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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Corporations (Consequential Amendments) Bill 2001 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Acts Amendment and Repeal (Financial Sector Reform) Act 1999 3. The Act amended 4 4. Section 4A inserted 4 5. Section 20 amended 5 Part 3 -- Architects Act 1921 6. The Act amended 6 7. Section 2 amended 6 8. Section 22 amended 7 Part 4 -- Associations Incorporation Act 1987 9. The Act amended 8 10. Section 3A inserted 8 11. Section 30 amended and saving 10 12. Section 31 amended 10 13. Section 32 replaced 11 14. Section 39 amended 12 Part 5 -- Auction Sales Act 1973 15. Auction Sales Act 1973 amended 13 page i 19--1 Corporations (Consequential Amendments) Bill 2001 Contents Part 6 -- Bank of Western Australia Act 1995 16. The Act amended 14 17. Section 19 amended 14 18. Section 23 amended 14 19. Section 25 replaced 15 20. Section 27 amended 15 Part 7 -- Betting Control Act 1954 21. The Act amended 16 22. Section 4 amended 16 23. Section 6A amended 16 Part 8 -- Bills of Sale Act 1899 24. The Act amended 17 25. Section 3 amended 17 26. Section 6 amended 17 27. Section 51 amended 18 Part 9 -- Builders' Registration Act 1939 28. The Act amended 19 29. Section 2 amended 19 30. Section 23A amended 19 Part 10 -- Building and Construction Industry Training Fund and Levy Collection Act 1990 31. The Act amended 20 32. Section 5 amended 20 33. Schedule 1 amended 20 Part 11 -- Building Societies Act 1976 34. The Act amended 21 35. Section 5B inserted 21 36. Section 5B repealed 22 page ii Corporations (Consequential Amendments) Bill 2001 Contents Part 12 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 37. The Act amended 23 38. Section 3 amended 23 39. Section 13A amended 23 Part 13 -- Companies (Co-operative) Act 1943 40. The Act amended 24 41. Division 3A inserted 24 42. Section 176A amended 26 Part 14 -- Construction Industry Portable Paid Long Service Leave Act 1985 43. The Act amended 27 44. Section 3 amended 27 45. Section 38 amended 27 Part 15 -- Consumer Credit (Western Australia) Act 1996 46. Consumer Credit (Western Australia) Act 1996 amended 28 Part 16 -- Co-operative and Provident Societies Act 1903 47. The Act amended 30 48. Section 2A inserted 30 49. Section 27 amended 32 50. Section 43 amended 32 51. Section 46 replaced 32 Part 17 -- Credit Act 1984 52. The Act amended 34 53. Section 5 amended 34 54. Section 164 amended 35 page iii Corporations (Consequential Amendments) Bill 2001 Contents Part 18 -- Credit (Administration) Act 1984 55. The Act amended 36 56. Section 4 amended 36 57. Section 58 amended 36 Part 19 -- Debits Tax Assessment Act 1990 58. Debits Tax Assessment Act 1990 amended 37 Part 20 -- Door to Door Trading Act 1987 59. Door to Door Trading Act 1987 amended 39 Part 21 -- Education Service Providers (Full Fee Overseas Students) Registration Act 1991 60. The Act amended 40 61. Section 11 amended 40 62. Section 22 amended 40 Part 22 -- Electricity Corporation Act 1994 63. The Act amended 41 64. Section 3 amended 41 65. Section 84 amended 41 66. Section 88 amended 41 67. Schedule 2 amended 43 68. Schedule 3 amended 43 Part 23 -- Environmental Protection Act 1986 69. The Act amended 45 70. Section 7 amended 45 71. Section 55 amended 45 72. Section 58 amended 45 page iv Corporations (Consequential Amendments) Bill 2001 Contents Part 24 -- Fair Trading Act 1987 73. The Act amended 47 74. Section 4 amended 47 75. Section 81 amended 47 Part 25 -- Financial Administration and Audit Act 1985 76. The Act amended 48 77. Section 3 amended 48 78. Section 78A amended 48 79. Section 81 amended 49 Part 26 -- Financial Institutions Duty Act 1983 80. The Act amended 50 81. Section 3 amended 50 82. Section 64 amended 50 83. Section 73 amended 50 Part 27 -- Gaming Commission Act 1987 84. The Act amended 51 85. Section 12 amended 51 86. Section 27 amended 51 87. Section 37 amended 51 88. Section 38 amended 51 Part 28 -- Gas Corporation (Business Disposal) Act 1999 89. The Act amended 53 90. Section 3 amended 53 91. Section 10 amended 53 92. Section 12A inserted 53 Part 29 -- Grain Marketing Act 1975 93. The Act amended 55 94. Section 13 amended 55 95. Section 19 amended 55 page v Corporations (Consequential Amendments) Bill 2001 Contents Part 30 -- Health Act 1911 96. Health Act 1911 amended 56 Part 31 -- Housing Societies Act 1976 97. The Act amended 57 98. Section 5 amended 57 99. Section 5C inserted 58 100. Section 59 amended 59 101. Section 61 amended 60 102. Section 66 amended 60 103. Heading to Part VIII amended 61 104. Section 70 replaced 61 105. Section 71 amended 62 106. Section 72 amended 62 Part 32 -- Human Reproductive Technology Act 1991 107. The Act amended 63 108. Section 3 amended 63 109. Section 53 amended 63 Part 33 -- Industrial Relations Act 1979 110. The Act amended 64 111. Section 3 amended 64 112. Section 65 amended 64 113. Section 96H amended 64 Part 34 -- Legal Contribution Trust Act 1967 114. Legal Contribution Trust Act 1967 amended 65 Part 35 -- Legal Practitioners Act 1893 115. The Act amended 66 116. Section 38 amended 66 117. Section 40 amended 66 118. Section 42A amended 66 119. Schedule 2 amended 66 page vi Corporations (Consequential Amendments) Bill 2001 Contents Part 36 -- Local Government Act 1995 120. The Act amended 67 121. Section 2.21 amended 67 122. Section 5.74 amended 67 123. Section 5.84 amended 68 124. Section 7.1 amended 68 Part 37 -- Members of Parliament (Financial Interests) Act 1992 125. The Act amended 69 126. Section 3 amended 69 127. Section 11 amended 70 Part 38 -- Mental Health Act 1996 128. Mental Health Act 1996 amended 71 Part 39 -- Mining Act 1978 129. The Act amended 72 130. Section 8 amended 72 131. Section 56A amended 72 132. Section 64 amended 72 133. Section 70 amended 73 134. Section 85B amended 73 135. Section 101 amended 73 136. Section 109A amended 73 Part 40 -- National Rail Corporation Agreement Act 1992 137. National Rail Corporation Agreement Act 1992 amended 74 Part 41 -- Nurses Act 1992 138. The Act amended 75 139. Section 56 amended 75 140. Schedule 1 amended 75 Part 42 -- Osteopaths Act 1997 141. The Act amended 76 142. Section 3 amended 76 page vii Corporations (Consequential Amendments) Bill 2001 Contents 143. Section 38 amended 76 144. Section 43 amended 76 145. Section 92 amended 77 146. Schedule 1 amended 77 147. Schedule 2 amended 77 Part 43 -- Pay-roll Tax Assessment Act 1971 148. The Act amended 78 149. Section 3 amended 78 150. Section 16B amended 78 151. Section 16D amended 79 152. Section 16H amended 79 153. Section 25 amended 79 154. Section 47 amended 79 Part 44 -- Perth International Centre for Application of Solar Energy Act 1994 155. Perth International Centre for Application of Solar Energy Act 1994 amended 80 Part 45 -- Port Authorities Act 1999 156. The Act amended 81 157. Section 3 amended 81 158. Section 87 amended 81 159. Section 91 amended 82 160. Schedule 3 amended 83 161. Schedule 5 amended 83 Part 46 -- Rail Freight System Act 2000 162. The Act amended 85 163. Section 12 amended 85 Part 47 -- Security and Related Activities (Control) Act 1996 164. Security and Related Activities (Control) Act 1996 amended 86 page viii Corporations (Consequential Amendments) Bill 2001 Contents Part 48 -- Stamp Act 1921 165. The Act amended 87 166. Section 4 amended 87 167. Section 63 amended 87 168. Section 73E amended 88 169. Section 74A amended 88 170. Section 75J amended 88 171. Section 75JAA inserted 89 172. Sections 75JE and 75JF amended 90 173. Section 75JG amended 91 174. Section 76 amended 91 175. Heading to Part IIIBA Division 2 amended 91 176. Section 76AI amended 91 177. Heading to Part IIIBA Division 3 replaced 92 178. Section 76AP amended 92 179. Section 76AR amended 92 180. Section 112AB amended 93 181. Section 112B amended 93 182. Section 112FR amended 93 183. Section 112H amended 94 184. Section 112HA amended 94 185. Section 112HB repealed 94 186. Section 112UE amended 94 187. Third Schedule amended 95 Part 49 -- Strata Titles Act 1985 188. The Act amended 96 189. Section 32 amended 96 Part 50 -- Taxation (Reciprocal Powers) Act 1989 190. Taxation (Reciprocal Powers) Act 1989 amended 97 Part 51 -- The Partnership Act 1895 191. The Act amended 98 192. Section 4 amended 98 193. Section 11 amended 98 page ix Corporations (Consequential Amendments) Bill 2001 Contents Part 52 -- Totalisator Agency Board Betting Act 1960 194. The Act amended 99 195. Section 6 amended 99 196. Sections 27 and 27A amended 99 Part 53 -- Trustee Companies Act 1987 197. The Act amended 100 198. Section 3 amended 100 199. Section 21 amended 101 200. Section 29 amended 101 201. Section 34 amended 101 202. Section 35 amended 102 203. Section 36 amended 102 Part 54 -- Water Corporation Act 1995 204. The Act amended 103 205. Section 3 amended 103 206. Section 82 amended 103 207. Section 86 amended 104 208. Schedule 2 amended 105 209. Schedule 3 amended 105 Part 55 -- Western Australian Land Authority Act 1992 210. The Act amended 107 211. Section 22 amended 107 212. Schedule 1 amended 107 Part 56 -- Western Australian Treasury Corporation Act 1986 213. The Act amended 108 214. Section 10 amended 108 215. Schedule 1 amended 108 216. Schedule 2 amended 108 page x Corporations (Consequential Amendments) Bill 2001 Contents Part 57 -- Workers' Compensation and Rehabilitation Act 1981 217. The Act amended 109 218. Section 5 amended 109 219. Section 175B amended 109 Part 58 -- Minor changes to other Acts 220. Changing "Corporations Law" to "Corporations Act 2001 of the Commonwealth" in various Acts 110 221. Changing "Companies (Western Australia) Code" to "Corporations Act 2001 of the Commonwealth" in various Acts 112 222. Changing "Securities Industry (Western Australia) Code" to "Corporations Act 2001 of the Commonwealth" in various Acts 113 page xi Western Australia LEGISLATIVE COUNCIL Corporations (Consequential Amendments) Bill 2001 A Bill for An Act to amend various Acts as a consequence of the Commonwealth enacting the Corporations Act 2001, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Corporations (Consequential Amendments) Bill 2001 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Corporations (Consequential Amendments) Act 2001. 5 2. Commencement (1) Subject to this section, this Act comes into operation at a time fixed by proclamation. (2) Different times may be fixed under subsection (1) for different provisions. 10 (3) A time fixed under subsection (1) may be a time that is earlier than the beginning of the day on which the proclamation is published in the Gazette, not being a time earlier than immediately before the coming into operation of the Corporations Act 2001 of the Commonwealth. 15 (4) Section 1 and this section come into operation at the beginning of the day on which this Act receives the Royal Assent. (5) If the Corporations Act 2001 of the Commonwealth comes into operation before the Building Societies Amendment Act 2001 comes into operation -- 20 (a) sections 34 and 35 come into operation immediately after the Corporations Act 2001 of the Commonwealth comes into operation; (b) section 36 comes into operation immediately before the Building Societies Amendment Act 2001 comes into 25 operation; and (c) Part 31 comes into operation immediately after the Building Societies Amendment Act 2001 comes into operation. page 2 Corporations (Consequential Amendments) Bill 2001 Preliminary Part 1 s. 2 (6) If the Corporations Act 2001 of the Commonwealth comes into operation at the same time as, or after, the Building Societies Amendment Act 2001 comes into operation -- (a) Part 11 does not come into operation; and 5 (b) Part 31 comes into operation immediately after the Corporations Act 2001 of the Commonwealth comes into operation. (7) If Part 5 Division 2 of the Financial Relations Agreement (Consequential Provisions) Act 1999 comes into operation at 10 the same time as, or after, the Corporations Act 2001 of the Commonwealth comes into operation, section 181(3) comes into operation immediately after that Division comes into operation, otherwise section 181(3) comes into operation at the same time as the rest of section 181. page 3 Corporations (Consequential Amendments) Bill 2001 Part 2 Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 3 Part 2 -- Acts Amendment and Repeal (Financial Sector Reform) Act 1999 3. The Act amended The amendments in this Part are to the Acts Amendment and 5 Repeal (Financial Sector Reform) Act 1999*. [* Act No. 26 of 1999.] 4. Section 4A inserted After section 4 the following section is inserted -- " 10 4A. Administrative functions and powers conferred on relevant Commonwealth bodies (1) In this section -- "administrative action" has the same meaning as it has in the Corporations (Administrative Actions) 15 Act 2001; "APRA or ASIC action" means an administrative action taken, or purportedly taken by APRA or ASIC pursuant to a function or power conferred, or purportedly conferred, by this Act; 20 "confer" includes impose. (2) The Corporations (Administrative Actions) Act 2001 applies in relation to an APRA or ASIC action as if this Act were a relevant State Act within the meaning of that Act. 25 (3) This Act does not purport to confer any duty on APRA or ASIC to perform a function, or to exercise a power, conferred, or purportedly conferred, by this Act if the conferral of the duty would be beyond the legislative power of the State. page 4 Corporations (Consequential Amendments) Bill 2001 Acts Amendment and Repeal (Financial Sector Reform) Act Part 2 1999 s. 5 (4) Subsection (3) does not limit the operation of section 7 of the Interpretation Act 1984. ". 