Section 1407 — Corporations Act 2001: References to old corporations legislation in instruments

(1) Subject to subsection (2), a reference in, or taken immediately before the commencement to be in, an instrument, other than: (a) an Act of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island; or (b) an instrument made under such an Act; to: (c) an Act, or to regulations or some other instrument, that is part of the old corporations legislation (whether the reference is in general terms or in relation to a particular State or Territory in this jurisdiction); or (d) to a provision or group of provisions of such an Act, regulations or other instrument; is taken, after the commencement, to include a reference to the corresponding part, provision or provisions of the new corporations legislation (unless there is no such corresponding part, provision or provisions). Note: This section will, for example, apply to: (a) a reference in another Commonwealth Act to the Corporations Law; or (b) a reference in the Corporations Regulations to the Corporations Law; or (c) a reference in a company’s constitution to a particular provision of the Corporations Law. (2) The regulations may do either or both of the following: (a) provide that subsection (1) does not apply in relation to prescribed references in prescribed instruments; (b) provide that subsection (1) has effect in relation to prescribed references in prescribed instruments as if, in that subsection, the words “to be” were substituted for the words “to include”.