Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 266

  (1)   In this Division:

"appeal or review proceeding" , in relation to an order of a court, means a proceeding by way of appeal, or otherwise seeking review, of the order.

"enforcement proceeding" , in relation to an order made by a court, means:

  (a)   a proceeding to enforce the order; or

  (b)   any other proceeding in respect of a breach of the order.

"federal ASIC proceeding" means a proceeding of any of the following kinds that, immediately before the commencement, was before a court:

  (a)   a proceeding in respect of a matter arising under the Administrative Decisions (Judicial Review) Act 1977 involving or related to a decision made under a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory;

  (b)   a proceeding in respect of a matter arising under Division   2 of Part   2 of the old ASIC Act;

  (c)   a proceeding for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth (within the meaning of section   75 of the Constitution) in relation to a matter to which a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory applied;

  (ca)   a proceeding in relation to a matter to which a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory applied:

  (i)   in which the Commonwealth was seeking an injunction or a declaration; or

  (ii)   to which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, was a party;

  (cb)   any other proceeding in relation to a matter to which a provision of the old ASIC legislation of a State in this jurisdiction applied that was in the exercise of federal jurisdiction;

  (cc)   any other proceeding in relation to a matter to which a provision of the old ASIC legislation of the Northern Territory applied that would be covered by paragraph   (cb) if the Northern Territory had been a State;

  (cd)   any other proceeding under the old ASIC legislation of the Commonwealth that was in the exercise of federal jurisdiction;

  (d)   a proceeding in the court's accrued federal jurisdiction in relation to a matter to which a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory applied.

"interlocutory application" means an application that:

  (a)   is made during the course of a proceeding; and

  (b)   is for an order that is incidental to the principal object of that proceeding, including, for example:

  (i)   an order about the conduct of that proceeding; or

  (ii)   an order assisting a party to that proceeding to present their case in that proceeding; or

  (iii)   an order protecting or otherwise dealing with property that is the subject matter of that proceeding;

    but not including an order making a final determination of existing rights or liabilities.

"interlocutory order" means:

  (a)   an order made in relation to an interlocutory application; or

  (b)   an order or direction about the conduct of a proceeding.

"interlocutory proceeding" means a proceeding:

  (a)   dealing only with; or

  (b)   to the extent it deals with;

an interlocutory application.

"primary proceeding" means a proceeding other than an interlocutory proceeding.

"proceeding" means a proceeding, whether criminal or civil, before a court.

  (2)   For the purposes of this Part, if an interlocutory proceeding relates to a proceeding that is itself an interlocutory proceeding, the first - mentioned proceeding is taken to relate also to the primary proceeding to which the second - mentioned proceeding relates.