5. Section 20 amended 5 (1) Section 20(2) is amended by deleting "Corporations Law which is deemed to apply as if the society had been a company." and inserting instead -- " Corporations Act 2001 of the Commonwealth as 10 applying because of this section. ". (2) After section 20(2) the following subsections are inserted -- " (2a) Money received by ASIC on a disposal of, or dealing 15 with, property of a society is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Part 9.7 of the Corporations Act 2001 of the Commonwealth as if the society had 20 been a company. (2b) For the purposes of subsection (2a), Part 3 of the Corporations (Ancillary Provisions) Act 2001 has effect as if that Part did not contain sections 16(1)(b) and 17. 25 ". page 5 Corporations (Consequential Amendments) Bill 2001 Part 3 Architects Act 1921 s. 6. Part 3 -- Architects Act 1921 6. The Act amended The amendments in this Part are to the Architects Act 1921*. [* Reprinted as at 26 February 1999.] 5 7. Section 2 amended Section 2(1) is amended by deleting the definitions of "corporation" and "foreign corporation" and inserting in the appropriate alphabetical positions -- " 10 "corporation" means any body corporate, whether formed or incorporated in or outside the State, and includes a company, a foreign company or a registrable Australian body within the meaning of the Corporations Act 2001 of the Commonwealth; 15 "foreign corporation" means -- (a) a corporation which is not incorporated, or taken to be registered, in the State; or (b) a corporation which is incorporated, or taken to be registered, in the State but which is a 20 subsidiary, within the meaning of the Corporations Act 2001 of the Commonwealth, of a corporation referred to in paragraph (a); ". page 6 Corporations (Consequential Amendments) Bill 2001 Architects Act 1921 Part 3 s. 8 8. Section 22 amended Section 22(1) is amended by deleting "struck off the register of companies pursuant to section 459 of the Companies (Western Australia) Code, or a corresponding provision of a 5 corresponding law of any other State or Territory of the Commonwealth" and inserting instead -- " deregistered under the Corporations Act 2001 of the Commonwealth 10 ". page 7 Corporations (Consequential Amendments) Bill 2001 Part 4 Associations Incorporation Act 1987 s. 9 Part 4 -- Associations Incorporation Act 1987 9. The Act amended The amendments in this Part are to the Associations Incorporation Act 1987*. 5 [* Reprinted as at 20 August 1999.] 10. Section 3A inserted After section 3 the following section is inserted -- " 3A. Incorporated associations excluded from 10 Corporations legislation (1) The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to 15 which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) -- (a) an incorporated association; (b) any act or omission of any person, body or other entity in relation to an incorporated 20 association. (2) The provisions referred to in subsection (1) are -- (a) provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation; 25 (b) provisions that relate to the role of an incorporated association in the formation of a company; (c) provisions that relate to substantial holdings, by or involving an incorporated association, in a 30 company; page 8 Corporations (Consequential Amendments) Bill 2001 Associations Incorporation Act 1987 Part 4 s. 10 (d) provisions that confer or impose functions on an incorporated association as a member, or former member, of a corporation; (e) provisions that relate to dealings by an 5 incorporated association in securities of a body corporate, other than securities of the incorporated association itself; (f) provisions that confer or impose functions on an incorporated association in its dealings with 10 a corporation, not being dealings in securities of the incorporated association; (g) provisions that relate to securities of an incorporated association, other than debentures of or deposits with an incorporated association; 15 (h) provisions relating to the futures industry; (i) provisions relating to participants in the securities industry; (j) provisions relating to the conduct of securities business; 20 (k) provisions relating to dealers' accounts and audit; (l) provisions relating to money and scrip of dealers' clients; or (m) provisions relating to registers of interests in 25 securities. (3) The provisions specified in subsection (2) only apply to an incorporated association to the extent to which an incorporated association may engage in the activities covered by those provisions. 30 ". page 9 Corporations (Consequential Amendments) Bill 2001 Part 4 Associations Incorporation Act 1987 s. 11 11. Section 30 amended and saving (1) Section 30(4) is repealed and the following subsection is inserted instead -- " 5 (4) The regulations may declare the winding up of an incorporated association under this section to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Parts 5.4 to 5.7 10 (winding up) of the Corporations Act 2001 of the Commonwealth, with any modifications that are specified in the declaration. ". (2) Regulations (the "old regulations") made under section 30(4) 15 (the "old provision") of the Associations Incorporation Act 1987 as in force immediately before the commencement of subsection (1) of this section continue in force, despite the repeal of the old provision, until regulations are made under section 30(4) of the Associations Incorporation Act 1987 as in 20 force immediately after the commencement of subsection (1) of this section, and any winding up commenced under the old regulations is to be dealt with under the provisions applied by those old regulations. 12. Section 31 amended 25 Section 31(3) is repealed and the following subsection is inserted instead -- " (3) The winding up of an incorporated association by the Supreme Court (other than a voluntary winding up) is 30 declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Part 5.7 page 10 Corporations (Consequential Amendments) Bill 2001 Associations Incorporation Act 1987 Part 4 s. 13 (Winding up bodies other than companies) of the Corporations Act 2001 of the Commonwealth. ". 13. Section 32 replaced 5 Section 32 is repealed and the following section is inserted instead -- " 32. Modifications of applied text of Corporations Act The following modifications to the text of Parts 5.4 to 10 5.7 of the Corporations Act 2001 of the Commonwealth apply for the purposes of sections 30 and 31 -- (a) a reference to a company is to be read as a reference to an incorporated association; 15 (b) a reference in Part 5.7 to a Part 5.7 body is to be read as a reference to an incorporated association; (c) a reference to the directors of a company is to be read as a reference to the members of the 20 committee of an incorporated association; (d) a reference to the secretary of a company is to be read as a reference to the secretary of an incorporated association or the person carrying out the functions ordinarily carried out by a 25 secretary of an association; (e) a reference to the principal place of business of a company is to be read as a reference to the place where the secretary of an incorporated association resides; 30 (f) a reference to ASIC is to be read as a reference to the Commissioner; page 11 Corporations (Consequential Amendments) Bill 2001 Part 4 Associations Incorporation Act 1987 s. 14 (g) a reference to the Court is to be read as a reference to the Supreme Court. ". 14. Section 39 amended 5 Section 39(4) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 12 Corporations (Consequential Amendments) Bill 2001 Auction Sales Act 1973 Part 5 s. 15 Part 5 -- Auction Sales Act 1973 15. Auction Sales Act 1973 amended The Auction Sales Act 1973* is amended in section 4 by deleting the definition of "corporation" and inserting instead -- 5 " "corporation" means any body corporate, whether formed or incorporated in or outside the State, and includes a company, a foreign company or a registrable Australian body within the meaning of 10 the Corporations Act 2001 of the Commonwealth; ". [* Reprinted as at 10 June 1999.] page 13 Corporations (Consequential Amendments) Bill 2001 Part 6 Bank of Western Australia Act 1995 s. 16 Part 6 -- Bank of Western Australia Act 1995 16. The Act amended The amendments in this Part are to the Bank of Western Australia Act 1995*. 5 [* Act No. 14 of 1995. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 33.] 17. Section 19 amended Section 19 is amended as follows: 10 (a) in the definition of "Bank" by deleting "incorporated under the Corporations Law" and inserting instead -- " registered under the Corporations Act 2001 of the Commonwealth 15 "; (b) in the definition of "subsidiary" by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 18. Section 23 amended 20 (1) Section 23(1)(a) is amended by deleting "incorporated" and inserting instead -- " taken to be registered ". (2) Section 23(4) is repealed. page 14 Corporations (Consequential Amendments) Bill 2001 Bank of Western Australia Act 1995 Part 6 s. 19 19. Section 25 replaced Section 25 is repealed and the following section is inserted instead -- " 5 25. Operation of sections 23 and 24 excluded from the Corporations legislation The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in 10 relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies -- (a) the articles of association of the Bank to the extent that they are governed by sections 23 and 24; 15 (b) resolutions of the Bank to the extent that they are governed by section 24. ". 20. Section 27 amended Section 27(4) is repealed and the following subsection is 20 inserted instead -- " (4) The use of names and descriptions, as governed by this section, is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of 25 the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies. ". page 15 Corporations (Consequential Amendments) Bill 2001 Part 7 Betting Control Act 1954 s. 21 Part 7 -- Betting Control Act 1954 21. The Act amended The amendments in this Part are to the Betting Control Act 1954*. 5 [* Reprinted as at 20 February 1997. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 36.] 22. Section 4 amended Section 4(1) is amended in paragraph (a) of the definition of 10 "record" by deleting "accounting records (within the meaning of the Corporations Law), document" and inserting instead -- " document, financial records (within the meaning of the Corporations Act 2001 of the 15 Commonwealth) ". 23. Section 6A amended Section 6A(1)(d) is amended by deleting "Corporations Law" and inserting instead -- 20 " Corporations Act 2001 of the Commonwealth ". page 16 Corporations (Consequential Amendments) Bill 2001 Bills of Sale Act 1899 Part 8 s. 24 Part 8 -- Bills of Sale Act 1899 24. The Act amended The amendments in this Part are to the Bills of Sale Act 1899*. [* Reprinted as at 12 February 1996. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 38-9.] 25. Section 3 amended After section 3(3) the following subsections are inserted -- " 10 (4) This Act does not apply to any bill of sale by a company other than -- (a) a bill by way of bailment; or (b) a bill of sale given jointly with another person who is not a company, or other persons of 15 whom at least one is not a company. (5) In subsection (4) -- "company" means a company or a registered body within the meaning of the Corporations Act 2001 of the Commonwealth, other than a registered 20 body specified, or of a kind specified, in the regulations. ". 26. Section 6 amended Section 6(1) is amended by inserting after "State in which it is 25 incorporated" -- " or taken to be registered ". page 17 Corporations (Consequential Amendments) Bill 2001 Part 8 Bills of Sale Act 1899 s. 27 27. Section 51 amended Section 51 is amended by deleting "Companies (Western Australia) Code or any corresponding law of another State or Territory of the Commonwealth" and inserting instead -- 5 " Corporations Act 2001 of the Commonwealth ". page 18 Corporations (Consequential Amendments) Bill 2001 Builders' Registration Act 1939 Part 9 s. 28 Part 9 -- Builders' Registration Act 1939 28. The Act amended The amendments in this Part are to the Builders' Registration Act 1939*. 5 [* Reprinted as at 19 March 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 44 and, Act No. 43 of 2000.] 29. Section 2 amended Section 2 is amended by deleting the definition of "Company" 10 and inserting instead -- " "Company" means a company or a registered body within the meaning of the Corporations Act 2001 of the Commonwealth, other than a registered 15 body specified, or of a kind specified, in the regulations. ". 30. Section 23A amended Section 23A(2) is amended by deleting "Corporations Law" and 20 inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 19 Corporations (Consequential Amendments) Bill 2001 Part 10 Building and Construction Industry Training Fund and Levy Collection Act 1990 s. 31 Part 10 -- Building and Construction Industry Training Fund and Levy Collection Act 1990 31. The Act amended The amendments in this Part are to the Building and 5 Construction Industry Training Fund and Levy Collection Act 1990*. [* Reprinted as at 9 March 2001.] 32. Section 5 amended Section 5(2)(c) is deleted and the following paragraph is 10 inserted instead -- " (c) is a body corporate that is -- (i) registered, incorporated or established under a law of the State; 15 (ii) taken to be registered in the State; or (iii) a related body corporate, for the purposes of the Corporations Act 2001 of the Commonwealth, of such a body; ". 20 33. Schedule 1 amended Schedule 1 clause 4(2)(b) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 20 Corporations (Consequential Amendments) Bill 2001 Building Societies Act 1976 Part 11 s. 34 Part 11 -- Building Societies Act 1976 34. The Act amended The amendments in this Part are to the Building Societies Act 1976*. 