South Australian Consolidated Acts

CORPORATIONS (SOUTH AUSTRALIA) ACT 1990 - SECT 3

3—Definitions

        (1)         In this Act—

"applicable provision", in relation to a jurisdiction, means a provision of—

            (a)         the Corporations Law, or Corporations Regulations, of that jurisdiction; or

            (b)         the ASIC Law, or ASIC Regulations, of that jurisdiction; or

            (c)         in the case of the Capital Territory—a Commonwealth law as applying, of its own force or because of another Commonwealth law, in relation to—

                  (i)         an offence against;

                  (ii)         an act, matter or thing arising under or in respect of,

a provision that, because of any other application or applications of this definition, is an applicable provision of the Capital Territory or any other jurisdiction; or

            (d)         in the case of a jurisdiction other than the Capital Territory—a Commonwealth law as applying, because of a law of that jurisdiction, in relation to—

                  (i)         an offence against; or

                  (ii)         an act, matter or thing arising under or in respect of,

a provision that, because of any other application or applications of this definition, is an applicable provision of that or any other jurisdiction;

"ASIC Act" means the Australian Securities and Investments Commission Act 1989 of the Commonwealth;

"ASIC Law" has the meaning given by Part 11;

"ASIC Law of South Australia" means the provisions applying by reason of section 58;

"ASIC Regulations" has the meaning given by Part 11;

"ASIC Regulations of South Australia" means the provisions applying by reason of section 59;

"authority", in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act;

"Capital Territory" means the Australian Capital Territory and the Jervis Bay Territory;

"Commission" means the Australian Securities and Investments Commission;

"Commonwealth administrative laws" means the following:

            (a)         the Administrative Appeals Tribunal Act 1975 of the Commonwealth (excluding Part IVA);

            (c)         the Freedom of Information Act 1982 of the Commonwealth;

            (d)         the Ombudsman Act 1976 of the Commonwealth;

            (e)         the Privacy Act 1988 of the Commonwealth,

and the provisions of the regulations in force for the time being under those Acts;

"Commonwealth authority" means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth;

"Commonwealth law" means any of the written or unwritten laws of the Commonwealth, including laws about the exercise of prerogative powers, rights and privileges, other than the Corporations Law of the Capital Territory, the ASIC Law of the Capital Territory or provisions prescribed, for the purposes of the definition of "Commonwealth law" in section 4 of the Corporations Act, by regulations under section 73 of the Corporations Act;

"Commonwealth Minister" has the meaning given to "the Minister" by section 80A(2) of the Corporations Law;

"co-operative scheme law" has the meaning given by section 84;

"Corporations Act" means the Corporations Act 1989 of the Commonwealth;

"Corporations Law" has the meaning given by Part 3;

"Corporations Law of South Australia" means the provisions applying by reason of section 7;

"Corporations Regulations" has the meaning given by Part 3;

"Corporations Regulations of South Australia" means the provisions applying by reason of section 8;

"corresponding law" means—

            (a)         an Act of a jurisdiction (other than South Australia) that corresponds to this Act; or

            (b)         regulations made under such an Act; or

            (c)         the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or

            (d)         rules of court made because of such an Act;

"Federal Court" means the Federal Court of Australia;

"Full Court", in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court;

"jurisdiction" means a State or the Capital Territory;

"law", in relation to the Capital Territory, means a law of or in force in the Capital Territory;

"Minister for this jurisdiction" means the Minister;

"modifications" includes additions, omissions and substitutions;

"national scheme law" has the meaning given by section 60;

"national scheme law of this jurisdiction" means—

            (a)         this Act; or

            (b)         the Corporations Law of South Australia; or

            (c)         the ASIC Law of South Australia;

"NCSC" means the National Companies and Securities Commission;

"officer", in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act;

"officer of the Commonwealth" has the same meaning as in section 75(v) of the Constitution of the Commonwealth of Australia;

"State" includes the Northern Territory;

"State Family Court", in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a proclamation made under section 41(2) of that Act;

"Territory" does not include the Northern Territory;

"this jurisdiction" means South Australia.

        (2)         In this Act, a reference to a Commonwealth Act includes a reference to—

            (a)         that Commonwealth Act as amended and in force for the time being; and

            (b)         an Act passed in substitution for that Act.