THE CORPORATIONS LAW

CHAPTER 1 - INTRODUCTORY

PART 1.2 - INTERPRETATION

Division 8 - Miscellaneous interpretation rules

SECTION 102A   APPLICATION NOT TO BE GRANTED UNLESS APPLICATIONS ALSO MADE UNDER CORRESPONDING LAWS  

102A(1)  [Purpose]  

This section facilitates the administration, on a national basis, of the Corporations Law of each jurisdiction by requiring some kinds of application to be made under the Corporations Law of each jurisdiction.

102A(2)  [Expressing an application for effect in each jurisdiction]  

This can be done by expressing an application to be made under the Corporations Law (rather than under the Corporations Law of a particular jurisdiction), so that it has effect as an application under the relevant provision of the Corporations Law of each jurisdiction.

102A(3)  [Application of section]  

Subject to subsection (6), this section applies to an application under section 601CB, 601CE, 769, 770, 770A, 779B, 782, 1067, 1126, 1131, 1132, 1144 or 1279 of the Corporations Law of this jurisdiction.

102A(4)  [Where application not to be granted]  

The application is not to be granted unless the applicant has also made (by the means described in subsection (2) or otherwise) a corresponding application under the corresponding section of the Corporations Law of each jurisdiction other than this jurisdiction.

102A(5)  [Where corresponding application has been refused]  

Also, the application is not to be granted if a corresponding application has been refused, or if it is proposed to refuse a corresponding application.

102A(6)  [Where section does not apply]  

This section does not apply in relation to an application that:

(a)  was made under a previous law of this jurisdiction corresponding to a provision of this Law; and

(b)  is taken because of a provision of this Law to have been made under the provision to which that previous law corresponds.