause (1) or (2) it is not guilty of

an offence.

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Clause 30

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Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(6) A person contravenes this subclause if they are involved in a

contravention of subclause (1) or (2).

Note 1: This subclause is a civil penalty provision.

Note 2: Section 79 defines involved.

(7) A person commits an offence if they are involved in a

contravention of subclause (1) or (2) and the involvement is

dishonest.

Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

(8) In this clause:

reserves includes general reserves and retained earnings of the

company.

unlisted company means a company (registered under clause 3)

that does not have voting shares quoted on a prescribed financial

market.

30 ASIC’s exemption power

(1) If ASIC is satisfied that a company does not have a mutual

structure, it may exempt the company from this Part.

(2) If ASIC is satisfied that:

(a) a proposed modification of the constitution of a company

will not result in or allow a modification of the mutual

structure of the company; or

(b) an issue of shares would not result in or allow a modification

of the mutual structure of the company;

it may exempt the company from this Part in relation to the

proposed modification or share issue.

(3) In determining whether the company has a mutual structure, ASIC

may take into account:

(a) the particular structure, circumstances and history of the

company; and

(b) whether:

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(i) each customer of the company (for example an account

holder, mortgagor or policy holder) is required to be a

member of the company; or

(ii) each member (or joint membership) has only 1 vote;

and

(c) any other relevant matter in relation to the company or its

members.

(4) In determining whether the proposed modification or share issue

will result in or allow a modification of the mutual structure of the

company, ASIC must take into account whether the proposed

modification or share issue would have the effect of converting the

company into a company run for the purpose of yielding a return to

shareholders.

(5) An exemption under subclause (2) may apply unconditionally or

subject to specified conditions. A person to whom a condition

specified in an exemption applies must comply with the condition.

The Court may order the person to comply with the condition in a

specified way. Only ASIC may apply to the Court for the order.

(6) The exemption must be in writing and ASIC must publish notice of

it in the Gazette.

(7) For the purposes of this clause, the provisions of this Part include

regulations made for the purposes of this Part.

31 Coverage of disclosure statement

The disclosure statement must give all the information that

members would reasonably require and expect to be given to make

an informed decision about the proposed modification or share

issue.

32 Registration of disclosure statement

(1) ASIC must register the disclosure statement if satisfied that the

statement adequately sets out or explains the following (if

relevant):

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(a) the variation or cancellation of members’ rights

(b) that the proposed modification will allow the variation or

cancellation of members’ rights

(c) in relation to a share issue:

(i) who will and will not receive shares under the issue; and

(ii) the rights and obligations attached to the shares; and

(iii) the implications of the share issue for the management

and structure of the company

(d) what financial benefits (if any) members will be offered if the

proposed modification occurs and why the benefits are

considered to be appropriate

(e) the basis upon which members’ entitlement to the financial

benefits will be determined, including:

(i) any minimum period of membership that a member

must satisfy to receive benefits; or

(ii) whether members must pay an amount or provide other

value to receive benefits

(f) any preferential allocation of benefits to members, or a class

of members, and how that allocation is to be determined

(g) any benefits officers of the company (including retiring

officers) may receive (whether directly or indirectly) in

connection with the proposed modification or share issue

(h) any other proposed changes to the company that are related

to the proposed modification or share issue (for example,

whether the company proposes to list its securities for

quotation on a prescribed financial market or merge with

another company)

(i) the new name of the company, if the company’s name is to

be changed in connection with the proposed modification or

share issue, or that it is not proposed to change the

company’s name

(j) the procedural steps required to vary or cancel the members’

rights

(k) the procedural steps required to issue the shares

(l) how voting on the proposed modification or share issue will

take place.

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Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(2) In deciding whether the disclosure statement adequately sets out or

explains the matters in subclause (1), ASIC may also have regard

to:

(a) the readability of the statement; and

(b) whether the statement would be readily comprehensible by

the members of the company concerned.

(3) The disclosure statement must include a statement to the effect that

registration of the disclosure statement:

(a) is on the basis that the statement adequately sets out or

explains the matters in subclause (1); and

(b) does not mean that ASIC has considered whether the

proposed modification or share issue is in the best interests of

the members of the company as a whole.

(4) Subclause (1) does not limit clause 31.

33 Expert’s report

(1) If the company obtains 2 or more reports each of which could be

used for the purposes of paragraph 29(4)(c), a copy of each report

must:

(a) be lodged with ASIC; and

(b) be given to each member entitled to receive a disclosure

statement.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

(2) The report must be by an expert who is not an associate of the

company.

(3) The report must set out details of:

(a) any relationship between the expert and the company,

including any circumstances in which the expert gives it

advice, or acts on its behalf, in the proper performance of the

functions attaching to the expert’s professional capacity or

business relationship with the company; and

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(b) any financial or other interest of the expert that could

reasonably be regarded as being capable of affecting the

expert’s ability to give an unbiased opinion; and

(c) any fee, payment or other benefit (whether direct or indirect)

that the expert has received or will or may receive in

connection with making the report.

34 Unconscionable conduct in relation to demutualisations

(1) A person must not engage in:

(a) conduct that is, in all the circumstances, unconscionable; or

(b) conduct that is misleading or deceptive or is likely to mislead

or deceive;

in relation to:

(c) a modification of the constitution of an unlisted company that

is a modification to which this Part applies; or

(d) anything done in reliance on, in conjunction with or in

connection with the modification; or

(e) a share issue to which this Part applies.

(2) In determining whether a person has engaged in conduct that

contravenes paragraph (1)(a), have regard to:

(a) whether the person, or someone acting for the person, exerted

undue influence or pressure on, or used unfair tactics against,

members of the company; and

(b) whether the person, or someone acting for the person,

engaged in conduct that resulted in a member or someone

else gaining, or being in a position to gain, a benefit that the

members generally did not, or would not be in a position to,

gain.

This subclause does not limit subclause (1).

(3) A person who contravenes subclause (1) is not guilty of an offence.

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35 Orders the Court may make

(1) Without limiting the Court’s powers under Part 9.5, if the Court is

satisfied that a person has engaged in conduct constituting a

contravention of subclause 34(1), the Court may make 1 or more of

the following orders:

(a) an order requiring the person or a person involved in the

contravention to disclose to the public, to a particular person

or to a particular class of persons, in the manner specified in

the order, specified information, or information of a specified

kind, (being information that is in the possession of the

person to whom the order is directed or to which that person

has access)

(b) an order requiring the person or a person involved in the

contravention to publish, at their own expense, in a manner

and at times specified in the order, advertisements the terms

of which are specified in, or are to be determined in

accordance with, the order

(c) any order that it thinks necessary or desirable:

(i) to protect the rights or interests of any person affected

by the conduct; or

(ii) to ensure, as far as possible, that a proposed

modification or share issue proceeds in the manner in

which it would have proceeded if the conduct had not

been engaged in

(d) without limiting the generality of paragraph (c):

(i) an order prohibiting the exercise of voting or other

rights attached to specified shares; or

(ii) an order directing a company not to make payment, or

to defer making payment, of any amount or amounts

due from the company in respect of specified shares; or

(iii) an order prohibiting the acquisition or disposal of, or of

an interest in, specified shares; or

(iv) an order directing the disposal of, or of an interest in,

specified shares; or

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(v) an order directing a company not to register a transfer or

transmission of specified shares; or

(vi) an order that an exercise of the voting or other rights

attached to specified shares be disregarded; or

(vii) an order directing a company not to issue shares to a

person who holds shares in the company, being shares

that were proposed to be issued to the person because

the person holds shares in the company or pursuant to

an offer or invitation made or issued to the person

because the person holds shares in the company.

(2) Without limiting the Court’s powers under Part 9.5, if, in a

proceeding, the Court is satisfied that:

(a) a person has engaged in conduct constituting a contravention

of subclause 34(1); and

(b) a member of the company has suffered, or is likely to suffer,

loss or damage because of that conduct;

the Court may make the orders that it thinks are appropriate to

compensate the member (in whole or in part) or to prevent or

reduce the loss or damage, including:

(c) an order directing the person or a person who was involved

in the contravention to refund money or return property to the

member

(d) an order directing the person or a person who was involved

in the contravention to pay to the member the amount of the

loss or damage

(e) an order listed in paragraph (1)(d).

(3) An application for an order under this clause may be made by

ASIC or a member of the company.

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Transfer of financial institutions and friendly societies Schedule 4

Continued application of fundraising provisions of the Friendly Societies Code Part 6

Clause 36

Corporations Act 2001 447

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 6—Continued application of fundraising

provisions of the Friendly Societies Code

36 Friendly Societies Code to apply to offers of interests in benefit

funds

(1) The following apply as a law of the Commonwealth as from the

transfer date:

(a) Divisions 2 and 3 of Part 4B of the Friendly Societies Code

(b) Division 2 of Part 1, and Division 1 of Part 4B, of that Code

to the extent to which they provide for the interpretation of

terms used in the Divisions referred to in paragraph (a)

(c) sections 28, 29 and 128 of that Code to the extent to which

they apply for the purposes of the Divisions referred to in

paragraph (a)

(d) the regulations in force immediately before the transfer date

under Part 4B of that Code to the extent to which they were

made for the purposes of the provisions referred to in

paragraphs (a), (b) and (c)

(e) standards adopted by that Code for the purposes of the

provisions referred to in paragraphs (a), (b) and (c).

(2) The provisions referred to in subclause (1) apply as if:

(a) references in the provisions to a society were references to a

friendly society within the meaning of the Life Insurance Act

1995; and

(b) references to a benefit fund were references to an approved

benefit fund within the meaning of the Life Insurance Act

1995; and

(c) references in the provisions to an SSA were references to

ASIC; and

(d) references in the provisions to lodging a document were

references to lodging the document with ASIC; and

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Clause 36

448 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(e) references in the provisions to the Code were references to

this Act; and

(f) references in the provisions to Part 4B of the Code were

references to the provisions applied by this clause; and

(g) references to a penalty of $20,000 were references to a

penalty of 200 penalty units; and

(h) references to a penalty of $5,000 were references to a penalty

of 50 penalty units; and

(i) references to a penalty of $2,500 were references to a penalty

of 25 penalty units; and

(j) references to a penalty of $1,000 were references to a penalty

of 10 penalty units; and

(k) subsection 135(2) of the Friendly Societies Code were

omitted; and

(l) paragraph 137(1)(e) of the Friendly Societies Code were

omitted and replaced with a provision that requires a

disclosure document to contain any other information that

ASIC requires to be included in the document; and

(m) subsection 137(3) of the Friendly Societies Code were

omitted and replaced with a provision that requires each copy

of a disclosure document to:

(i) state that the document has been lodged with ASIC; and

(ii) specify the date of lodgment; and

(iii) state that ASIC takes no responsibility as to the contents

of the document.

(3) If there is an inconsistency between:

(a) the provisions of Division 2 of Part 1, or Division 1 of

Part 4B, of the Friendly Societies Code; and

(b) the provisions of Chapter 1 of this Act;

the provisions of the Code prevail for the purposes of interpreting

the provisions applied by subclause (1).

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Transitional provisions Part 7

Clause 37

Corporations Act 2001 449

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Part 7—Transitional provisions

37 Unclaimed money

(1) On and from the transfer date, section 414 applies to a sum or other

property that, immediately before the transfer date, is covered by

section 414 as applied by:

(a) section 337 of the Financial Institutions Code of a State or

Territory; or

(b) section 399 of the Friendly Societies Code of a State or

Territory.

(2) On and from the transfer date, section 544 applies to an amount of

money that, immediately before the transfer date, is covered by

section 544 as applied by:

(a) section 342 of the Financial Institutions Code of a State or

Territory; or

(b) section 403 of the Friendly Societies Code of a State or

Territory.

(3) Sections 414 and 544, as applied by this clause, apply as if:

(a) references to Part 9.7 were references to the unclaimed

money law of the State or Territory; and

(b) references to the Commission or ASIC were references to the

Minister administering the unclaimed money law of the State

or Territory.

(4) In this clause:

unclaimed money law means:

(a) the Unclaimed Money Act 1995 of New South Wales; or

(b) the Unclaimed Moneys Act 1962 of Victoria; or

(c) Part 8 of the Public Trustee Act 1978 of Queensland; or

(d) the Unclaimed Money Act 1990 of Western Australia; or

(e) the Unclaimed Moneys Act 1891 of South Australia; or

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(f) the Unclaimed Moneys Act 1918 of Tasmania; or

(g) the Unclaimed Moneys Act 1950 of the Australian Capital

Territory; or

(h) the Companies (Unclaimed Assets and Moneys) Act of the

Northern Territory.

38 Modification by regulations

(1) The regulations may modify the operation of this Act (including

the provisions applied by clause 36) in relation to:

(a) a company registered under clause 3; or

(b) a company that is permitted to use the expression building

society, credit union or credit society under section 66 of the

Banking Act 1959; or

(c) a company that is a friendly society for the purposes of the

Life Insurance Act 1995; or

(d) a specified class of any of those companies.

(2) Regulations made for the purposes of this clause may only modify

this Act in relation to the following matters:

(a) issuing, cancelling or redeeming membership shares or

redeemable preference shares

(b) inspection of the register of members required by section 169

(c) giving notice of a meeting of a company’s members

(d) members’ rights to request the directors to hold a general

meeting or to move a resolution at a general meeting

(e) issuing share certificates for membership shares or

redeemable preference shares, or numbering those shares

(f) the publication of the names and addresses of members in the

annual return

(g) the report to members required by section 314

(h) disposing of securities in a company if the whereabouts of

the holder of the securities is unknown as described in

section 1343

(i) the treatment of members who hold shares jointly or who

have jointly given a guarantee

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Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

(j) selective buy-backs.

(3) Regulations made for the purposes of this clause may not:

(a) create an offence with a penalty greater than 10 penalty units;

or

(b) increase the penalty for an existing offence; or

(c) substitute for an existing offence an offence with a penalty

greater than the penalty for the existing offence; or

(d) modify an obligation, contravention of which will result in

committing an offence, so as to make it more difficult to

comply with.

39 Regulations may deal with transitional, saving or application

matters

(1) The regulations may deal with matters of a transitional, saving or

application nature relating to:

(a) the transfer of the registration of transferring financial

institutions to this Act; or

(b) the amendments made by Schedule 3 to the Financial Sector

Reform (Amendments and Transitional Provisions) Act

(No. 1) 1999.

(2) Without limiting subclause (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 a law of the Commonwealth, or of a State

or Territory; or

(ii) provisions of a repealed or amended law of the

Commonwealth, or of a State or Territory, in the form

that those provisions took before the repeal or

amendment; or

(iii) a combination of provisions referred to in

subparagraphs (i) and (ii)

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

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(c) by specifying a particular consequence of the matter, or of an

outcome of the matter, for the purposes of this Act.

(3) Without limiting subclause (1) or (2), the regulations may provide

for the continued effect, for the purposes of this Act, of a thing

done or instrument made, or a class of things done or instruments

made, before the transfer date under or for the purposes of a

provision of a previous governing Code of a transferring financial

institution of a State or Territory. In the case of an instrument, or

class of instruments, the regulations may provide for the instrument

or instruments to continue to have effect subject to modifications.

(4) Without limiting subclause (3), regulations providing for the

continued effect of things done or instruments made may permit all

or any of the following matters to be determined in writing by a

specified person, or by a person in a specified class of persons:

(a) the identification of a thing done or instrument made, or a

class of them, that is to continue to have effect

(b) the purpose for which a thing done or instrument made, or a

class of them, is to continue to have effect

(c) any modifications subject to which an instrument made, or a

class of instruments made, is to continue to have effect.

(5) Without limiting subclause (1) or (2), the regulations may provide

for the application of Chapter 5 of this Act or a similar law about

external administration (in whole or in part and with or without

modification) to a transferring financial institution of a State or

Territory if, immediately before the transfer date:

(a) the institution is under external administration (however

described); and

(b) the provisions of Chapter 5 are not already applied to it, or in

relation to it, by a law of the State or Territory.

(6) In this clause, a reference to a law, whether of the Commonwealth

or of a State or Territory, includes a reference to an instrument

made under such a law.

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Endnotes

Endnote 1—About the endnotes

Corporations Act 2001 453

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

454 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

Corporations Act 2001 455

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnote 3—Legislation history

456 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Act 2001 50, 2001 28 June

2001

15 July 2001 (s 2 and

gaz 2001, No S285)

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June

2001

s 4–14, Sch 2 (items 12–

16) and Sch 6: 15 July

2001 (s 2(1) items 1, 2,

14)

s 4–14

as amended by

Statute Law Revision

Act 2006

9, 2006 23 Mar

2006

Sch 2 (items 11–13):

15 July 2001 (s 2(1)

item 28)

Treasury Legislation

Amendment

(Application of Criminal

Code) Act (No. 3) 2001

117, 2001 18 Sept

2001

s 4 and Sch 1 (items 1–

178, 183–188, 191–306):

15 Dec 2001 (s 2(1))

Sch 1 (items 179–182,

189, 190): 18 Sept 2001

(s 2(3))

s 4

as amended by

Treasury Legislation

Amendment

(Application of

Criminal Code) Act

(No. 2) 2001

146, 2001 1 Oct 2001 Sch 5 (item 10): 15 Dec

2001 (s 2(1))

General Insurance

Reform Act 2001

119, 2001 19 Sept

2001

Sch 3 (items 8–10):

1 July 2002 (s 2(2))

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Endnote 3—Legislation history

Corporations Act 2001 457

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Financial Services

Reform Act 2001

122, 2001 27 Sept

2001

Sch 1 (items 1, 138–

459), Sch 2 and Sch 3

(items 28–30): 11 Mar

2002 (s 2(2) and gaz

2001, No GN42)

Sch 3 (items 1–27):

27 Sept 2001 (s 2(1)(b),

(c))

as amended by

Treasury Legislation

Amendment

(Application of

Criminal Code) Act

(No. 2) 2001

146, 2001 1 Oct 2001 Sch 5 (items 6–8):

15 Dec 2001 (s 2(1))

Statute Law Revision

Act 2005

100, 2005 6 July 2005 Sch 2 (item 13): 11 Mar

2002 (s 2(1) item 33)

Financial Services

Reform (Consequential

Provisions) Act 2001

123, 2001 27 Sept

2001

Sch 1 (items 219–222):

15 July 2001 (s 2(4))

Sch 1 (items 223, 224):

27 Sept 2001 (s 2(2))

Treasury Legislation

Amendment

(Application of Criminal

Code) Act (No. 2) 2001

146, 2001 1 Oct 2001 s 4 and Sch 5 (items 4,

5): 15 Dec 2001 (s 2(1))

Sch 5 (item 3): 11 Mar

2002 (s 2(3))

s 4

Financial Services

Reform (Consequential

Provisions) Act 2002

29, 2002 5 Apr 2002 Sch 2: 11 Mar 2002

(s 2(1) items 3–5)

as amended by

Statute Law Revision

Act 2005

100, 2005 6 July 2005 Sch 2 (item 16): 11 Mar

2002 (s 2(1) item 35)

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Endnotes

Endnote 3—Legislation history

458 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Legislation

Amendment Act 2003

24, 2003 11 Apr

2003

Sch 1–4: 1 July 2003

(s 2(1) items 2–4)

Sch 5 (items 3, 7–9):

11 Apr 2003 (s 2(1)

items 5, 7)

Sch 5 (items 4–6):

15 July 2001 (s 2(1)

item 6)

Corporations

Amendment (Repayment

of Directors’ Bonuses)

Act 2003

25, 2003 11 Apr

2003

11 Apr 2003 (s 2) —

Crimes Legislation

Enhancement Act 2003

41, 2003 3 June 2003 Sch 2 (items 1D–1F):

1 Jan 2003 (s 2(1)

item 5B)

Financial Sector

Legislation Amendment

Act (No. 1) 2003

116, 2003 27 Nov

2003

Sch 3: 28 Nov 2003

(s 2(1) item 4)

Legislative Instruments

(Transitional Provisions

and Consequential

Amendments) Act 2003

140, 2003 17 Dec

2003

s 4 and Sch 1 (item 15):

1 Jan 2005 (s 2(1)

items 2, 3)

s 4

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Endnotes

Endnote 3—Legislation history

Corporations Act 2001 459

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Financial Services

Reform Amendment Act

2003

141, 2003 17 Dec

2003

Sch 1: 14 Jan 2004

(s 2(1) item 2)

Sch 2 (items 1A, 114):

17 Dec 2003 (s 2(1)

item 1)

Sch 2 (items 1–46C, 47–

72, 73–87, 89–113),

Sch 3 and 4: 18 Dec

2003 (s 2(1) items 3, 3B,

3D, 5, 5A, 6–8)

Sch 2 (items 46D–46F,

72A, 88, 88A): 1 July

2004 (s 2(1) items 3A,

3C, 4, 4A)

Bankruptcy Legislation

Amendment Act 2004

80, 2004 23 June

2004

Sch 1 (items 191A–

191D, 212, 213, 215):

1 Dec 2004 (s 2(1)

item 2 and gaz 2004, No

GN34)

Sch 1 (items 212,

213, 215)

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Endnotes

Endnote 3—Legislation history

460 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporate Law

Economic Reform

Program (Audit Reform

and Corporate

Disclosure) Act 2004

103, 2004 30 June

2004

Sch 1 (items 37–129,

176–178), Sch 2

(items 1–9, 17–19),

Sch 2A, Sch 4–8, Sch 9

(items 7–88) and Sch 11

(items 3–14) : 1 July

2004 (s 2(1) items 2, 2A,

2D, 4–11, 13)

Sch 2 (items 12–16) and

Sch 10 and 11A: 1 Jan

2005 (s 2(1) items 2B,

12, 13A)

Sch 3 (items 3, 4):

26 July 2004 (s 2(1)

item 3 and gaz 2004, No

GN28)

Sch 12 (item 2): 30 June

2004 (s 2(1) item 14)

Treasury Legislation

Amendment

(Professional Standards)

Act 2004

118, 2004 13 July

2004

Sch 1 (items 4–8):

13 July 2004 (s 2)

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb

2005

s 4 and Sch 1 (items 120,

121, 496): 22 Feb 2005

(s 2(1) items 1, 2, 10)

s 4 and Sch 1

(item 496)

Corporations

Amendment Act (No. 1)

2005

138, 2005 18 Nov

2005

Sch 2: 30 June 2004

(s 2(1) item 3)

Remainder: 18 Nov 2005

(s 2(1) items 1, 2)

Offshore Petroleum

(Repeals and

Consequential

Amendments) Act 2006

17, 2006 29 Mar

2006

Sch 2 (item 13): 1 July

2008 (s 2(1) item 2)

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Endnotes

Endnote 3—Legislation history

Corporations Act 2001 461

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Tax Laws Amendment

(Repeal of Inoperative

Provisions) Act 2006

101, 2006 14 Sept

2006

Sch 2 (items 29–35) and

Sch 6 (items 1, 6–11):

14 Sept 2006 (s 2(1)

items 2, 4)

Sch 6 (items 1, 6–

11)

Corporations

Amendment (Aboriginal

and Torres Strait

Islander Corporations)

Act 2006

126, 2006 4 Nov 2006 Sch 1: 1 July 2007

(s 2(1) item 2)

Trade Practices

Legislation Amendment

Act (No. 1) 2006

131, 2006 6 Nov 2006 Sch 9 (items 16–19, 21):

1 Jan 2007 (s 2(1)

item 3)

Sch 9 (item 21)

Anti-Money Laundering

and Counter-Terrorism

Financing (Transitional

Provisions and

Consequential

Amendments) Act 2006

170, 2006 12 Dec

2006

Sch 1 (item 18): 13 Dec

2006 (s 2(1) item 4)

Australian Securities and

Investments

Commission

Amendment (Audit

Inspection) Act 2007

1, 2007 19 Feb

2007

Sch 1 (item 17): 20 Feb

2007 (s 2(1) item 2)

Sch 2: 1 July 2004

(s 2(1) item 3)

Private Health Insurance

(Transitional Provisions

and Consequential

Amendments) Act 2007

32, 2007 30 Mar

2007

Sch 2 (item 8B): 1 Apr

2007 (s 2(1) item 7)

Corporations

Amendment (Takeovers)

Act 2007

64, 2007 15 Apr

2007

Sch 1: 13 May 2007

(s 2(1) item 2)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

462 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Governance Review

Implementation

(Treasury Portfolio

Agencies) Act 2007

74, 2007 5 June 2007 Sch 1 (items 13–39) and

Sch 2 (items 1–9, 20):

1 July 2007 (s 2(1)

item 2)

Sch 2 (items 1–9,

20)

Corporations (NZ Closer

Economic Relations) and

Other Legislation

Amendment Act 2007

85, 2007 21 June

2007

Sch 1 (items 1–19, 21,

22): 21 Dec 2007 (s 2(1)

items 2, 3, 5)

Sch 1 (item 20): never

commenced 2007 (s 2(1)

item 4)

Sch 2: 1 Sept 2007

(s 2(1) item 6)

Corporations Legislation

Amendment (Simpler

Regulatory System) Act

2007

101, 2007 28 June

2007

Sch 1 (items 1–175,

227–246): 28 June 2007

(s 2(1) items 2, 7)

Sch 1 (items 188–197):

1 July 2007 (s 2(1)

item 3)

Sch 1 (items 198–215,

221): 1 Sept 2007 (s 2(1)

item 4)

Sch 1 (items 216–220):

28 Dec 2007 (s 2(1)

item 4)

Sch 1 (item 223): 1 July

2008 (s 2(1) item 5)

Sch 1 (items 224–226):

1 Jan 2009 (s 2(1)

item 6)

Sch 1 (items 227–

246)

as amended by

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 2 (items 3, 4):

28 June 2007 (s 2(1)

(items 46, 47)

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Endnotes

Endnote 3—Legislation history

Corporations Act 2001 463

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations

Amendment

(Insolvency) Act 2007

132, 2007 20 Aug

2007

Sch 1 (items 1–10, 16–

48, 51–120, 122–133),

Sch 2 (items 2–10, 12),

Sch 3, 4, Sch 5 (items 3–

15) and Sch 6: 31 Dec

2007 (s 2(1) items 2, 4,

6, 7, 9, 10)