5 [* Reprinted as approved 14 April 1986. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 46.] 35. Section 5B inserted After section 5A the following section is inserted -- 10 " 5B. Building societies excluded from Corporations legislation (1) The following matters are declared to be excluded matters for the purposes of section 5F of the 15 Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) -- (a) a building society; 20 (b) any act or omission of any person, body or other entity in relation to a building society. (2) The provisions referred to in subsection (1) are -- (a) provisions that relate to any matter that the regulations provide is not to be excluded from 25 the operation of the Corporations legislation; (b) provisions that relate to the role of a housing society in the formation of a company; (c) provisions that relate to substantial holdings, by or involving a housing society, in a company; page 21 Corporations (Consequential Amendments) Bill 2001 Part 11 Building Societies Act 1976 s. 36 (d) provisions that confer or impose functions on a housing society as a member, or former member, of a corporation; (e) provisions that relate to dealings by a housing 5 society in securities of a body corporate, other than securities of the housing society itself; (f) provisions that confer or impose functions on a housing society in its dealings with a corporation, not being dealings in securities of 10 the housing society; (g) provisions that relate to securities of a housing society, other than shares in, debentures of or deposits with a housing society; (h) provisions relating to the futures industry; 15 (i) provisions relating to participants in the securities industry; (j) provisions relating to the conduct of securities business; (k) provisions relating to dealers' accounts and 20 audit; (l) provisions relating to money and scrip of dealers' clients; or (m) provisions relating to registers of interests in securities. 25 (3) The provisions specified in subsection (2) only apply to a building society to the extent to which a building society may engage in the activities covered by those provisions. ". 30 36. Section 5B repealed Section 5B is repealed. page 22 Corporations (Consequential Amendments) Bill 2001 Commercial Tenancy (Retail Shops) Agreements Act 1985 Part 12 s. 37 Part 12 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 37. The Act amended The amendments in this Part are to the Commercial Tenancy 5 (Retail Shops) Agreements Act 1985*. [* Reprinted as at 21 July 2000.] 38. Section 3 amended Section 3(1) is amended in the definition of "retail shop lease" by deleting paragraph (b) and inserting instead -- 10 " (b) the lease is held by a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) that would not be eligible to be incorporated as a proprietary company, 15 or that is held by a subsidiary of such a corporation; ". 39. Section 13A amended Section 13A(4) is amended as follows: 20 (a) by deleting paragraph (b) and inserting instead -- " (b) one of them is a related body corporate of the other within the meaning of the Corporations Act 2001 of the Commonwealth; 25 "; (b) in paragraph (c) by deleting "given to that term by the Companies (Western Australia) Code" in both places where it occurs and inserting instead -- " of the Corporations Act 2001 of the Commonwealth ". page 23 Corporations (Consequential Amendments) Bill 2001 Part 13 Companies (Co-operative) Act 1943 s. 40 Part 13 -- Companies (Co-operative) Act 1943 40. The Act amended The amendments in this Part are to the Companies (Co-operative) Act 1943*. 5 [* Reprinted as at 14 January 2000.] 41. Division 3A inserted After section 11 the following Division is inserted -- " Division 3A -- Relationship with the Corporations 10 legislation 11A. Co-operative companies excluded from Corporations legislation (1) The following matters are declared to be excluded matters for the purposes of section 5F of the 15 Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) -- (a) a co-operative company; 20 (b) any act or omission of any person, body or other entity in relation to a co-operative company. (2) The provisions referred to in subsection (1) are -- (a) provisions that relate to any matter that the 25 regulations provide is not to be excluded from the operation of the Corporations legislation; page 24 Corporations (Consequential Amendments) Bill 2001 Companies (Co-operative) Act 1943 Part 13 s. 41 (b) provisions that relate to the role of a co-operative company in the formation of a company; (c) provisions that relate to substantial holdings, by 5 or involving a co-operative company, in a company; (d) provisions that confer or impose functions on a co-operative company as a member, or former member, of a corporation; 10 (e) provisions that relate to dealings by a co-operative company in securities of a body corporate, other than securities of the co-operative company itself; (f) provisions that confer or impose functions on a 15 co-operative company in its dealings with a corporation, not being dealings in securities of the co-operative company; (g) provisions that relate to securities of a co-operative company, other than shares in, 20 debentures of or deposits with a co-operative company; (h) provisions relating to the futures industry; (i) provisions relating to participants in the securities industry; 25 (j) provisions relating to the conduct of securities business; (k) provisions relating to dealers' accounts and audit; (l) provisions relating to money and scrip of 30 dealers' clients; or (m) provisions relating to registers of interests in securities. page 25 Corporations (Consequential Amendments) Bill 2001 Part 13 Companies (Co-operative) Act 1943 s. 42 (3) The provisions specified in subsection (2) only apply to a co-operative company to the extent to which a co-operative company may engage in the activities covered by those provisions. 5 (4) In this section -- "body corporate", "company", "corporation" and other expressions used in the Corporations Act 2001 of the Commonwealth have the meaning given by that Act; 10 "co-operative company" means a company registered under Part VI of this Act. ". 42. Section 176A amended Section 176A(1)(a) is amended by deleting "Corporations Law" 15 and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 26 Corporations (Consequential Amendments) Bill 2001 Construction Industry Portable Paid Long Service Leave Act Part 14 1985 s. 43 Part 14 -- Construction Industry Portable Paid Long Service Leave Act 1985 43. The Act amended The amendments in this Part are to the Construction Industry 5 Portable Paid Long Service Leave Act 1985*. [* Reprinted as at 5 March 1999.] 44. Section 3 amended Section 3(1) is amended in the definition of "books" by deleting "accounting records (within the meaning of the Companies 10 (Western Australia) Code)" and inserting instead -- " financial records (within the meaning of the Corporations Act 2001 of the Commonwealth) ". 15 45. Section 38 amended Section 38(7) is repealed and the following subsection is inserted instead -- " (7) The notice requirements imposed on a liquidator by 20 this section are in addition to the provisions of the Corporations Act 2001 of the Commonwealth. ". page 27 Corporations (Consequential Amendments) Bill 2001 Part 15 Consumer Credit (Western Australia) Act 1996 s. 46 Part 15 -- Consumer Credit (Western Australia) Act 1996 46. Consumer Credit (Western Australia) Act 1996 amended The Appendix to the Consumer Credit (Western Australia) 5 Act 1996* is amended as follows: (a) in clause 7(9) by deleting "Corporations Law" and inserting instead -- " Corporations Act "; (b) in clause 30(1) by deleting "Corporations Law" and 10 inserting instead -- " Corporations Act "; (c) in clause 102(3) by deleting "(within the meaning of the Corporations Law), if the credit provider or subsidiary takes deposits or is a borrowing corporation (within the 15 meaning of that Law)" and inserting instead -- " (within the meaning of the Corporations Act), if the credit provider or subsidiary takes deposits or is a borrowing corporation (within the meaning of the Corporations Law as 20 in force immediately before 13 March 2000) "; (d) in Schedule 1 clause 1 by inserting in the appropriate alphabetical position -- " 25 "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; (e) in Schedule 1 clause 1 in the definition of "insolvent" by deleting "Corporations Law" in both places where it 30 occurs and inserting instead -- " Corporations Act "; page 28 Corporations (Consequential Amendments) Bill 2001 Consumer Credit (Western Australia) Act 1996 Part 15 s. 46 (f) in Schedule 1 clause 1 in the definition of "retained fees and credit charges" by deleting "Corporations Law" and inserting instead -- " Corporations Act "; 5 (g) in Schedule 1 clause 2(a) by deleting "Corporations Law" and inserting instead -- " Corporations Act ". [* Act No. 30 of 1996. For subsequent amendments see 2000 Index to Legislation of 10 Western Australia, Table 1, p. 90.] page 29 Corporations (Consequential Amendments) Bill 2001 Part 16 Co-operative and Provident Societies Act 1903 s. 47 Part 16 -- Co-operative and Provident Societies Act 1903 47. The Act amended The amendments in this Part are to the Co-operative and 5 Provident Societies Act 1903*. [* Reprinted as approved 30 September 1969. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 92.] 48. Section 2A inserted 10 After section 2 the following section is inserted -- " 2A. Registered societies excluded from Corporations legislation (1) The following matters are declared to be excluded 15 matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) -- 20 (a) a registered society; (b) any act or omission of any person, body or other entity in relation to a registered society. (2) The provisions referred to in subsection (1) are -- (a) provisions that relate to any matter that the 25 regulations provide is not to be excluded from the operation of the Corporations legislation; (b) provisions that relate to the role of a registered society in the formation of a company; (c) provisions that relate to substantial holdings, by 30 or involving a registered society, in a company; page 30 Corporations (Consequential Amendments) Bill 2001 Co-operative and Provident Societies Act 1903 Part 16 s. 48 (d) provisions that confer or impose functions on a registered society as a member, or former member, of a corporation; (e) provisions that relate to dealings by a registered 5 society in securities of a body corporate, other than securities of the registered society itself; (f) provisions that confer or impose functions on a registered society in its dealings with a corporation, not being dealings in securities of 10 the registered society; (g) provisions that relate to securities of a registered society, other than shares in, debentures of or deposits with a registered society; 15 (h) provisions relating to the futures industry; (i) provisions relating to participants in the securities industry; (j) provisions relating to the conduct of securities business; 20 (k) provisions relating to dealers' accounts and audit; (l) provisions relating to money and scrip of dealers' clients; or (m) provisions relating to registers of interests in 25 securities. (3) The provisions specified in subsection (2) only apply to a registered society to the extent to which a registered society may engage in the activities covered by those provisions. 30 ". page 31 Corporations (Consequential Amendments) Bill 2001 Part 16 Co-operative and Provident Societies Act 1903 s. 49 49. Section 27 amended Section 27(e) is amended by deleting "or recognized company within the meaning of the Companies (Western Australia) Code" and inserting instead -- 5 " within the meaning of the Corporations Act 2001 of the Commonwealth ". 50. Section 43 amended 10 (1) Section 43(1) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth that is taken to be registered in Western Australia 15 ". (2) Section 43(4)(c) is amended by inserting after "requirement of " -- " the Corporations Act 2001 of the 20 Commonwealth, the Corporations Law, ". 51. Section 46 replaced Section 46 is repealed and the following section is inserted instead -- 25 " 46. Dissolution of a registered society (1) A registered society may be dissolved -- (a) by order of the Court, or pursuant to a special resolution for the winding up of the society; or page 32 Corporations (Consequential Amendments) Bill 2001 Co-operative and Provident Societies Act 1903 Part 16 s. 51 (b) by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution. (2) The dissolution of a registered society under 5 subsection (1)(a) is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Parts 5.4 to 5.6 (winding up) of the Corporations Act 2001 of the Commonwealth. 10 (3) The following modifications to the text of Parts 5.4 to 5.6 of the Corporations Act 2001 of the Commonwealth apply for the purposes of subsection (2) -- (a) a reference to a company is to be read as a 15 reference to a registered society; (b) a reference to a special resolution is to be read as a reference to a special resolution under this Act; (c) a reference to ASIC is to be read as a reference 20 to the Registrar; (d) a reference to the Court is to be read as a reference to the Supreme Court. ". page 33 Corporations (Consequential Amendments) Bill 2001 Part 17 Credit Act 1984 s. 52 Part 17 -- Credit Act 1984 52. The Act amended The amendments in this Part are to the Credit Act 1984*. [* Reprinted as at 6 April 2001.] 