Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The amendments in
this section are to the Corporations (Western Australia) Act 1990 *.
(2) Section 7 is
amended by deleting “for the time being” and inserting
instead —
“ immediately before the repeal of that section
”.
(3) Section 8(1)
is amended as follows:
(a) by
deleting “for the time being” and inserting instead —
“
immediately before the repeal of the Corporations
Act ,
”;
(b) by
deleting “the Corporations Act” and inserting instead —
“ that Act ”.
(4) Section 12(2)
is amended by deleting “as in force for the time being”.
(5) Section 12(3)
is amended by deleting “in force for the time being”.
(6) After
section 31(4) the following subsection is inserted —
“
(5) A Commonwealth law applying because of section 29
or 30 applies as if it did not contain any provision empowering a Minister of
State for the Commonwealth to give any directions in relation to the
performance of a function or the exercise of a power conferred by
subsection (1) or (2).
”.
(7) Section 33 is
repealed.
(8) After
section 37(4) the following subsection is inserted —
“
(5) A Commonwealth law applying because of section 35
or 36 applies as if it did not contain any provision empowering a Minister of
State for the Commonwealth to give any directions in relation to the
performance of a function or the exercise of a power conferred by
subsection (1) or (2).
”.
(9) Section 39 is
repealed.
(10)
Section 58(1) is amended by inserting after
“Act” —
“ as in force immediately before its repeal
”.
(11) Section 59
is amended as follows:
(a) by
deleting “for the time being” and inserting instead —
“ immediately before the repeal of the ASIC Act,
”;
(b) by
deleting “the ASIC Act” and inserting instead —
“ that Act ”.
(12)
Section 64(3) is amended by deleting “in force for the time
being”.
(13) Sections 67
and 69 are repealed and section 68(b) is deleted.
(14)
Section 85(1) is amended by inserting after “in so far as the
national scheme laws” —
“ or the Corporations legislation ”.
(15) After
section 85(3) the following subsection is inserted —
“
(4) In this section —
Corporations legislation means the Corporations
legislation to which Part 1.1A of the Corporations Act 2001 of the
Commonwealth applies.
”.
(16) After
section 87(2) the following subsections are inserted —
“
(3) The amendment of the Companies (Application of Laws)
Act 1981 by section 26 of the Corporations (Ancillary Provisions)
Act 2001 does not revive, or otherwise affect the exclusion of, the
provisions referred to in section 18(1) of the Companies (Application of
Laws) Act 1981 .
(4) The amendment of
the Securities Industry (Application of Laws) Act 1981 by
section 27 of the Corporations (Ancillary Provisions) Act 2001 does
not revive, or otherwise affect the exclusion of, the provisions referred to
in section 16(1) of the Securities Industry (Application of Laws)
Act 1981 .
”.
(17) After Part 13
Division 6 the following Division is inserted —
“
Division 7 — Functions of Commonwealth authorities and officers of
the Commonwealth
95B. Definitions
In this
Division —
function includes a power;
old corporations legislation has the same meaning
as in the Corporations (Ancillary Provisions) Act 2001 ;
perform includes exercise.
95C. Functions of Commonwealth authorities and
officers of the Commonwealth
If a Commonwealth
authority or an officer of the Commonwealth has a function expressed to be
conferred on the authority or officer by or under the old corporations
legislation, the authority or officer is not under a duty to perform that
function.
”.
[* Act105 of 1990.
For subsequent
amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 93.
]