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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Corporations (Consequential Amendments) Bill (No. 2) 2001 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Associations Incorporation Act 1987 3. The Act amended 3 4. Section 30 amended 3 5. Section 32 amended 3 Part 3 -- Business Names Act 1962 6. The Act amended 4 7. Section 4 amended 4 8. Section 5A amended 4 9. Section 19 amended 5 10. Section 26 amended 6 Part 4 -- Chattel Securities Act 1987 11. The Act amended 7 12. Section 8 amended 7 13. Section 10 amended 7 Part 5 -- Co-operative and Provident Societies Act 1903 14. The Co-operative and Provident Societies Act 1903 amended 8 page i 53--2 Corporations (Consequential Amendments) Bill (No. 2) 2001 Contents Part 6 -- Corporations (Ancillary Provisions) Act 2001 15. The Act amended 9 16. Section 22 amended 9 17. Section 22A inserted 9 18. Section 25 amended 11 Part 7 -- Criminal Property Confiscation Act 2000 19. The Criminal Property Confiscation Act 2000 amended 12 Part 8 -- Employers' Indemnity Supplementation Fund Act 1980 20. The Act amended 13 21. Section 3 amended 13 22. Section 35 repealed 13 23. Section 36 amended 14 Part 9 -- Gold Corporation Act 1987 24. The Act amended 15 25. Section 3 amended 15 26. Sections 4, 35 and 48 amended 15 27. Section 72 amended 16 28. Section 73 amended 16 29. Schedule 1 amended 16 Part 10 -- Housing Act 1980 30. The Housing Act 1980 amended 18 Part 11 -- Housing Societies Act 1976 31. The Housing Societies Act 1976 amended 19 Part 12 -- Industrial Relations Act 1979 32. The Industrial Relations Act 1979 amended 20 page ii Corporations (Consequential Amendments) Bill (No. 2) 2001 Contents Part 13 -- Limited Partnerships Act 1909 33. The Limited Partnerships Act 1909 amended 21 Part 14 -- Local Government Act 1995 34. The Local Government Act 1995 amended 22 Part 15 -- Petroleum Act 1967 35. The Petroleum Act 1967 amended 23 Part 16 -- Petroleum Pipelines Act 1969 36. The Petroleum Pipelines Act 1969 amended 24 Part 17 -- Petroleum (Registration Fees) Act 1967 37. The Petroleum (Registration Fees) Act 1967 amended 25 Part 18 -- Petroleum (Submerged Lands) Act 1982 38. The Petroleum (Submerged Lands) Act 1982 amended 26 Part 19 -- Petroleum (Submerged Lands) Registration Fees Act 1982 39. The Petroleum (Submerged Lands) Registration Fees Act 1982 amended 27 Part 20 -- Pharmacy Act 1964 40. The Pharmacy Act 1964 amended 28 Part 21 -- Property Law Act 1969 41. The Property Law Act 1969 amended 29 Part 22 -- Sale of Land Act 1970 42. The Act amended 30 43. Section 19A amended 30 44. Section 19B amended 30 page iii Corporations (Consequential Amendments) Bill (No. 2) 2001 Contents Part 23 -- Suitors' Fund Act 1964 45. The Act amended 31 46. Section 3 amended 31 47. Section 15A amended 31 Part 24 -- Supreme Court Act 1935 48. The Act amended 32 49. Section 60 amended 32 50. Section 145 amended 32 Part 25 -- Unclaimed Money Act 1990 51. The Unclaimed Money Act 1990 amended 33 page iv Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Corporations (Consequential Amendments) Bill (No. 2) 2001 A Bill for An Act to amend various Acts as a consequence of the Commonwealth enacting the Corporations Act 2001 and to make other minor amendments relating to the regulation of bodies corporate. The Parliament of Western Australia enacts as follows: page 1 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Corporations (Consequential Amendments) Act (No. 2) 2001. 5 2. Commencement (1) This Act (other than Part 6) is deemed to have come into operation immediately after the Corporations Act 2001 of the Commonwealth came into operation. (2) Part 6 comes into operation on the day on which this Act 10 receives the Royal Assent. page 2 Corporations (Consequential Amendments) Bill (No. 2) 2001 Associations Incorporation Act 1987 Part 2 s. 3 Part 2 -- Associations Incorporation Act 1987 3. The Act amended The amendments in this Part are to the Associations Incorporation Act 1987*. 5 [* Reprinted as at 20 August 1999. For subsequent amendments see Act No. 10 of 2001.] 4. Section 30 amended Section 30(4) is amended by deleting "Parts 5.4 to 5.7" and inserting instead -- 10 " one or more of Parts 5.4 to 5.8 ". 5. Section 32 amended Section 32 is amended by deleting "5.7" and inserting instead -- " 5.8 ". page 3 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 3 Business Names Act 1962 s. 6 Part 3 -- Business Names Act 1962 6. The Act amended The amendments in this Part are to the Business Names Act 1962*. 5 [*Reprinted as at 16 February 2001.] 