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This is a Bill, not an Act. For current law, see the Acts databases.


CORPORATIONS (COMMONWEALTH POWERS) BILL 2001

     Queensland




  CORPORATIONS
(COMMONWEALTH
POWERS) BILL 2001

 


 

 

Queensland CORPORATIONS (COMMONWEALTH POWERS) BILL 2001 TABLE OF PROVISIONS Section Page 1 Short title and purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Reference of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Extension of period of reference by proclamation . . . . . . . . . . . . . . . . . . . . 8 7 Earlier termination of reference by proclamation . . . . . . . . . . . . . . . . . . . . . 8 8 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

 

2001 A BILL FOR An Act to refer certain matters relating to corporations and financial products and services to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth

 


 

s1 4 s3 Corporations (Commonwealth Powers) Bill 2001 The Parliament of Queensland enacts-- 1 1 Short title and purpose of Act 2 (1) This Act may be cited as the Corporations (Commonwealth Powers) 3 Act 2001. 4 (2) The purpose of this Act is to refer certain matters relating to 5 corporations and financial products and services to the Parliament of the 6 Commonwealth for the purposes of section 51(xxxvii) of the Constitution 7 of the Commonwealth, so as to enable that Parliament to make laws that 8 apply of their own force in the State, instead of those matters being dealt 9 with by the Corporations Law and other applied laws. 10 (3) Nothing in this Act is intended to enable the making of a law 11 pursuant to the amendment reference with the sole or main underlying 12 purpose or object of regulating industrial relations matters even if, but for 13 this subsection, the law would be a law with respect to a matter referred to 14 the Parliament of the Commonwealth by the amendment reference. 15 2 Commencement 16 This Act commences on the date of assent. 17 3 Definitions 18 (1) In this Act-- 19 "amendment reference" means the reference under section 4(1)(b). 20 "commencement day" means the day on which section 4(1) commences. 21 "Corporations instrument" means any instrument made or issued under 22 the Corporations legislation. 23 "Corporations legislation" means Commonwealth Acts enacted in the 24 terms, or substantially in the terms, of the tabled text and as in force 25 from time to time. 26 "express amendment" of the Corporations legislation means the direct 27 amendment of the text of the Corporations legislation (whether by the 28 insertion, omission, repeal, substitution or relocation of words or 29 matter) by Commonwealth Acts, but does not include the enactment 30

 


 

s4 5 s4 Corporations (Commonwealth Powers) Bill 2001 by a Commonwealth Act of a provision that has or will have 1 substantive effect otherwise than as part of the text of the Corporations 2 legislation. 3 "initial reference" means the reference under section 4(1)(a). 4 "prescribed termination day" means the day on which both the 5 references are to terminate as set out in section 5(1). 6 "reference" means-- 7 (a) the initial reference; or 8 (b) the amendment reference. 9 "referred provisions" means the tabled text to the extent to which that text 10 deals with matters that are included in the legislative powers of the 11 Parliament of the State. 12 "tabled text" means the text of the following proposed Bills for 13 Commonwealth Acts, comprised in 2 or more documents (each 14 bearing identification as `part of the tabled text') as tabled by or on 15 behalf of the Attorney General of New South Wales in the Legislative 16 Assembly of New South Wales at any time during the period between 17 the giving of notice of motion for leave to introduce the Bill for the 18 Corporations (Commonwealth Powers) Act 2001 of that State in that 19 Legislative Assembly and the second reading of that Bill in that 20 Legislative Assembly-- 21 (a) Corporations Bill 2001; 22 (b) Australian Securities and Investments Commission Bill 2001. 23 (2) If a proclamation terminating the amendment reference alone has 24 been published under section 7 and has not been revoked, the expression 25 "the references" refers to the initial reference only. 26 4 Reference of matters 27 (1) The following matters are referred to the Parliament of the 28 Commonwealth-- 29 (a) the matters to which the referred provisions relate, but only to the 30 extent of the making of laws with respect to those matters by 31 including the referred provisions in Acts enacted in the terms, or 32 substantially in the terms, of the tabled text (including laws 33

 


 

s4 6 s4 Corporations (Commonwealth Powers) Bill 2001 containing provisions that authorise the making of Corporations 1 instruments that affect the operation of the Corporations 2 legislation, otherwise than by express amendment); and 3 (b) the matters of the formation of corporations, corporate regulation 4 and the regulation of financial products and services, but only to 5 the extent of the making of laws with respect to those matters by 6 making express amendments of the Corporations legislation 7 (including laws inserting or amending provisions that authorise 8 the making of Corporations instruments that affect the operation 9 of the Corporations legislation, otherwise than by express 10 amendment). 11 (2) The reference of a matter under subsection (1) has effect only-- 12 (a) if and to the extent that the matter is not included in the 13 legislative powers of the Parliament of the Commonwealth 14 (otherwise than by a reference under section 51(xxxvii) of the 15 Constitution of the Commonwealth); and 16 (b) if and to the extent that the matter is included in the legislative 17 powers of the Parliament of the State. 18 (3) The operation of each paragraph of subsection (1) is not affected by 19 the other paragraph. 20 (4) For the avoidance of doubt, it is the intention of the Parliament of the 21 State that-- 22 (a) the Corporations legislation may be expressly amended, or have 23 its operation otherwise affected, at any time on or after the 24 commencement day by provisions of Commonwealth Acts the 25 operation of which is based on legislative powers that the 26 Parliament of the Commonwealth has apart from the references; 27 and 28 (b) the Corporations legislation may have its operation affected, 29 otherwise than by express amendment, at any time on or after the 30 commencement day by provisions of Corporations instruments; 31 and 32 (c) the references are not made subject to any condition relating to-- 33 (i) the express amendment or affecting of the Corporations 34 legislation by provisions referred to in paragraph (a); or 35 (ii) the affecting of the Corporations legislation by provisions 36 referred to in paragraph (b). 37

