CORPORATIONS (WESTERN AUSTRALIA) ACT 1990

Western Australian Current Acts

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CORPORATIONS (WESTERN AUSTRALIA) ACT 1990

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title and purposes
2. Commencement
3. Terms used
4. Australian Capital Territory
5. This Act and applicable provisions of Western Australia not to be affected by later State laws
6. Operation of other Western Australian laws

PART 2 -- The Corporations Law, and the Corporations Regulations, of Western Australia

7. Application in Western Australia of Corporations Law
8. Application of regulations
9. Terms used in Corporations Law, and Corporations Regulations, of Western Australia
10. Interpretation law

PART 3 -- Citing the Corporations Law and the Corporations Regulations

11. Simpler citation of Corporations Law, and Corporations Regulations, of Western 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 Western 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

22. Fees 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 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
37. Functions and powers conferred on Commonwealth authorities
38. Reference in Commonwealth administrative law to 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. Terms used
42. Jurisdiction of State and Territory Supreme Courts
42A. Jurisdiction of State Family Courts
42B. Jurisdiction of lower courts
43. Appeals
44. Transfer of proceedings
44A. Transfer of proceedings by Family Court and 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 etc.
51. Rules of Supreme Court
52. Rules of Federal Court
52A. Rules of Family Court or State Family Court
52B. Rules of Family Court of Western Australia

Division 2 -- Vesting and cross-vesting of criminal jurisdiction

53. Operation of Division
54. Interpretation and term used: magistrate
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 Western Australia

Division 1 -- Application of ASIC Act and ASIC Regulations

58. Application in Western Australia of ASIC Act
59. Application of regulations
60. Terms used
61. Giving information
62. Interpretation law

Division 2 -- Citing the ASIC Law and the ASIC Regulations

63. Alternative citations of ASIC Law, and ASIC Regulations, of Western 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 Western Australia

Division 4 -- The Panel

70. Conferral of functions and powers on Panel

Division 5 -- The Disciplinary Board

71. Conferral of functions and powers on 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. Term used: relevant State law
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. Election to continue in State superannuation scheme

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
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 4 -- Australian Stock Exchange Limited

94. Saving of provisions about Australian Stock Exchange Limited

Division 5 -- Companies Auditors and Liquidators Disciplinary Board

95. Board to continue in existence for certain purposes

Division 6 -- Amending Acts

95A. Savings and transitional provisions for amending Acts

Division 7 -- Functions of Commonwealth authorities and officers of the Commonwealth

95B. Terms used
95C. Functions of Commonwealth authorities and officers of the Commonwealth

PART 14 -- Provisions affecting Corporations Law

96. Certain transfers by companies not to constitute reduction of share capital

PART 16 -- Special provisions for Western Australia

99. Further application of Part 5.1 of Corporations Law
SCHEDULE 1

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