Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1335 — Costs
(1) Where a corporation is plaintiff in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that…
Section 1336 — Vesting of property
(1) Where an order is made by a court under this Act vesting property in a person: (a) subject to subsection (2), the property forthwith vests in the person named in the order without any conveyance,…
Section 1337A — Operation of Division
(1) This Division deals with: (a) the jurisdiction of courts in respect of civil matters arising under the Corporations legislation; and (b) the jurisdiction of courts in respect of matters arising…
Section 1337B — Jurisdiction of Federal Court and State and Territory Supreme Courts
(1) Jurisdiction is conferred on the Federal Court of Australia with respect to civil matters arising under the Corporations legislation. (2) Subject to section 9 of the Administrative Decisions…
Section 1337C — Jurisdiction of Federal Circuit and Family Court of Australia (Division 1) and State Family Courts
(1) Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Corporations legislation. (2) Subject to section 9 of…
Section 1337D — Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers)
(1) If a decision to prosecute a person for an offence against the Corporations legislation has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced…
Section 1337E — Jurisdiction of lower courts
(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on each State or Territory court that is a lower court with respect to civil matters…
Section 1337F — Appeals
(1) An appeal may not be instituted from a decision of the Federal Court to: (a) a State or Territory court; or (b) the Federal Circuit and Family Court of Australia (Division 1). (2) An appeal may…
Section 1337G — Courts to act in aid of each other
All courts having jurisdiction in: (a) civil matters arising under the Corporations legislation; or (b) matters referred to in subsection 1337B(3); and the officers of, or under the control of, those…
Section 1337H — Transfer of proceedings by the Federal Court and State and Territory Supreme Courts
(1) This section applies to a proceeding (the relevant proceeding) in a court (the transferor court) if: (a) the relevant proceeding is: (i) a proceeding with respect to a civil matter arising under…
Section 1337J — Transfer of proceedings by Federal Circuit and Family Court of Australia (Division 1) and State Family Courts
(1) This section applies to a proceeding (the relevant proceeding) in a court (the transferor court) if: (a) the relevant proceeding is with respect to a civil matter arising under the Corporations…
Section 1337K — Transfer of proceedings in lower courts
(1) This section applies to a proceeding (the relevant proceeding) in a court (the transferor court) if: (a) the relevant proceeding is with respect to a civil matter arising under the Corporations…
Section 1337L — Further matters for a court to consider when deciding whether to transfer a proceeding
In deciding whether to transfer under section 1337H, 1337J or 1337K a proceeding or application, a court must have regard to: (a) the principal place of business of any body corporate concerned in…
Section 1337M — Transfer may be made at any stage
A court may transfer under section 1337H, 1337J or 1337K a proceeding or application: (a) on the application of a party made at any stage; or (b) of the court’s own motion.
Section 1337N — Transfer of documents
If, under section 1337H, 1337J or 1337K, a court (the transferor court) transfers a proceeding, or an application in a proceeding, to another court: (a) the Registrar or other proper officer of the…
Section 1337P — Conduct of proceedings
(1) Subject to sections 1337S, 1337T and 1337U, if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant…
Section 1337Q — Rights of appearance
(1) This section applies if a proceeding (the transferred proceeding) in a court (the transferor court) is transferred to another court (the transferee court) under this Division. (2) A person who is…
Section 1337R — Limitation on appeals
An appeal does not lie from a decision of a court: (a) in relation to the transfer of a proceeding under this Division; or (b) as to which rules of evidence and procedure are to be applied pursuant…
Section 1337S — Rules of the Federal Court
(1) The power to make rules of court conferred by section 59 of the Federal Court of Australia Act 1976 extends to making rules of court: (a) with respect to proceedings, and the practice and…
Section 1337T — Rules of the Supreme Court
(1) The Judges of the Supreme Court of the Australian Capital Territory, or a majority of them, may make rules of court: (a) with respect to proceedings, and the practice and procedure, of that court…
Section 1337U — Rules of the Federal Circuit and Family Court of Australia (Division 1)
(1) The power to make Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 extends to making rules of court: (a) with respect to proceedings, and the practice…
Section 1338A — Operation of Division
(1) This Division provides in relation to the jurisdiction of courts in respect of criminal matters arising under the Corporations legislation and so provides to the exclusion of sections 68, 70 and…
Section 1338AA — Criminal jurisdiction of the Federal Court
Jurisdiction is conferred on the Federal Court to hear and determine prosecutions for indictable offences against this Act.
Section 1338B — Criminal jurisdiction of State and Territory courts
(1) Subject to this section, a court of a State or Territory exercising jurisdiction: (a) with respect to: (i) the summary conviction; or (ii) the examination and commitment for trial on indictment;…
Section 1338C — Laws to be applied
(1) Subject to this Division, the laws of a State or Territory respecting: (a) the arrest and custody in the State or Territory of offenders or persons charged with offences; and (b) criminal…
Section 1339 — ASIC to deal with unclaimed property
(1) Unclaimed property held by ASIC is to be dealt with in accordance with this Part. Note: Unclaimed property is held by ASIC for and on behalf of the Commonwealth (see subsections 8(3) and (4) of…
Section 1340 — No liability to pay calls on shares etc.