Sch 1 (items 49, 50, 121)

and Sch 2 (item 11):

1 July 2008 (s 2(1)

items 3, 8)

Financial Sector

Legislation Amendment

(Discretionary Mutual

Funds and Direct

Offshore Foreign

Insurers) Act 2007

149, 2007 24 Sept

2007

Sch 2 (items 1, 2): 1 July

2008 (s 2(1) item 2)

Sch 3: 22 Oct 2007

(s 2(1) item 3)

Financial Sector

Legislation Amendment

(Simplifying Regulation

and Review) Act 2007

154, 2007 24 Sept

2007

Sch 1 (items 52, 296)

and Sch 4 (items 16–30):

24 Sept 2007 (s 2(1)

item 2, 6, 7)

Sch 1 (items 167–172):

1 Jan 2008 (s 2(1)

item 3)

Sch 1 (item 296)

First Home Saver

Accounts (Consequential

Amendments) Act 2008

45, 2008 25 June

2008

Sch 2 (items 3–14):

26 June 2008 (s 2)

Private Health Insurance

Legislation Amendment

Act 2008

54, 2008 25 June

2008

Sch 1 (item 3): 25 June

2008 (s 2)

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Endnotes

Endnote 3—Legislation history

464 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Financial System

Legislation Amendment

(Financial Claims

Scheme and Other

Measures) Act 2008

105, 2008 17 Oct

2008

Sch 1 (items 54, 62) and

Sch 3 (items 27–31):

18 Oct 2008 (s 2(1)

items 2, 3)

Sch 1 (item 62)

and Sch 3

(item 31)

Offshore Petroleum

Amendment

(Greenhouse Gas

Storage) Act 2008

117, 2008 21 Nov

2008

Sch 3 (item 5): 22 Nov

2008 (s 2(1) item 4)

Same-Sex Relationships

(Equal Treatment in

Commonwealth Laws—

General Law Reform)

Act 2008

144, 2008 9 Dec 2008 Sch 14 (items 130–150):

10 Dec 2008 (s 2(1)

item 36)

Corporations

Amendment (Short

Selling) Act 2008

146, 2008 11 Dec

2008

Sch 2: 8 Jan 2009 (s 2(1)

item 3)

Sch 3: 11 Dec 2009

(s 2(1) item 4)

Remainder: 11 Dec 2008

(s 2(1) items 1, 2)

Corporations

Amendment (No. 1) Act

2009

9, 2009 25 Feb

2009

25 Feb 2009 (s 2) —

Fair Work (State

Referral and

Consequential and Other

Amendments) Act 2009

54, 2009 25 June

2009

Sch 18 (items 2, 3):

1 July 2009 (s 2(1)

item 41)

Financial Sector

Legislation Amendment

(Enhancing Supervision

and Enforcement) Act

2009

75, 2009 27 Aug

2009

Sch 1 (items 195–199):

27 Feb 2010 (s 2(1)

item 2)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

Corporations Act 2001 465

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Legislation

Amendment (Financial

Services Modernisation)

Act 2009

108, 2009 6 Nov 2009 Sch 1 and Sch 3

(items 2, 3): 1 Jan 2010

(s 2(1) items 2, 5)

Sch 2 (items 4–28):

6 May 2010 (s 2(1)

item 3)

Sch 3 (item 1), Sch 4 and

Sch 5: 6 Nov 2009

(s 2(1) items 4, 6, 7)

Tax Agent Services

(Transitional Provisions

and Consequential

Amendments) Act 2009

114, 2009 16 Nov

2009

Sch 1 (item 2) and Sch 2:

1 Mar 2010 (s 2(1)

items 2, 4)

Sch 2

Corporations

Amendment (Improving

Accountability on

Termination Payments)

Act 2009

115, 2009 23 Nov

2009

Sch 1: 24 Nov 2009

(s 2(1) items 2–4)

Sch 1 (item 43)

National Consumer

Credit Protection

(Transitional and

Consequential

Provisions) Act 2009

135, 2009 15 Dec

2009

Sch 3 (items 2, 3): 1 Apr

2010 (s 2(1) item 4)

Crimes Legislation

Amendment (Serious

and Organised Crime)

Act (No. 2) 2010

4, 2010 19 Feb

2010

Sch 10 (item 6): 20 Feb

2010 (s 2(1) item 13)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

466 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations

Amendment (Financial

Market Supervision) Act

2010

26, 2010 25 Mar

2010

Sch 1: 1 Aug 2010

(s 2(1) item 2)

as amended by

Corporations

Amendment

(Corporate Reporting

Reform) Act 2010

66, 2010 28 June

2010

Sch 1 (item 53): 28 June

2010 (s 2(1) item 3)

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 1) 2010

44, 2010 14 Apr

2010

Sch 3 (items 15–17):

15 Apr 2010 (s 2(1)

item 9)

Corporations

Amendment (Corporate

Reporting Reform) Act

2010

66, 2010 28 June

2010

Sch 1 (items 1–52):

28 June 2010 (s 2(1)

items 2, 3)

Sch 1 (item 54): never

commenced (s 2(1)

item 4)

Tax Laws Amendment

(Transfer of Provisions)

Act 2010

79, 2010 29 June

2010

Sch 1 (item 13): 1 July

2010 (s 2(1) item 2)

Personal Property

Securities (Corporations

and Other Amendments)

Act 2010

96, 2010 6 July 2010 Sch 1 (items 1–185,

187): 30 Jan 2012 (s 2(1)

items 2, 4)

Sch 1 (item 186): 6 July

2010 (s 2(1) item 3)

as amended by

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 2 (item 10): 29 June

2013 (s 2(1) item 3)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

Corporations Act 2001 467

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Sch 3 (items 33–36):

1 Jan 2011 (s 2(1)

item 2)

Corporations

Amendment (No. 1) Act

2010

131, 2010 24 Nov

2010

Sch 1 (items 4–20):

13 Dec 2010 (s 2(1)

item 2)

Corporations

Amendment (Sons of

Gwalia) Act 2010

150, 2010 17 Dec

2010

Sch 1: 18 Dec 2010

(s 2(1) item 2)

Sch 1 (item 4)

Statute Law Revision

Act 2011

5, 2011 22 Mar

2011

Sch 1 (items 15–53):

22 Mar 2011 (s 2(1)

item 2)

Corporations and Other

Legislation Amendment

(Trustee Companies and

Other Measures) Act

2011

24, 2011 12 Apr

2011

Sch 1 (items 3–7, 9–11):

13 Apr 2011 (s 2(1)

items 2, 4)

Sch 1 (items 8, 13–36):

10 May 2011 (s 2(1)

items 3, 6)

Sch 1 (item 12): 6 May

2010 (s 2(1) item 5)

Personal Property

Securities (Corporations

and Other Amendments)

Act 2011

35, 2011 26 May

2011

Sch 1: 30 Jan 2012

(s 2(1) item 2)

Corporations

Amendment (Improving

Accountability on

Director and Executive

Remuneration) Act 2011

42, 2011 27 June

2011

1 July 2011 (s 2) —

Carbon Credits

(Consequential

Amendments) Act 2011

102, 2011 15 Sept

2011

Sch 1 (items 9–11):

8 Dec 2011 (s 2(1)

item 2)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

468 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Business Names

Registration

(Transitional and

Consequential

Provisions) Act 2011

127, 2011 3 Nov 2011 Sch 2 (items 14–20):

20 Apr 2012 (s 2(1)

item 4)

Act No 172, 2011

(Sch 1 item 4)

Clean Energy

(Consequential

Amendments) Act 2011

132, 2011 18 Nov

2011

Sch 1 (items 259, 260):

1 July 2012 (s 2(1)

item 3)

Corporations

Amendment (Phoenixing

and Other Measures) Act

2012

48, 2012 26 May

2012

Sch 1 and 2: 1 July 2012

(s 2(1) item 2)

Corporations

Amendment (Future of

Financial Advice) Act

2012

67, 2012 27 June

2012

Sch 1: 1 July 2012

(s 2(1) item 2)

Corporations

Amendment (Further

Future of Financial

Advice Measures) Act

2012

68, 2012 27 June

2012

Sch 1: 1 July 2012

(s 2(1) item 2)

as amended by

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 2 (item 6): 1 July

2012 (s 2(1) item 7)

Corporations Legislation

Amendment (Audit

Enhancement) Act 2012

72, 2012 27 June

2012

Sch 1: 25 July 2012

(s 2(1) item 2)

Corporations

Amendment (Proxy

Voting) Act 2012

73, 2012 27 June

2012

28 June 2012 (s 2) —

Tax Laws Amendment

(2012 Measures No. 2)

Act 2012

99, 2012 29 June

2012

Sch 1 (items 24–34, 47):

30 June 2012 (s 2(1)

item 4)

Sch 1 (item 47)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

Corporations Act 2001 469

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Legislation

Amendment (Financial

Reporting Panel) Act

2012

118, 2012 12 Sept

2012

Sch 1 (items 3–6, 8):

1 Oct 2012 (s 2(1)

item 2)

Commonwealth

Government Securities

Legislation Amendment

(Retail Trading) Act

2012

155, 2012 17 Nov

2012

Sch 1 (items 8–17):

18 Nov 2012 (s 2)

Superannuation

Legislation Amendment

(MySuper Core

Provisions) Act 2012

162, 2012 28 Nov

2012

Sch 1 (item 1A): 28 Nov

2012 (s 2(1) item 1A)

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 135–137)

and Sch 3 (item 24):

3 Dec 2012 (s 2(1)

items 3, 10)

Sch 3 (items 25–32):

1 July 2013 (s 2(1)

item 11)

Sch 3 (item 29)

Superannuation

Legislation Amendment

(Further MySuper and

Transparency Measures)

Act 2012

171, 2012 3 Dec 2012 Sch 3 (items 5–23):

1 July 2013 (s 2(1)

item 16)

Treasury Legislation

Amendment (Unclaimed

Money and Other

Measures) Act 2012

176, 2012 4 Dec 2012 Sch 5 (items 2–8): 5 Dec

2012 (s 2(1) item 11)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

470 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Legislation

Amendment (Derivative

Transactions) Act 2012

178, 2012 6 Dec 2012 Sch 1 (items 1–43):

3 Jan 2013 (s 2(1)

item 2)

as amended by

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 2 (item 7): 3 Jan

2013 (s 2(1) item 8)

Personal Liability for

Corporate Fault Reform

Act 2012

180, 2012 10 Dec

2012

Sch 1 and 7: 11 Dec

2012 (s 2)

Sch 7

Corporations and

Financial Sector

Legislation Amendment

Act 2013

59, 2013 21 June

2013

Sch 1 (items 10–15, 39–

41): 19 July 2013 (s 2(1)

item 2)

Superannuation

Legislation Amendment

(Service Providers and

Other Governance

Measures) Act 2013

61, 2013 26 June

2013

Sch 1 (items 1–3, 9,

10A–10E, 11, 12A):

1 July 2013 (s 2(1)

items 2, 5, 6A, 7, 8A)

Sch 1 (items 4–6): 1 July

2015 (s 2(1) item 3)

Sch (items 7, 8, 12):

27 June 2013 (s 2(1)

items 4, 8)

Sch 1 (item 10): 28 Nov

2012 (s 2(1) item 6)

Clean Energy

Legislation (Carbon Tax

Repeal) Act 2014

83, 2014 17 July

2014

Sch 1 (items 105–107):

1 July 2014 (s 2(1)

item 2)

Corporations

Amendment (Simple

Corporate Bonds and

Other Measures) Act

2014

100, 2014 11 Sept

2014

19 Dec 2014 (s 2(1)

item 2)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

Corporations Act 2001 471

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations Legislation

Amendment

(Deregulatory and Other

Measures) Act 2015

19, 2015 19 Mar

2014

Sch 1: 19 Mar 2014 (s 2) —

Public Governance and

Resources Legislation

Amendment Act (No. 1)

2015

36, 2015 13 Apr

2015

Sch 5 (items 32–36, 74–

77) and Sch 7: 14 Apr

2015 (s 2)

Sch 5 (items 74–

77) and Sch 7

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 486):

5 March 2016 (s 2(1)

item 2)

Tax and Superannuation

Laws Amendment (2015

Measures No. 1) Act

2015

70, 2015 25 June

2015

Sch 1 (items 27–38,

195–205): 1 July 2015

(s 2(1) items 3, 6)

Sch 1 (items 195–

205)

Insolvency Law Reform

Act 2016

11, 2016 29 Feb

2016

Sch 2 (items 1, 2, 63–93,

95–265, 322) and Sch 3

(items 1–3, 5–35): 1 Mar

2017 (s 2(1) items 3, 5,

7, 8)

Sch 2 (item 94): awaiting

commencement (s 2(1)

item 4)

Corporations

Amendment (Financial

Advice Measures) Act

2016

22, 2016 18 Mar

2016

Sch 1: 19 Mar 2016

(s 2(1) item 2)

Corporations

Amendment (Auditor

Registration) Act 2016

58, 2016 23 Sept

2016

Sch 1: 24 Sept 2016 (s

2(1) item 1)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 3—Legislation history

472 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations

Amendment (Life

Insurance Remuneration

Arrangements) Act 2017

6, 2017 22 Feb

2017

Sch 1: 1 Jan 2018 (s 2(1)

item 2)

Corporations

Amendment

(Professional Standards

of Financial Advisers)

Act 2017

7, 2017 22 Feb

2017

Sch 1 (items 1–20, 27):

15 Mar 2017 (s 2(1)

item 1)

Corporations

Amendment

(Crowd-sourced

Funding) Act 2017

17, 2017 28 Mar

2017

Sch 1 (items 1–34) and

Sch 2: awaiting

commencement (s 2(1)

item 2)

Sch 3: 29 Mar 2017

(s 2(1) item 3)

Sch 3 (items 2, 5)

Treasury Laws

Amendment (2016

Measures No. 1) Act

2017

25, 2017 4 Apr 2017 Sch 2: 5 Apr 2017 (s

2(1) item 3)

Sch 5: 4 Apr 2018 (s

2(1) item 7)

ASIC Supervisory Cost

Recovery Levy

(Consequential

Amendments) Act 2017

45, 2017 19 June

2017

Sch 1 (items 3–19, 29):

1 July 2017 (s 2(1)

item 1)

Sch 1 (item 29)

Treasury Laws

Amendment (2017

Measures No. 2) Act

2017

55, 2017 22 June

2017

Sch 2 (items 3–8):

22 June 2017 (s 2(1)

item 8)

Treasury Laws

Amendment (2017

Measures No. 3) Act

2017

75, 2017 26 June

2017

Sch 1 (items 8–11):

15 July 2001 (s 2(1) item

1)

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 473

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am No 122, 2001

Chapter 1

Part 1.1

s. 5 .................................................am. No. 122, 2001

s. 5A...............................................am. No. 122, 2001; No. 108, 2009

s. 5C...............................................rs. No. 140, 2003

Part 1.1A

s 5D................................................am No 108, 2009

Part 1.2

Division 1

s. 6 .................................................am. No. 122, 2001

s. 7 .................................................am. No. 122, 2001

s 9 ..................................................am No 55, 2001; No 117, 2001; No 122, 2001; No 24, 2003; No 25,

2003; No 116, 2003; No 141, 2003; No 80, 2004; No 103, 2004; No 17,

2006; No 126, 2006; No 64, 2007; No 74, 2007; No 85, 2007; No 101,

2007; No 132, 2007; No 45, 2008; No 117, 2008; No 144, 2008; No

108, 2009; No 115, 2009; No 26, 2010; No 66, 2010; No 96, 2010; No

5, 2011; No 24, 2011; No 42, 2011; No 102, 2011; No 127, 2011; No

132, 2011; No 48, 2012; No 68, 2012; No 72, 2012; No 118, 2012; No

169, 2012; No 176, 2012; No 178, 2012; No 59, 2013; No 83, 2014; No

100, 2014; No 70, 2015; No 11, 2016; No 17, 2017; No 25, 2017

s. 9AA............................................ad. No. 144, 2008

s. 9A...............................................ad. No. 101, 2007

s. 9B...............................................ad. No. 42, 2011

Division 2

s. 12 ...............................................rs. No. 122, 2001

s. 13 ...............................................am. No. 122, 2001

s. 14 ...............................................rep. No. 122, 2001

s. 16 ...............................................am. No. 122, 2001

s. 17 ...............................................rs. No. 122, 2001

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Endnote 4—Amendment history

474 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 3

s. 21 ...............................................am. No. 96, 2010

Division 4 ......................................rep. No. 122, 2001

ss. 23–29........................................rep. No. 122, 2001

Division 5A

s. 45A.............................................am. No. 103, 2004; No. 101, 2007

s. 45B.............................................ad. No. 66, 2010

am No 36, 2015

Division 6

s. 50AAA.......................................ad. No. 103, 2004

Division 6A

Division 6A....................................ad. No. 96, 2010

s. 51 ...............................................rep. No. 122, 2001

ad. No. 96, 2010

s. 51A.............................................ad. No. 96, 2010

s. 51B.............................................ad. No. 96, 2010

s. 51C.............................................ad. No. 96, 2010

s. 51D.............................................ad. No. 96, 2010

s. 51E.............................................ad. No. 96, 2010

s. 51F .............................................ad. No. 96, 2010

Division 7

s. 53 ...............................................am. No. 116, 2003; No. 24, 2011

s. 53AB..........................................am. No. 80, 2004

ss. 54–56........................................rep. No. 122, 2001

s 57A..............................................am No 103, 2004; No 126, 2006; No 11, 2016

s. 58AA..........................................am. No. 5, 2011

s. 60 ...............................................ad. No. 132, 2007

am. No. 96, 2010

s. 61 ...............................................rep. No. 122, 2001

s. 64 ...............................................am. No. 122, 2001

ss. 67, 68 ........................................rep. No. 122, 2001

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Endnote 4—Amendment history

Corporations Act 2001 475

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

ss. 71, 72 ........................................rep. No. 122, 2001

s. 72A.............................................rep. No. 122, 2001

s. 73 ...............................................rep. No. 122, 2001

s. 77 ...............................................rep. No. 122, 2001

s. 82A.............................................rep. No. 103, 2004

s. 84 ...............................................rep. No. 122, 2001

ss. 87, 88 ........................................rep. No. 122, 2001

s. 88B.............................................ad. No. 122, 2001

s 91 ................................................rep No 116, 2003

ad No 11, 2016

s. 92 ...............................................am. No. 122, 2001

s. 92A.............................................rep. No. 122, 2001

ss. 93, 94 ........................................rep. No. 122, 2001

s. 95A.............................................rep. No. 122, 2001

ad. No. 29, 2002

s. 97 ...............................................rep. No. 122, 2001

Division 8

s. 103 .............................................am. No. 122, 2001

s. 107 .............................................ad. No. 24, 2003

s. 109X...........................................am. No. 116, 2003

Part 1.2A

Division 2

s. 111AD........................................am. No. 122, 2001

s. 111AE ........................................am. No. 122, 2001

s. 111AF ........................................am. No. 122, 2001; No. 85, 2007

s. 111AFA......................................ad. No. 122, 2001

am. No. 85, 2007

s. 111AH........................................am. No. 122, 2001

s. 111AI .........................................rs. No. 85, 2007

Division 3

s. 111ANA.....................................ad. No. 42, 2011

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Endnote 4—Amendment history

476 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 111AO........................................am. No. 103, 2004

s. 111AP ........................................am. No. 122, 2001

s. 111AQA.....................................ad. No. 122, 2001

am. No. 103, 2004

Division 4

s. 111AR ........................................am. No. 122, 2001

Part 1.5

s. 1 (to Part 1.5)..............................am. No. 116, 2003

s. 3 (to Part 1.5)..............................am. No. 116, 2003; No. 96, 2010

s. 4 (to Part 1.5)..............................am. No. 24, 2003; No. 101, 2007; No. 96, 2010

s. 5 (to Part 1.5)..............................am. Nos. 24 and 116, 2003; No. 101, 2007

s. 7 (to Part 1.5)..............................am. Nos. 24 and 116, 2003

s. 8 (to Part 1.5)..............................am. No. 96, 2010

s. 9 (to Part 1.5)..............................am. No. 116, 2003; No. 66, 2010

s. 11 (to Part 1.5)............................am. No. 116, 2003; No. 5, 2011

s. 12 (to Part 1.5)............................am. No. 116, 2003; No. 96, 2010

Part 1.6

Part 1.6...........................................ad. No. 169, 2012

s. 111K...........................................ad. No. 169, 2012

am No 36, 2015

s. 111L ...........................................ad. No. 169, 2012

am No 169, 2012

s. 111M..........................................ad. No. 169, 2012

s. 111N...........................................ad. No. 169, 2012

s 111P ............................................ad No 169, 2012

s. 111Q...........................................ad. No. 169, 2012

Chapter 2A

Part 2A.1

s. 112 .............................................am. No. 5, 2011

s. 113 .............................................am. No. 117, 2001

s. 115 .............................................am. No. 117, 2001

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Endnote 4—Amendment history

Corporations Act 2001 477

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 2A.2

s 117 ..............................................am No 117, 2001; No 24, 2003; No 17, 2017

s. 123 .............................................am. No. 117, 2001; No. 24, 2003

Chapter 2B

Part 2B.1

s. 124 .............................................am. No. 96, 2010

Part 2B.2

s. 130 .............................................am. No. 35, 2011

Part 2B.4

s. 136 .............................................am. No. 117, 2001

s. 139 .............................................am. No. 117, 2001

s. 141 .............................................am. No. 122, 2001; No. 116, 2003; No. 103, 2004

Part 2B.5

s. 142 .............................................am. No. 117, 2001; No. 24, 2003; No. 101, 2007

s. 143 .............................................am. No. 117, 2001; No. 103, 2004

s. 144 .............................................am. No. 117, 2001

s. 145 .............................................am. No. 117, 2001

s. 146 .............................................am. No. 117, 2001; No. 24, 2003

s. 146A...........................................ad. No. 101, 2007

Part 2B.6

Division 1

s. 147 .............................................am. No. 127, 2011

s. 148 .............................................am. No. 117, 2001

s. 149 .............................................am. No. 24, 2003

s. 150 .............................................am. No. 117, 2001; No. 169, 2012

s. 151 .............................................am. No. 117, 2001; No. 101, 2007

s. 153 .............................................am. No. 117, 2001; No. 24, 2003

s. 156 .............................................am. No. 117, 2001

Division 2

s. 157 .............................................am. No. 117, 2001

s. 157A...........................................ad. No. 132, 2007

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Endnote 4—Amendment history

478 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 96, 2010

s. 158 .............................................am. No. 117, 2001

s 161A............................................ad No 132, 2007

am No 5, 2011; No 11, 2016

Part 2B.7

s 162 ..............................................am No 117, 2001; No 11, 2016

s 163 ..............................................am No 117, 2001; No 24, 2003; No 103, 2004; No 101, 2007; No 17,

2017

s. 165 .............................................am. No. 117, 2001

Chapter 2C

Part 2C.1

Part 2C.1 heading...........................ad. No. 24, 2003

s. 168 .............................................am. No. 117, 2001; No. 103, 2004; No. 96, 2010

s. 169 .............................................am. No. 24, 2003; No. 5, 2011

s. 170 .............................................am. Nos. 117 and 122, 2001

s. 172 .............................................am. No. 117, 2001

s. 173 .............................................am. No. 117, 2001; No. 131, 2010

s. 174 .............................................am. No. 117, 2001

s. 175 .............................................am. No. 24, 2003

s. 177 .............................................am. No. 117, 2001; No. 131, 2010

Part 2C.2

Part 2C.2 ........................................ad. No. 24, 2003

s. 178A...........................................ad. No. 24, 2003

s. 178B...........................................ad. No. 24, 2003

s. 178C...........................................ad. No. 24, 2003

s. 178D...........................................ad. No. 24, 2003

Chapter 2D

Part 2D.1

Division 1

s. 188 .............................................am. No. 117, 2001; No. 24, 2003; No. 116, 2003; No. 103, 2004

rs. No. 180, 2012

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Endnotes

Endnote 4—Amendment history

Corporations Act 2001 479

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 190B...........................................ad. No. 126, 2006

Division 2

s. 191 .............................................am. No. 117, 2001

s. 195 .............................................am. No. 117, 2001

Division 3

s. 197 .............................................am. No. 138, 2005; No. 126, 2006

Division 5

Division 5 ......................................ad No 11, 2016

s 198G............................................ad No 11, 2016

Part 2D.2

Division 1

s. 199A...........................................am. No. 103, 2004; No. 9, 2009; No. 26, 2010; No. 68, 2012

s. 199B...........................................am. No. 117, 2001

Division 2

s. 200 .............................................ad. No. 115, 2009

s. 200AA........................................ad. No. 115, 2009

s. 200AB ........................................ad. No. 115, 2009

s. 200A...........................................am. No. 115, 2009

s. 200B...........................................am. No. 117, 2001; No. 115, 2009

s. 200C...........................................am. No. 117, 2001; No. 115, 2009

s. 200D...........................................am. No. 115, 2009

s. 200E ...........................................am. No. 115, 2009

s. 200F ...........................................am. No. 117, 2001; No. 115, 2009

s. 200G...........................................am. No. 115, 2009

s. 200J............................................am. No. 115, 2009

Part 2D.3

Division 1

Subdivision A

Subdivision A heading...................ad. No. 42, 2011

s. 201C...........................................rep. No. 24, 2003

s. 201D...........................................am. No. 117, 2001

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Endnotes

Endnote 4—Amendment history

480 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 201L ...........................................am. No. 103, 2004

