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Corporations Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section 1461 — Audit reforms in Schedule 1 to the amending Act (auditor appointment)

(1) Section 324AC applies to all appointments of firms as auditor (including an appointment that was made before the Schedule 1 commencement). (2) The appointment of a person as auditor of a company…

Section 1462 — Audit reforms in Schedule 1 to the amending Act (auditor independence)

(1) Section 307C applies to a financial report for financial years that start on or after 1 July 2004. (2) Division 3 of Part 2M.4 applies to: (a) an audit of the financial report for a financial…

Section 1463 — Audit reforms in Schedule 1 to the amending Act (auditor rotation)

Division 5 of Part 2M.4 applies to: (a) an audit of the financial report for a financial year; or (b) an audit or review of the financial report for a half-year in a financial year; if the financial…

Section 1464 — Audit reforms in Schedule 1 to the amending Act (listed company AGMs)

The amendments made by Part 5 of Schedule 1 to the amending Act apply to AGMs at which financial reports for financial years that commence on or after 1 July 2004 are considered.

Section 1465 — Schedule 2 to the amending Act (financial reporting)

(1) The amendments made by Part 1 of Schedule 2 to the amending Act apply to directors’ declarations in relation to financial reports for financial years that start on or after 1 July 2004. (2) The…

Section 1466 — Schedule 3 to the amending Act (proportionate liability)

The amendments made to this Act and the Trade Practices Act 1974 by Schedule 3 to the amending Act apply to causes of action that arise on or after the day on which that Schedule commences.

Section 1466A — Schedule 2A to the amending Act (true and fair view)

The amendments made by Schedule 2A to the amending Act apply to directors’ reports for periods that start on or after 1 July 2004.

Section 1467 — Schedule 4 to the amending Act (enforcement)

(1) The amendments made by Part 2 of Schedule 4 apply to all disclosures made on or after the day on which this Act receives the Royal Assent (including a disclosure of information about…

Section 1468 — Schedule 5 to the amending Act (remuneration of directors and executives)

(1) Subject to subsections (2) and (3), the amendments made by Schedule 5 to the amending Act apply to financial years commencing on or after 1 July 2004. (2) The amendments made by items 4, 4A and 5…

Section 1469 — Schedule 6 to the amending Act (continuous disclosure)

(1) The amendments made by Part 1 of Schedule 6 to the amending Act apply in relation to a contravention of subsection 674(2) or 675(2) that occurs on or after the day on which this Act receives the…

Section 1470 — Schedule 7 to the amending Act (disclosure rules)

(1) The amendments made by Part 1 of Schedule 7 to the amending Act apply to a disclosure document for an offer of securities if the disclosure document is lodged with ASIC on or after the day on…

Section 1471 — Schedule 8 to the amending Act (shareholder participation and information)

(1) The amendments made by items 1 to 6, 13 and 17 of Schedule 8 to the amending Act apply to a notice of a meeting of a company’s members that is given after 30 September 2004. (2) The amendments…

Section 1478 — Application of amendments of the takeovers provisions

(1) The amendments made by Schedule 1 to the Corporations Amendment (Takeovers) Act 2007 apply in relation to an application under section 657C (including any review under section 657EA of the…

Section 1479 — Definition

In this Part: amending Act means the Corporations Amendment (Insolvency) Act 2007.

Section 1480 — Schedule 1 to the amending Act (improving outcomes for creditors)

(1) The amendment made by item 4 of Schedule 1 to the amending Act, in so far as it relates to a company subject to a deed of company arrangement, applies if the administration that ended on the…

Section 1481 — Schedule 2 to the amending Act (deterring corporate misconduct)

(1) The amendment made by item 2 of Schedule 2 to the amending Act applies in relation to a compromise or arrangement if an application relating to the compromise or arrangement was made under…

Section 1482 — Schedule 3 to the amending Act (improving regulation of insolvency practitioners)

(1) The amendment made by item 7 of Schedule 3 to the amending Act applies to an application for registration if the application was made on or after the day on which that item commences. (2) Despite…

Section 1483 — Schedule 4 to the amending Act (fine-tuning voluntary administration)

(1) The amendments made by items 1, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 39, 40, 45, 49, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61 and 62 of Schedule 4 to the amending Act, in…

Section 1484 — Declarations under paragraph 1020F(1)(c) relating to short selling

(1) To avoid doubt, an instrument mentioned in subsection (2) that was made at a particular time was validly made under paragraph 1020F(1)(c) at that time. (2) The instruments are as follows: (a)…

Section 1485 — Application of new subsection 206B(6)

The amendments made by item 2 of Schedule 1 to the Corporations Amendment (No. 1) Act 2009 apply to an order made by a court of a foreign jurisdiction on or after the commencement of that item.