7. Section 4 amended Section 4 is amended as follows: (a) by deleting the definition of "corporation" and inserting instead -- 10 " "corporation" means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, other than an exempt body within the meaning of section 66A of that Act; 15 "; (b) by deleting the definition of "secretary" and inserting instead -- " "secretary", includes -- 20 (a) any person performing the duties of secretary of the corporation; and (b) the local agent of a foreign corporation within the meaning of the Corporations Act 2001 of the Commonwealth; 25 ". 8. Section 5A amended Section 5A(1)(c) is deleted and the following paragraph is inserted instead -- " 30 (c) of an offence under -- (i) section 108, 229, 554, 555, 556, 559 or 560 of the Companies (Western page 4 Corporations (Consequential Amendments) Bill (No. 2) 2001 Business Names Act 1962 Part 3 s. 9 Australia) Code, section 44 of the Companies (Acquisition of Shares) (Western Australia) Code or section 129 of the Securities Industry (Western 5 Australia) Code; (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 10 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 15 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 20 (v) any provision of the Corporations Act 2001 of the Commonwealth that corresponds with any of the provisions in subparagraph (i). ". 25 9. Section 19 amended Section 19(1)(d) is amended by deleting "name of the corporation has been struck off any register of corporations kept under the Companies (Western Australia) Code, or the corporation has been dissolved" and inserting instead -- 30 " corporation has been deregistered under the Corporations Act 2001 of the Commonwealth ". page 5 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 3 Business Names Act 1962 s. 10 10. Section 26 amended Section 26(2)(a) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 6 Corporations (Consequential Amendments) Bill (No. 2) 2001 Chattel Securities Act 1987 Part 4 s. 11 Part 4 -- Chattel Securities Act 1987 11. The Act amended The amendments in this Part are to the Chattel Securities Act 1987*. 5 [*Act No. 101 of 1987. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 56.] 12. Section 8 amended (1) Section 8(1)(c) is amended by deleting "Companies (Western 10 Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". (2) Section 8(2) is amended by deleting "Companies (Western Australia) Code are related to each other would be determined under that Code" and inserting instead -- 15 " Corporations Act 2001 of the Commonwealth are related bodies corporate would be determined under that Act ". 20 13. Section 10 amended Section 10(2) is amended by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth ". page 7 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 5 Co-operative and Provident Societies Act 1903 s. 14 Part 5 -- Co-operative and Provident Societies Act 1903 14. The Co-operative and Provident Societies Act 1903 amended Section 46(2) and (3) of the Co-operative and Provident Societies Act 1903* are amended by inserting after "5.6" -- 5 " , 5.7B and 5.8 ". [* Reprinted as approved 30 September 1969. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 92 and Act No. 10 of 2001.] page 8 Corporations (Consequential Amendments) Bill (No. 2) 2001 Corporations (Ancillary Provisions) Act 2001 Part 6 s. 15 Part 6 -- Corporations (Ancillary Provisions) Act 2001 15. The Act amended The amendments in this Part are to the Corporations (Ancillary Provisions) Act 2001*. 5 [*Act No. 8 of 2001.] 16. Section 22 amended Section 22(2) is amended as follows -- (a) in paragraphs (b) and (c) by inserting after "1989" -- " of the Commonwealth "; 10 (b) after paragraph (e) by deleting "or"; (c) after paragraph (f) by deleting the full stop and inserting -- " ; or 15 (g) an Act amending an Act referred to in paragraph (e) or (f). ". 17. Section 22A inserted After section 22 the following section is inserted -- 20 " 22A. Power to make interim regulations construing certain references in Acts (1) The Governor, on the recommendation of the Minister, may make regulations providing that an affected 25 reference in an Act is to be construed as set out in the regulations. page 9 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 6 Corporations (Ancillary Provisions) Act 2001 s. 17 (2) The Minister may make a recommendation under subsection (1) only if he or she considers that -- (a) each substantive provision of the proposed regulations is necessary as a consequence of the 5 enactment, or the proposed enactment, by the Parliament of the Commonwealth of an Act amending the new ASIC Act or the new Corporations Act; and (b) subject to subsection (3), the proposed 10 regulations do not deal with any other matter. (3) Regulations made under this section may deal with matters of a transitional nature (including