5 53. Section 5 amended Section 5(1) is amended as follows: (a) in paragraph (a) of the definition of "commission charge" by deleting "would for the purposes of the Companies (Western Australia) Code be a related 10 corporation in relation to the credit provider" and inserting instead -- " is a related body corporate of the credit provider for the purposes of the 15 Corporations Act 2001 of the Commonwealth "; (b) in paragraph (a) of the definition of "guarantor" by deleting "would for the purposes of the Companies 20 (Western Australia) Code be a related corporation in relation to the supplier" and inserting instead -- " is a related body corporate of the supplier for the purposes of the Corporations Act 2001 of 25 the Commonwealth "; (c) in the definition of "officer" by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 34 Corporations (Consequential Amendments) Bill 2001 Credit Act 1984 Part 17 s. 54 54. Section 164 amended Section 164(2) is amended as follows: (a) in paragraph (a) by inserting after "law of the" -- " Commonwealth, "; 5 (b) in paragraph (b) by deleting "the law of a State or Territory" and inserting instead -- " a law of the Commonwealth, or a State or Territory, 10 ". page 35 Corporations (Consequential Amendments) Bill 2001 Part 18 Credit (Administration) Act 1984 s. 55 Part 18 -- Credit (Administration) Act 1984 55. The Act amended The amendments in this Part are to the Credit (Administration) Act 1984*. 5 [* Reprinted as at 5 May 2000.] 56. Section 4 amended Section 4 is amended in the definition of "officer" by deleting "section 5(1) of the Companies (Western Australia) Code" and inserting instead -- 10 " the Corporations Act 2001 of the Commonwealth ". 57. Section 58 amended Section 58(2) is amended as follows: (a) in paragraph (a) by inserting after "law of the" -- " Commonwealth, "; 15 (b) in paragraph (b) by deleting "the law of a State or Territory of the Commonwealth" and inserting instead -- " a law of the Commonwealth, or a State or 20 Territory of the Commonwealth, ". page 36 Corporations (Consequential Amendments) Bill 2001 Debits Tax Assessment Act 1990 Part 19 s. 58 Part 19 -- Debits Tax Assessment Act 1990 58. Debits Tax Assessment Act 1990 amended Section 3(2) of the Debits Tax Assessment Act 1990* is amended as follows: 5 (a) in paragraph (b) by inserting after "body corporate" -- " and a time that was before the commencement of the Corporations Act 2001 of the Commonwealth 10 "; (b) after paragraph (b) by deleting "or" and inserting -- " (ba) in the case of a company that is a body corporate and that was registered under the 15 Corporations Act 2001 of the Commonwealth at that time -- (i) the company was taken to be incorporated in Western Australia at that time; or 20 (ii) if the company was taken to be incorporated outside Western Australia at that time, the company carried on business in Western Australia at that time and either -- 25 (A) had its central management and control in Western Australia; or (B) had its voting power controlled by shareholders who were residents of Western Australia; 30 (bb) in the case of a company that is a body corporate and that was not registered under the Corporations Act 2001 of the Commonwealth page 37 Corporations (Consequential Amendments) Bill 2001 Part 19 Debits Tax Assessment Act 1990 s. 58 at that time (and that time was after the commencement of that Act) -- (i) the company was incorporated in Western Australia at that time; or 5 (ii) if the company was incorporated outside Western Australia at that time, the company carried on business in Western Australia at that time and either -- (A) had its central management and 10 control in Western Australia; or (B) had its voting power controlled by shareholders who were residents of Western Australia; or 15 ". [* Act No. 57 of 1990. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 114.] page 38 Corporations (Consequential Amendments) Bill 2001 Door to Door Trading Act 1987 Part 20 s. 59 Part 20 -- Door to Door Trading Act 1987 59. Door to Door Trading Act 1987 amended Section 19 of the Door to Door Trading Act 1987* is repealed and the following section is inserted instead -- 5 " 19. Prohibition on securities hawking unaffected by this Act This Act does not derogate from section 736 of the Corporations Act 2001 of the Commonwealth. 10 ". [* Act No. 7 of 1987. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 124.] page 39 Corporations (Consequential Amendments) Bill 2001 Part 21 Education Service Providers (Full Fee Overseas Students) Registration Act 1991 s. 60 Part 21 -- Education Service Providers (Full Fee Overseas Students) Registration Act 1991 60. The Act amended The amendments in this Part are to the Education Service 5 Providers (Full Fee Overseas Students) Registration Act 1991*. [* Act No. 58 of 1991. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 127-8.] 61. Section 11 amended 10 Section 11(a)(i) is deleted and the following subparagraph is inserted instead -- " (i) a corporation registered under the Corporations Act 2001 of the 15 Commonwealth, that the requirements of section 201B(1) of that Act are complied with; ". 62. Section 22 amended 20 Section 22(3) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth. ". page 40 Corporations (Consequential Amendments) Bill 2001 Electricity Corporation Act 1994 Part 22 s. 63 Part 22 -- Electricity Corporation Act 1994 63. The Act amended The amendments in this Part are to the Electricity Corporation Act 1994*. 5 [* Reprinted as at 4 January 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 134 and Act No. 43 of 2000.] 64. Section 3 amended Section 3 is amended as follows: 10 (a) by inserting in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; 15 (b) in paragraph (a) of the definition of "subsidiary" by deleting "Corporations Law" in both places where it occurs and inserting instead -- " Corporations Act ". 65. Section 84 amended 20 Section 84(1)(a)(xi) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 66. Section 88 amended Section 88(3) and (4) are repealed and the following subsections 25 are inserted instead -- " (3) If -- page 41 Corporations (Consequential Amendments) Bill 2001 Part 22 Electricity Corporation Act 1994 s. 66 (a) a provision of Schedule 3 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 5 Corporations Act); or (ii) the Corporations Act, does not accurately reflect the corresponding provision of the Corporations Act; (b) the Corporations Act does not contain a 10 provision that corresponds to a provision of Schedule 3 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 15 Corporations Act); or (ii) the Corporations Act; or (c) the Corporations Act contains a provision relating to a matter provided for by Schedule 3, 20 the substance of which is not set out in Schedule 3, the Minister may recommend to the Governor, as soon as practicable after the circumstance in paragraph (a), (b) or (c) arises, that regulations be made under 25 subsection (2). (4) The regulations are to be in such form that Schedule 3 as amended will, in the opinion of the Minister, be substantially the same as the corresponding provisions of the Corporations Act, but with such modifications as 30 are consistent with the policy of this Act. ". page 42 Corporations (Consequential Amendments) Bill 2001 Electricity Corporation Act 1994 Part 22 s. 67 67. Schedule 2 amended Schedule 2 clause 6(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 68. Schedule 3 amended Schedule 3 is amended as follows: (a) in clause 1(1) by inserting in the appropriate alphabetical position -- " 10 "accounting records" means financial records within the meaning of the Corporations Act; "; (b) in clause 1(1) in the definition of "Board" by deleting "established under Part 12 of the Australian Securities 15 and Investments Commission Act 1989" and inserting instead -- " referred to in section 226 of the Australian Securities and Investments Commission Act 2001 20 "; (c) in clause 1(1) in the definition of "Commission" by deleting "established under Part 2 of the Australian Securities and Investments Commission Act 1989" and inserting instead -- 25 " referred to in section 8 of the Australian Securities and Investments Commission Act 2001 "; (d) in clause 1(1) in the definition of "regulations" by 30 deleting "Corporations Law" and inserting instead -- " Corporations Act "; page 43 Corporations (Consequential Amendments) Bill 2001 Part 22 Electricity Corporation Act 1994 s. 68 (e) in clause 1(2) by deleting " "accounting records"," and " "applicable accounting standards","; (f) in clauses 1(2), 2, 4(2), 5(1) and (2), 18(1) and 30(2)(a) by deleting "Corporations Law" and inserting instead -- 5 " Corporations Act ". page 44 Corporations (Consequential Amendments) Bill 2001 Environmental Protection Act 1986 Part 23 s. 69 Part 23 -- Environmental Protection Act 1986 69. The Act amended The amendments in this Part are to the Environmental Protection Act 1986*. 5 [* Reprinted as at 7 July 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 139.] 70. Section 7 amended Section 7(7)(a) is amended by deleting "Companies (Western 10 Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 71. Section 55 amended Section 55(3) is amended as follows: (a) in the definition of "corporation" by deleting "section 5 15 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth "; (b) in the definition of "subsidiary" by deleting "section 7 of the Companies (Western Australia) Code" and 20 inserting instead -- " the Corporations Act 2001 of the Commonwealth ". 72. Section 58 amended Section 58(4) is amended as follows: (a) in the definition of "corporation" by deleting "section 5 25 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth "; page 45 Corporations (Consequential Amendments) Bill 2001 Part 23 Environmental Protection Act 1986 s. 72 (b) in the definition of "subsidiary" by deleting "section 7 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". page 46 Corporations (Consequential Amendments) Bill 2001 Fair Trading Act 1987 Part 24 s. 73 Part 24 -- Fair Trading Act 1987 73. The Act amended The amendments in this Part are to the Fair Trading Act 1987*. [* Act No. 108 of 1987. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 148.] 74. Section 4 amended Section 4(2) is repealed and the following subsection is inserted instead -- 10 " (2) This Act extends to the engaging in conduct outside Western Australia by bodies corporate incorporated, or taken to be registered, in Western Australia or carrying on business within Western Australia, or by persons 15 ordinarily resident within Western Australia. ". 75. Section 81 amended Section 81(1) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- 20 " Corporations Act 2001 of the Commonwealth ". page 47 Corporations (Consequential Amendments) Bill 2001 Part 25 Financial Administration and Audit Act 1985 s. 76 Part 25 -- Financial Administration and Audit Act 1985 76. The Act amended The amendments in this Part are to the Financial Administration and Audit Act 1985*. 5 [* Reprinted as at 24 November 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 157.] 77. Section 3 amended Section 3(1) is amended in the definition of "subsidiary body" 10 by deleting paragraph (a)(i) and "or" after it and inserting instead -- " (i) a company within the meaning of the Corporations Act 2001 of the 15 Commonwealth; or ". 78. Section 78A amended (1) Section 78A(2) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- 20 " Corporations Act 2001 of the Commonwealth ". (2) Section 78A(4) is amended by deleting the definition of "foreign subsidiary" and inserting instead -- " "foreign subsidiary" means a subsidiary body that 25 is -- (a) a company within the meaning of the Corporations Act 2001 of the Commonwealth that is not taken to be registered in this State; or page 48 Corporations (Consequential Amendments) Bill 2001 Financial Administration and Audit Act 1985 Part 25 s. 79 (b) otherwise formed or incorporated under the law of another State or a Territory or of a place other than a State or Territory; ". 5 79. Section 81 amended Section 81(2) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 49 Corporations (Consequential Amendments) Bill 2001 Part 26 Financial Institutions Duty Act 1983 s. 80 Part 26 -- Financial Institutions Duty Act 1983 80. The Act amended The amendments in this Part are to the Financial Institutions Duty Act 1983*. 5 [* Reprinted as at 19 November 1992. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 159-60.] 81. Section 3 amended Section 3(1) is amended in the definition of "books" by deleting 10 "accounting records (within the meaning of the Companies (Western Australia) Code)" and inserting instead -- " financial records (within the meaning of the Corporations Act 2001 of the Commonwealth) 15 ". 82. Section 64 amended Section 64(2) is amended by deleting "section 5(1) of the Companies (Western Australia) Code" and inserting instead -- " 20 section 9 of the Corporations Act 2001 of the Commonwealth ". 83. Section 73 amended Section 73(3) is amended by deleting "sections 528, 529 and 25 530 of the Companies (Western Australia) Code" and inserting instead -- " sections 109X and 601CX of the Corporations Act 2001 of the Commonwealth 30 ". page 50 Corporations (Consequential Amendments) Bill 2001 Gaming Commission Act 1987 Part 27 s. 84 Part 27 -- Gaming Commission Act 1987 84. The Act amended The amendments in this Part are to the Gaming Commission Act 1987*. 5 [* Reprinted as at 30 October 1998. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 175.] 85. Section 12 amended Section 12(11)(b) is amended by deleting "Corporations Law" 10 and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 86. Section 27 amended Section 27(2)(a) is amended by deleting "Corporations Law" and inserting instead -- 15 " Corporations Act 2001 of the Commonwealth ". 