Corporations Act 2001

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

Section 1633 — Deregistration following winding up

(1) If, on or after the commencement day, the Court orders the deregistration of a company under subsection 509(6) of the old Act, subsection 601AC(1) of the old Act continues to apply in relation to…

Section 1634 — Regulations

(1) The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by…

Section 1635 — Application of amendments made by Schedule 3 to the Insolvency Law Reform Act 2016

(1) The amendment made by Part 1 of Schedule 3 to the Insolvency Law Reform Act 2016 applies in relation to the administration of a company that begins on or after the commencement of that Schedule.…

Section 1636A — Application of subsections 981D(2) and 984B(3)

(1) Subsection 981D(2), as added by the Treasury Laws Amendment (2016 Measures No. 1) Act 2017, applies to a use of money on or after the commencement of this section, whether the money was paid to…

Section 1637 — Application of subparagraph 1274(2)(a)(iva) and subsections 1274(2AA) and (2AB)

Subparagraph 1274(2)(a)(iva) and subsections 1274(2AA) and (2AB), as inserted by Schedule 2 to the Treasury Laws Amendment (2016 Measures No. 1) Act 2017, apply to the following: (a) a disclosure…

Section 1639 — Definitions

In this Part: start day means the later of: (a) 1 January 2018; and (b) the day after the Treasury Laws Amendment (2017 Measures No. 5) Act 2018 receives the Royal Assent.

Section 1640 — Application—obligation to comply with rules about financial benchmarks

Subsection 908CF(1) applies on or after the start day in relation to rules made before, on or after that day.

Section 1641 — Application—offences relating to manipulation of financial benchmarks

Division 4 of Part 7.5B applies in relation to acts or omissions occurring on or after the start day (whether or not the financial benchmark to which the acts or omissions relate is first generated…

Section 1642 — Application—extended meaning of financial products and Division 3 financial products for Part 7.10

Section 1040B applies in relation to acts or omissions occurring on or after the start day (whether or not the bank accepted bills or negotiable certificates of deposit to which the acts or omissions…

Section 1643 — Application of amendments

The amendments made by items 50 and 51 of Schedule 1 to the Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Act 2018 apply in relation to CSF offers made at or after the…

Section 1644 — Application of amendments

(1) The amendments made by Part 1 of Schedule 1 to the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 apply in relation to disclosures that: (a) are made at or after the time…

Section 1644A — Application of amendments relating to penalties

The amendments made by Part 4 of Schedule 1 to the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 apply in relation to the commission of an offence if the conduct constituting…

Section 1645 — Saving delegations

(1) A delegation of functions or powers by the Minister in force under paragraph 1345A(1A)(b) of this Act immediately before the commencement of item 349 of Schedule 2 to the Corporations Amendment…

Section 1646 — Decisions to give, withdraw or not withdraw a notice under subsection 1313(1)

The amendment made by item 307 of Schedule 2 to the Corporations Amendment (Asia Region Funds Passport) Act 2018 applies in relation to decisions of ASIC to give, withdraw or not withdraw a notice…

Section 1647 — Application—protection of employee entitlements

The amendments made by Part 1 of Schedule 1 to the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 apply in relation to a relevant agreement or a transaction…

Section 1648 — Application—contribution orders

The amendments made by Part 2 of Schedule 1 to the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 apply in relation to the winding up of a company that begins…

Section 1649 — Application—director disqualification

(1) The period of 7 years referred to in paragraphs 206EAB(2)(a) and 206GAA(2)(a) may include any period that is not more than 5 years before the day (the commencement day) that Part 3 of Schedule 1…

Section 1650 — Definitions

(1) In this Part: amending item means any of the following that amends a provision of this Act: (a) an item of Part 2 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other…

Section 1650A — Validation of acts or things done during interim period

Object (1) The object of this section is to treat all situations during the interim period in every respect as if: (a) the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022…

Section 1650B — Application of amendments

(1) An amendment of a provision of this Act that is made by an amending item applies, in relation to a matter (the relevant matter), on and after the earliest of the following days: (a) if the…

Section 1650C — Things started but not finished by ASIC

If: (a) an amending item amends a provision of this Act; and (b) before the application day for the amendment made by the amending item, as applying in relation to a matter, ASIC started doing a…

Section 1650D — Register of Liquidators

(1) The Registrar must include in the record maintained under section 15-1 of Schedule 2, as substituted by amending item 1317, all details that, immediately before the application day for that item,…

Section 1653 — Director identification numbers

(1) Part 9.1A applies on and after the day (the application day) the Minister appoints, under section 1270: (a) a Commonwealth body to be the Registrar; or (b) if more than one such body is…

