Corporations (Repeals, Consequentials and Transitionals) Act 2001 (Incorporating amendments up to Act No. 116 of 2003) (55 of 2001)

Part 3   Special transitional arrangements for ACT

Division 1   Transitional arrangements for the former Corporations Law and ASIC Law

5   Corresponding provision

 

(1) For the purposes of this Act, a provision (the old provision ) of the old ACT corporations legislation or the old ACT ASIC legislation corresponds to a provision (the new provision ) of the new corporations legislation or the new ASIC legislation (and vice versa) if:

(a) the old provision and the new provision are substantially the same, unless the regulations specify that the 2 provisions do not correspond; or

(b) the regulations specify that the 2 provisions correspond.

      

(2) For the purposes of paragraph (1)(a), differences of all or any of the following kinds are not sufficient to mean that 2 provisions are not substantially the same:

(a) differences in the numbering of the provisions;

(b) differences of a minor technical nature (for example, differences in punctuation, or differences that are attributable to the correction of incorrect cross references);

(c) the fact that one of the provisions refers to a corresponding previous law and the other does not;

(d) the fact that:

(i) the old provision allowed a court to exercise powers on its own motion but the new provision does not; or

(ii) the old provision required a court to apply a criterion of public interest but the new provision requires a court to apply a criterion of justice and equity; or

(iii) the new provision requires ASIC to take account of public interest but the old provision did not;

(e) other differences that are attributable to the fact that the new corporations legislation and the new ASIC legislation apply as Commonwealth laws in the States and the internal Territories;

(f) other differences of a kind prescribed by the regulations for the purposes of this paragraph.

      

(3) Subsection (2) is not intended to otherwise limit the circumstances in which 2 provisions are, for the purposes of paragraph (1)(a), substantially the same.

      

(4) The regulations may provide that:

(a) a specified provision of the old ACT corporations legislation does, or does not, correspond to a specified provision of the new corporations legislation; or

(b) a specified provision of the old ACT ASIC legislation does, or does not, correspond to a specified provision of the new ASIC legislation.