CHAPTER 9
-
MISCELLANEOUS
PART 9.12
-
REGULATIONS
SECTION 1363
1363
DEFINITIONS
(Repealed by No 76 of 2023, s 3, Sch 2[612] (effective 20 October 2023).)
SECTION 1364
POWER TO MAKE REGULATIONS
1364(1)
The Governor-General may make regulations prescribing matters:
(a)
required or permitted by this Act to be prescribed by regulations; or
(b)
necessary or convenient to be prescribed by such regulations for carrying out or giving effect to this Act.
1364(2)
Without limiting subsection (1), the regulations may make provision:
[
CCH Note:
There are no paragraphs 1364(2)(a), (b).]
(c)
for or in relation to the keeping of registers by ASIC, the lodging of documents with ASIC, the registration of documents by ASIC, the time and manner of lodging or registration, and the requirements with which documents lodged or to be lodged are to comply; and
(d)
prescribing forms for the purposes of this Act and the method of verifying any information required by or in those forms; and
(e)
prescribing the manner in which, the persons by whom, and the directions or requirements in accordance with which, the forms prescribed for the purposes of this Act, or any of them, are required or permitted to be signed, prepared, or completed, and generally regulating the signing, preparation and completion of those forms, or any of them; and
(f)
for or in relation to the convening of, conduct of, and procedure and voting at, meetings of creditors, meetings of eligible employee creditors, meetings of contributories and meetings of holders of debentures, and joint meetings of creditors and members of companies, the number of persons required to constitute a quorum at any such meeting, the sending of notices of meetings to persons entitled to attend at meetings, the lodging of copies of notices of, and of resolutions passed at, meetings, and generally regulating the conduct of, and procedure at, any such meeting; and
(g)
prescribing the persons by whom, and the circumstances and manner in which, proxies may be appointed and generally regulating the appointment and powers of proxies; and
(h)
for or in relation to the proving of debts in the winding up of a company, the manner of proving debts and the time within which debts are required or permitted to be proved and generally regulating the proving of debts; and
(j)
prescribing the manner in which a liquidator appointed by the Court may:
(i)
exercise powers and perform functions under subsection
478(1)
; and
(ii)
exercise any powers conferred, and perform any duties imposed, on the liquidator by regulations made for the purposes of subsection
488(1)
; and
(k)
prescribing the manner in which a liquidator in a voluntary winding up may exercise powers and perform functions under section
506
; and
[
CCH Note:
There is no paragraph 1364(2)(l).]
(m)
prescribing times for the lodging of any documents; and
(n)
prescribing penalties for late payment of a review fee; and
(o)
prescribing that, in relation to the payment of a fee imposed by the
Corporations (Fees) Act 2001
or the
Corporations (Review Fees) Act 2003
, in the event that the fee is paid by electronic means, a refund of an amount or proportion of the fee is payable; and
(p)
(Repealed)
(q)
(Repealed)
(r)
(Repealed)
(s)
for or in relation to the giving to ASIC of information in addition to, or in variation of, the information contained in a prescribed form lodged with it; and
(t)
for or in relation to the times within which information required to be given to ASIC under this Act must be so given; and
(u)
for or in relation to the manner in which:
(i)
orders made under this Act may be served on persons affected by the orders; and
(ii)
documents that are required or permitted by this Act to be served on a person may be so served; and
[
CCH Note:
The next paragraph is para 1364(2)(w).]
(w)
prescribing penalties not exceeding 50 penalty units for an individual or 500 penalty units for a body corporate for contraventions of the regulations.
Note: See also sections
1311B
and
1311C
in relation to the penalty applicable to an offence.
[
CCH Note:
S 1364(2) will be amended by No 69 of 2020, s 3, Sch 1[1286], by inserting
"
with ASIC or the Registrar
"
after
"
documents
"
in para (m) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 1364(2) amended by No 69 of 2023, s 3, Sch 2[123] (effective 15 September 2023).
S 1364(2) amended by No 17 of 2019, Sch 1
[
128] and
[
129] (effective 13 March 2019).
S 1364(2) (Note) inserted by No 24 of 2011, s 3, Sch 1
[
34].
S 1364(2) amended by No 132 of 2007, s 3, Sch 1, Pt 1
[
10].
S 1364(2) amended by No 24 of 2003, s 3, Sch 1
[
42], Sch 3
[
5].
S 1364(2) amended by No 122 of 2001, s 3, Sch 1, Pt 2
[
453] and
[
454].
SECTION 1365
1365
SCOPE OF PARTICULAR REGULATIONS
Except as otherwise expressly provided in this Act, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance.
