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CORPORATIONS (CONSEQUENTIAL AMENDMENTS) BILL (NO. 2) 2001

                       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     Section 35 repealed                              13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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