Section 1655 — Definitions

In this Part: amending Act means the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019. commencement day means the day on which Schedule 1 to the Treasury Laws…

Section 1656 — Application—offences

Subject to this Part, the amendments made by Schedule 1 to the amending Act apply in relation to the commission of an offence if the conduct constituting the commission of the offence occurs wholly…

Section 1657 — Application—civil penalty provisions

Subject to this Part, the amendments made by Schedule 1 to the amending Act apply in relation to the contravention of a civil penalty provision if the conduct constituting the contravention of the…

Section 1658 — Application—offence provisions repealed and substituted with conduct rules with multiple consequences

To avoid doubt, the amendments made by items 82, 86, 87, 94, 100, 101 and 102 of Schedule 1 to the amending Act apply in relation to the commission of an offence or the contravention of a civil…

Section 1659 — Application—infringement notices

(1) An infringement notice may be given on or after the commencement day under section 1317DAM of the Act, as inserted by item 113 of Schedule 1 to the amending Act, in relation to an alleged…

Section 1660 — Application—definition of dishonesty

(1) The amendment of the definition of dishonesty in section 9 of the Act made by item 7 of Schedule 1 to the amending Act applies in relation to a decision whether to convict a person of an offence…

Section 1661 — Application of amendments

(1) The amendments of section 588H by Schedule 1 to the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 apply in relation to debts incurred, and dispositions made, after the…

Section 1662 — Application of amendments made by Schedule 1 to the Treasury Laws Amendment (Mutual Reforms) Act 2019

The amendments made by Schedule 1 to the Treasury Laws Amendment (Mutual Reforms) Act 2019 apply on and after the commencement of that Schedule.

Section 1663 — Definitions

In this Part: amending Part means Part 1 of Schedule 3 to the Financial Sector Reform (Hayne Royal Commission Response—Stronger Regulators (2019 Measures)) Act 2020. commencement day means the day…

Section 1664 — Application—existing financial services licensee

(1) Subject to this section, the amendments made by the amending Part apply on and after the commencement day to a financial services licensee whose licence was granted before, on or after the…

Section 1665 — Application—applications made before commencement

(1) The following applications made before the commencement day, and not yet granted or refused at the start of the commencement day, are to be dealt with, on and after the commencement day, in…

Section 1666 — Application—conduct etc. relevant to new banning and disqualification orders

When making either of the following orders at or after the commencement of Part 1 of Schedule 4 to the Financial Sector Reform (Hayne Royal Commission Response—Stronger Regulators (2019 Measures))…

Section 1667 — Transitional—existing banning and disqualification orders

(1) An order made under subsection 920A(1), that is in force immediately before the commencement of Part 1 of Schedule 4 to the Financial Sector Reform (Hayne Royal Commission Response—Stronger…

Section 1668 — Transitional—delegations

(1) The amendments of sections 890C, 1101J and 1345A made by items 25, 27, 28 and 29 of Schedule 3 to the Treasury Laws Amendment (2019 Measures No. 3) Act 2020 do not affect a delegation in effect…

Section 1669 — Application of amendments made by Schedule 12 to the Coronavirus Economic Response Package Omnibus Act 2020

The amendments made by Part 2 of Schedule 12 to the Coronavirus Economic Response Package Omnibus Act 2020 apply to statutory demands that are served on or after the commencement of that Schedule.

Section 1670 — Application of Reference Checking and Information Sharing Protocol

The amendments made by Schedule 10 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 apply in relation to information shared on or after 1 October 2021.

Section 1671 — Definitions

In this Part: amending Schedule means Schedule 11 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020.

Section 1671A — Continued application of paragraph 601FC(1)(l) and section 912D

(1) Despite the repeal of paragraph 601FC(1)(l) by item 1 of the amending Schedule, that paragraph (as in force immediately before 1 October 2021) continues to apply to the responsible entity of a…

Section 1671B — Application of sections 912DAA and 912DAB

Sections 912DAA and 912DAB, as inserted by item 5 of the amending Schedule, apply: (a) to the responsible entity of a registered scheme in relation to a breach of this Act that occurs before 1…

Section 1671C — Application of section 912DAC

Section 912DAC, as inserted by item 5 of the amending Schedule, applies: (a) to a financial services licensee who becomes a participant, or ceases to be a participant, in a licensed market or a…

Section 1671D — Application of ASIC’s obligations to publish information under section 912DAD

Section 912DAD, as inserted by item 5 of the amending Schedule, applies in relation to financial years ending on or after 30 June 2022.

Section 1671E — Application of provisions dealing with notifying and compensating a person affected by a reportable situation

Subdivision C of Division 3 of Part 7.6, as inserted by item 6 of the amending Schedule, applies in relation to reportable situations arising on or after 1 October 2021.