matters of an application or savings nature) consequent on the enactment of the amending Act referred to in 15 subsection (2)(a). (4) Regulations made under this section have effect according to their terms. (5) Regulations under this section cannot be made after the end of 12 months after the amending Act to which they 20 relate (or the relevant provision of that Act) comes into operation. (6) Regulations made under this section expire on the first anniversary of the day on which they are made unless they are revoked, or expressed to expire, on an earlier 25 day. (7) In this section -- "affected reference" means -- (a) a reference in an Act to a provision of the new ASIC Act or the new Corporations Act; 30 or page 10 Corporations (Consequential Amendments) Bill (No. 2) 2001 Corporations (Ancillary Provisions) Act 2001 Part 6 s. 18 (b) a reference in an Act to a term, expression or concept defined or used in the new ASIC Act or the new Corporations Act, that is, or is to be, affected in any way by the 5 enactment or proposed enactment by the Parliament of the Commonwealth of an Act amending the new ASIC Act or the new Corporations Act. ". 10 18. Section 25 amended Section 25(6) is amended by inserting after "relevant time" -- " or, in the case of regulations made under section 22(2)(g) or 22A, the time when the amending 15 Act (or the relevant provision of that Act) comes into operation or is taken to have come into operation ". page 11 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 7 Criminal Property Confiscation Act 2000 s. 19 Part 7 -- Criminal Property Confiscation Act 2000 19. The Criminal Property Confiscation Act 2000 amended The Glossary of the Criminal Property Confiscation Act 2000* is amended in paragraph (b) of the definition of "corporation" 5 by deleting "Companies (Western Australia) Code" and inserting instead -- " Corporations Act 2001 of the Commonwealth, other than an exempt body 10 within the meaning of section 66A of that Act ". [*Act No. 68 of 2000. For subsequent amendments see Act No. 12 of 2001.] page 12 Corporations (Consequential Amendments) Bill (No. 2) 2001 Employers' Indemnity Supplementation Fund Act 1980 Part 8 s. 20 Part 8 -- Employers' Indemnity Supplementation Fund Act 1980 20. The Act amended The amendments in this Part are to the Employers' Indemnity 5 Supplementation Fund Act 1980*. [*Reprinted as at 7 December 1994. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 135 and Act No. 2 of 2001.] 21. Section 3 amended 10 Section 3 is amended by inserting the following definition in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; 15 ". 22. Section 35 repealed Section 35 is repealed and the following section inserted instead -- " 20 35. Control of powers of liquidators of insurers (1) The liquidator of an insurer may exercise his or her powers under section 477 of the Corporations Act with respect to any claim, judgment, order or award arising out of or in relation to an employer's policy issued by 25 the insurer subject to the following -- (a) the liquidator may not exercise his or her powers under section 477(1) of the Corporations Act without the authority of the Insurance Commission; page 13 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 8 Employers' Indemnity Supplementation Fund Act 1980 s. 23 (b) section 477(1)(b) applies as if "subject to the provisions of section 556," were deleted; (c) section 477(2A) and (2B) apply as if the references in them to the approval of the Court, 5 of the committee of inspection or of a resolution of the creditors were references to the approval of the Insurance Commission. (2) Subsection (1) is declared to be a Corporations legislation displacement provision for the purposes of 10 section 5G of the Corporations Act in relation to section 477 of that Act. ". 23. Section 36 amended (1) Section 36(1) and (2) are amended by deleting "section 441 of 15 the Companies (Western Australia) Code" and inserting instead -- " section 556 of the Corporations Act ". (2) After section 36(3) the following subsection is inserted -- " 20 (4) The payment of an amount referred to in subsection (1) or (2) is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to that Act to the extent to which the payment of the amount is governed by subsection (1) or (2). 25 ". page 14 Corporations (Consequential Amendments) Bill (No. 2) 2001 Gold Corporation Act 1987 Part 9 s. 24 Part 9 -- Gold Corporation Act 1987 24. The Act amended The amendments in this Part are to the Gold Corporation Act 1987*. 5 [*Reprinted as at 2 January 2001. For subsequent amendments see Act No. 43 of 2000.] 