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CORPORATIONS ACT 2001 - SECT 5

General territorial application of Act

Geographical coverage of "this jurisdiction"

(1) Section 9 defines this jurisdiction as the area that includes:

(a)
each referring State (including its coastal sea); and

(b)
the Capital Territory (including the coastal sea of the Jervis Bay Territory); and

(c)
the Northern Territory (including its coastal sea).

(2) This jurisdiction therefore consists of:

(a)
the whole of Australia if all the States are referring States; or

(b)
Australia (other than any State that is not a referring State) if one or more States are not referring States.

Chapters 1 to 6C, Chapter 9 and Chapter 10

(3) Chapters 1 to 6C, inclusive, Chapter 9 and Chapter 10, apply in this jurisdiction. (4) Subject to subsection (8), Chapters 1 to 6C, inclusive, Chapter 9 and Chapter 10, also apply, according to their tenor, in relation to acts and omissions outside this jurisdiction.

Chapters 6D, 7 and 8

(5) Chapter 6D (fundraising), Chapter 7 (securities) and Chapter 8 (futures) apply in this jurisdiction. (6) Subject to subsection (8), some provisions of Chapters 6D, 7 and 8 also apply in relation to acts and omissions outside this jurisdiction.

Note: The following provisions provide for such extended operation:

(a) section 766I; (b) subsection 775(1A); (c) sections 819 and 820; (d) subsection 855(1); (e) section 865A; (f) subsections 920(3) and (5); (g) subsection 962(2); (h) section 1002; (i) section 1112A; (j) subsection 1184(1); (k) subsection 1185(1); (l) subsections 1209(3) and (4); (m) subsection 1212(1); (n) sections 1259, 1260, 1261 and 1263.

Residence, place of formation etc.

(7) This Act applies according to its tenor to:

(a)
natural persons whether:

(i)
resident in this jurisdiction or not; and
(ii)
resident in Australia or not; and
(iii)
Australian citizens or not; and
(b)
all bodies corporate and unincorporated bodies whether:

(i)
formed or carrying on business in this jurisdiction or not; and
(ii)
formed or carrying on business in Australia or not.
Note: Paragraph (b)—many of the provisions in this Act apply only in relation to companies (that is, to companies that are registered under this Act).

Operation in non-referring States

(8) This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).



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