Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1367A — Publication in the prescribed manner
(1) If a particular provision of this Act requires a person (other than ASIC) to: (a) publish a notice, or a copy of a notice, in the prescribed manner; or (b) cause a notice, or a copy of a notice,…
Section 1368 — Exemptions from Chapter 6D or 7
The regulations may provide that, subject to any prescribed terms and conditions, Chapter 6D or 7, or specified provisions of Chapter 6D or 7: (a) do not have effect in relation to a specified person…
Section 1369 — Penalty notices
(1) The regulations: (a) may prescribe offences against this Act (not being offences the penalties applicable to which include a term of imprisonment or a pecuniary penalty that exceeds $1,000), or…
Section 1369A — State termination of reference
(1) The regulations may make provision in relation to circumstances that arise because a State ceases to be a referring State. Note: For example, the regulations may prevent companies that have their…
Section 1370 — Object of Part
(1) Subject to subsection (3), the object of this Part is to provide for a smooth transition from the regime provided for in the old corporations legislation of the States and Territories in this…
Section 1371 — Definitions
(1) In this Part: carried over provision of the old corporations legislation of a State or Territory in this jurisdiction means a provision of the old corporations legislation of that State or…
Section 1372 — Relationship of Part with State validation Acts
(1) This Part applies to an invalid administrative action of a Commonwealth authority or an officer of the Commonwealth (within the meaning of a State validation Act) as if the circumstances that…
Section 1373 — References to things taken or deemed to be the case etc.
If: (a) a law of a State or Territory in this jurisdiction had effect before the commencement: (i) to take or deem something to have happened or to be the case, or to have a particular effect, under…
Section 1374 — Existence of several versions of old corporations legislation does not result in this Part operating to take same thing to be done several times under new corporations legislation etc.
If, apart from this section, a provision of this Part (the transitional provision) would, because each State or Territory in this jurisdiction had its own old corporations legislation (containing…
Section 1375 — Penalty units in respect of pre-commencement conduct remain at $100
(1) If, because of this Part, an offence can be prosecuted after the commencement in respect of conduct that occurred solely before the commencement, the amount of a penalty unit in respect of that…
Section 1376 — Ceasing to be a referring State does not affect previous operation of this Part
If, after the commencement, a State ceases to be a referring State, that does not undo or affect: (a) the effects that this Part has already had in relation to matters connected with that State; or…
Section 1377 — Division has effect subject to Division 7 regulations
This Division has effect subject to regulations made for the purposes of Division 7.
Section 1378 — Existing registered companies continue to be registered
(1) If: (a) before the commencement, a company was registered under Part 2A.2 of the old Corporations Law of a State or Territory in this jurisdiction; and (b) that registration was still in force…
Section 1379 — Division has effect subject to Division 7 regulations
This Division has effect subject to regulations made for the purposes of Division 7.
Section 1380 — Old Corporations Regulations continue to have effect
The old Corporations Regulations that were made for the purposes of provisions of the old Corporations Law that correspond to provisions of this Act and that were in force immediately before the…
Section 1381 — Division has effect subject to Division 7 regulations
This Division has effect subject to regulations made for the purposes of Division 7.
Section 1382 — Definitions
(1) In this Division: appeal or review proceeding, in relation to an order of a court, means a proceeding by way of appeal, or otherwise seeking review, of the order. enforcement proceeding, in…
Section 1383 — Treatment of court proceedings under or related to the old corporations legislation—proceedings other than federal corporations proceedings
(1) This section applies to a proceeding, other than a federal corporations proceeding, in relation to which the following paragraphs are satisfied: (a) the proceeding was started in a court before…
Section 1384 — Treatment of court proceedings under or related to the old corporations legislation—federal corporations proceedings
(1) This section applies to a proceeding in relation to which the following paragraphs are satisfied: (a) the proceeding was started in a court before the commencement; and (b) the proceeding was a…
Section 1384A — Appeals etc. in relation to some former federal corporations proceedings
(1) This section applies to a proceeding in relation to which all of the following paragraphs are satisfied: (a) the proceeding was started in a court before the commencement; (b) the proceeding was…
Section 1384B — Effect of decisions and orders made in federal corporations proceedings before commencement
(1) For the avoidance of doubt, if: (a) a proceeding was started in a court before the commencement; and (b) the proceeding was a federal corporations proceeding that related to a matter to which a…
Section 1385 — References to proceedings and orders in the new corporations legislation
(1) Subject to subsection (5), a reference in the new corporations legislation to the taking of a proceeding, or a step in a proceeding, in a court under or in relation to a part or provision of the…
Section 1386 — Division has effect subject to Division 7 regulations
This Division has effect subject to regulations made for the purposes of Division 7.