Subdivision B

Subdivision B ................................ad. No. 42, 2011

s. 201N...........................................ad. No. 42, 2011

s. 201P ...........................................ad. No. 42, 2011

s. 201Q...........................................ad. No. 42, 2011

s. 201R...........................................ad. No. 42, 2011

s. 201S ...........................................ad. No. 42, 2011

s. 201T ...........................................ad. No. 42, 2011

s. 201U...........................................ad. No. 42, 2011

Division 2

s. 202B...........................................am. No. 117, 2001

Division 3

s. 203D...........................................am. No. 117, 2001

Part 2D.4

s. 204A...........................................am. No. 117, 2001

s. 204C...........................................am. No. 117, 2001

s. 204D...........................................am. No. 103, 2004

Part 2D.5

s. 205A...........................................am. No. 101, 2007

s. 205B...........................................am. No. 117, 2001; No. 24, 2003; No. 101, 2007

s. 205C...........................................am. No. 117, 2001

s. 205E ...........................................am. No. 117, 2001

s. 205F ...........................................am. No. 117, 2001

s. 205G...........................................am. Nos. 117 and 122, 2001; No. 24, 2003

Part 2D.6

s 206A............................................am No 117, 2001

s 206B............................................am No 80, 2004; No 126, 2006; No 9, 2009; No 11, 2016

s 206BA.........................................ad No 103, 2004

am No 126, 2006; No 11, 2016

s. 206C...........................................am. No. 122, 2001; No. 126, 2006

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Endnotes

Endnote 4—Amendment history

Corporations Act 2001 481

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 206D...........................................am. No. 103, 2004; No. 126, 2006

s. 206E ...........................................am. No. 126, 2006

s. 206EAA .....................................ad. No. 9, 2009

s. 206EA ........................................ad. No. 131, 2006

rs. No. 103, 2010

s. 206EB ........................................ad. No. 44, 2010

s. 206F ...........................................am. No. 126, 2006

s. 206GA........................................ad. No. 131, 2006

s. 206H...........................................am. No. 9, 2009

s. 206HB........................................ad. No. 126, 2006

Part 2D.7

Part 2D.7........................................ad. No. 42, 2011

s. 206J............................................ad. No. 42, 2011

Part 2D.8

Part 2D.8........................................ad. No. 42, 2011

s. 206K...........................................ad. No. 42, 2011

s. 206L ...........................................ad. No. 42, 2011

s. 206M..........................................ad. No. 42, 2011

Chapter 2E

Part 2E.1

s. 208 .............................................am. No. 180, 2012

Division 2

s 211 ..............................................am No 61, 2013 (md)

s. 213 .............................................rs. No. 101, 2007

Division 3

s. 219 .............................................am. No. 116, 2003

s. 220 .............................................am. No. 122, 2001

s. 225 .............................................am. No. 117, 2001

Part 2E.2

s. 228 .............................................am. No. 144, 2008

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Endnotes

Endnote 4—Amendment history

482 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Chapter 2F

Part 2F.1

s. 235 .............................................am. No. 117, 2001

Part 2F.2

s. 246B...........................................am. No. 117, 2001

s. 246D...........................................am. No. 117, 2001

s. 246F ...........................................am. No. 117, 2001; No. 24, 2003

s. 246G...........................................am. No. 117, 2001

Part 2F.3

s. 247C...........................................am. No. 117, 2001

Part 2F.4

Part 2F.4 ........................................ad. No. 150, 2010

s. 247E ...........................................ad. No. 150, 2010

Chapter 2G

Part 2G.2

Division 2

s 249CA.........................................am No 122, 2001

s 249D............................................am No 19, 2015

s 249E ............................................am No 117, 2001

Division 3

s. 249HA........................................am. No. 122, 2001

s. 249J............................................am. No. 103, 2004

s. 249K...........................................am. No. 117, 2001

s. 249L ...........................................am. No. 103, 2004; No. 42, 2011

s. 249LA ........................................ad. No. 103, 2004

Division 5

s. 249V...........................................am. No. 103, 2004

Division 6

s. 249X...........................................am. No. 103, 2004

s. 249Z ...........................................am. No. 117, 2001

s. 250A...........................................am. No. 117, 2001; No. 103, 2004; No. 42, 2011

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Endnote 4—Amendment history

Corporations Act 2001 483

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 250B...........................................am. No. 103, 2004

s. 250BA........................................am. No. 122, 2001; No. 103, 2004

s. 250BB ........................................ad. No. 42, 2011

s. 250BC ........................................ad. No. 42, 2011

s. 250BD........................................ad. No. 42, 2011

s. 250D...........................................am. No. 103, 2004

Division 7

s. 250H...........................................am. No. 42, 2011

Division 8

s 250N............................................am No 117, 2001; No 17, 2017

s. 250P ...........................................am. No. 117, 2001

s. 250PAA......................................ad. No. 132, 2007

s. 250PAB......................................ad. No. 132, 2007

s. 250PA ........................................ad. No. 103, 2004

s. 250R...........................................am. No. 103, 2004; No. 42, 2011; No. 73, 2012

s. 250RA........................................ad. No. 103, 2004

s. 250S ...........................................am. No. 117, 2001

s. 250SA ........................................ad. No. 103, 2004

s. 250T ...........................................am. No. 117, 2001; No. 103, 2004

Division 9

Division 9 ......................................ad. No. 42, 2011

s. 250U...........................................ad. No. 42, 2011

s. 250V...........................................ad. No. 42, 2011

s. 250W..........................................ad. No. 42, 2011

s. 250X...........................................ad. No. 42, 2011

s. 250Y...........................................ad. No. 42, 2011

Part 2G.3

s. 251A...........................................am. No. 117, 2001

s. 251AA........................................am. No. 122, 2001

s. 251B...........................................am. No. 117, 2001

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Endnotes

Endnote 4—Amendment history

484 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 2G.4

Division 1

s. 252C...........................................am. No. 117, 2001

Division 2

s. 252H...........................................am. No. 117, 2001

Division 5

s. 252X...........................................am. No. 117, 2001

s. 252Y...........................................am. No. 117, 2001

s. 252Z ...........................................am. No. 116, 2003

Division 6

s. 253F ...........................................am. No. 122, 2001

Division 7

s. 253M..........................................am. No. 117, 2001

s. 253N...........................................am. No. 117, 2001

Chapter 2H

Part 2H.1

s. 254G...........................................am. No. 116, 2003

s. 254H...........................................am. No. 117, 2001

Part 2H.2

s. 254J............................................am. No. 180, 2012

s. 254K...........................................am. No. 180, 2012

Part 2H.3

s 254N............................................am No 117, 2001; No 11, 2016

s. 254Q...........................................am. No. 117, 2001; No. 180, 2012

Part 2H.5

s. 254SA ........................................ad. No. 66, 2010

s. 254T ...........................................rs. No. 66, 2010

Part 2H.6

s. 254X...........................................am. No. 117, 2001; No. 24, 2003

s. 254Y...........................................am. No. 117, 2001

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Endnotes

Endnote 4—Amendment history

Corporations Act 2001 485

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Chapter 2J

Part 2J.1

Division 1

s. 256B...........................................am. No. 132, 2007; No. 180, 2012

s. 256C...........................................am. No. 24, 2003

s. 256D...........................................am. No. 180, 2012

s. 256E ...........................................am. No. 122, 2001

Division 2

s. 257B...........................................am. No. 122, 2001; No. 5, 2011

s. 257H...........................................am. No. 122, 2001

s. 257J............................................am. No. 122, 2001

Division 3

s. 258F ...........................................am. No. 66, 2010

Part 2J.2

s. 259A...........................................am No. 180, 2012

s. 259B...........................................am. No. 117, 2001; No. 180, 2012

s. 259D...........................................am. No. 117, 2001

Part 2J.3

s. 260A...........................................am. No. 180, 2012

Chapter 2K.....................................rep. No. 96, 2010

s. 261 .............................................rep. No. 96, 2010

s. 262 .............................................am. No. 24, 2003

rep. No. 96, 2010

s. 263 .............................................rep. No. 96, 2010

s. 264 .............................................am. No. 101, 2007

rep. No. 96, 2010

s. 265 .............................................rep. No. 96, 2010

s. 265A...........................................rep. No. 96, 2010

ss. 266–271 ....................................rep. No. 96, 2010

s. 272 .............................................am. No. 101, 2007

rep. No. 96, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

486 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 273A...........................................am. No. 116, 2003

rep. No. 96, 2010

s. 273B...........................................am. No. 116, 2003

rep. No. 96, 2010

s. 273C...........................................am. No. 116, 2003

rep. No. 96, 2010

s. 273D...........................................rep. No. 96, 2010

s. 274 .............................................am. No. 101, 2007

rep. No. 96, 2010

ss. 277–282 ....................................rep. No. 96, 2010

Chapter 2L

Part 2L.1

s. 283AA........................................am. No. 117, 2001; No. 103, 2004; No. 101, 2007; No 100, 2014

s. 283AB ........................................am. No. 117, 2001

s 283AC.........................................am No 117, 2001; No 75, 2009; No 108, 2009; No 11, 2016

Part 2L.2

s. 283BC ........................................rs. No. 108, 2009

s. 283BCA .....................................ad. No. 108, 2009

s. 283BE ........................................am. No. 96, 2010

s. 283BF.........................................am. No. 96, 2010

s. 283BG........................................rs. No. 96, 2010

s. 283BH........................................am. No. 117, 2001; No. 96, 2010

Part 2L.3

s. 283CC ........................................am. No. 96, 2010

s. 283CD........................................rs. No. 96, 2010

Part 2L.4

s. 283DA........................................am. No. 96, 2010

Chapter 2M

Part 2M.1

s. 285 .............................................am. No. 103, 2004; No. 101, 2007; No. 66, 2010

s. 285A...........................................ad. No. 66, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 487

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 2M.2

s. 286 .............................................am. No. 117, 2001

s. 287 .............................................am. No. 117, 2001

s. 288 .............................................am. No. 117, 2001

s. 289 .............................................am. No. 117, 2001

Part 2M.3

Division 1

s. 292 .............................................am. No. 66, 2010

s. 294 .............................................am. No. 117, 2001

s. 294A...........................................ad. No. 66, 2010

s. 294B...........................................ad. No. 66, 2010

s. 295 .............................................am. No. 103, 2004; No. 66, 2010

s. 295A...........................................ad. No. 103, 2004

s. 296 .............................................am. No. 66, 2010

s 298 ..............................................am No 103, 2004; No 66, 2010; No 17, 2017

s. 299A...........................................ad. No. 103, 2004

am. No. 66, 2010

s. 300 .............................................am. No. 122, 2001; No. 103, 2004; No. 72, 2012

s 300A............................................am No 55, 2001; No 122, 2001; No 103, 2004; No 101, 2007; No 42,

2011; No 19, 2015

s. 300B...........................................ad. No. 66, 2010

s 301 ..............................................am No 66, 2010; No 36, 2015; No 17, 2017

Division 2

s. 303 .............................................am. No. 103, 2004; No. 66, 2010

s. 306 .............................................am. No. 103, 2004; No. 5, 2011

Division 3

s. 307 .............................................am. No. 103, 2004

s. 307A...........................................ad. No. 103, 2004

am. No. 66, 2010

s. 307B...........................................ad. No. 103, 2004

am. No. 66, 2010

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Endnotes

Endnote 4—Amendment history

488 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 307C...........................................ad. No. 103, 2004

am. No. 101, 2007; No. 66, 2010

s. 308 .............................................am. No. 117, 2001; No. 103, 2004; No. 101, 2007; No. 66, 2010

s. 309 .............................................am. No. 103, 2004

s. 311 .............................................am. No. 117, 2001

rs. No. 103, 2004

am. No. 72, 2012

s. 312 .............................................am. No. 117, 2001

s. 313 .............................................am. No. 117, 2001

Division 4

s 314 ..............................................am No 117, 2001; No 103, 2004; No 101, 2007; No 66, 2010; No 5,

2011; No 17, 2017

s. 315 .............................................am. No. 101, 2007

s. 316 .............................................am. No. 117, 2001; No. 66, 2010

s. 316A...........................................ad. No. 66, 2010

s. 317 .............................................am. No. 117, 2001; No. 103, 2004; No. 66, 2010

s. 318 .............................................am. No. 117, 2001; No. 101, 2007

Division 5

s. 319 .............................................am. No. 117, 2001; No. 116, 2003; No. 101, 2007; No. 66, 2010;

No. 180, 2012

s. 320 .............................................am. No. 117, 2001

s. 321 .............................................am. No. 117, 2001

s. 322 .............................................am. No. 117, 2001

Division 6

s. 323 .............................................am. No. 117, 2001

s. 323B...........................................am. No. 117, 2001

Division 7

s 323D............................................am No 117, 2001; No 66, 2010; No 19, 2015

Division 8

s. 323DA........................................am. No. 122, 2001

Division 9 ......................................ad. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 489

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

rep. No. 118, 2012

s. 323EA ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EB ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EC ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323ED ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EE.........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EF.........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EG ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EH ........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EI..........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EJ..........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EK ........................................ad. No. 103, 2004

am. No. 5, 2011

rep. No. 118, 2012

s. 323EL.........................................ad. No. 103, 2004

rep. No. 118, 2012

s. 323EM........................................ad. No. 103, 2004

rep. No. 118, 2012

Part 2M.4

Division 1

Division 1 heading.........................rs. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

490 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 324 .............................................rep. No. 103, 2004

s. 324AA........................................ad. No. 103, 2004

s. 324AB ........................................ad. No. 103, 2004

s. 324AC ........................................ad. No. 103, 2004

s. 324AD........................................ad. No. 103, 2004

s. 324AE ........................................ad. No. 103, 2004

am. No. 101, 2007

s. 324AF ........................................ad. No. 103, 2004

Division 2

Division 2 ......................................ad. No. 103, 2004

s. 324BA........................................ad. No. 103, 2004

s. 324BB ........................................ad. No. 103, 2004

am. No. 127, 2011

s. 324BC ........................................ad. No. 103, 2004

s. 324BD........................................ad. No. 103, 2004

s. 324BE ........................................ad. No. 66, 2010

am No 169, 2012

Division 3

Division 3 ......................................ad. No. 103, 2004

Subdivision A

s 324CA.........................................ad No 103, 2004

am No 101, 2007; No 17, 2017

s 324CB .........................................ad No 103, 2004

am No 101, 2007; No 17, 2017

s 324CC .........................................ad No 103, 2004

am No 101, 2007; No 17, 2017

s. 324CD........................................ad. No. 103, 2004

Subdivision B

s 324CE .........................................ad No 103, 2004

am No 101, 2007; No 17, 2017

s 324CF..........................................ad No 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 491

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am No 101, 2007; No 17, 2017

s 324CG.........................................ad No 103, 2004

am No 101, 2007; No 17, 2017

s. 324CH........................................ad. No. 103, 2004

am. No. 101, 2007; No. 75, 2009; No. 66, 2010

s. 324CI..........................................ad. No. 103, 2004

am. No. 101, 2007

s. 324CJ .........................................ad. No. 103, 2004

am. No. 101, 2007

s. 324CK........................................ad. No. 103, 2004

am. No. 101, 2007

Subdivision C

s. 324CL ........................................ad. No. 103, 2004

Division 4

Division 4 ......................................ad. No. 103, 2004

s. 324CM .......................................ad. No. 103, 2004

Division 5

Division 5 ......................................ad. No. 103, 2004

s. 324DA........................................ad. No. 103, 2004

am. No. 72, 2012

s. 324DAA.....................................ad. No. 72, 2012

s. 324DAB .....................................ad. No. 72, 2012

s. 324DAC .....................................ad. No. 72, 2012

s. 324DAD.....................................ad. No. 72, 2012

s. 324DB........................................ad. No. 103, 2004

s. 324DC........................................ad. No. 103, 2004

am. No. 72, 2012

s. 324DD........................................ad. No. 103, 2004

am. No. 72, 2012

Division 6

Division 6 heading.........................ad. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

492 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision A

Subdivision A heading...................ad No 103, 2004

s 327 ..............................................rep No 103, 2004

s 327A............................................ad No 103, 2004

am No 19, 2015; No 17, 2017

s 327B............................................ad No 103, 2004

am No 101, 2007; No 19, 2015

s 327C............................................ad No 103, 2004

am No 19, 2015

s. 327D...........................................ad. No. 103, 2004

s. 327E ...........................................ad. No. 103, 2004

s. 327F ...........................................ad. No. 103, 2004

s. 327G...........................................ad. No. 103, 2004

s. 327H...........................................ad. No. 103, 2004

s. 327I ............................................ad. No. 103, 2004

s. 328 .............................................rep. No. 103, 2004

s. 328A...........................................ad. No. 103, 2004; No. 180, 2012

s. 328B...........................................ad. No. 103, 2004; No. 180, 2012

s 328C............................................ad No 17, 2017

s 328D............................................ad No 17, 2017

s 328E ............................................ad No 17, 2017

Subdivision B

Subdivision B heading ...................ad. No. 103, 2004

s. 329 .............................................am. No. 103, 2004; No. 66, 2010

s. 330 .............................................am. No. 103, 2004

Subdivision C

Subdivision C heading ...................ad. No. 103, 2004

Division 7

Division 2 heading.........................rep. No. 103, 2004

Division 7 heading.........................ad. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 493

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision A

Subdivision A heading...................ad. No. 103, 2004

s. 331AA........................................rep. No. 103, 2004

s. 331AB ........................................rep. No. 103, 2004

s. 331AAA.....................................ad. No. 103, 2004

am. No. 101, 2007

s. 331AAB .....................................ad. No. 103, 2004

s. 331AAC .....................................ad. No. 103, 2004

s. 331AAD.....................................ad. No. 103, 2004

Subdivision B

Subdivision B heading ...................ad. No. 103, 2004

s. 331AC ........................................am. No. 103, 2004

s. 331AD........................................am. No. 103, 2004

Subdivision C

Subdivision C heading ...................ad. No. 103, 2004

Part 2M.4A

Part 2M.4A ....................................ad. No. 72, 2012

s. 332 .............................................ad. No. 72, 2012

s. 332A...........................................ad. No. 72, 2012

s. 332B...........................................ad. No. 72, 2012

s. 332C...........................................ad. No. 72, 2012

s. 332D...........................................ad. No. 72, 2012

s. 332E ...........................................ad. No. 72, 2012

s. 332F ...........................................ad. No. 72, 2012

s. 332G...........................................ad. No. 72, 2012

Part 2M.5

Part 2M.5 heading..........................rs. No. 103, 2004

s. 334 .............................................am. No. 154, 2007

s. 336 .............................................ad. No. 103, 2004

am. No. 154, 2007

s. 337 .............................................rs. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

494 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 338 .............................................ad. No. 103, 2004

s. 339 .............................................rep. No. 103, 2004

Part 2M.6

s. 340 .............................................am. No. 103, 2004; No. 101, 2007

s. 341 .............................................am. No. 103, 2004; No. 101, 2007

s. 342 .............................................rs. No. 101, 2007

s. 342AA........................................ad. No. 101, 2007

s. 342AB ........................................ad. No. 101, 2007

s. 342AC ........................................ad. No. 101, 2007

s. 342A...........................................ad. No. 103, 2004

s. 342B...........................................ad. No. 103, 2004

Part 2M.7

s. 344 .............................................am. No. 72, 2012

Chapter 2N

Chapter 2N heading .......................rs. No. 24, 2003

Part 2N.1

Part 2N.1........................................rs. No. 24, 2003

s. 345 .............................................am. No. 117, 2001

rep. No. 24, 2003

s. 345A...........................................ad. No. 24, 2003

s. 345B...........................................ad. No. 24, 2003

s. 345C...........................................ad. No. 24, 2003

s. 346 .............................................am. No. 117, 2001

rep. No. 24, 2003

Part 2N.2

Part 2N.2 heading ..........................rep. No. 24, 2003

Part 2N.2........................................ad. No. 24, 2003

s. 346A...........................................ad. No. 24, 2003

s. 346B...........................................ad. No. 24, 2003

s. 346C...........................................ad. No. 24, 2003

s. 347 .............................................rep. No. 24, 2003

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 495

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 2N.3

Part 2N.3........................................ad. No. 24, 2003

s. 347A...........................................ad. No. 24, 2003

s. 347B...........................................ad. No. 24, 2003

s. 347C...........................................ad. No. 24, 2003

s. 348 .............................................rep. No. 24, 2003

Part 2N.4

Part 2N.4........................................ad. No. 24, 2003

s. 348A...........................................ad. No. 24, 2003

am. No. 101, 2007

s. 348B...........................................ad. No. 24, 2003

s. 348C...........................................ad. No. 24, 2003

s. 348D...........................................ad. No. 24, 2003

am. No. 103, 2004; No. 101, 2007

s. 349 .............................................rep. No. 24, 2003

Part 2N.5

Part 2N.5........................................ad. No. 24, 2003

s. 349A...........................................ad. No. 24, 2003

s. 349B...........................................ad. No. 24, 2003

s. 349C...........................................ad. No. 24, 2003

s. 349D...........................................ad. No. 24, 2003

Chapter 2P

Chapter 2P heading........................ad. No. 24, 2003

s. 350 .............................................rs. No. 122, 2001

s. 352 .............................................am. No. 24, 2003; No. 101, 2007

s. 353 .............................................ad. No. 24, 2003

s. 354 .............................................ad. No. 24, 2003

am. No. 5, 2011

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

496 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Chapter 5

Part 5.1

s 411 ..............................................am No 116, 2003; No 103, 2004; No 132, 2007; No 96, 2010; No 150,

2010; No 11, 2016; No 55, 2017

s. 412 .............................................am. No. 48, 2012

s. 413 .............................................am. No. 96, 2010

s 415A............................................ad No 11, 2016

s 415B............................................ad No 11, 2016

s 415C............................................ad No 11, 2016

Part 5.2

s. 417 .............................................am. No. 126, 2006

s 418 ..............................................am No 103, 2004; No 96, 2010; No 11, 2016

s. 418A...........................................am. No. 96, 2010

s. 419 .............................................am. No. 96, 2010

s. 419A...........................................am. No. 96, 2010; No. 35, 2011

s. 420 .............................................am. No. 96, 2010

s. 420B...........................................am. No. 96, 2010

s. 421 .............................................am. No. 132, 2007

s. 421A...........................................am. No. 132, 2007

s. 422 .............................................am. No. 103, 2004; No. 132, 2007

s 422A............................................ad No 11, 2016

s 422B............................................ad No 11, 2016

s 422C............................................ad No 11, 2016

s 422D............................................ad No 11, 2016

s. 425 .............................................am. No. 132, 2007

s 426 ..............................................am No 11, 2016

s. 427 .............................................am. No. 132, 2007; No. 96, 2010

s 428 ..............................................am No 117, 2001

s 429 ..............................................am No 96, 2010; No 11, 2016

s 432 ..............................................am No 96, 2010; No 11, 2016

s. 433 .............................................am. No. 96, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 497

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 434B...........................................am. No. 96, 2010

s. 434C...........................................am. No. 96, 2010

s. 434D...........................................ad. No. 132, 2007

s. 434E ...........................................ad. No. 132, 2007

s. 434F ...........................................ad. No. 132, 2007

s. 434G...........................................ad. No. 132, 2007

s 434H............................................ad No 11, 2016

Part 5.3A

Division 1

s 435A............................................am No 11, 2016

s. 435B...........................................am. No. 96, 2010

s 435C............................................am No 105, 2008; No 11, 2016

Division 2

s. 436A...........................................am. No. 132, 2007

s. 436B...........................................am. No. 132, 2007

s. 436C...........................................am. No. 132, 2007; No. 96, 2010

s 436DA.........................................ad No 132, 2007

am No 11, 2016

s 436E ............................................am No 132, 2007; No 48, 2012; No 11, 2016

s 436F ............................................rep No 11, 2016

s 436G............................................am No 132, 2007

rep No 11, 2016

Division 3

s. 437A...........................................ad. No. 96, 2010

s 437C............................................am No 117, 2001; No 103, 2004

rep No 11, 2016

s. 437D...........................................am. No. 103, 2004

s. 437F ...........................................rs. No. 132, 2007

Division 4

s 438B............................................am No 117, 2001; No 132, 2007; No 11, 2016

s. 438C...........................................am. No. 117, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

498 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 438D...........................................am. No. 103, 2004

s 438E ............................................ad No 132, 2007

rep No 11, 2016

Division 5

s 439A............................................am No 132, 2007; No 48, 2012; No 11, 2016

s 439B............................................am No 132, 2007

rep No 11, 2016

s 439C............................................am No 11, 2016

Division 6

s 440A............................................am No 11, 2016

s. 440B...........................................rs. No. 96, 2010

ss. 440BA, 440BB .........................ad. No. 132, 2007

rep. No. 96, 2010

s. 440C...........................................rep. No. 96, 2010

s. 440J............................................am. No. 144, 2008

s. 440JA .........................................ad. No. 132, 2007

am. No. 96, 2010

Division 7

Division 7 heading.........................rs. No. 132, 2007; No. 96, 2010

Subdivision A

Subdivision A heading...................ad. No. 96, 2010

s. 441 .............................................ad. No. 96, 2010

Subdivision B

Subdivision B heading ...................ad. No. 96, 2010

s. 441AA........................................ad. No. 96, 2010

s 441A............................................am No 132, 2007

rs No 96, 2010

am No 11, 2016

s 441B............................................am No 132, 2007; No 96, 2010; No 11, 2016

s 441C............................................rs No 96, 2010

am No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 499

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 441D...........................................am. No. 132, 2007; No. 96, 2010

s 441E ............................................am No 96, 2010; No 11, 2016

s. 441EA ........................................ad. No. 96, 2010

am. No. 35, 2011

Subdivision C

Subdivision C heading ...................ad. No. 96, 2010

s. 441EB ........................................ad. No. 96, 2010

s 441F ............................................am No 96, 2010; No 11, 2016

s 441G............................................am No 96, 2010; No 11, 2016

s 441J.............................................am No 11, 2016

s. 441JA .........................................ad. No. 132, 2007

rep. No. 96, 2010

s. 441K...........................................rep. No. 96, 2010

Division 8

s. 442B...........................................rs. No. 96, 2010

s 442C............................................am No 132, 2007; No 96, 2010; No 11, 2016

s 442CA.........................................ad No 132, 2007

am No 96, 2010

s. 442CB ........................................ad. No. 132, 2007

am. No. 96, 2010

s. 442CC ........................................ad. No. 132, 2007

am. No. 96, 2010

s. 442D...........................................am. No. 96, 2010

Division 9

Subdivision A

s. 443A...........................................am. No. 132, 2007; No. 96, 2010

s 443B............................................am No 132, 2007; No 96, 2010; No 35, 2011; No 11, 2016

s 443BA.........................................am No 123, 2001; No 101, 2006; No 79, 2010