87. Section 37 amended Section 37(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 20 88. Section 38 amended Section 38 is amended by deleting paragraph (a) and "or" after it and inserting instead -- " (a) a corporation within the meaning of the 25 Corporations Act 2001 of the Commonwealth, or a shareholder in such a corporation, by sending the document to the corporation or that page 51 Corporations (Consequential Amendments) Bill 2001 Part 27 Gaming Commission Act 1987 s. 88 shareholder in a manner that is the same as a manner authorised by that Act for the service of documents; or ". page 52 Corporations (Consequential Amendments) Bill 2001 Gas Corporation (Business Disposal) Act 1999 Part 28 s. 89 Part 28 -- Gas Corporation (Business Disposal) Act 1999 89. The Act amended The amendments in this Part are to the Gas Corporation 5 (Business Disposal) Act 1999*. [* Act No. 58 of 1999.] 90. Section 3 amended Section 3 is amended in the definition of "acquire", "dispose of " and "entitled" by deleting "have in Chapter 6 of the 10 Corporations Law" and inserting instead -- " had in Chapter 6 of the Corporations Law as in force immediately before 13 March 2000 ". 15 91. Section 10 amended (1) Section 10(1)(a) is amended by deleting "incorporated" and inserting instead -- " taken to be registered ". (2) Section 10(2) is amended by deleting "under the Corporations 20 Law" and inserting instead -- " with the Australian Securities and Investments Commission ". 92. Section 12A inserted After section 12 the following section is inserted -- " 25 12A. Exclusion of Corporations legislation The following matters are declared to be excluded matters for the purposes of section 5F of the page 53 Corporations (Consequential Amendments) Bill 2001 Part 28 Gas Corporation (Business Disposal) Act 1999 s. 92 Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies -- (a) the constitution of the corporate vehicle to the 5 extent that it is governed by section 10; (b) alterations to the constitution of the corporate vehicle to the extent that they are governed by section 10; (c) resolutions of the corporate vehicle to the 10 extent that they are governed by section 10; (d) the acquisition or disposal of shares, or an interest in shares, in the corporate vehicle to the extent that the acquisition or disposal is governed by section 11 or 12. 15 ". page 54 Corporations (Consequential Amendments) Bill 2001 Grain Marketing Act 1975 Part 29 s. 93 Part 29 -- Grain Marketing Act 1975 93. The Act amended The amendments in this Part are to the Grain Marketing Act 1975*. 5 [* Reprinted as at 19 November 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 188.] 94. Section 13 amended Section 13(6) is amended as follows: 10 (a) by deleting "Corporations Law" in the first place that it occurs and inserting instead -- " Corporations Act 2001 of the Commonwealth "; (b) by deleting "the Corporations Law" in the second place that it occurs and inserting instead -- 15 " that Act ". 95. Section 19 amended Section 19(2)(b) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 55 Corporations (Consequential Amendments) Bill 2001 Part 30 Health Act 1911 s. 96 Part 30 -- Health Act 1911 96. Health Act 1911 amended Section 212B(1)(zd) of the Health Act 1911* is amended by deleting "within" and inserting instead -- 5 " , or taken to be registered (within the meaning of the Corporations Act 2001 of the Commonwealth), in ". 10 [* Reprinted as at 31 March 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 197.] page 56 Corporations (Consequential Amendments) Bill 2001 Housing Societies Act 1976 Part 31 s. 97 Part 31 -- Housing Societies Act 1976 97. The Act amended The amendments in this Part are to the Housing Societies Act 1976*. 5 [* On the commencement of the Building Societies Amendment Act 2001 the Building Societies Act 1976 will be renamed the Housing Societies Act 1976. The Building Societies Act 1976 was reprinted as approved 14 April 1986. For subsequent amendments to the Building Societies 10 Act 1976 see 2000 Index to Legislation of Western Australia, Table 1, p. 46.] 98. Section 5 amended (1) Section 5(1) is amended by inserting in the appropriate alphabetical position -- 15 " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; ". (2) Section 5(2) is amended by deleting "section 9 of the 20 Companies (Western Australia) Code as if the reference were in that Code" and inserting instead -- " Division 2 of Part 1.2 of the Corporations Act as if the reference were in that Act 25 ". page 57 Corporations (Consequential Amendments) Bill 2001 Part 31 Housing Societies Act 1976 s. 99 99. Section 5C inserted After section 5B the following section is inserted -- " 5C. Housing societies excluded from Corporations 5 legislation (1) The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation to which Part 1.1A of that Act 10 applies, other than the provisions specified in subsection (2) -- (a) a housing society; (b) any act or omission of any person, body or other entity in relation to a housing society. 15 (2) The provisions referred to in subsection (1) are -- (a) provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation; (b) provisions that relate to the role of a housing 20 society in the formation of a company; (c) provisions that relate to substantial holdings, by or involving a housing society, in a company; (d) provisions that confer or impose functions on a housing society as a member, or former 25 member, of a corporation; (e) provisions that relate to dealings by a housing society in securities of a body corporate, other than securities of the housing society itself; (f) provisions that confer or impose functions on a 30 housing society in its dealings with a corporation, not being dealings in securities of the housing society; page 58 Corporations (Consequential Amendments) Bill 2001 Housing Societies Act 1976 Part 31 s. 100 (g) provisions that relate to securities of a housing society, other than shares in, debentures of or deposits with a housing society; (h) provisions relating to the futures industry; 5 (i) provisions relating to participants in the securities industry; (j) provisions relating to the conduct of securities business; (k) provisions relating to dealers' accounts and 10 audit; (l) provisions relating to money and scrip of dealers' clients; or (m) provisions relating to registers of interests in securities. 15 (3) The provisions specified in subsection (2) only apply to a housing society to the extent to which a housing society may engage in the activities covered by those provisions. ". 20 100. Section 59 amended Section 59(3)(c) is amended by deleting paragraph (c) and "or" after it and inserting instead -- " (c) of any offence under -- 25 (i) section 108, 229, 555 or 556 of the Companies (Western Australia) Code, section 44 of the Companies (Acquisition of Shares) (Western Australia) Code or section 129 of the 30 Securities Industry (Western Australia) Code; page 59 Corporations (Consequential Amendments) Bill 2001 Part 31 Housing Societies Act 1976 s. 101 (ii) any provision of an equivalent law of another State or of a Territory of the Commonwealth that corresponds with any of the provisions in 5 subparagraph (i); (iii) any provision of a law of the State, of another State or of a Territory of the Commonwealth that was in effect before the provisions in subparagraph (i) and 10 that corresponds with any of the provisions in subparagraph (i); (iv) any provision of the Corporations Law that corresponds with any of the provisions in subparagraph (i); or 15 (v) any provision of the Corporations Act that corresponds with any of the provisions in subparagraph (i); (ca) of any offence under section 333(3) of the Companies Act 1961 as enacted before 20 25 November 1969, or under any of the corresponding provisions of the equivalent law of another State or Territory of the Commonwealth; or ". 25 101. Section 61 amended Section 61(4) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act ". 102. Section 66 amended 30 Section 66(4) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act ". page 60 Corporations (Consequential Amendments) Bill 2001 Housing Societies Act 1976 Part 31 s. 103 103. Heading to Part VIII amended The heading to Part VIII is amended by deleting "Official management" and inserting instead -- " External administration ". 5 104. Section 70 replaced Section 70 is repealed and the following section is inserted instead -- " 70. Receivers etc. 10 (1) A housing society is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Part 5.2 (Receivers, and other controllers, of property of corporations) of the 15 Corporations Act. (2) The following modifications to the text of Part 5.2 of the Corporations Act apply for the purposes of subsection (1) -- (a) a reference to a company is to be read as a 20 reference to a housing society; (b) a reference to ASIC is to be read as a reference to the Registrar; (c) a reference to the Court is to be read as a reference to the Supreme Court. 25 ". page 61 Corporations (Consequential Amendments) Bill 2001 Part 31 Housing Societies Act 1976 s. 105 105. Section 71 amended Section 71(2) is repealed and the following subsections are inserted instead -- " 5 (2) The winding up of a housing society, either voluntarily or by the court, is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Parts 5.4 to 5.6 (winding up) of the 10 Corporations Act. (2a) The following modifications to the text of Parts 5.4 to 5.6 of the Corporations Act apply for the purposes of subsection (2) -- (a) a reference to a company is to be read as a 15 reference to a housing society; (b) a reference to ASIC is to be read as a reference to the Registrar; (c) a reference to the Court is to be read as a reference to the Supreme Court; 20 (d) a reference to a liquidator includes a reference to the person appointed to be the liquidator under section 72. ". 106. Section 72 amended 25 Section 72 is amended by deleting "in the manner provided by the Companies (Western Australia) Code" and inserting instead -- " as provided for in Part 5.5 of the Corporations Act 30 (applying for the purposes of section 71(2)) ". page 62 Corporations (Consequential Amendments) Bill 2001 Human Reproductive Technology Act 1991 Part 32 s. 107 Part 32 -- Human Reproductive Technology Act 1991 107. The Act amended The amendments in this Part are to the Human Reproductive Technology Act 1991*. 5 [* Act No. 22 of 1991. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 206-7.] 108. Section 3 amended Section 3(1) is amended as follows: 10 (a) in the definition of "proprietary company" by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth "; (b) in paragraph (a) of the definition of "record" by deleting "accounting records (within the meaning of the 15 Corporations Law), document" and inserting instead -- " document, financial records (within the meaning of the Corporations Act 2001 of the Commonwealth) 20 "; (c) in the definition of "related body corporate" by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 109. Section 53 amended 25 Section 53(2) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 63 Corporations (Consequential Amendments) Bill 2001 Part 33 Industrial Relations Act 1979 s. 110 Part 33 -- Industrial Relations Act 1979 110. The Act amended The amendments in this Part are to the Industrial Relations Act 1979*. 5 [* Reprinted as at 4 February 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 213.] 111. Section 3 amended Section 3(2)(c) is deleted and the following paragraph is 10 inserted instead -- " (c) being a body corporate, is -- (i) registered, incorporated, or established under a law of the State; 15 (ii) taken to be registered in the State; or (iii) a related body corporate of such a body for the purposes of the Corporations Act 2001 of the Commonwealth; ". 20 112. Section 65 amended Section 65(a) is amended by deleting "section 18 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". 113. Section 96H amended 25 Section 96H(3) is amended by deleting "the Corporations Law" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". page 64 Corporations (Consequential Amendments) Bill 2001 Legal Contribution Trust Act 1967 Part 34 s. 114 Part 34 -- Legal Contribution Trust Act 1967 114. Legal Contribution Trust Act 1967 amended Section 53(1) of the Legal Contribution Trust Act 1967* is amended by deleting "section 9 of the Companies Act 1961" 5 and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". [* Reprinted as at 5 February 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 244.] page 65 Corporations (Consequential Amendments) Bill 2001 Part 35 Legal Practitioners Act 1893 s. 115 Part 35 -- Legal Practitioners Act 1893 115. The Act amended The amendments in this Part are to the Legal Practitioners Act 1893*. 5 [* Reprinted as at 27 November 1996. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 246.] 116. Section 38 amended Section 38(1) is amended by deleting "Corporations Law" and 10 inserting instead -- " Corporations Act 2001 of the Commonwealth ". 117. Section 40 amended Section 40(2) is repealed. 118. Section 42A amended 15 Section 42A(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 119. Schedule 2 amended Schedule 2 is amended as follows: 20 (a) in Part A clause 4(1)(a) by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth "; (b) in Part C clause 3(1)(b)(i) by deleting "Corporations Law" and inserting instead -- 25 " Corporations Act 2001 of the Commonwealth ". page 66 Corporations (Consequential Amendments) Bill 2001 Local Government Act 1995 Part 36 s. 120 Part 36 -- Local Government Act 1995 120. The Act amended The amendments in this Part are to the Local Government Act 1995*. 