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Corporations Act 2001

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

Section 1673D — Transitional—existing obligation to give a fee disclosure statement under section 962G

(1) This section applies if: (a) a disclosure day for the ongoing fee arrangement occurs before 1 July 2021; and (b) the period of 60 days beginning on the disclosure day ends on or after 1 July…

Section 1673E — Transitional—existing obligation to give a renewal notice and fee disclosure statement under section 962K

(1) This section applies if: (a) a renewal notice day for the ongoing fee arrangement occurs before 1 July 2021; and (b) the period of 60 days beginning on the renewal notice day ends on or after 1…

Section 1673F — Application—consent requirements for deductions of ongoing fees

(1) Subdivision C of Division 3 of Part 7.7A, as inserted by the amending Schedule, applies in relation to the ongoing fee arrangement on and from 1 July 2022. (2) However, if a person gives a fee…

Section 1673G — Application—compliance records

Subdivision D of Division 3 of Part 7.7A, as inserted by the amending Schedule, applies on and from 1 July 2021 in relation to a fee recipient’s compliance with Division 3 of Part 7.7A on and from…

Section 1674 — Application of disclosure of lack of independence reforms

The amendments made by Schedule 2 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021 apply in relation to a financial service provided on or after 1 July 2021.

Section 1674A — Obligation to give updated Financial Services Guide

(1) If: (a) the providing entity has given a Financial Services Guide to the client under section 941A or 941B before 1 July 2021; and (b) the providing entity will provide a financial service to the…

Section 1675 — Definitions

In this Part: commencement day means the day on which Schedule 7 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 commences. transition period has the meaning given by…

Section 1675A — Application of claims handling and settling services reforms

Subject to this Part, the amendments made by Schedule 7 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 apply to claims made under insurance products, or potential claims…

Section 1675B — Transition periods

(1) For the purposes of this Part, the transition period for a person begins on the commencement day and ends on: (a) if the person lodges an application for an Australian financial services licence…

Section 1675C — Application during transition period

(1) Despite section 1675A, a claims handling and settling service provided by or on behalf of a person during the transition period for that person is not to be treated as a financial service, except…

Section 1676 — Definitions

In this Part: amending Schedule means Schedule 9 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020. commencement day means the day on which Schedule 9 to the Financial Sector…

Section 1676A — Automatic extension of licence conditions on the commencement day—licensees who are authorised to deal

(1) This section applies to an Australian financial services licensee if, just before the commencement day: (a) the licensee’s Australian financial services licence authorised the licensee to deal in…

Section 1676B — Automatic extension of licence conditions—licence applications pending just before commencement day

(1) This section applies if: (a) before the commencement day, a person lodges an application for an Australian financial services licence authorising the person to deal in a superannuation product;…

Section 1676C — Automatic extension of licence conditions—variation applications pending just before commencement day

(1) This section applies if: (a) before the commencement day, a person lodges an application for ASIC to vary the conditions on the person’s Australian financial services licence by authorising the…

Section 1676D — Automatic licence conditions may be varied etc.

If an Australian financial services licence is subject to a condition authorising a licensee to provide a superannuation trustee service as a result of the operation of this Part, ASIC may, in…

Section 1678 — Definitions

In this Part: amending Act means the Territories Legislation Amendment Act 2020. commencement means the commencement of Division 1 of Part 1 of Schedule 2 to the amending Act. commencement day means…

Section 1678A — Registration of Norfolk Island companies—general

Scope of section (1) This section applies to a corporation that is eligible for registration as a company under Part 5B.1. Registration (2) ASIC must register the corporation as a company under Part…

Section 1678B — Registration of Norfolk Island companies—registration process and other matters

Scope (1) This section applies to an eligible corporation that is registered as a company under Part 5B.1 for the purposes of section 1678A. (2) ASIC must comply with subsections (3) and (4) of this…

Section 1678C — Registration of Norfolk Island companies—provision of information

(1) For the purposes of ASIC performing functions or duties, or exercising powers, under this Part, or any rules made under section 1678D: (a) the Registrar of Companies under the Norfolk Island…

Section 1678E — Saving of rules in relation to particular corporations

(1) Despite the repeal of section 1678D by subsection (5) of that section, a rule of the kind mentioned in paragraph 1678D(2)(b) continues in force until the earlier of the following times: (a) the…

Section 1678F — Director identification numbers—Norfolk Island company directors

Scope (1) This section applies if commencement (within the meaning of this Part) occurs on or after the application day within the meaning of subsection 1653(1). (2) This section applies in relation…

Section 1679 — Definitions

In this Part: Chapter 2G meeting has the meaning given by section 253P. commencement day means the day on which Schedule 1 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 commences.

Section 1679A — Application—virtual meetings and electronic communications

(1) The amendments made by Schedule 1 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 apply in relation to: (a) a Chapter 2G meeting; and (b) a document that relates to a Chapter 2G…

Section 1679C — Application—recording and keeping of minute books

The amendments made by Schedule 1 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 apply in relation to minute books kept before, on or after the commencement day.

Section 1679D — Application—execution of documents

Sections 127 and 129, as amended by Schedule 1 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021, apply in relation to a document that is executed on or after the commencement day.

Section 1680 — Definitions

In this Part: commencement day means the day on which Part 2 of Schedule 4 to the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 commences.