Subdivision B

s 443D............................................am No 132, 2007; No 96, 2010; No 11, 2016

s. 443E ...........................................am. No. 132, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

500 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

rs. No. 96, 2010

s. 443F ...........................................am. No. 96, 2010

Division 10

s. 444A...........................................am. No. 132, 2007

s 444B............................................am No 132, 2007; No 11, 2016

s. 444D...........................................am. No. 132, 2007; No. 96, 2010

s. 444DA........................................ad. No. 132, 2007

s. 444DB........................................ad. No. 132, 2007

s. 444E ...........................................am. No. 96, 2010

s. 444F ...........................................am. No. 132, 2007; No. 96, 2010

s. 444GA........................................ad. No. 132, 2007

s. 444J............................................ad. No. 132, 2007

Division 11

s 445A............................................am No 11, 2016

s 445C............................................am No 132, 2007; No 11, 2016

s. 445CA........................................ad. No. 132, 2007

s 445D............................................am No 132, 2007; No 11, 2016

s 445E ............................................am No 11, 2016

s 445F ............................................am No 132, 2007

rep No 11, 2016

s. 445FA ........................................ad. No. 132, 2007

Division 11AA

Division 11AA...............................ad No 11, 2016

s 445HA.........................................ad No 11, 2016

Division 11A..................................ad No 132, 2007

rep No 11, 2016

s 445J.............................................ad No 132, 2007

rep No 11, 2016

Division 12

s 446A............................................am No 132, 2007; No 48, 2012; No 11, 2016

s 446AA.........................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 501

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 446B............................................am No 11, 2016

s. 446C...........................................ad. No. 132, 2007

am. No. 96, 2010

Division 13

s 447D............................................rep No 11, 2016

s 448E ............................................rep No 11, 2016

Division 14

s. 448B...........................................am. No. 117, 2001

s. 448C...........................................am. No. 117, 2001; No. 103, 2004; No. 132, 2007; No. 75, 2009;

No. 96, 2010

s 448D............................................rep No 11, 2016

Division 15

Division 15 heading .......................rs No 11, 2016

s 449B............................................am No 132, 2007

rep No 11, 2016

s 449C............................................am No 132, 2007; No 96, 2010; No 48, 2012; No 11, 2016

s 449CA.........................................ad No 132, 2007

am No 11, 2016

s 449D............................................rep No 11, 2016

s 449E ............................................am No 132, 2007

rep No 11, 2016

Division 16

s. 450A...........................................am. No. 132, 2007; No. 96, 2010; No. 48, 2012

s 450B............................................am No 132, 2007; No 11, 2016

s. 450C...........................................am. No. 132, 2007

s. 450D...........................................am. No. 132, 2007

s. 450E ...........................................am. No. 117, 2001; No. 132, 2007

Part 5.4

Division 1

s. 459C...........................................am. No. 96, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

502 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 2

s. 459E ...........................................am. No. 123, 2001; No. 101, 2006

Part 5.4A

s. 461 .............................................am. No. 105, 2008

s. 462 .............................................am. No. 119, 2001; No. 105, 2008

Part 5.4B

Division 1A

Division 1A....................................ad. No. 96, 2010

s. 465 .............................................ad. No. 96, 2010

Division 1

s 465A............................................am No 48, 2012; No 11, 2016

s. 466 .............................................am. No. 103, 2004

s. 467 .............................................am. No. 96, 2010

s. 468 .............................................am. No. 132, 2007

s. 468A...........................................ad. No. 132, 2007

Division 1A

s 471A............................................am No 117, 2001; No 103, 2004

rep No 11, 2016

s 471C............................................am No 96, 2010; No 11, 2016

Division 2

s 472 ..............................................am No 11, 2016

s 473 ..............................................am No 132, 2007

rs No 11, 2016

s 473A............................................ad No 11, 2016

s. 474 .............................................am. No. 96, 2010

s 475 ..............................................am No 117, 2001; No 11, 2016

s 476 ..............................................rep No 11, 2016

s 477 ..............................................am No 132, 2007; No 96, 2010; No 11, 2016

s 479 ..............................................rep No 11, 2016

s 481 ..............................................am No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 503

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 3

Subdivision A

Subdivision A heading...................ad. No. 132, 2007

s 482 ..............................................am No 132, 2007; No 75, 2009; No 11, 2016

s. 483 .............................................am. No. 103, 2004; No. 96, 2010

s. 486A...........................................am. No. 117, 2001; No. 103, 2004; No. 132, 2007

s. 486B...........................................ad. No. 132, 2007

s 488 ..............................................am No 11, 2016

Subdivision B

Subdivision B ................................ad. No. 132, 2007

s. 489A...........................................ad. No. 132, 2007

s. 489B...........................................ad. No. 132, 2007

s. 489C...........................................ad. No. 132, 2007

s 489D............................................ad No 132, 2007

am No 11, 2016

s. 489E ...........................................ad. No. 132, 2007

Part 5.4C

Part 5.4C........................................ad. No. 48, 2012

s. 489EA ........................................ad. No. 48, 2012

s. 489EB ........................................ad. No. 48, 2012

s 489EC .........................................ad No 48, 2012

am No 11, 2016

Part 5.5

Division 1A

Division 1A....................................ad. No. 96, 2010

s. 489F ...........................................ad. No. 96, 2010

Division 1

s. 490 .............................................am. No. 108, 2009

s 491 ..............................................am No 48, 2012; No 11, 2016

s. 493 .............................................am. No. 132, 2007

s. 493A...........................................ad. No. 132, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

504 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 2

s 495 ..............................................am No 132, 2007

rs No 11, 2016

s 496 ..............................................am No 117, 2001; No 132, 2007; No 11, 2016

Division 3

s 497 ..............................................am No 117, 2001; No 132, 2007; No 48, 2012

rs No 11, 2016

s 498 ..............................................am No 48, 2012

rep No 11, 2016

s 499 ..............................................am No 132, 2007; No 11, 2016

s. 500 .............................................am. No. 103, 2004; No. 96, 2010

Division 4

s 502 ..............................................rep No 11, 2016

s 503 ..............................................rep No 11, 2016

s 504 ..............................................am No 132, 2007

rep No 11, 2016

s 505 ..............................................am No 96, 2010

rep No 11, 2016

s 506 ..............................................am No 132, 2007; No 11, 2016

s 506A............................................ad No 132, 2007

rs No 11, 2016

am No 11, 2016

s 508 ..............................................am No 132, 2007

rep No 11, 2016

s 509 ..............................................am No 48, 2012

rs No 11, 2016

s 510 ..............................................am No 96, 2010

s 511 ..............................................rep No 11, 2016

s 512 ..............................................rep No 132, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 505

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 5.6

Division 1

s. 513AA........................................ad. No. 96, 2010

Division 1A

s 513B............................................am No 11, 2016

Division 3

s. 530 .............................................ad. No. 132, 2007

s. 530AA........................................ad. No. 132, 2007

s. 530A...........................................am. No. 117, 2001; No. 103, 2004

s. 530B...........................................am. No. 117, 2001

s 531 ..............................................rep No 11, 2016

s 532 ..............................................am No 117, 2001; No 103, 2004; No 75, 2009; No 96, 2010; No 11,

2016

s. 533 .............................................am. No. 103, 2004; No. 132, 2007

s. 534 .............................................am. No. 96, 2010

s 536 ..............................................rep No 11, 2016

s 538 ..............................................am No 132, 2007

rep No 11, 2016

s 539 ..............................................am No 132, 2007

rep No 11, 2016

s 540 ..............................................rep No 11, 2016

Division 4

s 541 ..............................................am No 117, 2001

s 542 ..............................................rep No 11, 2016

s 546 ..............................................rep No 11, 2016

s 547 ..............................................rep No 11, 2016

Division 5 ......................................rep No 11, 2016

s 548 ..............................................am No 132, 2007

rep No 11, 2016

s 548A............................................ad No 132, 2007

rep No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

506 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 549 ..............................................am No 132, 2007

rep No 11, 2016

s 550 ..............................................am No 132, 2007

rep No 11, 2016

s 551 ..............................................rep No 11, 2016

s 552 ..............................................rep No 11, 2016

Division 6

Subdivision A

s 553 ..............................................am No 132, 2007; No 11, 2016

s. 553AB ........................................ad. No. 132, 2007

am. No. 99, 2012

s. 553E ...........................................am. No. 96, 2010

Subdivision C

s. 554E ...........................................am. No. 96, 2010

s. 554F ...........................................am. No. 96, 2010

s. 554G...........................................am. No. 96, 2010

s. 554J............................................am. No. 96, 2010

Subdivision D

s 556 ..............................................am No 132, 2007; No 144, 2008; No 99, 2012; No 61, 2013; No 11,

2016

s. 560 .............................................rs. No. 132, 2007

s. 561 .............................................am. No. 96, 2010

s. 563A...........................................rs. No. 150, 2010

Subdivision E

s. 563B...........................................am. No. 150, 2010

Division 7

s. 565 .............................................am. No. 132, 2007

Division 7A

s. 568 .............................................am. No. 96, 2010

s. 568A...........................................am. No. 132, 2007; No. 48, 2012

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Endnote 4—Amendment history

Corporations Act 2001 507

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 8

Division 8 ......................................ad. No. 132, 2007

Subdivision A

s. 571 .............................................ad. No. 132, 2007

am. No. 96, 2010

s. 572 .............................................ad. No. 132, 2007

s. 573 .............................................ad. No. 132, 2007

s 574 ..............................................ad No 132, 2007

rep No 11, 2016

s 575 ..............................................ad No 132, 2007

rep No 11, 2016

s 576 ..............................................ad No 132, 2007

rep No 11, 2016

s 577 ..............................................ad No 132, 2007

am No 11, 2016

s 578 ..............................................ad No 132, 2007

am No 11, 2016

s 579 ..............................................ad No 132, 2007

am No 11, 2016

s 579A............................................ad No 132, 2007

am No 11, 2016

s 579B............................................ad No 132, 2007

am No 11, 2016

s 579C............................................ad No 132, 2007

am No 11, 2016

s. 579D...........................................ad. No. 132, 2007

Subdivision B

s. 579E ...........................................ad. No. 132, 2007

am. No. 96, 2010

s. 579F ...........................................ad. No. 132, 2007

s. 579G...........................................ad. No. 132, 2007

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Endnotes

Endnote 4—Amendment history

508 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 579H...........................................ad. No. 132, 2007

s. 579J............................................ad. No. 132, 2007

am. No. 5, 2011

s. 579K...........................................ad. No. 132, 2007

am. No. 5, 2011

s 579L............................................ad No 132, 2007

am No 11, 2016

Subdivision C

s. 579M..........................................ad. No. 132, 2007

s. 579N...........................................ad. No. 132, 2007

s. 579P ...........................................ad. No. 132, 2007

s. 579Q...........................................ad. No. 132, 2007

Part 5.7

s. 585 .............................................am. No. 103, 2004

s. 588 .............................................am. No. 74, 2007; No. 96, 2010

Part 5.7B

Division 1

s. 588C...........................................ad. No. 96, 2010

s. 588E ...........................................am. No. 96, 2010

s. 588F ...........................................am. No. 123, 2001; No. 101, 2006

Division 2

s. 588FDA......................................ad. No. 25, 2003

s. 588FE.........................................am. No. 25, 2003; No. 132, 2007

s. 588FF .........................................am. No. 25, 2003; No. 132, 2007

s. 588FG ........................................am. No. 25, 2003

s 588FGA.......................................am No 123, 2001; No 101, 2006; No 99, 2012; No 11, 2016

s. 588FJ..........................................am. No. 96, 2010

Division 2A

Division 2A....................................ad. No. 96, 2010

s. 588FK ........................................ad. No. 96, 2010

s. 588FL.........................................ad. No. 96, 2010

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Endnotes

Endnote 4—Amendment history

Corporations Act 2001 509

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 35, 2011

s. 588FM........................................ad. No. 96, 2010

am. No. 35, 2011

s. 588FN ........................................ad. No. 96, 2010

am. No. 35, 2011

s. 588FO ........................................ad. No. 96, 2010

Division 2B

Division 2B....................................ad. No. 96, 2010

s. 588FP .........................................ad. No. 96, 2010

Division 3

s. 588G...........................................am. No. 117, 2001

Part 5.8

s. 589 .............................................am. No. 96, 2010; No. 48, 2012

s. 590 .............................................am. No. 117, 2001; No. 103, 2004

s. 592 .............................................am. No. 117, 2001

s. 593 .............................................am. No. 96, 2010

s. 595 .............................................am. No. 117, 2001; No. 132, 2007

s. 596 .............................................am. No. 117, 2001; No. 103, 2004; No. 96, 2010

Part 5.8A

s 596AA.........................................am No 61, 2013

Part 5.9

Division 1

s. 596A...........................................am. No. 103, 2004

s. 597 .............................................am. No. 117, 2001

s. 597A...........................................am. No. 117, 2001; No. 132, 2007

Division 3

s 599 ..............................................ad No 11, 2016

s 600AA.........................................ad No 48, 2012

s 600A............................................rep No 11, 2016

s 600B............................................rep No 11, 2016

s 600C............................................rep No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

510 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 600D............................................rep No 11, 2016

s 600E ............................................rep No 11, 2016

s 600G............................................ad No 132, 2007

am No 11, 2016

s 600H............................................ad No 150, 2010

s 600J.............................................ad No 11, 2016

Division 4

Division 4 ......................................ad No 11, 2016

s 600K............................................ad No 11, 2016

Chapter 5A

Part 5A.1

s. 601 .............................................ad. No. 96, 2010

s. 601AA........................................am. No. 48, 2012

s 601AB.........................................am No 24, 2003; No 48, 2012; No 45, 2017

s 601AC.........................................am No 11, 2016

s 601AD.........................................am No 117, 2001; No 74, 2007; No 11, 2016

s. 601AE ........................................am. No. 74, 2007; No. 96, 2010; No 36, 2015

s. 601AF ........................................am. No. 74, 2007

s 601AH.........................................am No 74, 2007; No 48, 2012; No 45, 2017

Part 5A.2

s. 601AI .........................................am. No. 126, 2006

s. 601AJ .........................................am. No. 126, 2006

s. 601AK........................................am. No. 126, 2006

s. 601AL ........................................am. No. 126, 2006

Chapter 5B

Part 5B.1

Division 1

s 601BC .........................................am No 117, 2001; No 24, 2003; No 96, 2010; No 11, 2016

s. 601BH........................................am. No. 117, 2001

s. 601BJ .........................................am. No. 117, 2001

s. 601BK........................................am. No. 117, 2001; No. 96, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 511

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 2

s. 601BM .......................................am. No. 96, 2010

s. 601BP.........................................am. No. 117, 2001

s. 601BR ........................................am. No. 117, 2001

Part 5B.2

Division 1A

Division 1A....................................ad. No. 96, 2010

s. 601C...........................................ad. No. 96, 2010

Division 1

s. 601CB ........................................am. No. 96, 2010

Division 2

s. 601CDA .....................................ad. No. 85, 2007

s. 601CE ........................................am. No. 96, 2010

Division 3

s. 601CTA......................................ad. No. 85, 2007

s. 601CW .......................................am. No. 117, 2001

Division 4

s. 601CZB......................................am. No. 117, 2001

s. 601CZC......................................am. No. 117, 2001

Part 5B.3

s. 601DC........................................am. No. 127, 2011

s. 601DD........................................am. No. 117, 2001; No. 127, 2011

s. 601DE ........................................am. No. 117, 2001; No. 24, 2003

s. 601DH........................................am. No. 117, 2001

Chapter 5C

Part 5C.1

s. 601EC ........................................rs. No. 24, 2003

s. 601ED ........................................am. Nos. 55 and 122, 2001

Part 5C.2

Division 1

s. 601FA ........................................am. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

512 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 601FC.........................................am. Nos. 55 and 117, 2001; No. 101, 2007; No. 180, 2012

s. 601FD ........................................am. Nos. 55, 117 and 122, 2001

s. 601FE.........................................am. No. 55, 2001

s. 601FF .........................................am. No. 117, 2001

s. 601FG ........................................am. No. 55, 2001

Part 5C.4

s. 601HD........................................am. No. 117, 2001

s. 601HG........................................am. No. 117, 2001; No. 103, 2004; No. 101, 2007; No. 72, 2012

Part 5C.5

s. 601JA .........................................am. No. 117, 2001; No. 103, 2004; No. 144, 2008

s. 601JB .........................................am. No. 117, 2001; No. 103, 2004; No. 144, 2008

s. 601JD .........................................am. Nos. 55 and 117, 2001

Part 5C.6

s. 601KA........................................am. No. 117, 2001

Part 5C.8

s. 601MB .......................................am. No. 122, 2001

Part 5C.10

s. 601PA ........................................am. No. 122, 2001

s. 601PB.........................................am. No. 24, 2003

Chapter 5D

Chapter 5D.....................................ad. No. 108, 2009

Part 5D.1

s. 601RAA .....................................ad. No. 108, 2009

s. 601RAB .....................................ad. No. 108, 2009

am. No. 24, 2011

s. 601RAC .....................................ad. No. 108, 2009

s. 601RAD .....................................ad. No. 108, 2009

s. 601RAE......................................ad. No. 108, 2009

Part 5D.2

Division 1

s. 601SAA......................................ad. No. 108, 2009

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 513

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 601SAB......................................ad. No. 108, 2009

s. 601SAC......................................ad. No. 108, 2009

Division 2

s. 601SBA......................................ad. No. 108, 2009

s. 601SBB ......................................ad. No. 108, 2009

s. 601SBC ......................................ad. No. 108, 2009

Division 3

s. 601SCA......................................ad. No. 108, 2009

am. No. 24, 2011

s. 601SCAA...................................ad. No. 24, 2011

s. 601SCB ......................................ad. No. 108, 2009

s. 601SCC ......................................ad. No. 108, 2009

s. 601SCD......................................ad. No. 24, 2011

Part 5D.3

Division 1

s. 601TAA .....................................ad. No. 108, 2009

am No. 171, 2012

s. 601TAB......................................ad. No. 108, 2009

am. No. 24, 2011

Division 2

s. 601TBA......................................ad. No. 108, 2009

s. 601TBB......................................ad. No. 108, 2009

s. 601TBC......................................ad. No. 108, 2009

s. 601TBD......................................ad. No. 108, 2009

s. 601TBE......................................ad. No. 108, 2009

am. No. 24, 2011

Division 3

s. 601TCA......................................ad. No. 108, 2009

s. 601TCB......................................ad. No. 24, 2011

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

514 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 4

Subdivision A

s. 601TDA .....................................ad. No. 108, 2009

s. 601TDB......................................ad. No. 108, 2009

s. 601TDC......................................ad. No. 108, 2009

s. 601TDD .....................................ad. No. 108, 2009

s. 601TDE......................................ad. No. 108, 2009

s. 601TDF ......................................ad. No. 108, 2009

Subdivision B

s. 601TDG .....................................ad. No. 108, 2009

s. 601TDH .....................................ad. No. 108, 2009

s. 601TDI.......................................ad. No. 108, 2009

s. 601TDJ.......................................ad. No. 108, 2009

Division 5

s. 601TEA......................................ad. No. 108, 2009

s. 601TEB ......................................ad. No. 108, 2009

Part 5D.4

s. 601UAA.....................................ad. No. 108, 2009

s. 601UAB .....................................ad. No. 108, 2009

Part 5D.5

Division 1

s. 601VAA.....................................ad. No. 108, 2009

s. 601VAB .....................................ad. No. 108, 2009

s. 601VAC .....................................ad. No. 108, 2009

s. 601VAD.....................................ad. No. 108, 2009

Division 2

s. 601VBA .....................................ad. No. 108, 2009

s. 601VBB .....................................ad. No. 108, 2009

s. 601VBC .....................................ad. No. 108, 2009

s. 601VBD .....................................ad. No. 108, 2009

s. 601VBE......................................ad. No. 108, 2009

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 515

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 601VBF......................................ad. No. 108, 2009

s. 601VBG .....................................ad. No. 108, 2009

s. 601VBH .....................................ad. No. 108, 2009

s. 601VBI.......................................ad. No. 108, 2009

Division 3

s. 601VCA .....................................ad. No. 108, 2009

s. 601VCB .....................................ad. No. 108, 2009

s. 601VCC .....................................ad. No. 108, 2009

Part 5D.6

Part 5D.6 heading ..........................rs. No. 24, 2011

Division 1

s. 601WAA ....................................ad. No. 108, 2009

am. No. 24, 2011

Division 2

s. 601WBA ....................................ad. No. 108, 2009

am. No. 24, 2011

s. 601WBB.....................................ad. No. 108, 2009

s. 601WBC.....................................ad. No. 108, 2009

s. 601WBD ....................................ad. No. 108, 2009

s. 601WBE.....................................ad. No. 108, 2009

am. No. 24, 2011

s. 601WBF.....................................ad. No. 108, 2009

am. No. 24, 2011

s. 601WBG ....................................ad. No. 108, 2009

am. No. 24, 2011

s. 601WBH ....................................ad. No. 108, 2009

s. 601WBI......................................ad. No. 108, 2009

am. No. 24, 2011

s. 601WBJ......................................ad. No. 108, 2009

s. 601WBK ....................................ad. No. 108, 2009

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

516 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 3

s. 601WCA ....................................ad. No. 108, 2009

s. 601WCB.....................................ad. No. 108, 2009

s. 601WCC.....................................ad. No. 108, 2009

s. 601WCD ....................................ad. No. 108, 2009

s. 601WCE.....................................ad. No. 108, 2009

s. 601WCF.....................................ad. No. 108, 2009

s. 601WCG ....................................ad. No. 108, 2009

s. 601WCH ....................................ad. No. 108, 2009

Division 4

s. 601WDA ....................................ad. No. 108, 2009

am. No. 24, 2011

Part 5D.7

Part 5D.7 heading ..........................rs. No. 24, 2011

s. 601XAA.....................................ad. No. 108, 2009

s. 601XAB .....................................ad. No. 24, 2011

Part 5D.8

s. 601YAA.....................................ad. No. 108, 2009

s. 601YAB .....................................ad. No. 108, 2009

Chapter 6

s. 602A...........................................ad. No. 64, 2007

Part 6.1

s. 606 .............................................am. No. 117, 2001

s. 609 .............................................am. No. 122, 2001; No. 96, 2010

s. 610 .............................................am. No. 122, 2001

Part 6.2

s 611 ..............................................am No 122, 2001; No 96, 2010; No 17, 2017

Part 6.4

Division 1

s. 618 .............................................am. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 517

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 2

s. 621 .............................................am. No. 122, 2001

s. 622 .............................................am. No. 117, 2001

s. 623 .............................................am. No. 117, 2001

Division 3

s. 624 .............................................am. No. 117, 2001

Division 4

s. 625 .............................................am. No. 122, 2001

s. 628 .............................................am. No. 103, 2004

s. 629 .............................................am. No. 122, 2001

s. 630 .............................................am. Nos. 117 and 122, 2001

Part 6.5

Division 1

s. 631 .............................................am. No. 117, 2001

s. 632 .............................................am. No. 122, 2001

s. 633 .............................................am. Nos. 117 and 122, 2001

s. 634 .............................................am. No. 122, 2001

s. 635 .............................................am. Nos. 117 and 122, 2001; No. 5, 2011

Division 2

s. 636 .............................................am. Nos. 117 and 122, 2001; No 100, 2014

s. 637 .............................................am. No. 117, 2001

Division 3

s. 638 .............................................am. No. 117, 2001

s. 639 .............................................am. No. 117, 2001

s. 640 .............................................am. No. 117, 2001

s. 641 .............................................am. No. 117, 2001

Division 4

s. 643 .............................................am. No. 117, 2001

s. 644 .............................................am. No. 117, 2001

s. 647 .............................................am. Nos. 117 and 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

518 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 5

Subdivision A

s. 648A...........................................am. No. 117, 2001

Subdivision C

s. 648E ...........................................am. Nos. 117 and 122, 2001

s. 648G...........................................am. No. 117, 2001

s. 648H...........................................am. No. 122, 2001

Subdivision D ................................ad No 122, 2001

rep No 101, 2007

ss. 648J– 648N...............................ad. No. 122, 2001

rep. No. 101, 2007

ss. 648P–648U...............................ad. No. 122, 2001

rep. No. 101, 2007

Part 6.6

Division 1

s. 649B...........................................am. No. 122, 2001

s. 649C...........................................am. Nos. 117 and 122, 2001

Division 2

s. 650B...........................................am. Nos. 117 and 122, 2001

s. 650E ...........................................am. Nos. 117 and 122, 2001

s. 650F ...........................................am. Nos. 117 and 122, 2001

Division 3

s. 651A...........................................am. No. 117, 2001

s. 651C...........................................am. No. 117, 2001

Part 6.7

s. 652C...........................................am. Nos. 117 and 122, 2001; No. 96, 2010

Part 6.8

s. 653A...........................................am. No. 122, 2001

s. 653B...........................................am. No. 122, 2001

Part 6.9

s. 654A...........................................am. No. 117, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 519

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 654C...........................................am. No. 117, 2001