25. Section 3 amended Section 3(1) is amended as follows: (a) by deleting the definition of "Code"; 10 (b) by inserting the following definition in the appropriate alphabetical position -- " "Corporations Act" means the Corporations Act 2001 of the Commonwealth; 15 "; (c) by deleting paragraph (c) of the definition of "subsidiary" and inserting instead -- " (c) any body corporate that would be a 20 subsidiary of Gold Corporation within the meaning of the Corporations Act if that Act applied to Gold Corporation; ". 26. Sections 4, 35 and 48 amended 25 Sections 4(2)(d)(ii), 35(3)(d)(ii) and 48(2)(d)(ii) are amended by deleting "might have been attributed to a public company incorporated pursuant to the Code" and inserting instead -- " are attributed to a public company 30 registered under the Corporations Act ". page 15 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 9 Gold Corporation Act 1987 s. 27 27. Section 72 amended Section 72(3) is repealed and the following subsection is inserted instead -- " 5 (3) In relation to a body corporate other than Gold Bank or Gold Corporation or a subsidiary of Gold Bank or Gold Corporation, "officer" means -- (a) an officer within the meaning of the Corporations Act; and 10 (b) any authorised person (not already covered by paragraph (a)) who enters into possession or assumes control of property of the body corporate under the Corporations Act for the purposes of enforcing a charge. 15 ". 28. Section 73 amended Section 73(5) is amended by deleting "Part X of the Securities Industry (Western Australia) Code, or of the provisions of a law in force in a State or Territory that is a participating State or 20 participating Territory for the purposes of that Code being provisions that correspond with the Part of the Code" and inserting instead -- " Part 7.11 of the Corporations Act ". 29. Schedule 1 amended 25 (1) Schedule 1 clause 2(2)(b) is amended by deleting "section 5 of the Code" and inserting instead -- " the Corporations Act ". page 16 Corporations (Consequential Amendments) Bill (No. 2) 2001 Gold Corporation Act 1987 Part 9 s. 29 (2) Schedule 1 clause 10(2)(b)(i) is amended by deleting "(not being a substantial shareholding within the meaning of Division 4 of Part IV of the Code)" and inserting instead -- " 5 (not being a substantial holding within the meaning of the Corporations Act) ". page 17 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 10 Housing Act 1980 s. 30 Part 10 -- Housing Act 1980 30. The Housing Act 1980 amended (1) The amendments in this Part are to the Housing Act 1980*. [*Reprinted as at 27 May 1999. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 205 and Act No. 12 of 2001.] (2) Section 55(4) is repealed and the following subsection is inserted instead -- " 10 (4) The floating security and charge and the debt owing to the Crown are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to Chapter 5 of that Act, to the extent to which subsections (1), (2) and (3) of 15 this section provide for them in a way that would be inconsistent with that Chapter but for this declaration and section 5F of that Act. ". (3) Section 55(5) is amended by deleting "Part XII of the 20 Companies (Western Australia) Code or a corresponding law" and inserting instead -- " Chapter 5 of the Corporations Act 2001 of the Commonwealth 25 ". page 18 Corporations (Consequential Amendments) Bill (No. 2) 2001 Housing Societies Act 1976 Part 11 s. 31 Part 11 -- Housing Societies Act 1976 31. The Housing Societies Act 1976 amended Section 71(2) and (2a) of the Housing Societies Act 1976* are amended by inserting after "5.6" -- 5 " , 5.7B and 5.8 ". [* On 13 July 2001 the Building Societies Act 1976 was renamed the Housing Societies Act 1976 by the Building Societies Amendment Act 2001. The Building Societies Act 1976 was reprinted as approved 10 14 April 1986. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 46, and Acts Nos. 10 and 12 of 2001.] page 19 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 12 Industrial Relations Act 1979 s. 32 Part 12 -- Industrial Relations Act 1979 32. The Industrial Relations Act 1979 amended Section 96H(3) of the Industrial Relations Act 1979* is repealed and the following subsection is inserted instead -- 5 " (3) In this section -- "corporation" means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, other than an exempt body within 10 the meaning of section 66A of that Act. ". [* Reprinted as at 4 February 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 213 and Act No. 10 of 2001.] page 20 Corporations (Consequential Amendments) Bill (No. 2) 2001 Limited Partnerships Act 1909 Part 13 s. 33 Part 13 -- Limited Partnerships Act 1909 33. The Limited Partnerships Act 1909 amended (1) The amendments in this Part are to the Limited Partnerships Act 1909*. 