5 [* Reprinted as at 18 February 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 257.] 121. Section 2.21 amended Section 2.21 is amended by deleting "Corporations Law" and 10 inserting instead -- " Corporations Act 2001 of the Commonwealth ". 122. Section 5.74 amended (1) Section 5.74(1) is amended as follows: (a) in paragraph (b) of the definition of "address" by 15 inserting after "incorporated" -- " or taken to be registered "; (b) in the definition of "corporation" by deleting " "company", "foreign company" or "recognized company" (as those terms are defined in the 20 Corporations Law)" and inserting instead -- " "company" or "foreign company" (as those terms are defined in the Corporations Act 2001 of the Commonwealth) 25 ". (2) Section 5.74(2) is amended by inserting after "incorporated" -- " (or taken to be registered) ". page 67 Corporations (Consequential Amendments) Bill 2001 Part 36 Local Government Act 1995 s. 123 (3) Section 5.74(3) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 123. Section 5.84 amended 5 Section 5.84(2) is repealed and the following subsection is inserted instead -- " (2) In this section -- "interest" means a relevant interest (as defined in the 10 Corporations Act 2001 of the Commonwealth) in any securities (as defined in that Act) issued or made available by the corporation. ". 124. Section 7.1 amended 15 Section 7.1 is amended in the definition of "registered company auditor" by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 68 Corporations (Consequential Amendments) Bill 2001 Members of Parliament (Financial Interests) Act 1992 Part 37 s. 125 Part 37 -- Members of Parliament (Financial Interests) Act 1992 125. The Act amended The amendments in this Part are to the Members of Parliament 5 (Financial Interests) Act 1992*. [* Act No. 44 of 1992. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 276.] 126. Section 3 amended 10 (1) Section 3(1) is amended as follows: (a) in paragraph (b) of the definition of "address" by inserting after "incorporated" -- " or taken to be registered "; (b) in the definition of "corporation" by deleting 15 " "company", "foreign company" or "recognized company" (as those terms are defined in the Corporations Law)" and inserting instead -- " "company" or "foreign company" (as those terms 20 are defined in the Corporations Act 2001 of the Commonwealth) ". (2) Section 3(3) is amended by inserting after "incorporated" -- " (or taken to be registered) ". 25 (3) Section 3(4) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 69 Corporations (Consequential Amendments) Bill 2001 Part 37 Members of Parliament (Financial Interests) Act 1992 s. 127 127. Section 11 amended Section 11(2) is amended by deleting "(as defined in the Corporations Law) in any securities (as defined in the Corporations Law)" and inserting instead -- 5 " (as defined in the Corporations Act 2001 of the Commonwealth) in any securities (as defined in that Act) ". page 70 Corporations (Consequential Amendments) Bill 2001 Mental Health Act 1996 Part 38 s. 128 Part 38 -- Mental Health Act 1996 128. Mental Health Act 1996 amended Section 193 of the Mental Health Act 1996* is amended as follows: 5 (a) in the definition of "relevant interest" by deleting "Division 5 of Part 1.2 of the Corporations Law" and inserting instead -- " the Corporations Act 2001 of the Commonwealth 10 "; (b) by deleting the definition of "substantial shareholding" and inserting instead -- " "substantial shareholding" means "substantial 15 holding" within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth. ". [* Act No. 68 of 1996. For subsequent amendments see 2000 Index to Legislation of 20 Western Australia, Table 1, p. 276.] page 71 Corporations (Consequential Amendments) Bill 2001 Part 39 Mining Act 1978 s. 129 Part 39 -- Mining Act 1978 129. The Act amended The amendments in this Part are to the Mining Act 1978*. [* Reprinted as at 26 July 1999. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 295.] 130. Section 8 amended Section 8(1) is amended as follows: (a) by inserting in the appropriate alphabetical position -- 10 " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; (b) in the definition of "listed public company" by deleting 15 "Corporations Law" and inserting instead -- " Corporations Act ". 131. Section 56A amended Section 56A(7a) is amended by deleting "Corporations Law" and inserting instead -- 20 " Corporations Act ". 132. Section 64 amended Section 64(1)(a)(ii) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 72 Corporations (Consequential Amendments) Bill 2001 Mining Act 1978 Part 39 s. 133 133. Section 70 amended Section 70(7a) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 134. Section 85B amended Section 85B(6) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 135. Section 101 amended 10 (1) Section 101 is amended by inserting before "An application" the subsection designation "(1)". (2) At the end of section 101 the following subsection is inserted -- " (2) The following matter is declared to be an excluded 15 matter for the purposes of section 5F of the Corporations Act in relation to section 417B of that Act -- an application under section 96 or 98 for the forfeiture of a mining tenement for breach of the prescribed expenditure conditions applicable to the 20 tenement while the holder of the tenement is a company in respect of which a winding order has been made, or a provisional liquidator appointed, under the Corporations Act. ". 25 136. Section 109A amended Section 109A(2)(a)(i) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 73 Corporations (Consequential Amendments) Bill 2001 Part 40 National Rail Corporation Agreement Act 1992 s. 137 Part 40 -- National Rail Corporation Agreement Act 1992 137. National Rail Corporation Agreement Act 1992 amended Section 15(2)(c) of the National Rail Corporation Agreement 5 Act 1992* is amended by deleting "(for example, the purposes of the Corporations Law)". [* Act No. 56 of 1992. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 306.] page 74 Corporations (Consequential Amendments) Bill 2001 Nurses Act 1992 Part 41 s. 138 Part 41 -- Nurses Act 1992 138. The Act amended The amendments in this Part are to the Nurses Act 1992*. [* Reprinted as at 18 May 1994. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 310.] 139. Section 56 amended Section 56 is amended by deleting "(as defined in paragraph (b) of the definition of that term in the Corporations Law)" and 10 inserting instead -- " (as defined in paragraph (a) of the definition of that term in the Corporations Act 2001 of the Commonwealth) 15 ". 140. Schedule 1 amended Schedule 1 clause 2(2)(b) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 75 Corporations (Consequential Amendments) Bill 2001 Part 42 Osteopaths Act 1997 s. 141 Part 42 -- Osteopaths Act 1997 141. The Act amended The amendments in this Part are to the Osteopaths Act 1997*. [* Act No. 58 of 1997. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 315.] 142. Section 3 amended Section 3 is amended by inserting in the appropriate alphabetical position -- 10 " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; ". 143. Section 38 amended 15 Section 38(2) is amended by deleting "Corporations Law" in both places where it occurs and inserting instead -- " Corporations Act ". 144. Section 43 amended Section 43 is amended by deleting "(as defined in paragraph (b) 20 of the definition of that term in the Corporations Law)" and inserting instead -- " (as defined in paragraph (a) of the definition of that term in the Corporations Act) 25 ". page 76 Corporations (Consequential Amendments) Bill 2001 Osteopaths Act 1997 Part 42 s. 145 145. Section 92 amended Section 92(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 146. Schedule 1 amended Schedule 1 clause 4(3)(b) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 147. Schedule 2 amended 10 Schedule 2 is amended as follows: (a) in clause 5 by deleting "(as defined in the Corporations Law) in any securities (as defined in the Corporations Law)" and inserting instead -- " 15 (as defined in the Corporations Act) in any securities (as defined in that Act) "; (b) in clause 8 by deleting "Corporations Law" and inserting instead -- 20 " Corporations Act ". page 77 Corporations (Consequential Amendments) Bill 2001 Part 43 Pay-roll Tax Assessment Act 1971 s. 148 Part 43 -- Pay-roll Tax Assessment Act 1971 148. The Act amended The amendments in this Part are to the Pay-roll Tax Assessment Act 1971*. 5 [* Reprinted as at 12 November 1996. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 329.] 149. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; 15 (b) by deleting the definition of "corporation" and inserting instead -- " "corporation" has the meaning given by section 57A of the Corporations Act; 20 "; (c) in the definition of "voting share" by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 150. Section 16B amended 25 Section 16B is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 78 Corporations (Consequential Amendments) Bill 2001 Pay-roll Tax Assessment Act 1971 Part 43 s. 151 151. Section 16D amended Section 16D(4) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 152. Section 16H amended Section 16H(3) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 153. Section 25 amended 10 Section 25(7) is repealed and the following subsections are inserted instead -- " (7) The provisions of this section do not limit the liability of a liquidator under section 42 or his liability, as a 15 trustee, under Part IVA. (7a) The notice requirements imposed on a liquidator by this section are in addition to the provisions of the Corporations Act. ". 20 154. Section 47 amended Section 47(3) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 79 Corporations (Consequential Amendments) Bill 2001 Part 44 Perth International Centre for Application of Solar Energy Act 1994 s. 155 Part 44 -- Perth International Centre for Application of Solar Energy Act 1994 155. Perth International Centre for Application of Solar Energy Act 1994 amended 5 Schedule 1 of the Perth International Centre for Application of Solar Energy Act 1994* is amended as follows: (a) in Part A clause 2(b) by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth "; 10 (b) in Part B clause 2(3)(a) by deleting "(not being a substantial shareholding within the meaning of Part 6.7 of the Corporations Law) in a public company as defined by that Law" and inserting instead -- " 15 (not being a substantial holding within the meaning of the Corporations Act 2001 of the Commonwealth) in a public company as defined by that Act ". 20 [* Act No. 36 of 1994.] page 80 Corporations (Consequential Amendments) Bill 2001 Port Authorities Act 1999 Part 45 s. 156 Part 45 -- Port Authorities Act 1999 156. The Act amended The amendments in this Part are to the Port Authorities Act 1999*. 5 [* Act No. 22 of 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 353 and Act No. 43 of 2000.] 157. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; 15 (b) in paragraph (a) of the definition of "subsidiary" by deleting "Corporations Law" in both places where it occurs and inserting instead -- " Corporations Act ". 158. Section 87 amended 20 Section 87(1)(a)(xi) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 81 Corporations (Consequential Amendments) Bill 2001 Part 45 Port Authorities Act 1999 s. 159 159. Section 91 amended Section 91(3) and (4) are repealed and the following subsections are inserted instead -- " 5 (3) If -- (a) a provision of Schedule 5 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 10 Corporations Act); or (ii) the Corporations Act, does not accurately reflect the corresponding provision of the Corporations Act; (b) the Corporations Act does not contain a 15 provision that corresponds to a provision of Schedule 5 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 20 Corporations Act); or (ii) the Corporations Act; or (c) the Corporations Act contains a provision relating to a matter provided for by Schedule 5, the 25 substance of which is not set out in Schedule 5, the Minister may recommend to the Governor, as soon as practicable after the circumstance in paragraph (a), (b) or (c) arises, that regulations be made under subsection (2). 30 (4) The regulations are to be in such form that Schedule 5 as amended will, in the opinion of the Minister, be substantially the same as the corresponding provisions page 82 Corporations (Consequential Amendments) Bill 2001 Port Authorities Act 1999 Part 45 s. 160 of the Corporations Act, but with such modifications as are consistent with the policy of this Act. ". 160. Schedule 3 amended 5 Schedule 3 clause 1(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 161. Schedule 5 amended Schedule 5 is amended as follows: 10 (a) in clause 1(1) by inserting in the appropriate alphabetical position -- " "accounting records" means financial records within the meaning of the Corporations Act; 15 "; (b) in clause 1(1) in the definition of "Board" by deleting "established under Part 12 of the Australian Securities and Investments Commission Act 1989" and inserting instead -- 20 " referred to in section 226 of the Australian Securities and Investments Commission Act 2001 "; (c) in clause 1(1) in the definition of "Commission" by 25 deleting "established under Part 2 of the Australian Securities and Investments Commission Act 1989" and inserting instead -- " referred to in section 8 of the Australian Securities and 30 Investments Commission Act 2001 "; page 83 Corporations (Consequential Amendments) Bill 2001 Part 45 Port Authorities Act 1999 s. 161 (d) in clause 1(1) in the definition of "regulations" by deleting "Corporations Law" and inserting instead -- " Corporations Act "; (e) in clause 1(2) by deleting " "accounting records"," and 5 " "applicable accounting standards","; (f) in clauses 1(2), 2, 4(2), 5(1) and (2), and 18 by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 84 Corporations (Consequential Amendments) Bill 2001 Rail Freight System Act 2000 Part 46 s. 162 Part 46 -- Rail Freight System Act 2000 162. The Act amended The amendments in this Part are to the Rail Freight System Act 2000*. 