Part 6.10

Division 2

Division 2 heading.........................rs. No. 122, 2001

Subdivision B

s. 657A...........................................am. No. 64, 2007

s. 657D...........................................am. No. 64, 2007

s. 657EA ........................................am. No. 64, 2007

s. 657F ...........................................am. No. 117, 2001

Chapter 6A

Part 6A.1

Division 1

s. 661B...........................................am. Nos. 117 and 122, 2001

s. 661C...........................................am. No. 122, 2001

s. 661D...........................................am. No. 117, 2001

Division 2

s. 662A...........................................am. No. 117, 2001

s. 662B...........................................am. No. 122, 2001

Division 3

s. 663A...........................................am. No. 117, 2001

s. 663B...........................................am. No. 122, 2001

Part 6A.2

Division 1

s. 664B...........................................am. No. 122, 2001

s. 664C...........................................am. No. 122, 2001

s. 664D...........................................am. No. 117, 2001

s. 664E ...........................................am. Nos. 117 and 122, 2001

Division 2

s. 665A...........................................am. No. 117, 2001

s. 665B...........................................am. No. 122, 2001

Division 3 ......................................rep. No. 101, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

520 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

ss. 665D, 665E...............................am. No. 117, 2001

rep. No. 101, 2007

Part 6A.3

s. 666A...........................................am. No. 117, 2001

s. 666B...........................................am. No. 117, 2001

Part 6A.4

s. 667A...........................................am. No. 117, 2001

Part 6A.5

s. 668A...........................................am. No. 117, 2001

s. 668B...........................................am. No. 117, 2001

Chapter 6B

s. 670A...........................................am. No. 5, 2011

s. 670B...........................................am. No. 5, 2011

s. 670C...........................................am. Nos. 117 and 122, 2001

Chapter 6C

Part 6C.1

s. 671B...........................................am. Nos. 117 and 122, 2001

Part 6C.2

s. 672B...........................................am. No. 117, 2001

s. 672DA........................................ad. No. 103, 2004

Chapter 6CA

Chapter 6CA..................................ad. No. 122, 2001

s. 674 .............................................ad. No. 122, 2001

am. No. 103, 2004

s. 675 .............................................ad. No. 122, 2001

am. No. 103, 2004; No. 85, 2007; No. 101, 2007

s. 676 .............................................ad. No. 122, 2001

s. 677 .............................................ad. No. 122, 2001

s. 678 .............................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 521

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Chapter 6D

Part 6D.1

s. 700 .............................................am. No. 122, 2001; No. 101, 2007; No. 155, 2012; No 100, 2014

s. 701 .............................................rep. No. 122, 2001

s. 703A...........................................ad. No. 122, 2001

Part 6D.2

Part 6D.2 heading ..........................rs No 17, 2017

Division 1

s 703B............................................ad No 17, 2017

s 704 ..............................................am No 103, 2004; No 101, 2007; No 17, 2017

s. 705 .............................................am. No. 101, 2007; No 100, 2014

Division 2

s 706 ..............................................am No 101, 2007; No 17, 2017

s. 707 .............................................am. No. 122, 2001; No. 103, 2004

s 708 ..............................................am No 122, 2001; No 103, 2004; No 101, 2007; No 132, 2007; No 75,

2009; No 100, 2014; No 11, 2016

s. 708AA........................................ad. No. 101, 2007

s. 708A...........................................ad. No. 103, 2004

am. No. 101, 2007

Division 3

s 709 ..............................................am. No 101, 2007; No 100, 2014

Division 4

s. 710 .............................................am. No. 122, 2001; No 100, 2014

s. 711 .............................................am. No. 122, 2001; No 100, 2014

s 712 ..............................................am No 100, 2014

s 713 ..............................................am No 122, 2001; No 103, 2004; No 101, 2007; No 100, 2014

s 713A............................................ad No 100, 2014

s 713B............................................ad No 100, 2014

s 713C............................................ad No 100, 2014

s 713D............................................ad No 100, 2014

s 713E ............................................ad No 100, 2014

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

522 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 715A...........................................ad. No. 103, 2004

s 716 ..............................................am No 100, 2014

Division 5

s 717 ..............................................am No 100, 2014

s 718 ..............................................am No 100, 2014

s 719 ..............................................am No 103, 2004; No 100, 2014

s 719A............................................ad No 100, 2014

s 720 ..............................................am No 122, 2001; No 100, 2014

s. 721 .............................................am. No. 117, 2001

s. 722 .............................................am. No. 117, 2001

s. 723 .............................................am. Nos. 117 and 122, 2001

s 724 ..............................................am No 117 and 122, 2001; No 100, 2014

s. 725 .............................................am. No. 117, 2001

Part 6D.3

Part 6D.3 heading ..........................rs No 17, 2017

Division 1A

Division 1A....................................ad No 17, 2017

s 725A............................................ad No 17, 2017

Division 1

s. 726 .............................................rs. No. 122, 2001

s 727 ..............................................am No 103, 2004; No 101, 2007; No 100, 2014

s 728 ..............................................am No 5, 2011; No 100, 2014

s 729 ..............................................am No 5, 2011; No 100, 2014

s 730 ..............................................am No 117, 2001; No 100, 2014

s 734 ..............................................am No 117, 2001; No 122, 2001; No 85, 2007; No 101, 2007; No 17,

2017

s. 735 .............................................am. No. 117, 2001

s. 736 .............................................am. No. 117, 2001; No. 101, 2007

Part 6D.3A

Part 6D.3A.....................................ad No 17, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 523

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 1

s 738A............................................ad No 17, 2017

s 738B............................................ad No 17, 2017

s 738C............................................ad No 17, 2017

s 738D............................................ad No 17, 2017

s 738E ............................................ad No 17, 2017

s 738F ............................................ad No 17, 2017

Division 2

s 738G............................................ad No 17, 2017

s 738H............................................ad No 17, 2017

Division 3

s 738J.............................................ad No 17, 2017

s 738K............................................ad No 17, 2017

s 738L............................................ad No 17, 2017

s 738M...........................................ad No 17, 2017

s 738N............................................ad No 17, 2017

s 738P ............................................ad No 17, 2017

s 738Q............................................ad No 17, 2017

s 738R............................................ad No 17, 2017

s 738S ............................................ad No 17, 2017

s 738T............................................ad No 17, 2017

Division 4

s 738U............................................ad No 17, 2017

s 738V............................................ad No 17, 2017

s 738W...........................................ad No 17, 2017

s 738X............................................ad No 17, 2017

s 738Y............................................ad No 17, 2017

s 738Z............................................ad No 17, 2017

Division 5

s 738ZA .........................................ad No 17, 2017

s 738ZB .........................................ad No 17, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

524 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 6

s 738ZC .........................................ad No 17, 2017

s 738ZD .........................................ad No 17, 2017

s 738ZE..........................................ad No 17, 2017

Division 7

s 738ZF..........................................ad No 17, 2017

s 738ZG .........................................ad No 17, 2017

s 738ZH .........................................ad No 17, 2017

s 738ZI...........................................ad No 17, 2017

s 738ZJ...........................................ad No 17, 2017

Part 6D.4

s 739 ..............................................am No 103, 2004; No 101, 2007; No 17, 2017

s 740 ..............................................am No 17, 2017

Part 6D.5

Part 6D.5........................................ad. No. 122, 2001

s. 742 .............................................ad. No. 122, 2001

Chapter 7

Chapter 7 .......................................rs. No. 122, 2001

Part 7.1

s. 760 .............................................rep. No. 122, 2001

Division 1

s. 760A...........................................ad. No. 122, 2001

s. 760B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 108, 2009; No. 26, 2010; Nos. 67 and 178,

2012

s. 761 .............................................rep. No. 122, 2001

Division 2

s 761A............................................ad No 122, 2001

am No 141, 2003; No 101, 2007; No 45, 2008; No 108, 2009; No 26,

2010; No 131, 2010; No 155, 2012; No 171, 2012; No 178, 2012;

No 100, 2014; No 70, 2015; No 17, 2017; No 25, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 525

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 761B...........................................ad. No. 122, 2001

s. 761C...........................................ad. No. 122, 2001

s. 761CA........................................ad. No. 122, 2001

s. 761D...........................................ad. No. 122, 2001

s 761E ............................................ad No 122, 2001

am No 141, 2003; No 45, 2008; No 108, 2009; No 70, 2015

s. 761EA ........................................ad. No. 108, 2009

s. 761F ...........................................ad. No. 122, 2001

s. 761FA ........................................ad. No. 122, 2001

s 761G............................................ad No 122, 2001

am No 101, 2007; No 108, 2009; No 17, 2017

s 761GA.........................................ad No 101, 2007

am No 108, 2009; No 17, 2017

s. 761H...........................................ad. No. 122, 2001

s. 762 .............................................rep. No. 122, 2001

Division 3

Subdivision A

s. 762A...........................................ad. No. 122, 2001

s. 762B...........................................ad. No. 122, 2001

s. 762C...........................................ad. No. 122, 2001

s. 763 .............................................rep. No. 122, 2001

Subdivision B

s. 763A...........................................ad. No. 122, 2001

s. 763B...........................................ad. No. 122, 2001

s. 763C...........................................ad. No. 122, 2001

s. 763D...........................................ad. No. 122, 2001

s. 763E ...........................................ad. No. 122, 2001

s. 764 .............................................rep. No. 122, 2001

Subdivision C

s 764A............................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

526 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am No 141, 2003; No 45, 2008; No 54, 2009; No 108, 2009; No 102,

2011; No 132, 2011; No 83, 2014; No 70, 2015

s. 765 .............................................rep. No. 122, 2001

Subdivision D

s. 765A...........................................ad. No. 122, 2001

am. No. 32, 2007; No. 54, 2008; Nos. 54 and 108, 2009; No. 178, 2012

s. 766 .............................................rep. No. 122, 2001

Division 4

s 766A............................................ad No 122, 2001

am No 108, 2009; No 17, 2017

s. 766B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 170, 2006; No. 114, 2009

s 766C............................................ad No 122, 2001

am No 141, 2003; No 17, 2017

s. 766D...........................................ad. No. 122, 2001

s 766E ............................................rs. No. 122, 2001

am No 141, 2003; No 45, 2008; No 70, 2015

s 766F ............................................rep No 122, 2001

ad No 17, 2017

s 766G............................................rep No 122, 2001

s 766H............................................rep No 122, 2001

s 766I .............................................rep No 122, 2001

Division 3 ......................................ad. No. 55, 2001

rep. No. 122, 2001

s. 766J............................................ad. No. 55, 2001

rep. No. 122, 2001

s. 767 .............................................rep. No. 122, 2001

Division 5

s. 767A...........................................ad. No. 122, 2001

Division 6

s. 768A...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 527

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 769 .............................................rep. No. 122, 2001

Division 7

s. 769A...........................................rs. Nos. 122 and 146, 2001

s. 769B...........................................rs. No. 122, 2001

am. No. 68, 2012

s. 769C...........................................rs. No. 122, 2001

s. 769D...........................................rep. No. 122, 2001

s. 770 .............................................rep. No. 122, 2001

ss. 770A–770C...............................rep. No. 122, 2001

ss. 771, 772 ....................................rep. No. 122, 2001

ss. 772A, 772B...............................rep. No. 122, 2001

ss. 773–779 ....................................rep. No. 122, 2001

s 779A–779H.................................rep. No. 122, 2001

s. 779J............................................rep. No. 122, 2001

ss. 780–790 ....................................rep. No. 122, 2001

Part 7.2

Division 1

s. 790A...........................................ad. No. 122, 2001

s. 791 .............................................rep. No. 122, 2001

Division 2

s. 791A...........................................ad. No. 122, 2001

s. 791B...........................................ad. No. 122, 2001

s 791C............................................ad No 122, 2001

rs No 17, 2017

s. 791D...........................................ad. No. 122, 2001

s. 792 .............................................rep. No. 122, 2001

Division 3

Subdivision A

s. 792A...........................................ad. No. 122, 2001

am. No. 26, 2010

s. 792B...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

528 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 103, 2004

s. 792C...........................................ad. No. 122, 2001

s. 792D...........................................ad. No. 122, 2001

s. 792E ...........................................ad. No. 122, 2001

s. 792F ...........................................ad. No. 122, 2001

s. 792G...........................................ad. No. 122, 2001

s. 792H...........................................ad. No. 122, 2001

s. 792I ............................................ad. No. 122, 2001

s. 793 .............................................rep. No. 122, 2001

Subdivision B

s. 793A...........................................ad. No. 122, 2001

s. 793B...........................................ad. No. 122, 2001

am. No. 26, 2010; No. 178, 2012; No 25, 2017

s. 793C...........................................ad. No. 122, 2001

s. 793D...........................................ad. No. 122, 2001

s. 793E ...........................................ad. No. 122, 2001

s. 794 .............................................rep. No. 122, 2001

Subdivision C

s. 794A...........................................ad. No. 122, 2001

s. 794B...........................................ad. No. 122, 2001

s. 794C...........................................ad. No. 122, 2001

am. No. 41, 2003; No 59, 2013

s. 794D...........................................ad. No. 122, 2001

s. 794E ...........................................ad. No. 122, 2001

s. 795 .............................................rep. No. 122, 2001

Division 4

Subdivision A

s. 795A...........................................ad. No. 122, 2001

s. 795B...........................................ad. No. 122, 2001

am. No. 26, 2010

s. 795C...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 529

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 795D...........................................ad. No. 122, 2001

s. 795E ...........................................ad. No. 122, 2001

Subdivision B

s. 796A...........................................ad. No. 122, 2001

Subdivision C

s. 797A...........................................ad. No. 122, 2001

s 797B............................................ad No 122, 2001

am No 11, 2016; No 45, 2017

s. 797C...........................................ad. No. 122, 2001

s. 797D...........................................ad. No. 122, 2001

s. 797E ...........................................ad. No. 122, 2001

s. 797F ...........................................ad. No. 122, 2001

s. 797G...........................................ad. No. 122, 2001

s. 798 .............................................rep. No. 122, 2001

Division 5

s. 798A...........................................ad. No. 122, 2001

s. 798B...........................................ad. No. 122, 2001

s. 798C...........................................ad. No. 122, 2001

rs. No. 101, 2007

s. 798D...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 798DA........................................ad. No. 101, 2007

s. 798E ...........................................ad. No. 122, 2001

Part 7.2A

Part 7.2A........................................ad. No. 26, 2010

s. 798F ...........................................ad. No. 26, 2010

s. 798G...........................................ad. No. 26, 2010

s. 798H...........................................ad. No. 26, 2010

am. No. 178, 2012

s. 798J............................................ad. No. 26, 2010

s. 798K...........................................ad. No. 26, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

530 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 798L ...........................................ad. No. 26, 2010

s 798M...........................................ad No 17, 2017

s. 799 .............................................rep. No. 122, 2001

s. 799A...........................................rep. No. 122, 2001

ss. 800–820 ....................................rep. No. 122, 2001

Part 7.3

Division 1

s. 820A...........................................ad. No. 122, 2001

s. 820B...........................................ad. No. 122, 2001

s 820C............................................ad No 122, 2001

rs No 17, 2017

s. 820D...........................................ad. No. 122, 2001

s. 821 .............................................rep. No. 122, 2001

Division 2

Subdivision A

s. 821A...........................................ad. No. 122, 2001

s. 821B...........................................ad. No. 122, 2001

am. No. 103, 2004

s. 821BA........................................ad. No. 122, 2001

s. 821C...........................................ad. No. 122, 2001

s. 821D...........................................ad. No. 122, 2001

s. 821E ...........................................ad. No. 122, 2001

s. 821F ...........................................ad. No. 122, 2001

s. 822 .............................................rep. No. 122, 2001

Subdivision B

s. 822A...........................................ad. No. 122, 2001

s. 822B...........................................ad. No. 122, 2001

am. No. 178, 2012; No 25, 2017

s. 822C...........................................ad. No. 122, 2001

s. 822D...........................................ad. No. 122, 2001

s. 822E ...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 531

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision C

s. 823A...........................................ad. No. 122, 2001

s. 823B...........................................ad. No. 122, 2001

s. 823C...........................................ad. No. 122, 2001

am. No. 41, 2003; No 59, 2013

s. 823CA........................................ad. No. 122, 2001

am. No. 41, 2003; No 59, 2013

s. 823D...........................................ad. No. 122, 2001

s. 823E ...........................................ad. No. 122, 2001

s. 824 .............................................rep. No. 122, 2001

Division 3

Subdivision A

s. 824A...........................................ad. No. 122, 2001

s. 824B...........................................ad. No. 122, 2001

s. 824C...........................................ad. No. 122, 2001

s. 824D...........................................ad. No. 122, 2001

s. 824E ...........................................ad. No. 122, 2001

s. 825 .............................................rep. No. 122, 2001

Subdivision B

s. 825A...........................................rs. No. 122, 2001

s. 826 .............................................rep. No. 122, 2001

Subdivision C

s. 826A...........................................ad. No. 122, 2001

s 826B............................................ad No 122, 2001

am No 11, 2016; No 45, 2017

s. 826C...........................................ad. No. 122, 2001

s. 826D...........................................ad. No. 122, 2001

s. 826E ...........................................ad. No. 122, 2001

s. 826F ...........................................ad. No. 122, 2001

s. 826G...........................................ad. No. 122, 2001

s. 827 .............................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

532 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 4

s. 827A...........................................ad. No. 122, 2001

s. 827B...........................................ad. No. 122, 2001

s. 827C...........................................ad. No. 122, 2001

s. 827D...........................................ad. No. 122, 2001

am. No. 5, 2011; No. 178, 2012

ss. 828–839 ....................................rep. No. 122, 2001

ss. 841–850 ....................................rep. No. 122, 2001

Part 7.4

Division 1

Subdivision A

s. 850A...........................................ad. No. 122, 2001

s. 850B...........................................ad. No. 122, 2001

am. No. 154, 2007

s. 850C...........................................ad. No. 122, 2001

s. 850D...........................................ad. No. 122, 2001

s. 850E ...........................................ad. No. 122, 2001

s. 851 .............................................rep. No. 122, 2001

Subdivision B

s. 851A...........................................ad. No. 122, 2001

s. 851B...........................................ad. No. 122, 2001

s. 851C...........................................ad. No. 122, 2001

s. 851D...........................................ad. No. 122, 2001

s. 851E ...........................................ad. No. 122, 2001

s. 851F ...........................................ad. No. 122, 2001

s. 851G...........................................ad. No. 122, 2001

s. 851H...........................................ad. No. 122, 2001

s. 851I ............................................ad. No. 122, 2001

s. 852 .............................................rep. No. 122, 2001

Subdivision C

s. 852A...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 533

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 852B...........................................ad. No. 122, 2001

s. 853 .............................................rep. No. 122, 2001

Division 2

s. 853A...........................................ad. No. 122, 2001

s. 853B...........................................ad. No. 122, 2001

am. No. 103, 2004; No. 178, 2012

s. 853C...........................................ad. No. 122, 2001

am. No. 178, 2012

s. 853D...........................................ad. No. 122, 2001

am. No. 178, 2012

s. 853E ...........................................ad. No. 122, 2001

s. 853F ...........................................ad. No. 122, 2001

am. No. 178, 2012

s. 853G...........................................ad. No. 122, 2001

am. No. 178, 2012

s. 854 .............................................rep. No. 122, 2001

Division 3

s. 854A...........................................ad. No. 122, 2001

am. No. 178, 2012

s. 854B...........................................ad. No. 122, 2001

am. No. 141, 2003

ss. 855–865 ....................................rep. No. 122, 2001

s. 865A...........................................rep. No. 122, 2001

ss. 866–880 ....................................rep. No. 122, 2001

Part 7.5

Division 1

s. 880A...........................................ad. No. 122, 2001

s. 880B...........................................ad. No. 122, 2001

s. 881 .............................................rep. No. 122, 2001

Division 2

s. 881A...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

534 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 881B...........................................ad. No. 122, 2001

s. 881C...........................................ad. No. 122, 2001

s. 881D...........................................ad. No. 122, 2001

s. 882 .............................................rep. No. 122, 2001

Division 3

Subdivision A

s. 882A...........................................ad. No. 122, 2001

s. 882B...........................................ad. No. 122, 2001

s. 882C...........................................ad. No. 122, 2001

s. 882D...........................................ad. No. 122, 2001

s. 883 .............................................rep. No. 122, 2001

Subdivision B

s. 883A...........................................ad. No. 122, 2001

s. 883B...........................................ad. No. 122, 2001

s. 883C...........................................ad. No. 122, 2001

s. 883D...........................................ad. No. 122, 2001

s. 884 .............................................rep. No. 122, 2001

Subdivision C

s. 884A...........................................ad. No. 122, 2001

s. 884B...........................................ad. No. 122, 2001

s. 884C...........................................ad. No. 122, 2001

s. 885 .............................................rep. No. 122, 2001

Subdivision D

s. 885A...........................................ad. No. 122, 2001

s. 885B...........................................ad. No. 122, 2001

s. 885C...........................................ad. No. 122, 2001

s. 885D...........................................ad. No. 122, 2001

s. 885E ...........................................ad. No. 122, 2001

s. 885F ...........................................ad. No. 122, 2001

s. 885G...........................................ad. No. 122, 2001

s. 885H...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 535

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 885I ............................................ad. No. 122, 2001

s. 885J............................................ad. No. 122, 2001

s. 886 .............................................rep. No. 122, 2001

Subdivision E

s. 886A...........................................ad. No. 122, 2001

s. 886B...........................................ad. No. 122, 2001

s. 887 .............................................rep. No. 122, 2001

Division 4

Subdivision A

s. 887A...........................................ad. No. 122, 2001

s. 888 .............................................rep. No. 122, 2001

Subdivision B

s. 888A...........................................ad. No. 122, 2001

s. 888B...........................................ad. No. 122, 2001

s. 888C...........................................ad. No. 122, 2001

s. 888D...........................................ad. No. 122, 2001

s. 888E ...........................................ad. No. 122, 2001

s. 888F ...........................................ad. No. 122, 2001

s. 888G...........................................ad. No. 122, 2001

s. 888H...........................................ad. No. 122, 2001

s. 888I ............................................ad. No. 122, 2001

s. 888J............................................ad. No. 122, 2001

s. 888K...........................................ad. No. 122, 2001

s. 889 .............................................rep. No. 122, 2001

Subdivision C

s. 889A...........................................ad. No. 122, 2001

s. 889B...........................................ad. No. 122, 2001

s. 889C...........................................ad. No. 122, 2001

s. 889D...........................................ad. No. 122, 2001

s. 889E ...........................................ad. No. 122, 2001

s. 889F ...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

536 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 889G...........................................ad. No. 122, 2001

s. 889H...........................................ad. No. 122, 2001

s. 889I ............................................ad. No. 122, 2001

s. 889J............................................ad. No. 122, 2001

am No. 149, 2007

s. 889K...........................................ad. No. 122, 2001

s. 890 .............................................rep. No. 122, 2001

Subdivision D

s. 890A...........................................ad. No. 122, 2001

s. 890B...........................................ad. No. 122, 2001

s. 890C...........................................ad. No. 122, 2001

s. 890D...........................................ad. No. 122, 2001

s. 890E ...........................................ad. No. 122, 2001

s. 890F ...........................................ad. No. 122, 2001

s. 890G...........................................ad. No. 122, 2001

s. 890H...........................................ad. No. 122, 2001

s. 891 .............................................rep. No. 122, 2001

Subdivision E

s. 891A...........................................ad. No. 122, 2001

s. 891B...........................................ad. No. 122, 2001

s. 891C...........................................ad. No. 122, 2001

s. 892 .............................................rep. No. 122, 2001

Division 5

s. 892A...........................................ad. No. 122, 2001

s. 892B...........................................ad. No. 122, 2001

s. 892C...........................................ad. No. 122, 2001

s. 892D...........................................ad. No. 122, 2001

s. 892E ...........................................ad. No. 122, 2001

s. 892F ...........................................ad. No. 122, 2001

s. 892G...........................................ad. No. 122, 2001

s. 892H...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 537

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 103, 2004

s. 892I ............................................ad. No. 122, 2001

s. 892J............................................ad. No. 122, 2001

s. 892K...........................................ad. No. 122, 2001

s. 893 .............................................rep. No. 122, 2001

Division 6

s. 893A...........................................ad. No. 122, 2001

s 893B............................................ad No 17, 2017

ss. 894–899 ....................................rep. No. 122, 2001

Part 7.5A

Part 7.5A........................................ad. No. 178, 2012

Division 1

s. 900 .............................................rep. No. 122, 2001

s. 900A...........................................ad. No. 178, 2012

Division 2

Subdivision A

s. 901 .............................................rep. No. 122, 2001

s. 901A...........................................ad. No. 178, 2012

s. 901B...........................................ad. No. 178, 2012

s. 901C...........................................ad. No. 178, 2012

s. 901D...........................................ad. No. 178, 2012

Subdivision B

s. 901E ...........................................ad. No. 178, 2012

am No 25, 2017

s. 901F ...........................................ad. No. 178, 2012

s. 901G...........................................ad. No. 178, 2012

Subdivision C

s. 901H...........................................ad. No. 178, 2012

s. 901J............................................ad. No. 178, 2012

s. 901K...........................................ad. No. 178, 2012

s. 901L ...........................................ad. No. 178, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

538 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 901M..........................................ad. No. 178, 2012

Division 3

s. 902 .............................................rep. No. 122, 2001

s. 902A...........................................ad. No. 178, 2012

Division 4

Subdivision A

s. 903 .............................................rep. No. 122, 2001

s. 903A...........................................ad. No. 178, 2012

s. 903B...........................................ad. No. 178, 2012

s. 903C...........................................ad. No. 178, 2012

Subdivision B

s. 903D...........................................ad. No. 178, 2012

am No 25, 2017

s. 903E ...........................................ad. No. 178, 2012

Subdivision C

s. 903F ...........................................ad. No. 178, 2012

s. 903G...........................................ad. No. 178, 2012

s. 903H...........................................ad. No. 178, 2012

s. 903J............................................ad. No. 178, 2012

s. 903K...........................................ad. No. 178, 2012

Division 5

Subdivision A

s. 904 .............................................rep. No. 122, 2001

s. 904A...........................................ad. No. 178, 2012

s. 904B...........................................ad. No. 178, 2012

s. 904C...........................................ad. No. 178, 2012

s. 904D...........................................ad. No. 178, 2012

s. 904E ...........................................ad. No. 178, 2012

Subdivision B

s. 904F ...........................................ad. No. 178, 2012

s. 904G...........................................ad. No. 178, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 539