5 [* Reprinted as approved 15 April 1985. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 251.] (2) Section 6(4) is repealed and the following subsections are inserted instead -- 10 " (4) The winding up of a limited partnership 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, 5.4A, 15 5.4B, 5.6, 5.7B and 5.8 (winding up) of the Corporations Act 2001 of the Commonwealth. (4a) The following modifications to the text of Parts 5.4, 5.4A, 5.4B, 5.6, 5.7B and 5.8 of the Corporations Act 2001 of the Commonwealth apply for the purposes 20 of subsection (4) -- (a) a reference to a company is to be read as a reference to a limited partnership; (b) a reference to the directors of a company is to be read as a reference to the general partners of 25 a limited partnership; (c) a reference to ASIC is to be read as a reference to the Registrar; (d) a reference to the Court is to be read as a reference to the Supreme Court. 30 ". page 21 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 14 Local Government Act 1995 s. 34 Part 14 -- Local Government Act 1995 34. The Local Government Act 1995 amended Section 9.58(4)(b) of the Local Government Act 1995* is amended by deleting "Corporate Affairs" and inserting 5 instead -- " Fair Trading ". [* Reprinted as at 18 February 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 257 and Acts Nos. 36 of 1999 10 and 10 of 2001.] page 22 Corporations (Consequential Amendments) Bill (No. 2) 2001 Petroleum Act 1967 Part 15 s. 35 Part 15 -- Petroleum Act 1967 35. The Petroleum Act 1967 amended (1) The amendments in this Part are to the Petroleum Act 1967*. [* Reprinted as at 14 January 2000. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 336.] (2) Section 75(8) is amended by deleting "the National Companies and Securities Commission relating to the creation of that charge pursuant to section 201 of the Companies (Western 10 Australia) Code or pursuant to the corresponding provision of a law of the Commonwealth or another State or a Territory" and inserting instead -- " the Australian Securities and Investments Commission 15 relating to the creation of that charge pursuant to section 263 of the Corporations Act 2001 of the Commonwealth ". (3) Section 75(15) is amended by deleting "section 201 of the 20 Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". page 23 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 16 Petroleum Pipelines Act 1969 s. 36 Part 16 -- Petroleum Pipelines Act 1969 36. The Petroleum Pipelines Act 1969 amended (1) The amendments in this Part are to the Petroleum Pipelines Act 1969*. 5 [* Reprinted as at 12 May 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 337.] (2) Section 47(8) is amended by deleting "the National Companies and Securities Commission relating to the creation of that 10 charge pursuant to section 201 of the Companies (Western Australia) Code or pursuant to the corresponding provision of a law of the Commonwealth or another State or a Territory" and inserting instead -- " 15 the Australian Securities and Investments Commission relating to the creation of that charge pursuant to section 263 of the Corporations Act 2001 of the Commonwealth ". 20 (3) Section 47(15) is amended by deleting "section 201 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". page 24 Corporations (Consequential Amendments) Bill (No. 2) 2001 Petroleum (Registration Fees) Act 1967 Part 17 s. 37 Part 17 -- Petroleum (Registration Fees) Act 1967 37. The Petroleum (Registration Fees) Act 1967 amended (1) The amendments in this Part are to the Petroleum (Registration Fees) Act 1967*. 5 [* Reprinted as at 16 January 1992. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 338.] (2) Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following subparagraph is inserted instead -- 10 " (i) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; ". page 25 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 18 Petroleum (Submerged Lands) Act 1982 s. 38 Part 18 -- Petroleum (Submerged Lands) Act 1982 38. The Petroleum (Submerged Lands) Act 1982 amended (1) The amendments in this Part are to the Petroleum (Submerged Lands) Act 1982*. 5 [* Reprinted as at 6 August 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 339.] (2) Section 81(8) is amended by deleting "the National Companies and Securities Commission relating to the creation of that 10 charge pursuant to section 201 of the Companies (Western Australia) Code or pursuant to the corresponding provision of a law of the Commonwealth or another State or a Territory" and inserting instead -- " 15 the Australian Securities and Investments Commission relating to the creation of that charge pursuant to section 263 of the Corporations Act 2001 of the Commonwealth ". 