 


 

s5 7 s5 Corporations (Commonwealth Powers) Bill 2001 (5) Despite any other provision of this section, a reference has effect for 1 a period-- 2 (a) beginning at the beginning of the commencement day; and 3 (b) ending at the beginning of the day on which it terminates as set 4 out in section 5; 5 but not longer. 6 5 Termination of references 7 (1) Subject to earlier termination under this section, the references 8 terminate on the day that is the fifth anniversary of the day of 9 commencement of the Corporations legislation or on a later day fixed by 10 the Governor by proclamation under section 6. 11 (2) Both the references terminate on a day that is earlier than the 12 prescribed termination day if the Governor fixes that earlier day by 13 proclamation under section 7 as the day on which the references terminate. 14 (3) The amendment reference alone terminates on a day that is earlier 15 than the prescribed termination day if the Governor fixes that earlier day by 16 proclamation under section 7 as the day on which the amendment reference 17 terminates. 18 (4) If the amendment reference terminates before the initial reference, 19 the termination of the amendment reference does not affect-- 20 (a) laws that were made under the amendment reference before that 21 termination but have not come into operation before that 22 termination; or 23 (b) the continued operation in the State of the Corporations 24 legislation as in operation immediately before that termination or 25 as subsequently amended or affected by-- 26 (i) laws referred to in paragraph (a); or 27 (ii) provisions referred to in section 4(4)(a) or (b). 28 (5) For the purposes of subsection (4)-- 29 (a) the laws referred to in subsection (4)(a) include Corporations 30 instruments; and 31

 


 

s6 8 s7 Corporations (Commonwealth Powers) Bill 2001 (b) the reference in subsection (4)(b) to the Corporations legislation 1 as in operation immediately before the termination of the 2 amendment reference includes that legislation as affected by 3 Corporations instruments that have come into operation before 4 that time. 5 6 Extension of period of reference by proclamation 6 (1) The Governor may, at any time before the prescribed termination day, 7 by proclamation published in the gazette, fix a day that is later than the 8 prescribed termination day as the day on which both the references 9 terminate. 10 (2) More than one proclamation may be made under subsection (1). 11 (3) A proclamation under subsection (1) is subordinate legislation. 12 7 Earlier termination of reference by proclamation 13 (1) The Governor may, at any time, by proclamation published in the 14 gazette, fix a day that is earlier than the prescribed termination day as the 15 day on which-- 16 (a) the references terminate; or 17 (b) the amendment reference terminates. 18 (2) The day fixed under subsection (1) must be no earlier than the first 19 day after the end of the period of 6 months beginning with the day on 20 which the proclamation is published under that subsection. 21 (3) The Governor may, by proclamation published in the gazette, revoke 22 a proclamation published under subsection (1), in which case the revoked 23 proclamation is taken (for the purposes of section 5) never to have been 24 published. 25 (4) A revoking proclamation has effect only if published before the day 26 fixed under subsection (1). 27 (5) The revocation of a proclamation published under subsection (1) 28 does not prevent publication of a further proclamation under that 29 subsection. 30 (6) A proclamation under subsection (1) has effect despite any earlier 31 proclamation published under section 6(1). 32 (7) A proclamation under subsection (1) or (3) is subordinate legislation. 33

 


 

s8 9 s9 Corporations (Commonwealth Powers) Bill 2001 8 Evidence 1 (1) A certificate of the Clerk of the Legislative Assembly of New South 2 Wales certifying that a document is an accurate copy of the tabled text, or is 3 an accurate copy of a particular part or of particular provisions of the tabled 4 text, is admissible in evidence in any proceedings and is evidence-- 5 (a) of the matter certified; and 6 (b) that the text of proposed Commonwealth Bills was tabled in the 7 Legislative Assembly of New South Wales as referred to in the 8 definition "tabled text" in section 3. 9 (2) Subsection (1) does not affect any other way in which the tabling or 10 content of the tabled text, or the accuracy of a copy of the tabled text or of a 11 part or provisions of the tabled text, may be established. 12 9 Operation of Act 13 This Act has effect despite any provision of the Corporations 14 (Queensland) Act 1990 or of the applicable provisions (as defined in that 15 Act) of the State. 16 State of Queensland 2001

 


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