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 904H...........................................ad. No. 178, 2012

s. 904J............................................ad. No. 178, 2012

s. 904K...........................................ad. No. 178, 2012

Division 6

Subdivision A

s. 905 .............................................rep. No. 122, 2001

s. 905A...........................................ad. No. 178, 2012

Subdivision B

s. 905B...........................................ad. No. 178, 2012

s. 905C...........................................ad. No. 178, 2012

s. 905D...........................................ad. No. 178, 2012

s. 905E ...........................................ad. No. 178, 2012

Subdivision C

s. 905F ...........................................ad. No. 178, 2012

Subdivision D

s. 905G...........................................ad. No. 178, 2012

s 905H............................................ad No 178, 2012

am No 11, 2016; No 45, 2017

s. 905J............................................ad. No. 178, 2012

s. 905K...........................................ad. No. 178, 2012

s. 905L ...........................................ad. No. 178, 2012

s. 905M..........................................ad. No. 178, 2012

s. 905N...........................................ad. No. 178, 2012

Subdivision E

s. 905P ...........................................ad. No. 178, 2012

Division 7

s. 906 .............................................rep. No. 122, 2001

s. 906A...........................................ad. No. 178, 2012

Division 8

s. 907 .............................................rep. No. 122, 2001

s. 907A...........................................ad. No. 178, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

540 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 907B...........................................ad. No. 178, 2012

s. 907C...........................................ad. No. 178, 2012

s. 907D...........................................ad. No. 178, 2012

s. 907E ...........................................ad. No. 178, 2012

s. 908 .............................................rep. No. 122, 2001

s. 909 .............................................rep. No. 122, 2001

s. 910 .............................................rep. No. 122, 2001

Part 7.6

Division 1

s 910A............................................ad No 122, 2001

am No 7, 2017

s. 911 .............................................rep. No. 122, 2001

Division 2

s. 911A...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007; No. 108, 2009

s. 911B...........................................ad. No. 122, 2001

s. 911C...........................................ad. No. 122, 2001

am. No. 141, 2003

s. 911D...........................................ad. No. 122, 2001

s. 912 .............................................rep. No. 122, 2001

Division 3

s 912A............................................ad No 122, 2001

am No 103, 2004; No 61, 2013; No 7, 2017

s. 912B...........................................ad. No. 122, 2001

s 912C............................................ad No 122, 2001

am No 141, 2003; No 6, 2017

s. 912CA........................................ad. No. 141, 2003

s. 912D...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 154, 2007; No. 108, 2009

s. 912E ...........................................ad. No. 122, 2001

s. 912F ...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 541

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 141, 2003

s. 913 .............................................rep. No. 122, 2001

Division 4

Subdivision A

s. 913A...........................................ad. No. 122, 2001

s 913B............................................ad No 122, 2001

am No 67, 2012; No 7, 2017

s. 913C...........................................ad. No. 122, 2001

am. No. 135, 2009

s. 914 .............................................rep. No. 122, 2001

Subdivision B

s. 914A...........................................ad. No. 122, 2001

s. 915 .............................................rep. No. 122, 2001

Subdivision C

s. 915A...........................................ad. No. 122, 2001

s 915B............................................ad No 122, 2001

am No 108, 2009; No 11, 2016; No 45, 2017

s. 915C...........................................ad. No. 122, 2001

am. No. 67, 2012

s. 915D...........................................ad. No. 122, 2001

s. 915E ...........................................ad. No. 122, 2001

s. 915F ...........................................ad. No. 122, 2001

s. 915G...........................................ad. No. 122, 2001

s. 915H...........................................ad. No. 122, 2001

s. 915I ............................................ad. No. 122, 2001

s. 915J............................................ad. No. 122, 2001

s. 916 .............................................rep. No. 122, 2001

Division 5

s 916A............................................ad No 122, 2001

am No 7, 2017

s 916B............................................ad No 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

542 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am No 7, 2017

s. 916C...........................................ad. No. 122, 2001

s. 916D...........................................ad. No. 122, 2001

s. 916E ...........................................ad. No. 122, 2001

s. 916F ...........................................ad. No. 122, 2001

am. No. 141, 2003

s. 916G...........................................ad. No. 122, 2001

s. 917 .............................................rep. No. 122, 2001

Division 6

s. 917A...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 917B...........................................ad. No. 122, 2001

s. 917C...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 917D...........................................ad. No. 122, 2001

s. 917E ...........................................ad. No. 122, 2001

s. 917F ...........................................ad. No. 122, 2001

s. 918 .............................................rep. No. 122, 2001

s. 920 .............................................rep. No. 122, 2001

Division 8

Subdivision A

s 920A............................................ad No 122, 2001

am No 141, 2003; No 67, 2012; No 7, 2017

s. 920B...........................................ad. No. 122, 2001

s. 920C...........................................ad. No. 122, 2001

s. 920D...........................................ad. No. 122, 2001

s. 920E ...........................................ad. No. 122, 2001

s. 920F ...........................................ad. No. 122, 2001

s. 921 .............................................rep. No. 122, 2001

Subdivision B

s. 921A...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 543

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 922 ..............................................rep No 122, 2001

Division 8A

Division 8A....................................ad No 7, 2017

Subdivision A

s 921B............................................ad No 7, 2017

s 921C............................................ad No 7, 2017

s 921D............................................ad No 7, 2017

Subdivision B

s 921E ............................................ad No 7, 2017

Subdivision C

s 921F ............................................ad No 7, 2017

Division 8B

Division 8B....................................ad No 7, 2017

Subdivision A

s 921G............................................ad No 7, 2017

s 921H............................................ad No 7, 2017

s 921J.............................................ad No 7, 2017

Subdivision B

s 921K............................................ad No 7, 2017

Subdivision C

s 921L............................................ad No 7, 2017

s 921M...........................................ad No 7, 2017

s 921N............................................ad No 7, 2017

Subdivision D

s 921P ............................................ad No 7, 2017

s 921Q............................................ad No 7, 2017

s 921R............................................ad No 7, 2017

s 921S ............................................ad No 7, 2017

s 921T............................................ad No 7, 2017

Division 8C

Division 8C....................................ad No 7, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

544 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision A

s 921U............................................ad No 7, 2017

s 921V............................................ad No 7, 2017

s 921W...........................................ad No 7, 2017

Subdivision B

s 921X............................................ad No 7, 2017

s 921Y............................................ad No 7, 2017

Subdivision C

s 921Z............................................ad No 7, 2017

s 921ZA .........................................ad No 7, 2017

s 921ZB .........................................ad No 7, 2017

s 921ZC .........................................ad No 7, 2017

Division 9

Subdivision A

Subdivision A heading...................ad No 7, 2017

s 922A............................................ad No 122, 2001

am No 7, 2017

s 922B............................................ad No 122, 2001

rs No 7, 2017

s 923 ..............................................rep No 122, 2001

Subdivision B

Subdivision B ................................ad No 7, 2017

s 922D............................................ad No 7, 2017

s 922E ............................................ad No 7, 2017

s 922F ............................................ad No 7, 2017

s 922G............................................ad No 7, 2017

s 922H............................................ad No 7, 2017

s 922HA.........................................ad No 7, 2017

s 922HB.........................................ad No 7, 2017

s 922HC.........................................ad No 7, 2017

s 922HD.........................................ad No 7, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 545

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 922J.............................................ad No 7, 2017

s 922K............................................ad No 7, 2017

s 922L............................................ad No 7, 2017

s 922M...........................................ad No 7, 2017

s 922N............................................ad No 7, 2017

s 922P ............................................ad No 7, 2017

Subdivision C

Subdivision C ................................ad No 7, 2017

s 922Q............................................ad No 7, 2017

s 922R............................................ad No 7, 2017

s 922S ............................................ad No 7, 2017

Division 10

s. 923A...........................................ad. No. 122, 2001

s. 923B...........................................ad. No. 122, 2001

s. 924 .............................................rep. No. 122, 2001

s 923C............................................ad No 7, 2017

Division 11

Subdivision A

s. 924A...........................................rs. No. 122, 2001

s. 924B...........................................rep. No. 122, 2001

Subdivision B

s. 925A...........................................rs. No. 122, 2001

s. 925B...........................................ad. No. 122, 2001

s. 925C...........................................ad. No. 122, 2001

s. 925D...........................................ad. No. 122, 2001

s. 925E ...........................................ad. No. 122, 2001

s. 925F ...........................................ad. No. 122, 2001

s. 925G...........................................ad. No. 122, 2001

s. 925H...........................................ad. No. 122, 2001

s. 925I ............................................ad. No. 122, 2001

s. 926 .............................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

546 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 12

Division 12 ....................................ad. No. 141, 2003

s 926A............................................ad No 141, 2003

am No 154, 2007; No 5, 2011; No 7, 2017

s. 926B...........................................ad. No. 141, 2003

s. 927 .............................................rep. No. 122, 2001

s. 927A...........................................rep. No. 122, 2001

s. 928 .............................................rep. No. 122, 2001

ss. 928A, 928B...............................rep. No. 122, 2001

ss. 929, 930 ....................................rep. No. 122, 2001

ss. 930A–930C...............................rep. No. 122, 2001

ss. 931–940 ....................................rep. No. 122, 2001

Part 7.7

Division 1

s. 940A...........................................ad. No. 122, 2001

s. 940B...........................................ad. No. 122, 2001

s. 940C...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 940D...........................................ad. No. 122, 2001

s. 941 .............................................rep. No. 122, 2001

Division 2

Subdivision A

s. 941A...........................................ad. No. 122, 2001

s. 941B...........................................ad. No. 122, 2001

s. 941C...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 941D...........................................ad. No. 122, 2001

s. 941E ...........................................ad. No. 122, 2001

s. 941F ...........................................ad. No. 122, 2001

Subdivision B

s. 942A...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 547

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 942B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 942C...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 942D...........................................ad. No. 122, 2001

s. 942DA........................................ad. No. 141, 2003

s. 942E ...........................................ad. No. 122, 2001

s. 943 .............................................rep. No. 122, 2001

Subdivision C

s. 943A...........................................ad. No. 122, 2001

s. 943B...........................................ad. No. 122, 2001

s. 943C...........................................ad. No. 122, 2001

s. 943D...........................................ad. No. 122, 2001

s. 943E ...........................................ad. No. 122, 2001

s. 943F ...........................................ad. No. 122, 2001

s. 944 .............................................rep. No. 122, 2001

Division 3

Subdivision A

s. 944A...........................................ad. No. 122, 2001

s. 945 .............................................rep. No. 122, 2001

Subdivision B ................................rep. No. 68, 2012

ss. 945A, 945B...............................ad. No. 122, 2001

rep. No. 68, 2012

s. 946 .............................................rep. No. 122, 2001

Subdivision C

s. 946A...........................................ad. No. 122, 2001

am. No. 101, 2007

s 946AA.........................................ad No 101, 2007

am No 45, 2008; No 70, 2015

s. 946B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

548 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 946C...........................................ad. No. 122, 2001

s. 947 .............................................rep. No. 122, 2001

Subdivision D

s. 947A...........................................ad. No. 122, 2001

s. 947B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 68, 2012

s. 947C...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 68, 2012

s. 947D...........................................ad. No. 122, 2001

am. No. 141, 2003; No 61, 2013

s. 947E ...........................................ad. No. 141, 2003

s. 948 .............................................rep. No. 122, 2001

Subdivision E

s. 948A...........................................rs. No. 122, 2001

s. 949 .............................................rep. No. 122, 2001

Division 4

s. 949A...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 155, 2012

s. 949B...........................................ad. No. 122, 2001

s. 950 .............................................rep. No. 122, 2001

s. 950A...........................................rep. No. 122, 2001

s. 951 .............................................rep. No. 122, 2001

Division 6

s. 951A...........................................ad. No. 122, 2001

s. 951B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 5, 2011

s. 951C...........................................ad. No. 141, 2003

s. 952 .............................................rep. No. 122, 2001

Division 7

Subdivision A

s. 952A...........................................rs. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 549

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 952B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 952C...........................................ad. No. 122, 2001

s. 952D...........................................ad. No. 122, 2001

s. 952E ...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 952F ...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 952G...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 952H...........................................ad. No. 122, 2001

s. 952I ............................................ad. No. 122, 2001

am. No. 141, 2003

s. 952J............................................ad. No. 122, 2001

am. No. 141, 2003

s. 952K...........................................ad. No. 122, 2001

s. 952L ...........................................ad. No. 122, 2001

s. 952M..........................................ad. No. 122, 2001

s. 953 .............................................rep. No. 122, 2001

Subdivision B

s. 953A...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 953B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 68, 2012

s. 953C...........................................ad. No. 122, 2001

s. 954 .............................................rep. No. 122, 2001

ss. 954A–954H ..............................rep. No. 122, 2001

ss. 954L–954N...............................rep. No. 122, 2001

ss. 954P–954T................................rep. No. 122, 2001

ss. 954W–954Z..............................rep. No. 122, 2001

s. 954ZA ........................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

550 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 955 .............................................rep. No. 122, 2001

s. 955A...........................................rep. No. 122, 2001

s. 956 .............................................rep. No. 122, 2001

s. 957 .............................................rep. No. 122, 2001

s. 958 .............................................rep. No. 122, 2001

s. 959 .............................................rep. No. 122, 2001

Part 7.7A

Part 7.7A........................................ad. No. 67, 2012

Division 1

s 960 ..............................................rep No 122, 2001

ad No 67, 2012

am No 68, 2012; No 22, 2016; No 6, 2017

s. 960A...........................................ad. No. 67, 2012

s. 960B...........................................ad. No. 68, 2012

Division 2

Division 2 ......................................ad. No. 68, 2012

Subdivision A

s. 961 .............................................rep. No. 122, 2001

ad. No. 68, 2012

s. 961A...........................................ad. No. 68, 2012

Subdivision B

s. 961B...........................................ad. No. 68, 2012

am No 22, 2016

s. 961C...........................................rep. No. 122, 2001

ad. No. 68, 2012

s. 961D...........................................rep. No. 122, 2001

ad. No. 68, 2012

s. 961E ...........................................rep. No. 122, 2001

ad. No. 68, 2012

s 961F ............................................rep No 122, 2001

ad No 68, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 551

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am No 70, 2015; No 22, 2016

Subdivision C

s. 961G...........................................rep. No. 122, 2001

ad. No. 68, 2012

Subdivision D

s. 961H...........................................ad. No. 68, 2012

Subdivision E

s 961J.............................................ad No 68, 2012

am No 22, 2016

Subdivision F

s. 961K...........................................ad. No. 68, 2012

s. 961L ...........................................ad. No. 68, 2012

s. 961M..........................................ad. No. 68, 2012

s. 961N...........................................ad. No. 68, 2012

s. 961P ...........................................ad. No. 68, 2012

Subdivision G

s. 961Q...........................................ad. No. 68, 2012

Division 3

Subdivision A

s. 962 .............................................rep. No. 122, 2001

ad. No. 67, 2012

s. 962A...........................................ad. No. 67, 2012

s. 962B...........................................ad. No. 67, 2012

s. 962C...........................................ad. No. 67, 2012

s. 962CA........................................ad. No. 67, 2012

Subdivision B

s. 962D...........................................ad. No. 67, 2012

s. 962E ...........................................ad. No. 67, 2012

s. 962F ...........................................ad. No. 67, 2012

s 962G............................................ad No 67, 2012

am No 22, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

552 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 962H............................................ad No 67, 2012

am No 22, 2016

s. 962J............................................ad. No. 67, 2012

s 962K............................................ad No 67, 2012

am No 22, 2016

s. 962L ...........................................ad. No. 67, 2012

s. 962M..........................................ad. No. 67, 2012

s. 962N...........................................ad. No. 67, 2012

s. 962P ...........................................ad. No. 67, 2012

s. 962Q...........................................ad. No. 67, 2012

Subdivision C

s. 962R...........................................ad. No. 67, 2012

s 962S ............................................ad No 67, 2012

am No 22, 2016

Division 4

Division 4 ......................................ad. No. 68, 2012

Subdivision A

s. 963 .............................................rep. No. 122, 2001

ad. No. 68, 2012

Subdivision B

s 963A............................................ad No 68, 2012

am No 22, 2016; No 6, 2017

s 963AA.........................................ad No 6, 2017

s 963B............................................ad No 68, 2012

am No 22, 2016; No 6, 2017

s 963BA.........................................ad No 6, 2017

s 963C............................................ad No 68, 2012

am No 22, 2016; No 6, 2017

s 963D............................................ad No 68, 2012

rs No 22, 2016

am No 6, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 553

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision C

s. 963E ...........................................ad. No. 68, 2012

s. 963F ...........................................ad. No. 68, 2012

s. 963G...........................................ad. No. 68, 2012

s. 963H...........................................ad. No. 68, 2012

s. 963J............................................ad. No. 68, 2012

s. 963K...........................................ad. No. 68, 2012

s. 963L ...........................................ad. No. 68, 2012

Division 5

Division 5 ......................................ad. No. 68, 2012

Subdivision A

s. 964 .............................................rep. No. 122, 2001

ad. No. 68, 2012

am No 61, 2013

s. 964A...........................................ad. No. 68, 2012

Subdivision B

s. 964B...........................................ad. No. 68, 2012

s. 964C...........................................ad. No. 68, 2012

s. 964D...........................................ad. No. 68, 2012

s. 964E ...........................................ad. No. 68, 2012

s. 964F ...........................................ad. No. 68, 2012

s. 964G...........................................ad. No. 68, 2012

s. 964H...........................................ad. No. 68, 2012

Division 6

s. 965 .............................................rep. No. 122, 2001

ad. No. 67, 2012

am No 68, 2012

Division 7

s. 966 .............................................rep. No. 122, 2001

ad. No. 67, 2012

s. 967 .............................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

554 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

ad. No. 67, 2012

s. 968 .............................................rep. No. 122, 2001

ad. No. 67, 2012

am. No. 68, 2012

s. 969 .............................................rep. No. 122, 2001

s. 970 .............................................rep. No. 122, 2001

ss. 970A, 970B...............................rep. No. 122, 2001

ss. 971, 972 ....................................rep. No. 122, 2001

s. 972A...........................................rep. No. 122, 2001

ss. 973–980 ....................................rep. No. 122, 2001

Part 7.8

Division 1

s. 980A...........................................ad. No. 122, 2001

s. 980B...........................................ad. No. 122, 2001

s. 981 .............................................rep. No. 122, 2001

Division 2

Subdivision A

s. 981A...........................................ad. No. 122, 2001

am. No. 108, 2009

s. 981B...........................................ad. No. 122, 2001

am. No. 141, 2003

s. 981C...........................................ad. No. 122, 2001

s. 981D...........................................ad. No. 122, 2001

am No 25, 2017

s. 981E ...........................................ad. No. 122, 2001

am. No. 96, 2010

s. 981F ...........................................ad. No. 122, 2001

s. 981G...........................................ad. No. 122, 2001

s. 981H...........................................ad. No. 122, 2001

am. No. 141, 2003

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 555

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision AA

Subdivision AA .............................ad No 25, 2017

s 981J.............................................ad No 25, 2017

s 981K............................................ad No 25, 2017

s 981L............................................ad No 25, 2017

s 981M...........................................ad No 25, 2017

s 981N............................................ad No 25, 2017

s 981P ............................................ad No 25, 2017

s. 982 .............................................rep. No. 122, 2001

Subdivision B

s. 982A...........................................ad. No. 122, 2001

s. 982B...........................................ad. No. 122, 2001

s. 982C...........................................ad. No. 122, 2001

s. 982D...........................................ad. No. 122, 2001

s. 983 .............................................rep. No. 122, 2001

Subdivision C

s. 983A...........................................rs. No. 122, 2001

s. 983B...........................................ad. No. 122, 2001

s. 983C...........................................ad. No. 122, 2001

s. 983D...........................................ad. No. 122, 2001

s. 983E ...........................................ad. No. 122, 2001

s. 984 .............................................rep. No. 122, 2001

Division 3

s. 984A...........................................ad. No. 122, 2001

s. 984B...........................................ad. No. 122, 2001

am No 25, 2017

s. 985 .............................................rep. No. 122, 2001

Division 4

s. 985A...........................................ad. No. 122, 2001

am. No. 75, 2009

s. 985B...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

556 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 985C...........................................ad. No. 122, 2001

s. 985D...........................................ad. No. 149, 2007

(1)(b) exp (s 985D(3))

Division 4A

Division 4A....................................ad. No. 108, 2009

Subdivision A

s. 985EA ........................................ad. No. 108, 2009

s. 985E ...........................................ad. No. 108, 2009

s. 985F ...........................................ad. No. 108, 2009

s. 985G...........................................ad. No. 108, 2009

s. 985H...........................................ad. No. 108, 2009

s. 985J............................................ad. No. 108, 2009

s. 985K...........................................ad. No. 108, 2009

Subdivision B

s. 985L ...........................................ad. No. 108, 2009

s. 985M..........................................ad. No. 108, 2009

s. 986 .............................................rep. No. 122, 2001

Division 5

s. 986A...........................................ad. No. 122, 2001

s. 986B...........................................ad. No. 122, 2001

s. 987 .............................................rep. No. 122, 2001

Division 6

Subdivision A

s. 987A...........................................ad. No. 122, 2001

Subdivision B

s. 988A...........................................ad. No. 122, 2001

s. 988B...........................................ad. No. 122, 2001

s. 988C...........................................ad. No. 122, 2001

s. 988D...........................................ad. No. 122, 2001

s. 988E ...........................................ad. No. 122, 2001

s. 988F ...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 557

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 988G...........................................ad. No. 122, 2001

Subdivision C

s. 989A...........................................ad. No. 122, 2001

s. 989B...........................................ad. No. 122, 2001

s. 989C...........................................ad. No. 122, 2001

s. 989CA........................................ad. No. 103, 2004

s. 989D...........................................ad. No. 122, 2001

Subdivision D

s. 990A...........................................ad. No. 122, 2001

rs. No. 101, 2007

s. 990B...........................................ad. No. 122, 2001

am. No. 101, 2007

s. 990C...........................................ad. No. 122, 2001

s. 990D...........................................ad. No. 122, 2001

s. 990E ...........................................ad. No. 122, 2001

s. 990F ...........................................ad. No. 122, 2001

s. 990G...........................................ad. No. 122, 2001

s. 990H...........................................ad. No. 122, 2001

s. 990I ............................................ad. No. 122, 2001

am. No. 103, 2004; No. 101, 2007

s. 990J............................................ad. No. 122, 2001

s. 990K...........................................ad. No. 122, 2001

am. No. 103, 2004

s. 990L ...........................................ad. No. 122, 2001

rs. No. 103, 2004

Division 7

s. 991A...........................................ad. No. 122, 2001

s. 991B...........................................ad. No. 122, 2001

s. 991C...........................................ad. No. 122, 2001

s. 991D...........................................ad. No. 122, 2001

s. 991E ...........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

558 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 991F ...........................................ad. No. 122, 2001

Division 8

s. 992A...........................................ad. No. 122, 2001

am. No. 29, 2002; No. 141, 2003; No. 101, 2007

s. 992AA........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 992B...........................................ad. No. 122, 2001

am. No. 141, 2003; No. 5, 2011

s. 992C...........................................ad. No. 141, 2003

Division 9

s. 993A...........................................ad. No. 122, 2001

s. 993B...........................................ad. No. 122, 2001

s. 993C...........................................ad. No. 122, 2001

s. 993D...........................................ad. No. 122, 2001

s. 995 .............................................rep. No. 122, 2001

s. 995A...........................................rep. No. 122, 2001

ss. 997–1001 ..................................rep. No. 122, 2001

ss. 1001A–1001D ..........................rep. No. 122, 2001

s. 1002 ...........................................rep. No. 122, 2001

ss. 1002A–1002H ..........................rep. No. 122, 2001

ss. 1002J–1002N............................rep. No. 122, 2001

ss. 1002P–1002U ...........................rep. No. 122, 2001

s. 1005 ...........................................rep. No. 122, 2001

Part 7.9

Part 7.9 heading .............................rs. No. 141, 2003

Division 1

s. 1010A.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 146, 2008; No. 155, 2012

s. 1010B.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1010BA......................................ad. No. 101, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 559

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1010C.........................................ad. No. 122, 2001

s. 1010D.........................................ad. No. 122, 2001

Division 2

Subdivision A

s. 1011A.........................................ad. No. 122, 2001

s. 1011B.........................................ad. No. 122, 2001

am. No. 101, 2007

s. 1011C.........................................ad. No. 122, 2001

Subdivision B

s. 1012A.........................................ad. No. 122, 2001

am. No. 103, 2004; No. 101, 2007

s. 1012B.........................................ad. No. 122, 2001

am. No. 101, 2007

s. 1012C.........................................ad. No. 122, 2001

am. No. 103, 2004

s. 1012D.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004

s. 1012DAA...................................ad. No. 101, 2007

s. 1012DA......................................ad. No. 103, 2004

am. No. 101, 2007

s. 1012E .........................................ad. No. 122, 2001

s. 1012F .........................................ad. No. 122, 2001

s. 1012G.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1012H.........................................ad. No. 122, 2001

s. 1012I ..........................................ad. No. 122, 2001

s. 1012IA .......................................ad. No. 122, 2001

am. No. 141, 2003

s. 1012J..........................................ad. No. 122, 2001

s. 1012K.........................................ad. No. 122, 2001

s. 1013 ...........................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