SECTION 1366
1366
VERIFYING OR CERTIFYING DOCUMENTS
The regulations may:
(a)
where documents required by or under this Act to be lodged in accordance with this Act are required to be verified or certified and no manner of verification or certification is prescribed by or under this Act
-
require that the documents or any of them be verified or certified by statement in writing made by such persons as are prescribed by the regulations; and
(b)
where no express provision is made in this Act for verification or certification of documents
-
require that the documents be verified or certified by statement in writing by such persons as are prescribed.
[
CCH Note:
S 1366 will be amended by No 69 of 2020, s 3, Sch 1[1287] and
[
1288], by inserting
"
with ASIC
"
after
"
lodged
"
in para (a) and
"
lodged with ASIC
"
after
"
documents
"
(first occurring) in para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
SECTION 1367
1367
DOCUMENTS LODGED BY AN AGENT
The regulations may provide, in such cases as are specified in the regulations, that, if a document that is required by or under this Act to be lodged is signed or lodged on behalf of a person by an agent duly authorised by writing, there must be:
(a)
lodged with; or
(b)
endorsed on; or
(c)
annexed to;
that document, the original, or a verified copy, of the authority.
[
CCH Note:
S 1367 will be amended by No 69 of 2020, s 3, Sch 1[1289], by inserting
"
with ASIC
"
after
"
be lodged
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 1367 amended by No 76 of 2023, s 3, Sch 2[613] (effective 20 October 2023).
SECTION 1367A
PUBLICATION IN THE PRESCRIBED MANNER
1367A(1)
If a particular provision of this Act requires a person (other than ASIC) to:
(a)
publish a notice, or a copy of a notice, in the prescribed manner; or
(b)
cause a notice, or a copy of a notice, to be published in the prescribed manner;
the regulations may provide that:
(c)
the person is taken to have complied with that requirement if, and only if, the person lodges the notice or copy under subsection (2); and
(d)
if the person lodges the notice or copy under subsection (2), ASIC must publish the notice or copy in the manner specified in the regulations.
1367A(2)
A person may lodge a notice, or a copy of a notice, under this subsection if the notice or copy is covered by regulations made for the purposes of subsection (1).
History
S 1367A inserted by No 48 of 2012, s 3, Sch 1, Pt 2
[
26] (effective 1 July 2012).
SECTION 1368
1368
EXEMPTIONS FROM CHAPTER 6D OR 7
History
S 1368 heading amended by No 122 of 2001, s 3, Sch 1, Pt 2
[
455] (effective 11 March 2002).
The regulations may provide that, subject to any prescribed terms and conditions, Chapter 6D or 7, or specified provisions of Chapter 6D or 7:
(a)
do not have effect in relation to a specified person or class of persons; or
(b)
have effect in relation to a specified person or class of persons to such extent only as is prescribed; or
(c)
do not have effect in relation to a specified transaction or class of transactions; or
(d)
do not have effect in relation to a specified transaction or class of transactions entered into by a specified person or class of persons;
and may provide that a contravention of a prescribed term or condition is an offence against the regulations.
History
S 1368 amended by No 122 of 2001, s 3, Sch 1, Pt 2
[
455] (effective 11 March 2002).
SECTION 1369
PENALTY NOTICES
1369(1)
The regulations:
(a)
may prescribe offences against this Act (not being offences the penalties applicable to which include a term of imprisonment or a pecuniary penalty that exceeds $1,000), or offences against the regulations, for the purposes of Part
9.4AB
; and
(b)
must, in relation to each offence that is prescribed under this subsection:
(i)
prescribe the particulars of that offence that are to be given in a notice served on a person under that section in relation to the offence; and
(ii)
prescribe the amount of the penalty (being not more than half the amount of the penalty applicable to the offence) that is payable in respect of the offence under a notice served on a person under that section in relation to the offence.
History
S 1369(1) amended by No 17 of 2019, s 3, Sch 1
[
130] (effective 13 March 2019).
1369(2)
In subsection (1), a reference to a penalty applicable to an offence is a reference to the penalty that is applicable to that offence because of any of the provisions of sections
1311B
and
1311C
.
History
S 1369(2) amended by No 17 of 2019, s 3, Sch 1
[
131] (effective 13 March 2019).
1369(3)
The particulars of an offence required to be prescribed by subparagraph (1)(b)(i) may be prescribed by being set out in the form prescribed for the purposes of Part
9.4AB
in relation to the offence.
History
S 1369(3) amended by No 17 of 2019, s 3, Sch 1
[
132] (effective 13 March 2019).
SECTION 1369A
STATE TERMINATION OF REFERENCE
1369A(1)
[
Regulations]
The regulations may make provision in relation to circumstances that arise because a State ceases to be a referring State.
Note: For example, the regulations may prevent companies that have their registered office or financial records in the State from committing offences and give them time to relocate their office or records.
1369A(2)
[
Modifying operation of Act]
Without limiting subsection (1), regulations made under that subsection may modify the operation of this Act in relation to the circumstances dealt with in the regulations.