Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

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   LIMITATIONS ON SCOPE OF THIS DIVISION  

1397(1)   [ Limitations]  

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.

1397(2)   [ Further limitations]  

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.

1397(3)   [ Application of s 1400 and 1401]  

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.

1397(4)   [ Liabilities under old Corporations Law]  

Nothing in this Division applies to a liability under section 902, 904, 938, 940, 941, 1234, 1235 or 1351 of the old Corporations 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 .

    • 1397(5)   [ Generality of provisions]  

    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.

     

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