560 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision C

s. 1013A.........................................ad. No. 122, 2001

s. 1013B.........................................ad. No. 122, 2001

s. 1013C.........................................ad. No. 122, 2001

s. 1013D.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004

s. 1013DA......................................ad. No. 122, 2001

s. 1013E .........................................ad. No. 122, 2001

am. No. 103, 2004

s. 1013F .........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004

s. 1013FA ......................................ad. No. 103, 2004

am. No. 101, 2007

s. 1013G.........................................ad. No. 122, 2001

s. 1013H.........................................ad. No. 122, 2001

s. 1013I ..........................................ad. No. 122, 2001

s. 1013J..........................................ad. No. 122, 2001

s. 1013K.........................................ad. No. 122, 2001

s. 1013L .........................................ad. No. 122, 2001

s. 1013M........................................ad. No. 141, 2003

s. 1014 ...........................................rep. No. 122, 2001

Subdivision D

s. 1014A.........................................ad. No. 122, 2001

am. No. 101, 2007

s. 1014B.........................................ad. No. 122, 2001

s. 1014C.........................................ad. No. 122, 2001

s. 1014D.........................................ad. No. 122, 2001

s. 1014E .........................................ad. No. 122, 2001

s. 1014F .........................................ad. No. 122, 2001

Subdivision DA

Subdivision DA .............................ad. No. 101, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 561

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1014G.........................................ad. No. 101, 2007

s. 1014H.........................................ad. No. 101, 2007

s. 1014J..........................................ad. No. 101, 2007

s. 1014K.........................................ad. No. 101, 2007

s. 1014L .........................................ad. No. 101, 2007

s. 1015 ...........................................rep. No. 122, 2001

Subdivision E

s. 1015A.........................................ad. No. 122, 2001

s. 1015B.........................................ad. No. 122, 2001

s. 1015C.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1015D.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 1015E .........................................ad. No. 122, 2001

Subdivision F

s 1016A..........................................ad No 122, 2001

am No 141, 2003; No 45, 2008; No 108, 2009; No 70, 2015

s. 1016B.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1016C.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1016D.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 1016E .........................................ad. No. 122, 2001

am. No. 141, 2003; No. 101, 2007

s. 1016F .........................................ad. No. 122, 2001

Division 3

s. 1017A.........................................ad. No. 122, 2001

s. 1017B.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 162, 2012; No 61, 2013

s 1017BA.......................................ad No 171, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

562 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am No 61, 2013

s 1017BB .......................................ad No 171, 2012

s 1017BC .......................................ad No 171, 2012

s 1017BD.......................................ad No 171, 2012

s 1017BE .......................................ad No 171, 2012

s. 1017C.........................................ad. No. 122, 2001

am. No. 141, 2003

s 1017D..........................................ad No 122, 2001

am No 141, 2003; No 45, 2008; No 108, 2009; No 70, 2015

s. 1017DA......................................ad. No. 122, 2001

s. 1017E .........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1017F .........................................ad. No. 122, 2001

s. 1017G.........................................ad. No. 122, 2001

Division 4

s 1018A..........................................ad No 122, 2001

am No 85, 2007; No 5, 2011; No 17, 2017

s. 1018B.........................................ad. No. 122, 2001

Division 5

s. 1019A.........................................ad. No. 122, 2001

am. No. 45, 2008

s. 1019B.........................................ad. No. 122, 2001

Division 5A

Division 5A....................................ad. No. 141, 2003

s. 1019C.........................................ad. No. 141, 2003

s. 1019D.........................................ad. No. 141, 2003

s. 1019E .........................................ad. No. 141, 2003

s. 1019F .........................................ad. No. 141, 2003

s. 1019G.........................................ad. No. 141, 2003

am. No. 131, 2010

s. 1019H.........................................ad. No. 141, 2003

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 563

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1019I ..........................................ad. No. 141, 2003

s. 1019J..........................................ad. No. 141, 2003

s. 1019K.........................................ad. No. 141, 2003

am. No. 131, 2010

Division 5B

Division 5B....................................ad. No. 146, 2008

s. 1020AA......................................ad. No. 146, 2008

s. 1020AB ......................................ad. No. 146, 2008

s. 1020AC ......................................ad. No. 146, 2008

s. 1020AD......................................ad. No. 146, 2008

s. 1020AE ......................................ad. No. 146, 2008

s. 1020AF ......................................ad. No. 146, 2008

Division 5C

Division 5C....................................ad. No. 155, 2012

s. 1020AG......................................ad. No. 155, 2012

s. 1020AH......................................ad. No. 155, 2012

s. 1020AI .......................................ad. No. 155, 2012

s. 1020AJ .......................................ad. No. 155, 2012

s. 1020AK......................................ad. No. 155, 2012

s. 1020AL ......................................ad. No. 155, 2012

Division 6

s. 1020A.........................................ad. No. 122, 2001

s. 1020B.........................................ad. No. 122, 2001

am. No. 146, 2008; No. 96, 2010

s. 1020C.........................................ad. No. 122, 2001

rep. No. 146, 2008

s. 1020D.........................................ad. No. 122, 2001

s. 1020E .........................................ad. No. 122, 2001

am. No. 141, 2003; No 171, 2012

s. 1020F .........................................ad. No. 122, 2001

am. No. 141, 2003; No. 146, 2008; No. 5, 2011

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

564 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1020G.........................................ad. No. 122, 2001

am. No. 141, 2003

Division 7

Subdivision A

s. 1021A.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1021B.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1021C.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021D.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021E .........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021F .........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021FA ......................................ad. No. 141, 2003

s. 1021FB.......................................ad. No. 141, 2003

s. 1021G.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1021H.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021I ..........................................ad. No. 122, 2001

am. No. 141, 2003; No. 103, 2004; No. 101, 2007

s. 1021J..........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1021K.........................................ad. No. 122, 2001

s. 1021L .........................................ad. No. 122, 2001

s. 1021M........................................ad. No. 122, 2001

s. 1021N.........................................ad. No. 122, 2001

s 1021NA.......................................ad No 171, 2012

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 565

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 1021NB.......................................ad No 171, 2012

s 1021NC.......................................ad No 171, 2012

s. 1021O.........................................ad. No. 122, 2001

s. 1021P .........................................ad. No. 141, 2003

am. No. 131, 2010

Subdivision B

s. 1022A.........................................ad. No. 122, 2001

am. No. 141, 2003

s. 1022B.........................................ad. No. 122, 2001

am. No. 141, 2003; No 171, 2012

s. 1022C.........................................ad. No. 122, 2001

Part 7.10

Division 1

s. 1040A.........................................ad. No. 122, 2001

Division 2

s. 1041A.........................................ad. No. 122, 2001

s. 1041B.........................................ad. No. 122, 2001

am. No. 131, 2010

s. 1041C.........................................ad. No. 122, 2001

s. 1041D.........................................ad. No. 122, 2001

s. 1041E .........................................ad. No. 122, 2001

s. 1041F .........................................ad. No. 122, 2001

s. 1041G.........................................ad. No. 122, 2001

s 1041H..........................................ad No 122, 2001

am No 118, 2004; No 171, 2012; No 17, 2017

s. 1041I ..........................................ad. No. 122, 2001

am. Nos. 103 and 118, 2004

s. 1041J..........................................ad. No. 122, 2001

s 1041K..........................................ad No 122, 2001

am No 171, 2012; No 17, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

566 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 2A

Division 2A....................................ad. No. 103, 2004

s. 1041L .........................................ad. No. 103, 2004

s. 1041M........................................ad. No. 103, 2004

s. 1041N.........................................ad. No. 103, 2004

s. 1041O.........................................ad. No. 103, 2004

s. 1041P .........................................ad. No. 103, 2004

s. 1041Q.........................................ad. No. 103, 2004

s. 1041R.........................................ad. No. 103, 2004

s. 1041S .........................................ad. No. 103, 2004

Division 3

Subdivision A

s. 1042A.........................................ad. No. 122, 2001

am. No. 29, 2002

s. 1042B.........................................ad. No. 122, 2001

s. 1042C.........................................ad. No. 122, 2001

s. 1042D.........................................ad. No. 122, 2001

s. 1042E .........................................ad. No. 122, 2001

am. No. 26, 2010

s. 1042F .........................................ad. No. 122, 2001

am. No. 4, 2010

s. 1042G.........................................ad. No. 122, 2001

s. 1042H.........................................ad. No. 122, 2001

Subdivision B

s. 1043A.........................................ad. No. 122, 2001

s. 1043B.........................................ad. No. 122, 2001

s. 1043C.........................................ad. No. 122, 2001

s. 1043D.........................................ad. No. 122, 2001

s. 1043E .........................................ad. No. 122, 2001

s. 1043F .........................................ad. No. 122, 2001

am. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 567

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1043G.........................................ad. No. 122, 2001

s. 1043H.........................................ad. No. 122, 2001

am. No. 29, 2002

s. 1043I ..........................................ad. No. 122, 2001

am. No. 29, 2002; No. 103, 2004

s. 1043J..........................................ad. No. 122, 2001

am. No. 29, 2002 (as am. by No. 100, 2005); No. 103, 2004

s. 1043K.........................................ad. No. 122, 2001

s. 1043L .........................................ad. No. 122, 2001

s. 1043M........................................ad. No. 122, 2001

s. 1043N.........................................ad. No. 122, 2001

s. 1043O.........................................ad. No. 122, 2001

Division 4

Division 4 heading.........................rs. No. 118, 2004

s. 1044A.........................................ad. No. 122, 2001

am. No. 103, 2004

s. 1044B.........................................ad. No. 118, 2004

Division 5

Division 5 ......................................ad. No. 141, 2003

s. 1045A.........................................ad. No. 141, 2003

Part 7.11

Division 1

s. 1070A.........................................ad. No. 122, 2001

s. 1070B.........................................ad. No. 122, 2001

s. 1070C.........................................ad. No. 122, 2001

s. 1070D.........................................ad. No. 122, 2001

Division 2

Subdivision A

s. 1071A.........................................ad. No. 122, 2001

s. 1071B.........................................ad. No. 122, 2001

s. 1071C.........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

568 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1071D.........................................ad. No. 122, 2001

s. 1071E .........................................ad. No. 122, 2001

s. 1071F .........................................ad. No. 122, 2001

s. 1071G.........................................ad. No. 122, 2001

am. No. 103, 2004

s. 1071H.........................................ad. No. 122, 2001

am. No. 103, 2004

Subdivision B

s. 1072A.........................................ad. No. 122, 2001

s. 1072B.........................................ad. No. 122, 2001

s. 1072C.........................................ad. No. 122, 2001

s. 1072D.........................................ad. No. 122, 2001

s. 1072E .........................................ad. No. 122, 2001

s. 1072F .........................................ad. No. 122, 2001

s. 1072G.........................................ad. No. 122, 2001

s. 1072H.........................................ad. No. 122, 2001

Division 3

s 1073A..........................................ad No 122, 2001

am No 155, 2012; No 100, 2014

s. 1073B.........................................ad. No. 122, 2001

s. 1073C.........................................ad. No. 122, 2001

s. 1073D.........................................ad. No. 122, 2001

s 1073E ..........................................ad No 122, 2001

am No 5, 2011; am No 155, 2012; No 100, 2014

s. 1073F .........................................ad. No. 122, 2001

Division 4

s. 1074A.........................................ad. No. 122, 2001

s. 1074B.........................................ad. No. 122, 2001

s. 1074C.........................................ad. No. 122, 2001

s. 1074D.........................................ad. No. 122, 2001

s. 1074E .........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 569

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1074F .........................................ad. No. 122, 2001

s. 1074G.........................................ad. No. 122, 2001

Division 5

s. 1075A.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 5, 2011

ss. 1085–1087 ................................rep. No. 122, 2001

ss. 1089–1091 ................................rep. No. 122, 2001

ss. 1091AA, 1091AB .....................rep. No. 122, 2001

ss. 1091A–1091E...........................rep. No. 122, 2001

ss. 1092–1096 ................................rep. No. 122, 2001

s. 1096A.........................................rep. No. 122, 2001

s. 1097 ...........................................rep. No. 122, 2001

ss. 1097A–1097D ..........................rep. No. 122, 2001

ss. 1098, 1099 ................................rep. No. 122, 2001

s. 1099A.........................................rep. No. 122, 2001

s. 1100 ...........................................rep. No. 122, 2001

Part 7.12

Division 1

s. 1100A.........................................ad. No. 122, 2001

am. No. 26, 2010; No 25, 2017

s. 1100B.........................................ad. No. 122, 2001

s. 1100C.........................................ad. No. 122, 2001

am. No. 26, 2010

s. 1100D.........................................ad. No. 122, 2001

s. 1101 ...........................................rep. No. 122, 2001

Division 2

s. 1101A.........................................ad. No. 122, 2001

s. 1101B.........................................ad. No. 122, 2001

am. No. 141, 2003; No. 26, 2010; No. 178, 2012; No 25, 2017

s. 1101C.........................................ad. No. 122, 2001

s. 1101D.........................................ad. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

570 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1101E .........................................ad. No. 122, 2001

s. 1101F .........................................ad. No. 122, 2001

s. 1101G.........................................ad. No. 122, 2001

s. 1101GA......................................ad. No. 122, 2001

s. 1101H.........................................ad. No. 122, 2001

s. 1101I ..........................................ad. No. 122, 2001

s. 1101J..........................................ad. No. 122, 2001

ss. 1102–1109 ................................rep. No. 122, 2001

ss. 1109A–1109G ..........................rep. No. 122, 2001

ss. 1109J–1109N............................rep. No. 122, 2001

s. 1109P .........................................rep. No. 122, 2001

ss. 1110–1112 ................................rep. No. 122, 2001

ss. 1112A–1112D ..........................rep. No. 122, 2001

s. 1113 ...........................................rep. No. 122, 2001

s. 1113A.........................................rep. No. 122, 2001

ss. 1114–1119 ................................rep. No. 122, 2001

s. 1119A.........................................ad. No. 146, 2001

rep. No. 122, 2001

Chapter 8

Chapter 8 .......................................rep. No. 122, 2001

ad. No. 85, 2007

ss. 1120–1123 ................................rep. No. 122, 2001

ss. 1126–1128 ................................rep. No. 122, 2001

ss. 1131–1141 ................................rep. No. 122, 2001

s. 1141A.........................................rep. No. 122, 2001

ss. 1142–1144 ................................rep. No. 122, 2001

s. 1144A.........................................rep. No. 122, 2001

s. 1145 ...........................................rep. No. 122, 2001

s. 1145A.........................................rep. No. 122, 2001

ss. 1147–1161 ................................rep. No. 122, 2001

ss. 1164, 1165 ................................rep. No. 122, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 571

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1165A.........................................rep. No. 122, 2001

ss. 1166–1178 ................................rep. No. 122, 2001

ss. 1180–1188 ................................rep. No. 122, 2001

s. 1189A.........................................rep. No. 122, 2001

ss. 1190–1192 ................................rep. No. 122, 2001

s. 1192A.........................................rep. No. 122, 2001

ss. 1193–1199 ................................rep. No. 122, 2001

s. 1199A.........................................rep. No. 122, 2001

s. 1200 ...........................................rep. No. 122, 2001

Part 8.1

s. 1200A.........................................ad. No. 85, 2007

Part 8.2

Division 1

s. 1200B.........................................ad. No. 85, 2007

s. 1200C.........................................ad. No. 85, 2007

s. 1200D.........................................ad. No. 85, 2007

s. 1200E .........................................ad. No. 85, 2007

Division 2

s. 1200F .........................................ad. No. 85, 2007

am. No. 146, 2008

Division 3

s. 1200G.........................................ad. No. 85, 2007

s. 1200H.........................................ad. No. 85, 2007

s. 1200J..........................................ad. No. 85, 2007

Division 4

s. 1200K.........................................ad. No. 85, 2007

s. 1200L .........................................ad. No. 85, 2007

s. 1200M........................................ad. No. 85, 2007

Division 5

s. 1200N.........................................ad. No. 85, 2007

s. 1200P .........................................ad. No. 85, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

572 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1200Q.........................................ad. No. 85, 2007

Division 6

s. 1200R.........................................ad. No. 85, 2007

Part 8.3

s. 1200S .........................................ad. No. 85, 2007

s. 1200T .........................................ad. No. 85, 2007

s. 1200U.........................................ad. No. 85, 2007

ss. 1201, 1202 ................................rep. No. 122, 2001

ss. 1204, 1205 ................................rep. No. 122, 2001

s. 1205A.........................................rep. No. 122, 2001

ss. 1206–1273 ................................rep. No. 122, 2001

s. 1273A.........................................ad. No. 146, 2001

rep. No. 122, 2001

Chapter 9

Part 9.1

s 1274 ............................................am No 117, 2001; No 122, 2001; No 24, 2003; No 141, 2003; No 103,

2004; No 85, 2007; No 154, 2007; No 11, 2016; No 25, 2017; No 55,

2017

s 1274AA.......................................rs No 103, 2004

am No 131, 2006; No 9, 2009; No 44, 2010

s 1274A..........................................am No 7, 2017

Part 9.2

Part 9.2 heading .............................rs No 11, 2016

Division 2

s 1279 ............................................am No 103, 2004; No 11, 2016

s. 1280 ...........................................am. No. 116, 2003; No. 103, 2004

s. 1280A.........................................ad. No. 103, 2004

am No 58, 2016

s. 1281 ...........................................am. No. 103, 2004

s 1282 ............................................am No 116, 2003; No 132, 2007

rep No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 573

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 1283 ............................................rep No 11, 2016

s 1284 ............................................rs No 132, 2007

rep No 11, 2016

s 1286 ............................................rep No 11, 2016

s 1287 ............................................am No 11, 2016

s. 1287A.........................................ad. No. 103, 2004

s 1288 ............................................am No 103, 2004; No 132, 2007

rep No 11, 2016

s. 1289 ...........................................rs. No. 103, 2004

am. No. 1, 2007

Division 2A

Division 2A....................................ad. No. 103, 2004

s. 1289A.........................................ad. No. 103, 2004

Division 3

s 1290 ............................................am No 11, 2016

s 1290A..........................................ad No 132, 2007

rep No 11, 2016

s 1291 ............................................rep No 11, 2016

ad No 45, 2017

s 1291A..........................................ad No 45, 2017

s 1291B..........................................ad No 45, 2017

s 1292 ............................................am No 119, 2001; No 103, 2004; No 105, 2008; No 11, 2016

s 1294 ............................................am No 119, 2001; No 11, 2016

s. 1294A.........................................ad. No. 132, 2007

s 1295 ............................................am No 11, 2016; No 45, 2017

s. 1296 ...........................................am. No. 103, 2004; No. 132, 2007; No. 5, 2011

s 1297 ............................................am No 132, 2007; No 11, 2016

s 1298 ............................................am No 103, 2004

rs No 11, 2016

s 1298A..........................................ad No 132, 2007

rep No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

574 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 4

Division 4 ......................................ad No 58, 2016

s 1298P ..........................................ad No 58, 2016

s 1298Q..........................................ad No 58, 2016

Part 9.2A

Part 9.2A........................................ad. No. 103, 2004

Division 1

s. 1299A.........................................ad. No. 103, 2004

s 1299B..........................................ad No 103, 2004

am No 11, 2016

s. 1299C.........................................ad. No. 103, 2004

s. 1299D.........................................ad. No. 103, 2004

s. 1299E .........................................ad. No. 103, 2004

s. 1299F .........................................ad. No. 103, 2004

s. 1299G.........................................ad. No. 103, 2004

Division 2

s. 1299H.........................................ad. No. 103, 2004

s 1299I ...........................................ad No 103, 2004

am No 45, 2017

s. 1299J..........................................ad. No. 103, 2004

s. 1299K.........................................ad. No. 103, 2004

s. 1299L .........................................ad. No. 103, 2004

s. 1299M........................................ad. No. 103, 2004

Part 9.3

s 1300 ............................................am No 117, 2001; No 11, 2016

s. 1302 ...........................................am. No. 117, 2001; No. 103, 2004

rep. No. 96, 2010

s. 1306 ...........................................am. No. 116, 2003

s. 1307 ...........................................am. No. 117, 2001; No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 575

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 9.4

Division 1A

Division 1A....................................ad. No. 117, 2001

s. 1308A.........................................ad. No. 117, 2001

Division 1

s 1308 ............................................am No 117 and 122, 2001; No 141, 2003; No 103, 2004; No 101, 2007;

No 100 2014

s 1309 ............................................am No 122, 2001; No 103, 2004; No 126, 2006; No 101, 2007; No 100,

2014; No 17, 2017

Division 2

s 1311 ............................................am No 117, 2001; No 122, 2001; No 24, 2003; No 85, 2007; No 108,

2009; No 17, 2017

s. 1312 ...........................................am. No. 131, 2010

s. 1314 ...........................................am. No. 103, 2004

Part 9.4AAA

Part 9.4AAA ..................................ad. No. 103, 2004

s. 1317AA......................................ad. No. 103, 2004

s. 1317AB ......................................ad. No. 103, 2004

s. 1317AC ......................................ad. No. 103, 2004

s. 1317AD......................................ad. No. 103, 2004

s. 1317AE ......................................ad. No. 103, 2004

Part 9.4A

s 1317B..........................................am No 103, 2004; No 11, 2016

s 1317C..........................................am No 122, 2001; No 103, 2004; No 26, 2010; No 48, 2012; No 118,

2012; No 178, 2012; No 11, 2016; No 25, 2017

s 1317D..........................................am No 11, 2016

Part 9.4AA

Part 9.4AA.....................................ad. No. 103, 2004

s. 1317DAA...................................ad. No. 103, 2004

s. 1317DAB ...................................ad. No. 103, 2004

s. 1317DAC ...................................ad. No. 103, 2004

s. 1317DAD...................................ad. No. 103, 2004

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

576 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1317DAE ...................................ad. No. 103, 2004

s. 1317DAF....................................ad. No. 103, 2004

s 1317DAG....................................ad No 103, 2004

am No 101, 2007; No 100, 2014

s. 1317DAH...................................ad. No. 103, 2004

s. 1317DAI.....................................ad. No. 103, 2004

s. 1317DAJ ....................................ad. No. 103, 2004

Part 9.4B

s. 1317DA......................................ad. No. 122, 2001

am. No. 29, 2002; No. 26, 2010; No. 68, 2012

rs No 59, 2013

am No 25, 2017

s. 1317E .........................................am. Nos. 55 and 122, 2001; No. 103, 2004; No. 108, 2009; No. 26,

2010; Nos. 67, 68, 178 and 180, 2012; No 59, 2013; No 25, 2017

s. 1317G.........................................am. No. 122, 2001; No. 103, 2004; No. 26, 2010; Nos. 67, 68, 178 and

180, 2012; No 25, 2017

s. 1317GA......................................ad. No. 67, 2012

s. 1317H.........................................am. No. 122, 2001

am. No. 103, 2004

s. 1317HA......................................ad. No. 122, 2001

am. No. 103, 2004

s. 1317HB ......................................ad. No. 26, 2010

am No 25, 2017

s. 1317J..........................................am. No. 122, 2001; No. 103, 2004; No. 178, 2012

s. 1317P .........................................am. No. 122, 2001; No. 103, 2004; No. 68, 2012

s. 1317R.........................................am. No. 103, 2004

s. 1317S .........................................am. No. 103, 2004; Nos. 68 and 178, 2012

Part 9.5

s. 1318 ...........................................am. No. 103, 2004; No. 126, 2006

s 1321 ............................................am No 126, 2006

rep No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 577

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1322 ...........................................am. No. 103, 2004

s. 1323 ...........................................am. Nos. 117 and 122, 2001

s. 1324A.........................................am. No. 122, 2001

s. 1324B.........................................am. No. 122, 2001; No. 26, 2010; No. 178, 2012; No 25, 2017

s. 1325 ...........................................am. No. 122, 2001; No. 118, 2004; No. 26, 2010; No. 42, 2011; No 25,

2017

s. 1325A.........................................am. No. 122, 2001

s. 1325B.........................................am. No. 122, 2001

Part 9.6

s. 1335 ...........................................am. No. 116, 2003; No. 126, 2006

Part 9.6A

Division 2

Division 2 heading.........................rs. No. 116, 2003

s. 1338B.........................................am. No. 108, 2009

Part 9.7

s. 1339 ...........................................rs. No. 74, 2007

am. No. 176, 2012

s. 1340 ...........................................am. No. 74, 2007

s. 1341 ...........................................am. No. 8, 2005; No. 74, 2007; No. 176, 2012

Part 9.9

s. 1344 ...........................................ad. No. 24, 2003

s. 1345A.........................................am. No. 101, 2007

s 1349 ............................................ad No 132, 2007

am No 103, 2010; No 11, 2016

Part 9.10

Part 9.10 heading ...........................rs. No. 24, 2003

s 1351 ............................................rs No 24, 2003

am No 101, 2007; No 48, 2012; No 11, 2016

s. 1359 ...........................................am. No. 24, 2003

Part 9.12

s. 1364 ...........................................am. No. 122, 2001; No. 24, 2003; No. 132, 2007; No. 24, 2011