Section 1387 — Certain applications lapse on the commencement
(1) An application: (a) under section 117 for the registration of a company; or (b) under section 601BC for the registration of a body as a company; that was made by a person before the commencement,…
Section 1388 — Carrying over the Partnerships and Associations Application Order
The application order in force immediately before the commencement for paragraph 115(b) of the old Corporations Law of each State and Territory in this jurisdiction continues to have effect (and may…
Section 1389 — Evidentiary certificates
(1) A certificate by ASIC (whether issued before or after the commencement) stating that a company was registered under the old Corporations Law of a State or Territory in this jurisdiction is…
Section 1390 — Preservation of nomination of body corporate as SEGC
The nomination in force immediately before the commencement under section 67 of the old Corporations Act continues to have effect (and may be dealt with) after the commencement as if it were a…
Section 1391 — Preservation of identification of satisfactory records
A notice in force immediately before the commencement under section 70 of the old Corporations Act continues to have effect (and may be dealt with) after the commencement as if it were a notice under…
Section 1392 — Retention of information obtained under old corporations legislation of non-referring State
If a particular State is not a referring State on the commencement, that does not mean that ASIC must then remove from, or cease to retain in, a database or register it maintains information that…
Section 1393 — Transitional provisions relating to section 1351 fees
(1) If: (a) either: (i) before the commencement, a person paid an amount as required by section 1351 of the old Corporations Law of a State or Territory in respect of a particular matter; or (ii)…
Section 1394 — Transitional provisions relating to securities exchange fidelity fund levies
(1) If: (a) before the commencement, a person paid an amount as required by subsection 902(1) of the old Corporations Law of a State or Territory in order to be admitted to: (i) membership of a…
Section 1395 — Transitional provisions relating to National Guarantee Fund levies
(1) If: (a) either: (i) before the commencement, a person paid an amount as required by section 938 of the old Corporations Law of a State or Territory in respect of a particular transaction; or (ii)…
Section 1396 — Transitional provisions relating to futures organisation fidelity fund levies
(1) If: (a) before the commencement, a person paid an amount as required by subsection 1234(1) of the old Corporations Law of a State or Territory in order to be admitted to membership of a futures…
Section 1397 — Limitations on scope of this Division
(1) 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. (2)…
Section 1398 — Provisions of this Division may have an overlapping effect
The provisions of this Division deal at a broad level with concepts and matters in a way that is intended to achieve the object of this Part as set out in section 1370. Some of the provisions of this…
Section 1399 — Things done by etc. carried over provisions continue to have effect
(1) Subject to this section, a thing that: (a) was done before the commencement by, under, or for the purposes of, a carried over provision of the old corporations legislation of a State or Territory…
Section 1400 — Creation of equivalent rights and liabilities to those that existed before the commencement under carried over provisions of the old corporations legislation
(1) Subject to subsection (4), this section applies in relation to a right or liability (the pre-commencement right or liability), whether civil or criminal, that: (a) was: (i) acquired, accrued or…
Section 1401 — Creation of equivalent rights and liabilities to those that existed before the commencement under repealed provisions of the old corporations legislation
(1) This section applies in relation to a right or liability (the pre-commencement right or liability), whether civil or criminal, that: (a) was: (i) acquired, accrued or incurred under a provision…
Section 1402 — Old corporations legislation time limits etc.
(1) An old corporations legislation time limit (see subsection (4)): (a) the starting point of which: (i) was known or had been determined before the commencement (whether that starting point…
Section 1403 — Preservation of significance etc. of events or circumstances
(1) An event, circumstance or other thing: (a) that occurred or arose before the commencement under or as mentioned in a provision of the old corporations legislation of a State or Territory in this…
Section 1404 — References in the new corporations legislation generally include references to events, circumstances or things that happened or arose before the commencement
(1) Subject to this section, a reference in the new corporations legislation to an event, circumstance or thing of a particular kind that happens or arises, or that has happened or arisen, is taken…
Section 1405 — References in the new corporations legislation to that legislation or the new ASIC legislation generally include references to corresponding provisions of the old corporations legislation or old ASIC legislation
(1) Subject to subsection (4), a reference in the new corporations legislation to: (a) an Act, or regulations or another instrument that is part of the new corporations legislation; or (b) a…
Section 1406 — Carrying over references to corresponding previous laws
(1) If a carried over provision of the old corporations legislation of a State or Territory in this jurisdiction contained a reference (whether in its own terms or by operation of another provision)…
Section 1407 — 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…
Section 1408 — Old transitional provisions continue to have their effect
(1) Subject to subsection (3), this Act has the same effect, after the commencement, as it would have if: (a) the transitional provisions (see subsections (6) and (7)) of the old Corporations Laws of…
Section 1409 — Regulations may deal with transitional matters
(1) The regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the old corporations legislation of the States and Territories in…
Section 1410 — Definitions
(1) In this Division, unless the contrary intention appears: amended Corporations Act means this Act as in force after the FSR commencement. associated provisions, in relation to provisions (the core…
Section 1411 — When is a market being operated immediately before the FSR commencement?
Subject to section 1412, in this Subdivision, a reference to a market being operated immediately before the FSR commencement is a reference to a market that had not permanently ceased to operate…
Section 1412 — Treatment of proposed markets that have not started to operate by the FSR commencement
(1) This section applies in relation to the following proposed markets, other than any such market that starts to operate before the FSR commencement: (a) a market proposed to be operated by Bendigo…
Section 1413 — Obligation of Minister to grant licences covering main existing markets
(1) This section applies to each market being operated immediately before the FSR commencement in relation to which any of the following paragraphs applies: (a) the market was a stock market operated…