Where unclaimed property is or includes shares in a body corporate, neither the Commonwealth nor ASIC is subject to any obligation: (a) to pay any calls; or (b) to make any contribution to the debts…
Section 1341 — Entitlement to unclaimed property
(1) If: (a) unclaimed property is or was held by ASIC; and (b) the unclaimed property is an amount of money; and (c) a person claims to be entitled to that amount; and (d) ASIC is satisfied that the…
Section 1342 — Commonwealth or ASIC not liable for loss or damage
Neither the Commonwealth nor ASIC is liable for any loss or damage suffered by a person arising out of the exercise of, or the failure to exercise, any of the powers which are conferred on ASIC under…
Section 1343 — Disposal of securities if whereabouts of holder unknown
Where a person has been shown in an appropriate register of a company as the holder of securities of the company for a period of at least 6 years and the company has, for a period of at least 6…
Section 1343A — Disposal of interests in registered scheme if whereabouts of member unknown
If, during a period of at least 6 years while a person has been shown in the register of members of a registered scheme as the holder of interests in the scheme: (a) the responsible entity has had…
Section 1344 — Use of ABN
Despite any provision in this Act or any other Act, in any case where: (a) the ACN of a company; or (b) the ARBN of a registered body; or (c) the ARSN of a registered scheme; is required or permitted…
Section 1345 — Exceptional circumstances—giving documents
(1) Subsections (2) to (4) apply in relation to a document that is required or permitted under this Act to be given by an entity to another entity (the recipient) if: (a) the entity giving the…
Section 1345A — Minister may delegate prescribed functions and powers under this Act
(1) The Minister may, by signed instrument, delegate to an officer of the Department all or any of the Minister’s functions and powers under this Act that are prescribed by the regulations for the…
Section 1346 — Non-application of rule against perpetuities to certain schemes
(1) The rules of law relating to perpetuities do not apply, and are taken never to have applied, to the trusts of any fund or scheme for the benefit of any employee of a corporation, whether the fund…
Section 1348 — Operation of Life Insurance Act
Nothing in this Act is taken to affect any of the provisions of the Life Insurance Act 1995.
Section 1349 — Privilege against exposure to penalty—disqualification etc.
Court or Tribunal proceeding (1) In the case of: (a) a civil or criminal proceeding under, or arising out of, this Act or the ASIC Act; or (b) a proceeding before the Tribunal arising out of this Act…
Section 1350 — Compensation for compulsory acquisition
(1) If: (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid because…
Section 1351 — Fees are payable to the Commonwealth
(1) The fees imposed under the Corporations (Fees) Act 2001 are payable to the Commonwealth. (2) Review fees (which are imposed by the Corporations (Review Fees) Act 2003) are payable to the…
Section 1354 — Lodgment of document without payment of fee
(1) This section applies where: (a) a fee is payable under section 1351 for the lodgment of a document; and (b) the document was submitted for lodgment without payment of the fee. (2) Disregard the…
Section 1355 — Doing act without payment of fee
If a fee is payable under section 1351 for a matter involving the doing of an act by the Minister or ASIC, the Minister or ASIC may refuse to do that act until the fee is paid.
Section 1356 — Effect of sections 1354 and 1355
Sections 1354 and 1355 have effect despite anything in another Part of this Act.
Section 1359 — Waiver and refund of fees
Nothing in this Part, the Corporations (Fees) Act 2001 or the Corporations (Review Fees) Act 2003 prevents the Commonwealth from: (a) waiving or reducing, in a particular case or in particular…
Section 1360 — Debts due to the Commonwealth
ASIC may, on behalf of the Commonwealth, recover a debt due under this Part.
Section 1362 — Payment of fee does not give right to inspect or search
To avoid doubt, nothing in this Part, and nothing done under this Part: (a) imposes on ASIC a duty to allow the inspection or search of a register or document, or to make available information; or…
Section 1362A — Coronavirus known as COVID-19
(1) If subsection (2) applies, the Minister may, by legislative instrument: (a) exempt classes of persons from the operation of specified provisions of this Act or the regulations; or (b) modify the…
Section 1364 — Power to make regulations
(1) The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed by regulations; or (b) necessary or convenient to be prescribed by such…
Section 1365 — Scope of particular regulations
Except as otherwise expressly provided in this Act, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance.
Section 1366 — Verifying or certifying documents
The regulations may: (a) where documents required by or under this Act to be lodged in accordance with this Act are required to be verified or certified and no manner of verification or certification…
Section 1367 — Documents lodged by an agent
The regulations may provide, in such cases as are specified in the regulations, that, if a document that is required by or under this Act to be lodged is signed or lodged on behalf of a person by an…