Corporations (South Australia) Act 1990 (SA)

South Australia Corporations (South Australia) Act 1990 An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of South Australia; and for other purposes.

Contents Part 1—Preliminary 1 Short title and purposes 3 Definitions 4 Australian Capital Territory 5 This Act and applicable provisions of South Australia not to be affected by later State laws 6 Operation of other South Australian Laws Part 2—The Corporations Law, and the Corporations Regulations, of South Australia 7 Application in South Australia of the Corporations Law 8 Application of regulations 9 Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of South Australia 10 Interpretation law Part 3—Citing the Corporations Law and the Corporations Regulations 11 Simpler citation of Corporations Law, and Corporations Regulations, of South Australia 12 References to Corporations Law, and Corporations Regulations, of other jurisdictions 13 References to Corporations Law and Corporations Regulations Part 4—Application of the Corporations Law to the Crown 14 Interpretation 15 Corporations Law of South Australia 16 Corporations Law of other jurisdictions 17 Crown not liable to prosecution 18 This Part overrides the prerogative Part 5—Application orders 19 Commonwealth Minister to obtain consent of State Minister 20 Application orders for ASIC Law Part 7—Imposition of fees and taxes 22 Fees (including taxes) for chargeable matters 23 Contributions and levies for fidelity funds of securities exchanges 24 Levies for National Guarantee Fund 25 Contributions and levies for fidelity funds of futures organisations Part 8—National administration and enforcement of the Corporations Law Division 1—Preliminary 26 Object 27 Effect of Part Division 2—Offences against applicable provisions 28 Object 29 Application of Commonwealth laws in relation to offences against applicable provisions 30 Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions 31 Functions and powers conferred on Commonwealth authorities 32 Reference in Commonwealth law to a provision of another law Division 3—Administrative law 34 Object 35 Application of Commonwealth administrative laws in relation to applicable provisions 36 Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions 36A Construction of references to Part IVA of Administrative Appeals Tribunal Act (Cwth) 37 Functions and powers conferred on Commonwealth authorities 38 Reference in Commonwealth administrative law to a provision of another law Part 9—Jurisdiction and procedure of courts Division 1—Vesting and cross-vesting of civil jurisdiction 40 Operation of Division 41 Interpretation 42 Jurisdiction of State and Territory Supreme Courts 42A Jurisdiction of State Family Courts 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers 42B Jurisdiction of lower courts 43 Appeals 44 Transfer of proceedings by the Federal Court and State and Territory Supreme Courts 44A Transfer of proceedings by State Family Courts 44AA Transfer of proceedings in lower courts 44B Further matters for court to consider when deciding whether to transfer proceeding 44C Transfer may be made at any stage 44D Transfer of documents 45 Conduct of proceedings 46 Courts to act in aid of each other 47 Exercise of jurisdiction pursuant to cross-vesting provisions 48 Rights of appearance 49 Limitation on appeals 50 Enforcement of judgments 51 Rules of the Supreme Court 52A Rules of the State Family Court Division 2—Vesting and cross-vesting of criminal jurisdiction 53 Operation of Division 54 Interpretation 55 Jurisdiction of courts 56 Laws to be applied Part 10—Companies Liquidation Account 57 Companies Liquidation Account Part 11—The ASIC Law, and the ASIC Regulations, of South Australia Division 1—Application of ASIC Act and ASIC Regulations 58 Application in South Australia of the ASIC Act 59 Application of regulations 60 Interpretation of some expressions in ASIC Law, and ASIC Regulations, of South Australia 61 Giving information 62 Interpretation law Division 2—Citing the ASIC Law and the ASIC Regulations 63 Alternative citations of the ASIC Law, and the ASIC Regulations, of South Australia 64 References to ASIC Law, and ASIC Regulations, of another jurisdiction 65 References to ASIC Law and ASIC Regulations Division 3—The Commission 66 Conferral of functions and powers on Commission 68 Conferral of other functions and powers for purposes of law in South Australia Division 4—The Panel 70 Conferral of functions and powers on the Panel Division 5—The Disciplinary Board 71 Conferral of functions and powers on the Disciplinary Board Division 6—Miscellaneous 72 Acting appointments 73 Alteration of names and constitutions 74 Application of Commonwealth Crimes Act 75 Application of Commonwealth Evidence Act Part 12—General Division 1—Arrangements 76 Definition 77 Arrangements relating to applicable provisions 78 Notice of arrangement Division 2—Penalties and fines 79 Application of penalties and fines Division 3—Regulations 80 Regulations Part 13—Transitional Division 1—Staff 81 Information previously acquired 82 Staff 83 Superannuation arrangements with Commission Division 2—Co-operative scheme laws 84 Co-operative scheme laws 85 National scheme laws prevail over co-operative scheme laws 86 Regulations may exclude residual operation of co-operative scheme laws 87 Effect of sections 85 and 86 88 Regulations may modify co-operative scheme laws 89 Co-operative scheme laws not affected by certain Commonwealth regulations 90 References to co-operative scheme laws and regulations 91 Conferral of functions and powers in relation to co-operative scheme laws 92 Arrangements affecting exercise of investigation powers by State authorities and officers Division 3—Exemptions 93 Exempt bodies Division 4—Australian Stock Exchange Limited 95 Saving of provisions about Australian Stock Exchange Limited Division 5—Companies Auditors and Liquidators Disciplinary Board 96 Board to continue in existence for certain purposes Division 6—Functions of Commonwealth authorities and officers of the Commonwealth 96A Definitions 96B Functions of Commonwealth authorities and officers of the Commonwealth Part 14—Provisions affecting Corporations Law 97 Certain land transfers by companies not to constitute reduction of share capital Schedule—Savings and transitional provisions 1 Interpretation 2 Application of amendments 3 Effect of decision that court did not have jurisdiction 4 Effect of absence of decision that court did not have jurisdiction 5 Application of section 42AA Legislative history