Section 1680A — Application of COVID-19 instrument

The modifications of this Act made by the Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 do not apply in relation to: (a) a meeting of a committee convened under Part 2 of…

Section 1680B — Validation of things done under COVID-19 instruments

(1) This item applies if, before the commencement day: (a) a thing is done in accordance with: (i) the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020; or (ii) the…

Section 1681 — Application of amendments relating to the simplified liquidation process

The amendments made by Schedule 3 to the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 apply in relation to the winding up of a company because of a triggering event that occurs on…

Section 1682 — Application of amendment relating to portfolio holdings disclosure

The amendment of section 1017BB made by Schedule 3 to the Treasury Laws Amendment (Your Future, Your Super) Act 2021 applies in relation to the reporting day that is 31 December 2021 and to later…

Section 1683 — Definitions

In this Part: amending Act means the Treasury Laws Amendment (2021 Measures No. 1) Act 2021.

Section 1683A — Application

The amendments made by Parts 1 and 2 of Schedule 2 to the amending Act to apply in relation to conduct that is engaged in on or after the commencement of those Parts.

Section 1683B — Review of operation of laws

(1) The Minister must cause a review of the operation of the amendments made by Parts 1 and 2 of Schedule 2 to the amending Act to be conducted by an independent expert within 6 months after the…

Section 1683C — Amendments made by Schedule 2 to the amending Act cease to have effect if review of operation of laws is not conducted

(1) This section applies if the Minister: (a) fails to cause a review to be conducted in accordance with subsection 1683B(1) within the period required by that subsection; or (b) is given a written…

Section 1684 — Definitions

(1) In this Part: amending Act means the Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021. exam cut-off day, for an existing provider, means: (a) if, on 1 January…

Section 1684A — Application—qualifications for existing providers

(1) For the purposes of this section, the relevant provisions are the following provisions of this Act, as inserted by Schedule 1 to the amending Act: (a) subsection 921BA(1); (b) subsection 921BA(5)…

Section 1684AA — Experienced provider pathway

Recognising experience (1) Despite anything else in this Part, a person (the experienced person) who: (a) is an experienced provider; and (b) if the experienced person is an existing provider and is…

Section 1684VA — Application of amendment—approval of domestic qualifications

Section 921GA, as inserted by Part 2 of Schedule 2 to the second amending Act, applies in relation to an application made under that section on or after the commencement of that Part, whether the…

Section 1684B — Application—exam for existing providers

Subsection 921BA(2) and subsection 921BA(5) in so far as it relates to subsection 921BA(2), as inserted by Schedule 1 to the amending Act, apply, in relation to an existing provider who is a relevant…

Section 1684VB — Transitional—determination approving degrees and qualifications

(1) This section applies to a determination that is in force immediately before the commencement of Part 2 of Schedule 2 to the second amending Act: (a) under subsection 921B(6); and (b) for the…

Section 1684C — Application—existing providers who meet certain education and training standards exempt from work and training requirement

(1) Subsection 921BA(3) and subsection 921BA(5) in so far as it relates to subsection 921BA(3), as inserted by Schedule 1 to the amending Act, do not apply in relation to an existing provider who is…

Section 1684VC — Certain requirements for registered tax agents

(1) For the purposes of applying subsection 921C(1) to the licensing of a registered tax agent during the period: (a) starting on 1 January 2022; and (b) ending immediately before the commencement of…

Section 1684D — Application—limitation on authorisation of existing providers to provide personal advice

(1) The following provisions (the relevant provisions), as inserted by Schedule 1 to the amending Act, do not apply in relation to an existing provider: (a) paragraph 921C(1)(a); (b) paragraphs…

Section 1684E — Transitional—Minister may determine courses for certain purposes

(1) The Minister may, by legislative instrument, determine courses for the purposes of the following provisions: (a) paragraph 1684A(3)(b); (b) subparagraph 1684C(3)(b)(ii); (c) paragraph…

Section 1684F — Transitional—exams

If, immediately before 1 January 2022, a person met the education and training standard in subsection 921B(3), as in force at that time, the person is taken, at and after that time, to have met the…

Section 1684G — Application—continuing professional development

Subsection 921BA(4) and subsection 921BA(5) in so far as it relates to subsection 921BA(4), as inserted by Schedule 1 to the amending Act, apply in relation to a financial services licensee’s CPD…

Section 1684H — Application—action against relevant providers

Section 921K, as inserted by Schedule 1 to the amending Act, applies in relation to an act or omission by a relevant provider that occurs, or a circumstance that arises in relation to a relevant…

Section 1684J — Application—recommendations to ASIC in relation to restricted civil penalty provisions

Section 921Q, as inserted by Schedule 1 to the amending Act, applies in relation to an act or omission by a relevant provider that occurs on or after 1 January 2022.

Section 1684K — Application—warnings and reprimands

Sections 921S and 921T, as inserted by Schedule 1 to the amending Act, apply in relation to an act or omission by a relevant provider that occurs, or a circumstance that arises in relation to a…

Section 1684M — Saving—determinations made for education and training standards

An instrument that: (a) was made under subparagraph 921U(2)(a)(i), (iii) or (iv), as in force immediately before 1 January 2022; and (b) was in force immediately before that day; continues in force…