5 [* Act No. 13 of 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 375.] 163. Section 12 amended (1) Section 12(5) is amended by deleting "Corporations Law" and 10 inserting instead -- " Corporations Act 2001 of the Commonwealth ". (2) Section 12(10) is amended as follows: (a) in the definition of "company" by deleting "Corporations Law" and inserting instead -- 15 " Corporations Act 2001 of the Commonwealth "; (b) in the definition of "director" by deleting "given by section 60 of the Corporations Law" and inserting 20 instead -- " given by section 9 of the Corporations Act 2001 of the Commonwealth ". page 85 Corporations (Consequential Amendments) Bill 2001 Part 47 Security and Related Activities (Control) Act 1996 s. 164 Part 47 -- Security and Related Activities (Control) Act 1996 164. Security and Related Activities (Control) Act 1996 amended Section 56(d) of the Security and Related Activities (Control) 5 Act 1996* is amended by deleting "substantial shareholding, within the meaning in Part 6.7 of the Corporations Law" and inserting instead -- " substantial holding within the meaning in the 10 Corporations Act 2001 of the Commonwealth ". [* Act No. 27 of 1996.] page 86 Corporations (Consequential Amendments) Bill 2001 Stamp Act 1921 Part 48 s. 165 Part 48 -- Stamp Act 1921 165. The Act amended The amendments in this Part are to the Stamp Act 1921*. [* Reprinted as at 22 October 1999. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 424.] 166. Section 4 amended Section 4(1) is amended as follows: (a) in the definitions of "corporation", "director", "foreign 10 company" and "related corporation" by deleting "Corporations Law" and inserting instead -- " Corporations Act "; (b) by inserting in the appropriate alphabetical position -- " 15 "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; (c) by deleting the definition of "WA company" and inserting instead -- 20 " "WA company" means a company within the meaning of the Corporations Act that is taken to be registered in Western Australia. ". 25 167. Section 63 amended (1) Section 63(2) is amended as follows: (a) in subparagraph (a)(i) by deleting "(sic)"; page 87 Corporations (Consequential Amendments) Bill 2001 Part 48 Stamp Act 1921 s. 168 (b) in subparagraph (a)(i) by deleting "applies" and inserting instead -- " applied ". (2) Section 63(2)(a)(ii) and (4)(a)(i) are amended by deleting 5 "Corporations Law" and inserting instead -- " Corporations Act ". 168. Section 73E amended Section 73E(1) is amended as follows: (a) in the definition of "officer" by deleting "Corporations 10 Law" and inserting instead -- " Corporations Act "; (b) in the definition of "stock exchange" by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 15 169. Section 74A amended Section 74A(3)(e)(iv) is deleted and the following subparagraph is inserted instead -- " (iv) a person who has a substantial holding 20 (as defined in the Corporations Act) in a person referred to in subparagraph (i), (ii) or (iii), ". 170. Section 75J amended 25 Section 75J(1) is amended in the definition of "dormant" by deleting "same definition as in the Corporations Law" and inserting instead -- " meaning given by section 75JAA ". page 88 Corporations (Consequential Amendments) Bill 2001 Stamp Act 1921 Part 48 s. 171 171. Section 75JAA inserted After section 75J the following section is inserted -- " 75JAA. Meaning of dormant body corporate 5 A body corporate is dormant throughout a particular period if, and only if, throughout that period the body -- (a) did not receive or become entitled to any income or incur or become liable for any 10 expenditure; (b) did not purchase, sell or supply any goods or other property, or any services, or enter into any agreement or pass any resolution in relation to the purchase, sale or supply of goods or other 15 property, or services; (c) did not issue, sell, purchase or make available any securities, or enter into any agreement or pass any resolution in relation to the issue, sale, purchase or making available of securities; 20 (d) did not issue a prospectus or statement, or enter into any agreement or pass any resolution in relation to the issue of a prospectus or statement, in connection with the issue, sale, purchase or making available, or the proposed 25 issue, sale, purchase or making available, of any securities; (e) did not take part in any research, development or exploration activities, or enter into any agreement or pass any resolution in relation to 30 taking part in research, development or exploration activities; page 89 Corporations (Consequential Amendments) Bill 2001 Part 48 Stamp Act 1921 s. 172 (f) was not, and did not become, a party to any lease, franchise, joint venture or partnership arrangement, and did not take part in any lease, franchise, joint venture or partnership 5 arrangement, or enter into any agreement or pass any resolution in relation to becoming a party to, or taking part in, any lease, franchise, joint venture or partnership arrangement; (g) did not make, receive or guarantee any loan, or 10 enter into any agreement or pass any resolution in relation to making, receiving or guaranteeing a loan; (h) was not, and did not become, a party to any underwriting agreement and did not enter into 15 any agreement or pass any resolution in relation to becoming a party to any underwriting agreement; (i) did not obtain or receive a grant of any licence or other authority, or make any application or 20 pass any resolution in relation to obtaining a licence or other authority; and (j) was not, and did not become, a party to any litigation or negotiations with any other person or body. 25 ". 172. Sections 75JE and 75JF amended Sections 75JE(1)(e)(i) and (ii) and 75JF(1)(e)(i) and (ii) are amended by deleting "Corporations Law" and inserting instead -- 30 " Corporations Act ". page 90 Corporations (Consequential Amendments) Bill 2001 Stamp Act 1921 Part 48 s. 173 173. Section 75JG amended Section 75JG(1)(b) and (2) are amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 174. Section 76 amended (1) Section 76(1) is amended as follows: (a) in item (b)(iii)(III) of the definition of "acquire" by deleting "or a conversion of shares to which section 112HB applies"; 10 (b) in the definitions of "acquire" and "rules" by deleting "Corporations Law" in each place where it occurs and inserting instead -- " Corporations Act ". (2) Section 76(4)(c) is amended by deleting "Corporations Law" 15 and inserting instead -- " Corporations Act ". 175. Heading to Part IIIBA Division 2 amended The heading to Part IIIBA Division 2 is amended by deleting "incorporated" and inserting instead -- 20 " taken to be registered ". 176. Section 76AI amended Section 76AI(3)(d) and (4)(a) are amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 91 Corporations (Consequential Amendments) Bill 2001 Part 48 Stamp Act 1921 s. 177 177. Heading to Part IIIBA Division 3 replaced The heading to Part IIIBA Division 3 is repealed and the following heading is inserted instead -- " 5 Division 3 -- Corporations incorporated, or taken to be registered, outside the State, and certain other companies not within Division 2 ". 178. Section 76AP amended 10 (1) Section 76AP(1)(a)(i) is amended by inserting after "body corporate" in the first place that it occurs -- " that is taken to be registered outside the State (for the purposes of the 15 Corporations Act) or that is otherwise ". (2) Section 76AP(4) is amended as follows: (a) in subparagraph (b)(i) by deleting "Corporations Law" and inserting instead -- 20 " Corporations Act "; (b) in subparagraph (c)(i) by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 179. Section 76AR amended 25 Section 76AR(4)(a)(i) and (ii) are amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 92 Corporations (Consequential Amendments) Bill 2001 Stamp Act 1921 Part 48 s. 180 180. Section 112AB amended Section 112AB(2) is amended in paragraph (b) of the definition of "share buy-back" by deleting "Corporations Law" and inserting instead -- 5 " Corporations Act ". 181. Section 112B amended (1) Section 112B(1)(a) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 10 (2) Section 112B(3) is amended as follows: (a) by deleting "Corporations Law" in the first place where it occurs and inserting instead -- " Corporations Act "; (b) by deleting "incorporated under the Corporations Law 15 of another State or Territory" and inserting instead -- " taken to be registered under the Corporations Act in another State or Territory ". 20 (3) Section 112B(5)(b) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 182. Section 112FR amended Section 112FR is amended by deleting "Part 2.5 of the 25 Corporations Law" and inserting instead -- " Chapter 2C of the Corporations Act ". page 93 Corporations (Consequential Amendments) Bill 2001 Part 48 Stamp Act 1921 s. 183 183. Section 112H amended (1) Section 112H(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 5 (2) Section 112H(2) is amended by deleting "under section 609 of the Corporations Law the person is entitled to the share" and inserting instead -- " the person has a relevant interest in the share within the 10 meaning of the Corporations Act ". 184. Section 112HA amended (1) Section 112HA(1) and (2)(b) are amended by deleting ", under section 195 of the Corporations Law,". 15 (2) Section 112HA(5) is repealed and the following subsection is inserted instead -- " (5) The statement is to be in a form approved by the Commissioner and is to be lodged within 3 months 20 after the date when the capital reduction or the share cancellation has effect (as the case requires). ". 185. Section 112HB repealed Section 112HB is repealed. 25 186. Section 112UE amended (1) Section 112UE(1) is amended as follows: (a) by deleting "(sic)"; (b) by deleting "applies" and inserting instead -- " applied ". 30 (2) Section 112UE(4)(a) is amended by deleting "(sic)". page 94 Corporations (Consequential Amendments) Bill 2001 Stamp Act 1921 Part 48 s. 187 187. Third Schedule amended The Third Schedule item 7(7) is amended by deleting paragraph (a) and "or" after it and inserting instead -- " 5 (a) a corporation which is -- (i) an Australian ADI (within the meaning of the Corporations Act); or (ii) registered under the Life Insurance Act 1995 of the Commonwealth; 10 or ". page 95 Corporations (Consequential Amendments) Bill 2001 Part 49 Strata Titles Act 1985 s. 188 Part 49 -- Strata Titles Act 1985 188. The Act amended The amendments in this Part are to the Strata Titles Act 1985*. [* Reprinted as at 1 July 1999. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 433.] 189. Section 32 amended (1) Section 32(3) is amended as follows: (a) after paragraph (b) by inserting -- 10 " and "; (b) by deleting paragraph (c) and "and" after it. (2) After section 32(3) the following subsection is inserted -- " (4) The following matters are declared to be excluded 15 matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies -- (a) a strata company; 20 (b) any act or omission of any person, body or other entity in relation to a strata company. ". page 96 Corporations (Consequential Amendments) Bill 2001 Taxation (Reciprocal Powers) Act 1989 Part 50 s. 190 Part 50 -- Taxation (Reciprocal Powers) Act 1989 190. Taxation (Reciprocal Powers) Act 1989 amended Section 3(1) of the Taxation (Reciprocal Powers) Act 1989* is amended in the definition of "books" by deleting "accounting 5 records (within the meaning of the Companies (Western Australia) Code)" and inserting instead -- " financial records (within the meaning of the Corporations Act 2001 of the Commonwealth) 10 ". [* Act No. 18 of 1989. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 445.] page 97 Corporations (Consequential Amendments) Bill 2001 Part 51 The Partnership Act 1895 s. 191 Part 51 -- The Partnership Act 1895 191. The Act amended The amendments in this Part are to The Partnership Act 1895*. [* Reprinted as at 26 July 1985. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 326.] 192. Section 4 amended Section 4(a) is amended by deleting "under "The Companies Act 1893" " and inserting instead -- 10 " under the Corporations Act 2001 of the Commonwealth ". 193. Section 11 amended Section 11 is amended by deleting all of the section after "persons" and inserting instead -- " 15 not exceeding 20 (except if regulations under section 115(2) of the Corporations Act 2001 of the Commonwealth apply to the firm). ". page 98 Corporations (Consequential Amendments) Bill 2001 Totalisator Agency Board Betting Act 1960 Part 52 s. 194 Part 52 -- Totalisator Agency Board Betting Act 1960 194. The Act amended The amendments in this Part are to the Totalisator Agency Board Betting Act 1960*. 5 [* Reprinted as at 2 December 1996. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 451.] 195. Section 6 amended Section 6(4)(a) is amended by deleting "Corporations Law" and 10 inserting instead -- " Corporations Act 2001 of the Commonwealth ". 