Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to a proceeding, whether criminal or civil, in relation to which the
following paragraphs are satisfied —
(a) the
proceeding was started in a court before the relevant time; and
(b) the
proceeding was —
(i)
under a provision of the old corporations legislation or
the old ASIC legislation; or
(ii)
brought as, or connected with, a prosecution for an
offence against a provision of the old corporations legislation or the old
ASIC legislation;
and
(c) the
proceeding was not a proceeding to which section 1383 or 1384 of the new
Corporations Act or section 267 or 268 of the new ASIC Act applies; and
(d) the
proceeding had not been concluded or terminated before the relevant time.
(2) Without limiting
section 7(1) but subject to subsection (3), a proceeding to which this
section applies may be continued, and any order made by a court in such a
proceeding may be appealed against, reviewed or enforced as if section 6
had not been enacted.
(3) Nothing in this
Part, or in the Acts Interpretation Act 1901 of the Commonwealth as
applying by force of section 7(1), operates to preserve the effect of an
order to which section 1383(5) of the new Corporations Act or
section 267(5) of the new ASIC Act applies and, at the relevant time,
that order ceases to have effect as an order of the court by which it was made
and any proceeding in relation to such an order is terminated by force of this
subsection.
(4) For the avoidance
of doubt, Part 9 of the old application Act continues to have the same
application to a proceeding to which this section applies as it did before the
relevant time.
(5) In this
section —
proceeding includes —
(a) a
proceeding by way of appeal against, or otherwise seeking review of, an order
made by a court; and
(b) a
proceeding to enforce an order made by a court; and
(c) any
other proceeding in respect of a breach of an order made by a court.