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

578 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s. 1367A.........................................ad. No. 48, 2012

s. 1368 ...........................................am. No. 122, 2001

Chapter 10

Part 10.1

Division 1

s. 1372 ...........................................am. No. 55, 2001

Division 4

s. 1382 ...........................................am. No. 55, 2001

s. 1384A.........................................ad. No. 55, 2001

s. 1384B.........................................ad. No. 55, 2001

Division 5

s. 1390 ...........................................am. No. 5, 2011

Division 6

s 1400 ............................................am No 75, 2017

s 1401 ............................................am No 75, 2017

s. 1408 ...........................................am. No. 116, 2003

Division 7

s. 1409 ...........................................am. No. 154, 2007

Part 10.2

Part 10.2.........................................ad. No. 123, 2001

Division 1

Subdivision A

s. 1410 ...........................................ad. No. 123, 2001

Subdivision B

s. 1411 ...........................................ad. No. 123, 2001

s. 1412 ...........................................ad. No. 123, 2001

s. 1413 ...........................................ad. No. 123, 2001

s. 1414 ...........................................ad. No. 123, 2001

am. No. 141, 2003

s. 1415 ...........................................ad. No. 123, 2001

s. 1416 ...........................................ad. No. 123, 2001

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 579

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

am. No. 141, 2003

s. 1417 ...........................................ad. No. 123, 2001

am. No. 5, 2011

s. 1418 ...........................................ad. No. 123, 2001

s. 1419 ...........................................ad. No. 123, 2001

s. 1420 ...........................................ad. No. 123, 2001

s. 1421 ...........................................ad. No. 123, 2001

s. 1422 ...........................................ad. No. 123, 2001

Subdivision C

s. 1423 ...........................................ad. No. 123, 2001

s. 1424 ...........................................ad. No. 123, 2001

s. 1424A.........................................ad. No. 123, 2001

s. 1425 ...........................................ad. No. 123, 2001

s. 1426 ...........................................ad. No. 123, 2001

am. No. 141, 2003

s. 1427 ...........................................ad. No. 123, 2001

s. 1428 ...........................................ad. No. 123, 2001

am. No. 141, 2003

s. 1429 ...........................................ad. No. 123, 2001

Subdivision D

s. 1430 ...........................................ad. No. 123, 2001

s. 1431 ...........................................ad. No. 123, 2001

am. No. 141, 2003

s. 1432 ...........................................ad. No. 123, 2001

s. 1433 ...........................................ad. No. 123, 2001

s. 1434 ...........................................ad. No. 123, 2001

s. 1435 ...........................................ad. No. 123, 2001

s. 1436 ...........................................ad. No. 123, 2001

s. 1436A.........................................ad. No. 123, 2001

s. 1437 ...........................................ad. No. 123, 2001

am. No. 141, 2003; No. 5, 2011

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

580 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision E

s. 1438 ...........................................ad. No. 123, 2001

am. No. 141, 2003; No. 154, 2007; No. 5, 2011

s. 1439 ...........................................ad. No. 123, 2001

s. 1440 ...........................................ad. No. 123, 2001

s. 1441 ...........................................ad. No. 123, 2001

s. 1442 ...........................................ad. No. 123, 2001

am. No. 141, 2003; No. 5, 2011

Subdivision F

s. 1442A.........................................ad. No. 123, 2001

s. 1442B.........................................ad. No. 123, 2001

Division 2

s. 1443 ...........................................ad. No. 123, 2001

s. 1444 ...........................................ad. No. 123, 2001

am. No. 154, 2007

s. 1445 ...........................................ad. No. 123, 2001

am. No. 154, 2007

Part 10.3

Part 10.3.........................................ad No 24, 2003

s 1446 ............................................ad No 24, 2003

rep No 96, 2010

s 1447 ............................................ad No 24, 2003

s.1448 ............................................ad No 24, 2003

am No 103, 2004

Part 10.4

Part 10.4.........................................ad No 141, 2003

s 1449 ............................................ad No 141, 2003

s 1450 ............................................ad No 141, 2003

s 1451 ............................................ad No 141, 2003

s 1452 ............................................ad No 141, 2003

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 581

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 10.5

Part 10.5.........................................ad No 103, 2004

s 1453 ............................................ad No 103, 2004

s 1454 ............................................ad No 103, 2004

s 1455 ............................................ad No 103, 2004

am No 1, 2007

s 1456 ............................................ad No 103, 2004

s 1457 ............................................ad No 103, 2004

s 1458 ............................................ad No 103, 2004

s 1459 ............................................ad No 103, 2004

s 1460 ............................................ad No 103, 2004

s 1461 ............................................ad No 103, 2004

s 1462 ............................................ad No 103, 2004

am No 138, 2005

s 1463 ............................................ad No 103, 2004

s 1464 ............................................ad No 103, 2004

s 1465 ............................................ad No 103, 2004

s 1466A..........................................ad No 103, 2004

s 1466 ............................................ad No 103, 2004

s 1467 ............................................ad No 103, 2004

s 1468 ............................................ad No 103, 2004

s 1469 ............................................ad No 103, 2004

s 1470 ............................................ad No 103, 2004

s 1471 ............................................ad No 103, 2004

Part 10.8

Part 10.8.........................................ad No 64, 2007

s 1478 ............................................ad No 64, 2007

Part 10.9

Part 10.9.........................................ad No 132, 2007

s 1479 ............................................ad No 132, 2007

s 1480 ............................................ad No 132, 2007

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

582 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 1481 ............................................ad No 132, 2007

s 1482 ............................................ad No 132, 2007

s 1483 ............................................ad No 132, 2007

am No 96, 2010; No 35, 2011

Part 10.10

Part 10.10.......................................ad No 146, 2008

s 1484 ............................................ad No 146, 2008

Part 10.11

Part 10.11.......................................ad No 9, 2009

s 1485 ............................................ad No 9, 2009

s 1486 ............................................ad No 9, 2009

Part 10.12

Part 10.12.......................................ad No 108, 2009

Division 1

s 1487 ............................................ad No 108, 2009

s 1488 ............................................ad No 108, 2009

s 1489 ............................................ad No 108, 2009

s 1490 ............................................ad No 108, 2009

s 1491 ............................................ad No 108, 2009

s 1492 ............................................ad No 108, 2009

Division 2

s 1493 ............................................ad No 108, 2009

s 1494 ............................................ad No 108, 2009

s 1495 ............................................ad No 108, 2009

s 1496 ............................................ad No 108, 2009

Division 3

s 1497 ............................................ad No 108, 2009

s 1498 ............................................ad No 108, 2009

Part 10.13

Part 10.13.......................................ad No 96, 2010

s 1498A..........................................ad No 96, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 583

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

rep No 96, 2010

s 1499 ............................................ad No 96, 2010

s 1500 ............................................ad No 96, 2010

s 1501 ............................................ad No 96, 2010

am No 35, 2011

s 1501A..........................................ad No 35, 2011

s 1501B..........................................ad No 35, 2011

s 1502 ............................................ad No 96, 2010

s 1503 ............................................ad No 96, 2010

s 1504 ............................................ad No 96, 2010

s 1505 ............................................ad No 96, 2010

s 1506 ............................................ad No 96, 2010

s 1507 ............................................ad No 96, 2010

s 1508 ............................................ad No 96, 2010

s 1509 ............................................ad No 96, 2010

s 1510 ............................................ad No 96, 2010

am No 35, 2011

Part 10.14

Part 10.14.......................................ad No 66, 2010

s 1510A..........................................ad No 66, 2010

s 1510B..........................................ad No 66, 2010

Part 10.15

Part 10.15.......................................ad No 26, 2010 (as am by No 66, 2010)

s 1511 ............................................ad No 26, 2010

s 1512 ............................................ad No 26, 2010

s 1513 ............................................ad No 26, 2010

Part 10.16

Part 10.16.......................................ad No 131, 2010

s 1516 ............................................ad No 131, 2010

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

584 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 10.17

Part 10.17.......................................ad No 42, 2011

s 1517 ............................................ad No 42, 2011

s 1518 ............................................ad No 42, 2011

s 1519 ............................................ad No 42, 2011

s 1520 ............................................ad No 42, 2011

s 1521 ............................................ad No 42, 2011

s 1522 ............................................ad No 42, 2011

s 1523 ............................................ad No 42, 2011

s 1524 ............................................ad No 42, 2011

s 1525 ............................................ad No 42, 2011

Part 10.18

Part 10.18 heading .........................rs No 22, 2016

Part 10.18.......................................ad No 68, 2012

Division 1

Division 1 heading.........................ad No 22, 2016

s 1526 ............................................ad No 68, 2012

am No 61, 2013

s 1527 ............................................ad No 68, 2012

s 1528 ............................................ad No 68, 2012

s 1529 ............................................ad No 68, 2012

s 1530 ............................................ad No 68, 2012

s 1531 ............................................ad No 68, 2012

Division 2

Division 2 ......................................ad No 22, 2016

s 1531A..........................................ad No 22, 2016

s 1521B..........................................ad No 22, 2016

s 1531C..........................................ad No 22, 2016

s 1531D..........................................ad No 22, 2016

s 1532E ..........................................ad No 22, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 585

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 10.19

Part 10.19.......................................ad No 48, 2012

s 1532 ............................................ad No 48, 2012

s 1533 ............................................ad No 48, 2012

s 1534 ............................................ad No 48, 2012

s 1535 ............................................ad No 48, 2012

Part 10.20

Part 10.20.......................................ad No 72, 2012

s 1536 ............................................ad No 72, 2012

s 1537 ............................................ad No 72, 2012

Part 10.21

Part 10.21.......................................ad No 118, 2012

s 1538 ............................................ad No 118, 2012

Part 10.21A

Part 10.21A....................................ad No 61, 2013

s 1538A..........................................ad No 61, 2013

s 1538B..........................................ad No 61, 2013

Part 10.22

Part 10.22.......................................ad No 171, 2012

s 1539 ............................................ad No 171, 2012

s 1540 ............................................ad No 171, 2012

am No 61, 2013

s 1541 ............................................ad No 171, 2012

Part 10.23

Part 10.23.......................................ad No 83, 2014

s 1542 ............................................ad No 83, 2014

s 1543 ............................................ad No 83, 2014

s 1544 ............................................ad No 83, 2014

s 1545 ............................................ad No 83, 2014

s 1546 ............................................ad No 83, 2014

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

586 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Part 10.23A

Part 10.23A....................................ad No 7, 2017

Division 1

s 1546A..........................................ad No 7, 2017

Division 2

s 1546B..........................................ad No 7, 2017

s 1546C..........................................ad No 7, 2017

s 1546D..........................................ad No 7, 2017

s 1546E ..........................................ad No 7, 2017

s 1546F ..........................................ad No 7, 2017

s 1546G..........................................ad No 7, 2017

s 1546H..........................................ad No 7, 2017

s 1546J...........................................ad No 7, 2017

s 1546K..........................................ad No 7, 2017

s 1546L ..........................................ad No 7, 2017

s 1546M.........................................ad No 7, 2017

s 1546N..........................................ad No 7, 2017

s 1546P ..........................................ad No 7, 2017

s 1546Q..........................................ad No 7, 2017

s 1546R..........................................ad No 7, 2017

s 1546S ..........................................ad No 7, 2017

s 1546T ..........................................ad No 7, 2017

s 1546U..........................................ad No 7, 2017

s 1546V..........................................ad No 7, 2017

Division 3

s 1546W.........................................ad No 7, 2017

s 1546X..........................................ad No 7, 2017

s 1546Y..........................................ad No 7, 2017

s 1546Z ..........................................ad No 7, 2017

s 1546ZA .......................................ad No 7, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 587

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 4

s 1546ZB .......................................ad No 7, 2017

Part 10.24

Part 10.24.......................................ad No 19, 2015

s 1547 ............................................ad No 19, 2015

s 1548 ............................................ad No 19, 2015

s 1549 ............................................ad No 19, 2015

Part 10.24A

Part 10.24A....................................ad No 6, 2017

s 1549A..........................................ad No 6, 2017

s 1549B..........................................ad No 6, 2017

Part 10.25

Part 10.25.......................................ad No 11, 2016

Division 1

s 1550 ............................................ad No 11, 2016

s 1551 ............................................ad No 11, 2016

Division 2

Subdivision A

s 1552 ............................................ad No 11, 2016

s 1553 ............................................ad No 11, 2016

s 1554 ............................................ad No 11, 2016

s 1555 ............................................ad No 11, 2016

s 1556 ............................................ad No 11, 2016

s 1557 ............................................ad No 11, 2016

s 1558 ............................................ad No 11, 2016

s 1559 ............................................ad No 11, 2016

s 1560 ............................................ad No 11, 2016

Subdivision B

s 1561 ............................................ad No 11, 2016

Subdivision C

s 1562 ............................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

588 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision D

s 1563 ............................................ad No 11, 2016

s 1564 ............................................ad No 11, 2016

Subdivision E

s 1565 ............................................ad No 11, 2016

s 1566 ............................................ad No 11, 2016

s 1567 ............................................ad No 11, 2016

s 1568 ............................................ad No 11, 2016

s 1569 ............................................ad No 11, 2016

Subdivision F

s 1570 ............................................ad No 11, 2016

s 1571 ............................................ad No 11, 2016

s 1572 ............................................ad No 11, 2016

s 1573 ............................................ad No 11, 2016

s 1574 ............................................ad No 11, 2016

s 1575 ............................................ad No 11, 2016

Subdivision G

s 1576 ............................................ad No 11, 2016

s 1577 ............................................ad No 11, 2016

Division 3

Subdivision A

s 1578 ............................................ad No 11, 2016

Subdivision B

s 1579 ............................................ad No 11, 2016

Subdivision C

s 1580 ............................................ad No 11, 2016

s 1581 ............................................ad No 11, 2016

s 1582 ............................................ad No 11, 2016

s 1583 ............................................ad No 11, 2016

s 1584 ............................................ad No 11, 2016

s 1585 ............................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 589

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision D

s 1586 ............................................ad No 11, 2016

s 1587 ............................................ad No 11, 2016

s 1588 ............................................ad No 11, 2016

s 1589 ............................................ad No 11, 2016

s 1590 ............................................ad No 11, 2016

Subdivision E

s 1591 ............................................ad No 11, 2016

s 1592 ............................................ad No 11, 2016

s 1593 ............................................ad No 11, 2016

s 1594 ............................................ad No 11, 2016

s 1595 ............................................ad No 11, 2016

s 1596 ............................................ad No 11, 2016

s 1597 ............................................ad No 11, 2016

s 1598 ............................................ad No 11, 2016

s 1599 ............................................ad No 11, 2016

s 1600 ............................................ad No 11, 2016

Subdivision F

s 1601 ............................................ad No 11, 2016

s 1602 ............................................ad No 11, 2016

s 1603 ............................................ad No 11, 2016

s 1604 ............................................ad No 11, 2016

s 1605 ............................................ad No 11, 2016

s 1606 ............................................ad No 11, 2016

Subdivision G

s 1607 ............................................ad No 11, 2016

s 1608 ............................................ad No 11, 2016

s 1609 ............................................ad No 11, 2016

s 1610 ............................................ad No 11, 2016

s 1611 ............................................ad No 11, 2016

s 1612 ............................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

590 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 1613 ............................................ad No 11, 2016

s 1614 ............................................ad No 11, 2016

Subdivision H

s 1615 ............................................ad No 11, 2016

s 1616 ............................................ad No 11, 2016

s 1617 ............................................ad No 11, 2016

s 1618 ............................................ad No 11, 2016

s 1619 ............................................ad No 11, 2016

s 1620 ............................................ad No 11, 2016

Division 4

s 1621 ............................................ad No 11, 2016

Division 5

s 1622 ............................................ad No 11, 2016

s 1623 ............................................ad No 11, 2016

s 1624 ............................................ad No 11, 2016

s 1625 ............................................ad No 11, 2016

s 1626 ............................................ad No 11, 2016

s 1627 ............................................ad No 11, 2016

s 1628 ............................................ad No 11, 2016

s 1629 ............................................ad No 11, 2016

s 1630 ............................................ad No 11, 2016

s 1631 ............................................ad No 11, 2016

s 1632 ............................................ad No 11, 2016

s 1633 ............................................ad No 11, 2016

Division 6

s 1634 ............................................ad No 11, 2016

Part 10.26

Part 10.26.......................................ad No 11, 2016

s 1635 ............................................ad No 11, 2016

Part 10.28

Part 10.28.......................................ad No 25, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 591

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 1636A..........................................ad No 25, 2017

s 1637 ............................................ad No 25, 2017

Schedule 2

Schedule 2......................................rep No 122, 2001

ad No 11, 2016

Part 1

Division 1

s 1-1 ...............................................ad No 11, 2016

s 1-5 ...............................................ad No 11, 2016

Division 5

Subdivision A

s 5-1 ...............................................ad No 11, 2016

Subdivision B

s 5-5 ...............................................ad No 11, 2016

Subdivision C

s 5-10 .............................................ad No 11, 2016

s 5-15 .............................................ad No 11, 2016

s 5-20 .............................................ad No 11, 2016

s 5-25 .............................................ad No 11, 2016

s 5-26 .............................................ad No 11, 2016

s 5-27 .............................................ad No 11, 2016

s 5-30 .............................................ad No 11, 2016

Part 2

Division 10

s 10-1 .............................................ad No 11, 2016

s 10-5 .............................................ad No 11, 2016

Division 15

s 15-1 .............................................ad No 11, 2016

Division 20

Subdivision A

s 20-1 .............................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

592 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision B

s 20-5 .............................................ad No 11, 2016

s 20-10 ...........................................ad No 11, 2016

s 20-15 ...........................................ad No 11, 2016

s 20-20 ...........................................ad No 11, 2016

s 20-25 ...........................................ad No 11, 2016

s 20-30 ...........................................ad No 11, 2016

s 20-35 ...........................................ad No 11, 2016

Subdivision C

s 20-40 ...........................................ad No 11, 2016

s 20-45 ...........................................ad No 11, 2016

s 20-50 ...........................................ad No 11, 2016

s 20-55 ...........................................ad No 11, 2016

s 20-60 ...........................................ad No 11, 2016

s 20-65 ...........................................ad No 11, 2016

Subdivision D

s 20-70 ...........................................ad No 11, 2016

s 20-75 ...........................................ad No 11, 2016

Subdivision E

s 20-80 ...........................................ad No 11, 2016

Division 25

s 25-1 .............................................ad No 11, 2016

Division 30

s 30-1 .............................................ad No 11, 2016

Division 35

s 35-1 .............................................ad No 11, 2016

s 35-5 .............................................ad No 11, 2016

Division 40

Subdivision A

s 40-1 .............................................ad No 11, 2016

Subdivision B

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 593

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 40-5 .............................................ad No 11, 2016

s 40-10 ...........................................ad No 11, 2016

s 40-15 ...........................................ad No 11, 2016

Subdivision C

s 40-20 ...........................................ad No 11, 2016

Subdivision D

s 40-25 ...........................................ad No 11, 2016

am No 45, 2017

s 40-30 ...........................................ad No 11, 2016

am No 45, 2017

s 40-35 ...........................................ad No 11, 2016

Subdivision E

s 40-40 ...........................................ad No 11, 2016

s 40-45 ...........................................ad No 11, 2016

s 40-50 ...........................................ad No 11, 2016

s 40-55 ...........................................ad No 11, 2016

s 40-60 ...........................................ad No 11, 2016

s 40-65 ...........................................ad No 11, 2016

Subdivision F

s 40-70 ...........................................ad No 11, 2016

s 40-75 ...........................................ad No 11, 2016

s 40-80 ...........................................ad No 11, 2016

s 40-85 ...........................................ad No 11, 2016

s 40-90 ...........................................ad No 11, 2016

s 40-95 ...........................................ad No 11, 2016

Subdivision G

s 40-100 .........................................ad No 11, 2016

s 40-105 .........................................ad No 11, 2016

s 40-110 .........................................ad No 11, 2016

am No 55, 2017

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

594 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision H

s 40-111 .........................................ad No 11, 2016

Division 45

s 45-1 .............................................ad No 11, 2016

s 45-5 .............................................ad No 11, 2016

Division 50

s 50-1 .............................................ad No 11, 2016

s 50-5 .............................................ad No 11, 2016

s 50-10 ...........................................ad No 11, 2016

s 50-15 ...........................................ad No 11, 2016

s 50-20 ...........................................ad No 11, 2016

s 50-25 ...........................................ad No 11, 2016

s 50-30 ...........................................ad No 11, 2016

s 50-35 ...........................................ad No 11, 2016

Part 3

Division 55

s 55-1 .............................................ad No 11, 2016

Division 60

Subdivision A

s 60-1 .............................................ad No 11, 2016

Subdivision B

s 60-2 .............................................ad No 11, 2016

s 60-5 .............................................ad No 11, 2016

s 60-10 ...........................................ad No 11, 2016

s 60-11 ...........................................ad No 11, 2016

s 60-12 ...........................................ad No 11, 2016

s 60-15 ...........................................ad No 11, 2016

Subdivision C

s 60-16 ...........................................ad No 11, 2016

Subdivision D

s 60-17 ...........................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 595

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Subdivision E

s 60-20 ...........................................ad No 11, 2016

am No 55, 2017

Division 65

s 65-1 .............................................ad No 11, 2016

s 65-5 .............................................ad No 11, 2016

s 65-10 ...........................................ad No 11, 2016

s 65-15 ...........................................ad No 11, 2016

s 65-20 ...........................................ad No 11, 2016

s 65-25 ...........................................ad No 11, 2016

s 65-40 ...........................................ad No 11, 2016

s 65-45 ...........................................ad No 11, 2016

s 65-50 ...........................................ad No 11, 2016

Division 70

Subdivision A

s 70-1 .............................................ad No 11, 2016

Subdivision B

s 70-5 .............................................ad No 11, 2016

s 70-6 .............................................ad No 11, 2016

am No 55, 2017

Subdivision C

s 70-10 ...........................................ad No 11, 2016

s 70-15 ...........................................ad No 11, 2016

s 70-20 ...........................................ad No 11, 2016

s 70-25 ...........................................ad No 11, 2016

s 70-30 ...........................................ad No 11, 2016

s 70-31 ...........................................ad No 11, 2016

s 70-35 ...........................................ad No 11, 2016

s 70-36 ...........................................ad No 11, 2016

Subdivision D

s 70-40 ...........................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

596 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 70-45 ...........................................ad No 11, 2016

s 70-46 ...........................................ad No 11, 2016

s 70-47 ...........................................ad No 11, 2016

s 70-50 ...........................................ad No 11, 2016

Subdivision E

s 70-55 ...........................................ad No 11, 2016

Subdivision F

s 70-60 ...........................................ad No 11, 2016

Subdivision G

s 70-65 ...........................................ad No 11, 2016

s 70-70 ...........................................ad No 11, 2016

s 70-75 ...........................................ad No 11, 2016

s 70-80 ...........................................ad No 11, 2016

s 70-85 ...........................................ad No 11, 2016

s 70-90 ...........................................ad No 11, 2016

Division 75

s 75-1 .............................................ad No 11, 2016

s 75-5 .............................................ad No 11, 2016

s 75-10 ...........................................ad No 11, 2016

s 75-15 ...........................................ad No 11, 2016

s 75-20 ...........................................ad No 11, 2016

s 75-25 ...........................................ad No 11, 2016

s 75-30 ...........................................ad No 11, 2016

s 75-35 ...........................................ad No 11, 2016

s 75-40 ...........................................ad No 11, 2016

s 75-41 ...........................................ad No 11, 2016

s 75-42 ...........................................ad No 11, 2016

s 75-43 ...........................................ad No 11, 2016

s 75-44 ...........................................ad No 11, 2016

s 75-45 ...........................................ad No 11, 2016

s 75-50 ...........................................ad No 11, 2016

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 597

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

Division 80

s 80-1 .............................................ad No 11, 2016

s 80-5 .............................................ad No 11, 2016

s 80-10 ...........................................ad No 11, 2016

s 80-15 ...........................................ad No 11, 2016

s 80-20 ...........................................ad No 11, 2016

s 80-25 ...........................................ad No 11, 2016

s 80-26 ...........................................ad No 11, 2016

s 80-27 ...........................................ad No 11, 2016

s 80-30 ...........................................ad No 11, 2016

s 80-35 ...........................................ad No 11, 2016

s 80-40 ...........................................ad No 11, 2016

s 80-45 ...........................................ad No 11, 2016

s 80-50 ...........................................ad No 11, 2016

s 80-55 ...........................................ad No 11, 2016

s 80-60 ...........................................ad No 11, 2016

s 80-65 ...........................................ad No 11, 2016

s 80-70 ...........................................ad No 11, 2016

Division 85

s 85-1 .............................................ad No 11, 2016

s 85-5 .............................................ad No 11, 2016

Division 90

Subdivision A

s 90-1 .............................................ad No 11, 2016

Subdivision B

s 90-5 .............................................ad No 11, 2016

s 90-10 ...........................................ad No 11, 2016

s 90-15 ...........................................ad No 11, 2016

s 90-20 ...........................................ad No 11, 2016

s 90-21 ...........................................ad No 11, 2016

Subdivision C

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

598 Corporations Act 2001

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

s 90-22 ...........................................ad No 11, 2016

s 90-23 ...........................................ad No 11, 2016

s 90-24 ...........................................ad No 11, 2016

s 90-25 ...........................................ad No 11, 2016

s 90-26 ...........................................ad No 11, 2016

s 90-27 ...........................................ad No 11, 2016

s 90-28 ...........................................ad No 11, 2016

s 90-29 ...........................................ad No 11, 2016

Subdivision D

s 90-30 ...........................................ad No 11, 2016

s 90-35 ...........................................ad No 11, 2016

Part 4

Division 95

s 95-1 .............................................ad No 11, 2016

Division 100

s 100-5 ...........................................ad No 11, 2016

s 100-6 ...........................................ad No 11, 2016

Division 105

s 105-1 ...........................................ad No 11, 2016

Schedule 3

Schedule 3......................................am No 55, 2001; No 117, 2001; No 122, 2001; No 123, 2001; No 24,

2003; No 116, 2003; No 141, 2003; No 103, 2004; No 85, 2007; No

101, 2007; No 132, 2007; No 149, 2007; No 154, 2007; No. 146, 2008;

No 108, 2009; No 115, 2009; No 66, 2010; No 131, 2010; No 24, 2011;

No 42, 2011; No 68, 2012; No 72, 2012; No 118, 2012; No 155, 2012;

No 171, 2012; No 178, 2012; No 180, 2012; No 11, 2016; No 7, 2017;

No 17, 2017

Schedule 4

Part 5

c 29 ................................................am No 122, 2001

c 32 ................................................am No 122, 2001

Part 6

Authorised Version C2017C00210 registered 06/07/2017

Endnotes

Endnote 4—Amendment history

Corporations Act 2001 599

Compilation No. 79 Compilation date: 1/7/17 Registered: 6/7/17

Provision affected How affected

c 36 ................................................am No 116, 2003

Authorised Version C2017C00210 registered 06/07/2017