Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.36 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (STRENGTHENING CORPORATE AND FINANCIAL SECTOR PENALTIES) ACT 2019  

SECTION 1660   APPLICATION - DEFINITION OF DISHONESTY  

1660(1)  
The amendment of the definition of dishonesty in section 9 of the Act made by item 7 of Schedule 1 to the amending Act applies in relation to a decision whether to convict a person of an offence under this Act for which dishonesty is an element, if the conduct constituting the commission of the offence occurs wholly on or after the commencement day.

1660(2)  
The amendment of the definition of dishonesty in section 9 of the Act made by item 7 of Schedule 1 to the amending Act applies:


(a) in relation to the disqualification of a person from managing corporations under section 206B of the Act - to convictions for an offence involving dishonesty that occur on or after the commencement day; and


(b) in relation to a decision under section 913B of the Act whether to grant an Australian financial services licence - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day; and


(c) in relation to a decision under section 915B of the Act whether to suspend or cancel an Australian financial services licence - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day; and


(d) in relation to a decision under section 920A of the Act whether to make a banning order - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day; and


(e) in relation to a decision to register a person as a liquidator under section 20-20 of Schedule 2 to the Act - to decisions made on or after the commencement day (whether conviction for the offence involving dishonesty occurs before on or after the commencement day); and


(f) in relation to the obligation on a registered liquidator under section 35-1 of the Schedule 2 to the Act to lodge notice with ASIC of a conviction for an offence involving fraud or dishonesty - to convictions that occur on or after the commencement day; and


(g) in relation to a decision under section 40-25 of Schedule 2 to the Act to suspend the registration of a person as a liquidator - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day; and


(h) in relation to a decision under section 40-30 of Schedule 2 to the Act to cancel the registration of a person as a liquidator - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day; and


(i) in relation to a decision under section 40-40 of Schedule 2 to the Act to give a show cause notice - to convictions for an offence involving dishonesty whether the conviction occurs before, on or after the commencement day.


 

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