Section 1486 — Application of new section 206EAA

The amendments made by item 3 of Schedule 1 to the Corporations Amendment (No. 1) Act 2009 apply to a disqualification under a law of a foreign jurisdiction that arises on or after the commencement…

Section 1487 — Definitions

(1) In this Division: amended Corporations Act means this Act as in force after commencement. amending Schedule means Schedule 1 to the Corporations Legislation Amendment (Financial Services…

Section 1488 — Application of amendments—general

(1) The amendments made by the amending Schedule apply in relation to a margin lending financial service that is provided on or after the day that is 12 months after commencement. (2) A margin…

Section 1489 — Applications of amendments—application for and grant of licences etc. authorising margin lending financial services

(1) Despite section 1488, during the period that: (a) starts at the start of the day that is one month after commencement; and (b) ends at the end of the day before the day that is 12 months after…

Section 1490 — Application of amendments—between 6 and 12 months after commencement

(1) Despite section 1488, the amendments made by the amending Schedule apply in relation to a margin lending financial service that is provided during the period that: (a) starts at the start of the…

Section 1491 — Acquisition of property

(1) Despite section 1350, a provision of this Division does not apply, and is taken never to have applied, to the extent that the operation of the provision would result in an acquisition of property…

Section 1492 — Regulations

(1) The regulations may make provisions of a transitional, application or saving nature relating to this Division and the amendments and repeals made by the amending Schedule. (2) Without limiting…

Section 1493 — Definitions

In this Division: amending Schedule means Schedule 2 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009. commencement means the commencement of the amending…

Section 1494 — Transitional provisions relating to limit on control of trustee companies

(1) This section applies in relation to a person and a trustee company if, immediately before the commencement of Part 5D.5, the percentage (the pre-commencement percentage) of the person’s voting…

Section 1495 — Transitional provisions relating to the amendments of Chapter 7

(1) This section applies to each company: (a) that is a trustee company immediately after the commencement of the first regulations made for the purpose of paragraph 601RAB(1)(b); and (b) that, at…

Section 1496 — General power for regulations to deal with transitional matters

(1) The regulations may make provisions of a transitional, application or saving nature in relation to any of the following: (a) the transition from the regime provided for by laws of the States and…

Section 1497 — Definitions

In this Division: amending Schedule means Schedule 3 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009.

Section 1498 — Application of amendments

(1) The amendment made by item 1 of the amending Schedule applies to promissory notes made after the commencement of that item. (2) The amendment made by item 2 of the amending Schedule applies to…

Section 1499 — Definitions

In this Part: amending Act means the Personal Property Securities (Corporations and Other Amendments) Act 2010. commencement time means the time item 187 of Schedule 1 to the amending Act commences.…

Section 1500 — Charges, liens and pledges—continuation of restriction of references

(1) This section applies despite the amendment of this Act made by item 10 of Schedule 1 to the amending Act if a reference to a charge in a provision of this Act, as in force immediately before the…

Section 1501 — Charges, liens, pledges and third party property—application

The amendments made by Part 1 (new concepts) of Schedule 1 to the amending Act apply: (a) in relation to charges, liens and pledges, whether created or arising before, at or after the commencement…

Section 1501A — References to the whole or substantially the whole of a company’s property

(1) This section applies to a transitional security interest within the meaning of the Personal Property Securities Act 2009. Note: For the meaning of transitional security interest, see section 308…

Section 1501B — Constructive notice of registrable charges

Section 130 does not apply in relation to a document that has been lodged with ASIC to the extent that the document relates to a registrable charge. Note: Section 130 provides that a person is not…

Section 1502 — Repeal of Chapter 2K (charges)—general

(1) For the period of 7 years after the commencement time, the amendments made by Part 2 of Schedule 1 to the amending Act do not apply in relation to registrable charges. Note: The amendments made…

Section 1503 — Repeal of Chapter 2K (charges)—cessation of requirements in relation to documents or notices

Scope (1) This section applies if, immediately before the commencement time, a document (however described) or notice is required to be lodged or given by a company or other person under one of the…

Section 1504 — Repeal of Chapter 2K (charges)—application of section 266

(1) Subject to this section, section 266 stops applying at the commencement time in relation to registrable charges. (2) However, if a registrable charge is void under section 266 immediately before…

Section 1505 — Repeal of Chapter 2K (charges)—cessation of company registration requirements

The requirements in section 271 (company documentation and registration of charges) stop applying in relation to registrable charges at the commencement time.

Section 1506 — Repeal of Chapter 2K (charges)—priority between registrable charges

At and after the commencement time, registrable charges have the priority between themselves that they would have had under this Act as in force immediately before the commencement time, subject to…

Section 1507 — New section 440B (restrictions on third party property rights)

The repeal of sections 440B, 440BA, 440BB and 440C by item 156 of Schedule 1 to the amending Act does not affect the operation of subsections 1483(9) and (10) in relation to: (a) the administration…

Section 1508 — New subsection 442CB(1) (administrator’s duty of care)

The amendment of this Act by item 135 of Schedule 1 to the amending Act does not apply in relation to the exercise of a power of sale if the power began to be exercised before the commencement time.…

Section 1509 — New section 588FP (security interests in favour of an officer of a company etc. void)

Section 588FP does not apply in relation to a registrable charge.

Section 1510 — Winding up applied for before the commencement time

Subject to this Part, the amendments made by the amending Act do not apply in relation to the winding up of a company under Part 5.4, Part 5.4A or Part 5.4B, or the subsequent liquidation of the…

Section 1510A — Definition

In this Part: amending Act means the Corporations Amendment (Corporate Reporting Reform) Act 2010.

Section 1510B — Application of Part 1 of Schedule 1 to the amending Act

(1) The amendments made by items 1 to 4, items 11 to 16, items 18 to 23, items 29 and 30, items 32 to 42, items 45 to 47 and items 49 to 51 of Schedule 1 to the amending Act apply in relation to a…

Section 1511 — Definition

In this Part: amending Schedule means Schedule 1 to the Corporations Amendment (Financial Market Supervision) Act 2010.