196. Sections 27 and 27A amended Sections 27(3) and 27A(4) are amended by deleting the definition of "corporation" and inserting instead -- 15 " "corporation" means any body corporate, whether formed or incorporated within or outside the State, including any "company" or "foreign company" (as those terms are defined in the Corporations 20 Act 2001 of the Commonwealth) but does not include -- (a) a body corporate that is a public authority or an instrumentality or agency of the Crown; or 25 (b) a body corporate formed for a public purpose under a written law of another country. ". page 99 Corporations (Consequential Amendments) Bill 2001 Part 53 Trustee Companies Act 1987 s. 197 Part 53 -- Trustee Companies Act 1987 197. The Act amended The amendments in this Part are to the Trustee Companies Act 1987*. 5 [* Reprinted as at 1 November 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 464.] 198. Section 3 amended (1) Section 3(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; 15 (b) in the definitions of "registered company auditor", "related body corporate" and "voting share" by deleting "Corporations Law" and inserting instead -- " Corporations Act ". (2) Section 3(3) is amended by deleting "Corporations Law, the 20 person would be an associate of the other person for the purposes of the Corporations Law" and inserting instead -- " Corporations Act, the person is an associate of the other person for the purposes of that Act 25 ". page 100 Corporations (Consequential Amendments) Bill 2001 Trustee Companies Act 1987 Part 53 s. 199 (3) Section 3(6)(b) is amended by deleting all of the paragraph after "by reason of " and inserting instead -- " sections 608 and 609 of the Corporations Act, 5 the person has a relevant interest in that share for the purposes of that Act. ". (4) Section 3(8) is amended by deleting "Corporations Law" and inserting instead -- 10 " Corporations Act ". 199. Section 21 amended Section 21(1) is amended by deleting "Division 5 of Part 7.12 of the Corporations Law" and inserting instead -- " Chapter 5C of the Corporations Act ". 15 200. Section 29 amended (1) Section 29(1) is amended by deleting "in the Corporations Law or". (2) After subsection (3) the following subsection is inserted -- " 20 (4) The acceptance of deposits of money with, or loans of money to, trustee companies as described in subsection (1) is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to the whole of that Act. 25 ". 201. Section 34 amended Section 34(1) is amended by deleting "Without prejudice to the obligations imposed with respect to audit by the Corporations Law," and inserting instead -- page 101 Corporations (Consequential Amendments) Bill 2001 Part 53 Trustee Companies Act 1987 s. 202 " In addition to the obligations imposed with respect to audit by the Corporations Act, ". 5 202. Section 35 amended Section 35(7) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 203. Section 36 amended 10 Section 36 is amended as follows: (a) by deleting "Corporations Law" and inserting instead -- " Corporations Act "; (b) by deleting paragraph (a) and inserting instead -- " 15 (a) that is an acquisition of shares to or in relation to which section 606 of that Act does not apply by reason of item 4, 6, 8, 12, 13, 14, 15, 16, 17 or 18 of the table in section 611 of that Act; ". page 102 Corporations (Consequential Amendments) Bill 2001 Water Corporation Act 1995 Part 54 s. 204 Part 54 -- Water Corporation Act 1995 204. The Act amended The amendments in this Part are to the Water Corporation Act 1995*. 5 [* Act No. 70 of 1995. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 481.] 205. Section 3 amended Section 3 is amended as follows: 10 (a) by inserting in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "; 15 (b) in paragraph (a) of the definition of "subsidiary" by deleting "Corporations Law" in both places where it occurs and inserting instead -- " Corporations Act ". 206. Section 82 amended 20 Section 82(1)(a)(xi) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 103 Corporations (Consequential Amendments) Bill 2001 Part 54 Water Corporation Act 1995 s. 207 207. Section 86 amended Section 86(3) and (4) are repealed and the following subsections are inserted instead -- " 5 (3) If -- (a) a provision of Schedule 3 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 10 Corporations Act); or (ii) the Corporations Act, does not accurately reflect the corresponding provision of the Corporations Act; (b) the Corporations Act does not contain a 15 provision that corresponds to a provision of Schedule 3 that set out the substance of a provision of -- (i) the Corporations Law (as in force at any time before the commencement of the 20 Corporations Act); or (ii) the Corporations Act; or (c) the Corporations Act contains a provision relating to a matter provided for by Schedule 3, the 25 substance of which is not set out in Schedule 3, the Minister may recommend to the Governor, as soon as practicable after the circumstance in paragraph (a), (b) or (c) arises, that regulations be made under subsection (2). 30 (4) The regulations are to be in such form that Schedule 3 as amended will, in the opinion of the Minister, be substantially the same as the corresponding provisions page 104 Corporations (Consequential Amendments) Bill 2001 Water Corporation Act 1995 Part 54 s. 208 of the Corporations Act, but with such modifications as are consistent with the policy of this Act. ". 208. Schedule 2 amended 5 Schedule 2 clause 6(1) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act ". 209. Schedule 3 amended Schedule 3 is amended as follows: 10 (a) in clause 1(1) by inserting in the appropriate alphabetical position -- " "accounting records" means financial records within the meaning of the Corporations Act; 15 "; (b) in clause 1(1) in the definition of "Board" by deleting "established under Part 12 of the Australian Securities and Investments Commission Act 1989" and inserting instead -- 20 " referred to in section 226 of the Australian Securities and Investments Commission Act 2001 "; (c) in clause 1(1) in the definition of "Commission" by 25 deleting "established under Part 2 of the Australian Securities and Investments Commission Act 1989" and inserting instead -- " referred to in section 8 of the Australian Securities and 30 Investments Commission Act 2001 "; page 105 Corporations (Consequential Amendments) Bill 2001 Part 54 Water Corporation Act 1995 s. 209 (d) in clause 1(1) in the definition of "regulations" by deleting "Corporations Law" and inserting instead -- " Corporations Act "; (e) in clause 1(2) by deleting " "accounting records"," and 5 " "applicable accounting standards","; (f) in clauses 1(2), 2, 4(2), 5(1) and (2), 18 and 30(2)(a) by deleting "Corporations Law" and inserting instead -- " Corporations Act ". page 106 Corporations (Consequential Amendments) Bill 2001 Western Australian Land Authority Act 1992 Part 55 s. 210 Part 55 -- Western Australian Land Authority Act 1992 210. The Act amended The amendments in this Part are to the Western Australian Land Authority Act 1992*. 5 [* Reprinted as at 16 April 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 490.] 211. Section 22 amended Section 22(1)(a)(ii) is amended by deleting "Corporations Law" 10 and inserting instead -- " Corporations Act 2001 of the Commonwealth ". 212. Schedule 1 amended Schedule 1 is amended as follows: (a) in Part A clause 2(b) by deleting "Corporations Law" 15 and inserting instead -- " Corporations Act 2001 of the Commonwealth "; (b) in Part B clause 2(3)(a) by deleting "(not being a substantial shareholding within the meaning of Division 4 of Part 6.7 of the Corporations Law)" and 20 inserting instead -- " (not being a substantial holding within the meaning of the Corporations Act 2001 of the Commonwealth) ". page 107 Corporations (Consequential Amendments) Bill 2001 Part 56 Western Australian Treasury Corporation Act 1986 s. 213 Part 56 -- Western Australian Treasury Corporation Act 1986 213. The Act amended The amendments in this Part are to the Western Australian 5 Treasury Corporation Act 1986*. [* Reprinted as at 5 January 2001.] 214. Section 10 amended Section 10(2)(fa)(xi) is amended by deleting "Corporations Law" and inserting instead -- 10 " Corporations Act 2001 of the Commonwealth ". 215. Schedule 1 amended Schedule 1 item 2 is amended by deleting "section 5 of the Companies (Western Australia) Code" and inserting instead -- " 15 section 9 of the Corporations Act 2001 of the Commonwealth ". 216. Schedule 2 amended Schedule 2 clause 2(1)(b) is amended by deleting "Corporations 20 Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 108 Corporations (Consequential Amendments) Bill 2001 Workers' Compensation and Rehabilitation Act 1981 Part 57 s. 217 Part 57 -- Workers' Compensation and Rehabilitation Act 1981 217. The Act amended The amendments in this Part are to the Workers' Compensation 5 and Rehabilitation Act 1981*. [* Reprinted as at 29 January 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 503.] 218. Section 5 amended 10 Section 5(1) is amended by deleting the definition of "company" and inserting instead -- " "company" means a company or a registered body within the meaning of the Corporations Act 2001 15 of the Commonwealth, other than a registered body specified, or of a kind specified, in the regulations; ". 219. Section 175B amended 20 Section 175B(2) is amended by deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 109 Corporations (Consequential Amendments) Bill 2001 Part 58 Minor changes to other Acts s. 220 Part 58 -- Minor changes to other Acts 220. Changing "Corporations Law" to "Corporations Act 2001 of the Commonwealth" in various Acts Each provision listed in the Table to this section is amended by 5 deleting "Corporations Law" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". Table Bank Mergers Act 1997 s. 3 (definition of "bank") Botanic Gardens and Parks Authority Sch. 1 cl. 2(1)(b) Act 1998 Caravan Parks and Camping Grounds Sch. 1 cl. 4(1)(b) Act 1995 Casino Control Act 1984 s. 3(1) (definition of "public company") Commercial Tenancy (Retail Shops) s. 12(1a)(e) Agreements Act 1985 s. 12A(3)(c)(iii) s. 12B(3)(c)(iii) Country Housing Act 1998 Sch. 1 cl. 2(2)(c) Curriculum Council Act 1997 Sch. 1 cl. 2(1)(b) Disability Services Act 1993 Sch. 3 cl. 1(2)(c) Sch. 5 cl. 1(2)(c) Electoral Act 1907 s. 175A(5)(b) Energy Coordination Act 1994 s. 11ZE(1)(c) Exotic Diseases of Animals Act 1993 s. 52 s. 58(4)(a) Fines, Penalties and Infringement Notices s. 96(3)(c) Enforcement Act 1994 Fire and Emergency Services Authority of Sch. 1 cl. 2(1)(c) Western Australia Act 1998 page 110 Corporations (Consequential Amendments) Bill 2001 Minor changes to other Acts Part 58 s. 220 Firearms Act 1973 s. 21B(3) Sch. 2 cl. 2(3)(b) Fish Resources Management Act 1994 s. 204(3) Sch. 1 cl. 3(2)(b) Fisheries Adjustment Schemes Act 1987 s. 18(2) Forest Products Act 2000 Sch. 1 cl. 4(1)(c) Sch. 2 cl. 4(e) Gas Pipelines Access (Western Australia) s. 54(2)(c) Act 1998 Sch. 1 cl. 13(7) Home Building Contracts Act 1991 s. 21(6) s. 25A (definition of "insolvency", paragraphs (a) and (b)) s. 30(2) Industry and Technology Development Sch. 1 cl. 2(1)(b) Act 1998
and Administration Act 1997 s. 93 (definition of "company") s. 261(1) (3 places) s. 274(2)(d)(i) and (ii)
and Tax Assessment Act 1976 Sch cl. 9(aa)(i) and cl. 12(a)(ii)(II) and (III)
iquor Licensing Act 1988 s. 3 (definitions of "proprietary company" and "related body corporate") s. 34(2)(a)(iv) s. 86(5) and (6) s. 164(2) Marketing of Potatoes Act 1946 s. 13(c) s. 41A(3) Pawnbrokers and Second-hand Dealers s. 19(i)(i) and (ii) Act 1994 page 111 Corporations (Consequential Amendments) Bill 2001 Part 58 Minor changes to other Acts s. 221 Port Kennedy Development Agreement Sch. 2 cl. 2(2)(b) Act 1992 Rail Safety Act 1998 s. 55(6) Real Estate and Business Agents Act 1978 s. 72(1) and (2) s. 100A(2)(c)(ii) Regional Development Commissions Sch. 2 Part 1 cl. 2(2)(b) Act 1993 Residential Tenancies Act 1987 s. 29A(2)(c)(ii) Retirement Villages Act 1992 s. 30(2)(b) s. 79(2) Rural Business Development Corporation Sch. 1 cl. 2(1)(c) Act 2000 Settlement Agents Act 1981 s. 53(1) and (2) s. 81A(2)(c)(ii) SGIO Privatisation Act 1992 s. 2(1) State Superannuation Act 2000 Sch. 1 cl. 6(1)(c) State Supply Commission Act 1991 s. 26D(1) and (3) Statutory Corporations (Liability of s. 5(1) Directors) Act 1996 Transfer of Land Act 1893 s. 240(2)(d)(i) and (ii) Water and Rivers Commission Act 1995 Sch. 1 cl. 2(1)(b) Water Services Coordination Act 1995 s. 42(1)(b) 221. Changing "Companies (Western Australia) Code" to "Corporations Act 2001 of the Commonwealth" in various Acts Each provision listed in the Table to this section is amended by deleting "Companies (Western Australia) Code" and inserting 5 instead -- " Corporations Act 2001 of the Commonwealth ". Table Declarations and Attestations Act 1913 Sch. item 17 Finance Brokers Control Act 1975 s. 52(1) and (2) page 112 Corporations (Consequential Amendments) Bill 2001 Minor changes to other Acts Part 58 s. 222 Fire Brigades Superannuation Act 1985 Sch. 2 cl. 6(1)(d) Legal Aid Commission Act 1976 s. 4(1) definition of "public company" Minerals and Energy Research Act 1987 s. 12(5)(a) s. 23(3)(a) Small Business Development Corporation s. 3(1) definition of Act 1983 "small business" State Supply Commission Act 1991 Sch. 1 cl. 4(2)(b) Travel Agents Act 1985 s. 3(1) definitions of "books" and "officer" s. 12(2)(c) s. 43(6)(c)(ii) 222. Changing "Securities Industry (Western Australia) Code" to "Corporations Act 2001 of the Commonwealth" in various Acts Each provision listed in the Table to this section is amended by 5 deleting "Securities Industry (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". Table Real Estate and Business Agents Act 1978 s. 4(4)(b) Settlement Agents Act 1981 s. 4(1)(b)
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