CORPORATIONS ACT 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.1 - TRANSITION FROM THE OLD CORPORATIONS LEGISLATION  

Division 4 - Court proceedings and orders  

SECTION 1385   REFERENCES TO PROCEEDINGS AND ORDERS IN THE NEW CORPORATIONS LEGISLATION  

1385(1)   [ Taking of proceeding or step in proceeding]  

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 legislation of a State or Territory in this jurisdiction, as that legislation continues to have effect after the commencement.

1385(2)   [ Order made under new corporations legislation]  

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.

1385(3)   [ Unintended operation]  

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.

1385(4)   [ Order varied or set aside]  

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.

1385(5)   [ Regulations]  

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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