20 (3) Section 81(16) is amended by deleting "section 201 of the Companies (Western Australia) Code" and inserting instead -- " the Corporations Act 2001 of the Commonwealth ". page 26 Corporations (Consequential Amendments) Bill (No. 2) 2001 Petroleum (Submerged Lands) Registration Fees Act 1982 Part 19 s. 39 Part 19 -- Petroleum (Submerged Lands) Registration Fees Act 1982 39. The Petroleum (Submerged Lands) Registration Fees Act 1982 amended 5 (1) The amendments in this Part are to the Petroleum (Submerged Lands) Registration Fees Act 1982*. [*Reprinted as at 18 March 1992.] (2) Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following subparagraph is inserted instead -- 10 " (i) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; ". page 27 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 20 Pharmacy Act 1964 s. 40 Part 20 -- Pharmacy Act 1964 40. The Pharmacy Act 1964 amended Section 5(1) of the Pharmacy Act 1964* is amended by deleting the definition of "Company" and inserting instead -- 5 " "Company" means a company, within the meaning of the Corporations Act 2001 of the Commonwealth, that is taken to be registered in Western Australia; ". 10 [* Reprinted as at 29 January 1999. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 340.] page 28 Corporations (Consequential Amendments) Bill (No. 2) 2001 Property Law Act 1969 Part 21 s. 41 Part 21 -- Property Law Act 1969 41. The Property Law Act 1969 amended Section 88(2) of the Property Law Act 1969* is amended by deleting "and not in derogation of the provisions of section 35 5 of the Companies Act 1961" and inserting instead -- " the provisions of the Corporations Act 2001 of the Commonwealth ". 10 [* Reprinted as at 21 May 1999.] page 29 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 22 Sale of Land Act 1970 s. 42 Part 22 -- Sale of Land Act 1970 42. The Act amended The amendments in this Part are to the Sale of Land Act 1970*. [* Reprint approved 8 May 1978. 5 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 402.] 43. Section 19A amended Section 19A(2)(d)(i) is amended by deleting "would, within the meaning of subsection (5) of section 7 of the Companies 10 (Western Australia) Code, be deemed to be related to each other" and inserting instead -- " are related bodies corporate within the meaning of the Corporations Act 2001 15 of the Commonwealth ". 44. Section 19B amended Section 19B(1)(a) is amended by deleting "a deed that is an approved deed under and for the purposes of Division 6 of 20 Part IV of the Companies (Western Australia) Code" and inserting instead -- " a managed investment scheme that is registered under Part 5C.1 of the Corporations Act 2001 25 of the Commonwealth ". page 30 Corporations (Consequential Amendments) Bill (No. 2) 2001 Suitors' Fund Act 1964 Part 23 s. 45 Part 23 -- Suitors' Fund Act 1964 45. The Act amended The amendments in this Part are to the Suitors' Fund Act 1964*. [* Reprinted as at 29 October 1999.] 5 46. Section 3 amended Section 3 is amended as follows: (a) by deleting the definition of "company" and of "foreign company"; (b) by inserting the following definitions in the appropriate 10 alphabetical positions -- " "company" has the same meaning as it has in the Corporations Act 2001 of the Commonwealth; "foreign company" means a foreign company within 15 the meaning of the Corporations Act 2001 of the Commonwealth, and a registrable Australian body (within the meaning of that Act) other than such a body formed or incorporated in the State; ". 20 47. Section 15A amended Section 15A is amended by deleting "is, under and for the purposes of the Companies (Western Australia) Code, deemed to be a subsidiary of, or related to," and inserting instead -- " 25 is, for the purposes of the Corporations Act 2001 of the Commonwealth, a related body corporate of ". page 31 Corporations (Consequential Amendments) Bill (No. 2) 2001 Part 24 Supreme Court Act 1935 s. 48 Part 24 -- Supreme Court Act 1935 48. The Act amended The amendments in this Part are to the Supreme Court Act 1935*. 5 [* Reprinted as at 9 February 2001. For subsequent amendments see Act No. 27 of 2000.] 49. Section 60 amended Section 60(1)(f)(iii) is repealed. 50. Section 145 amended 10 Section 145(3) is repealed. page 32 Corporations (Consequential Amendments) Bill (No. 2) 2001 Unclaimed Money Act 1990 Part 25 s. 51 Part 25 -- Unclaimed Money Act 1990 51. The Unclaimed Money Act 1990 amended Section 7(5) of the Unclaimed Money Act 1990* is amended by deleting "Companies (Western Australia) Code" and inserting 5 instead -- " Corporations Act 2001 of the Commonwealth ". [* Reprinted as at 5 November 1999.]
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