THE CORPORATIONS LAW

CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS

PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW

Division 5 - Changes resulting from the Corporate Law Reform Act 1992

SECTION 1389   APPLICATION OF PART 9.4B TO CONTRAVENTION COMMITTED BEFORE THAT PART COMMENCED  

1389(1)  [Consent required]  

Subsections (2) and (3) of this section apply where:

(a)  it is alleged or suspected that a person has contravened:

(i) subsection 232(2), (4), (5) or (6); or

(ii) subsection 234(5); or

(iii) subsection 318(1);

before the commencement of Part 9.4B; and

(b)  the person consents in writing to that Part applying in relation to the contravention.

1389(2)  [Application of Pt 9.4B]  

The provisions of Part 9.4B (except sections 1317FA, 1317HA, 1317HB, 1317HD and 1317HF) apply in relation to the contravention as if they had been in force when it was committed.

1389(3)  [Contravention of sec 232(2), (4), (5), (6)]  

In the case of a contravention of subsection 232(2), (4), (5) or (6):

(a)  the provisions of sections 1317HA and 1317HD and subsection 1317HF(1) apply in relation to the contravention as if they had been in force when it was committed; and

(b)  despite subsection 1375(2), subsection 232(8) does not apply in relation to the contravention.

1389(4)  [Sec 1317DB, 1317DC, 1317DD]  

Sections 1317DB, 1317DC and 1317DD have effect for the purposes of this section as if this section were in Part 9.4B.

1389(5)  [Sec 1375, 1378]  

Except as provided in paragraph (3)(b), this section does not affect the operation of section 1375 or 1378.