Corporations (New South Wales) Act 1990 (NSW)

Corporations (New South Wales) Act 1990 No 83

An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of New South Wales and for other purposes.

Part 1 Preliminary

1 Name of Act and purposes (1) This Act may be cited as the Corporations (New South Wales) Act 1990. (2) The purposes of this Act are: (a) to apply certain provisions of the Corporations Act 1989 of the Commonwealth and the Australian Securities and Investments Commission Act 1989 of the Commonwealth and of regulations under those Acts as laws of New South Wales, and (b) to apply certain other laws of the Commonwealth as laws of New South Wales for the purpose of the administration and enforcement of the law relating to corporations, the securities industry, the futures industry and some other matters.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act: applicable provision, in relation to a jurisdiction, means a provision of: (a) the Corporations Law, or Corporations Regulations, of that jurisdiction, or (b) the ASIC Law, or ASIC Regulations, of that jurisdiction, or (c) in the case of the Capital Territory—a Commonwealth law as applying, of its own force or because of another Commonwealth law, in relation to: (i) an offence against, or (ii) an act, matter or thing arising under or in respect of, a provision that, because of any other application or applications of this definition, is an applicable provision of the Capital Territory or any other jurisdiction, or (d) in the case of a jurisdiction other than the Capital Territory—a Commonwealth law as applying, because of a law of that jurisdiction, in relation to: (i) an offence against, or (ii) an act, matter or thing arising under or in respect of, a provision that, because of any other application or applications of this definition, is an applicable provision of that or any other jurisdiction. ASIC Act means the Australian Securities and Investments Commission Act 1989 of the Commonwealth. ASIC Law has the meaning given by Part 11. ASIC Law of New South Wales means the provisions applying by reason of section 58. ASIC Regulations has the meaning given by Part 11. ASIC Regulations of New South Wales means the provisions applying by reason of section 59. authority, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act. Capital Territory means the Australian Capital Territory and the Jervis Bay Territory. Commission means the Australian Securities and Investments Commission established by the ASIC Act. Commonwealth administrative laws means the following: (a) the Administrative Appeals Tribunal Act 1975 of the Commonwealth (excluding Part IVA), (b) (Repealed) (c) the Freedom of Information Act 1982 of the Commonwealth, (d) the Ombudsman Act 1976 of the Commonwealth, (e) the Privacy Act 1988 of the Commonwealth, and the provisions of the regulations in force for the time being under those Acts. Commonwealth law means any of the written or unwritten laws of the Commonwealth, including laws about the exercise of prerogative powers, rights and privileges, other than the Corporations Law of the Capital Territory, the ASIC Law of the Capital Territory or provisions prescribed, for the purposes of the definition of Commonwealth law in section 4 of the Corporations Act, by regulations under section 73 of the Corporations Act. Commonwealth Minister has the meaning given to the Minister by section 80A (2) of the Corporations Law. co-operative scheme law has the meaning given by section 84. Corporations Act means the Corporations Act 1989 of the Commonwealth. Corporations Law has the meaning given by Part 3. Corporations Law of New South Wales means the provisions applying by reason of section 7. Corporations Regulations has the meaning given by Part 3. Corporations Regulations of New South Wales means the provisions applying by reason of section 8. corresponding law means: (a) an Act of a jurisdiction (other than New South Wales) that corresponds to this Act, or (b) regulations made under such an Act, or (c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction, or (d) rules of court made because of such an Act. Federal Court means the Federal Court of Australia. Full Court, in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court. jurisdiction means a State or the Capital Territory. law in relation to the Capital Territory, means a law of or in force in the Capital Territory. Minister for this jurisdiction means the Minister. modifications includes additions, omissions and substitutions. national scheme law has the meaning given by section 60. national scheme law of this jurisdiction means: (a) this Act, or (b) the Corporations Law of New South Wales, or (c) the ASIC Law of New South Wales. NCSC means the National Companies and Securities Commission. officer, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act. State includes the Northern Territory. State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a Proclamation made under section 41 (2) of that Act. Territory does not include the Northern Territory. this jurisdiction means New South Wales. (2) In this Act, a reference to a Commonwealth Act includes a reference to: (a) that Commonwealth Act as amended and in force for the time being, and (b) an Act passed in substitution for that Act.