Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Meaning of commencement , new Law and old Law
In this Schedule:
"commencement" means the commencement of the Corporate Law Economic Reform Program Act 1999 .
"new Law" means this Act as in force after commencement.
"old Law" means this Act as in force immediately before commencement.
2 References to provisions of old Law in laws and other documents
(1) A reference in any law of the Commonwealth or of a State or Territory, or in any document, to a provision of the old Law is to be read after commencement as a reference to the corresponding provision of the new Law except so far as the contrary intention appears in the law or document.
(2) Without limiting subclause (1), sections 27F to 27K of the new Law correspond to section 21 of the old Law.
Column 2 of the table sets out things that have been done, or situations that have arisen, on or before commencement. Column 3 sets out how the things and situations will be dealt with after commencement--either under the old Law or the new Law.
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Transitional arrangements |
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If... |
then, after commencement... |
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1 |
before commencement, a director of a Commonwealth authority who had an interest in a matter declared the nature of the interest in accordance with subsection 21(1) of the old Law |
the director is taken to have disclosed the interest as a material personal interest in accordance with section 27F of the new Law and to have made the disclosure on commencement. |
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2 |
before commencement, the Board of a Commonwealth authority made a determination under subsection 21(3) of the old Law |
the determination is taken to be a resolution passed in accordance with subsection 27J(2) of the new Law. |
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3 |
before commencement, the responsible Minister for a Commonwealth authority made a determination under subsection 21(3) of the old Law |
the determination has effect as if it were a determination under section 27K of the new Law. |
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4 |
before commencement, an officer of a Commonwealth authority incurred a liability |
sections 27M and 27N of the new Law apply if an indemnity was given, or a premium paid, in respect of the liability after commencement; in all other cases, sections 26 and 27 of the old Law continue to apply. |
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5 |
before commencement, an application for a civil penalty order was made and not dealt with under Schedule 2 to the old Law |
Schedule 2 to the old Law continues to apply in relation to the application |
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6 |
before commencement, a person was granted leave under subclause 8(2) of Schedule 2 to the old Law |
the leave has effect as if it were granted under subsection 27C(4A) of the new Law |
4 Contraventions of, and offences against, civil penalty provisions
(1) Schedule 2 to the old Law continues to apply in relation to:
(a) a contravention of a civil penalty provision listed in clause 2 of Schedule 2 to the old Law; or
(b) an offence committed against one of those civil penalty provisions;
despite its repeal.
(2) Schedule 2 to the new Law applies in relation to a contravention of a civil penalty provision listed in subclause 1(1) of Schedule 2 to the new law.
5 Civil penalty orders made under old Law
(1) An order in force under paragraph 4(a) of Schedule 2 to the old Law immediately before commencement continues to have effect after commencement as if it were made under section 27C of the new Law.
(2) An order in force under paragraph 4(b) of Schedule 2 to the old Law immediately before commencement continues to have effect after commencement as if it were made under clause 3 of Schedule 2 to the new Law.