Companies (Consequential Amendments) Act 1982 (WA)

WESTERN AUSTRALIA.

COMPANIES

(CONSEQUENTIAL

AMENDMENTS).

No. 10 of 1982.

AN ACT to make amendments to certain Acts consequential upon the enactment of the Companies (Application of Laws) Act 1981, to make certain other amendments to Acts and for other purposes.

[Assented to 14 May 1982.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.—PRELIMINARY.

1. This Act may be cited as the Companies Short title.

(Consequential Amendments) Act 1982.

No. 10.] Companies (Consequential [1982.

Amendments).

Commence-

ment.

2. (1) Subject to subsections (2), (3), (4), (5),

(6) and (7), this Act shall come into operation on

the day on which the Companies (Application of

Laws) Act 1981 comes into operation.

Sections 9, 14 and 19 shall be deemed to have come into operation on the day on which the National Companies and Securities Commission

(2)

(1 July 19814 (State Provisions) Act 1980 came into operation.

Subsection (2) of section 11 shall be deemed to have come into operation on the day on which the Companies (Acquisition of Shares) (Application of

(3)

(1 July 1981.) Laws) Act 1981 came into operation.

Section 18 shall be deemed to have come into operation on the day on which the Securities Industry (Application of Laws) Act 1981 came into

(4)

(1 July 1981.) operation.

Section 20 shall be deemed to have come into operation on 1 October 1981.

(5)

(6) Sections 23 and 24 shall come into operation on a day to be proclaimed.

(7) Sections 25 and 26 shall be deemed to have come into operation on 5 December 1979.

Division

into Parts. 3. This Act is divided into Parts as follows:

Part I.—Preliminary ss. 1-3.

Part II.—Amendments to National Companies and Securities Commission (State Provisions) Act 1980 ss. 4-5.

Part III.—Amendments to Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 ss. 6-9.

Part IV.—Amendments to Companies (Acquisition of

Shares) (Application of Laws) Act 1981 ss. 10-14.

Part V.—Amendments to Securities Industry (Applica- tion of Laws) Act 1981 ss. 15-22.

1982.] Companies (Consequential [No. 10.

Amendments).

Part VI.—Amendments to Companies (Application of

Laws) Act 1981 ss. 23-24.

Part VII.—Amendments to Company Take-overs Act

1979 ss. 25-26.

Part VIII.—Other amendments to Acts ss. 27-28.

PART II.—AMENDMENTS TO NATIONAL COMPANIES AND SECURITIES COMMISSION (STATE PROVISIONS) ACT 1980.

4.    In this Part, the National Companies and pgi?,tyr

Securities Commission (State Provisions) Act 1980 Act. is referred to as the principal Act.

5.    Section 12 of the principal Act is amended— gpreent

(a)

in subsection (1), by inserting before "any " all or " ;

(b) in subsection (3), by repealing paragraph (b) and substituting the following para- graph

(b) the person for the time being hold- ing a specified office under an Act, an Act of another State or a Com- monwealth Act or the person for the time being occupying a position in the Public Service of the State, of another State or of the Common- wealth, being a position that is specified in the instrument of dele- gation. " ; and

(c) in subsection (5), by repealing paragraph (b) and substituting the following para- graph

" (b) the person for the time being

occupying a position in the Public

Service of the State, of another

No. 10.] Companies (Consequential [1982.

Amendments).

State or of the Commonwealth, being a position that is specified in the instrument by which the authority is given. " .

PART III.—AMENDMENTS TO COMPANIES AND SECURITIES (INTERPRETATION AND MISCEL- LANEOUS PROVISIONS) (APPLICATION OF LAWS) ACT 1981.

Citation of

In this Part, the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 is referred to as the principal Act.

principal 6.

Act.

Amendment

Subsection (2) of section 11 of the principal Act is amended by inserting after "regulation," the following-

of s. 11. 7.

" clause, "

Amendment

of	8.	Schedule 1 to the principal Act is amended
Schedule 1.

(a) in clause 3, by repealing paragraph (g) and substituting the following paragraph

IC (g) in paragraph (b) of the definition of

"constituent documents" for the passage "(other than the Companies Act 1981 or the corresponding law of a State or another Territory or of another country)" there were substituted the passage "(other than the Companies (Western

Australia) Code or the corresponding law

in force in another State or in a Territory

or in another country)"; " ;

(b) in clause 6, by deleting "three" and substi- tuting the following-

" four " ; and

1982.] Companies (Consequential [No. 10.

Amendments).

(c) by inserting, after clause 16, the following clauses-

17. In section 40 of the Commonwealth

Act

(a) in subsection (1) before the word "made" there were inserted the passage "applying," ;

and

(b) in subsection (2), before the words "was made" there were inserted the words "applies or".

18. For section 41 of the Commonwealth Act there were substituted the following section:

ft

41. (1) Where a provision of a law of another State or of a Territory, being a law by reason of which provisions of a relevant Act of the Commonwealth or regulations in force for the time being under a relevant Act of the Common- wealth apply as laws of that State or Territory, provides that a document published in accordance with that pro- vision is prima facie evidence of the provisions of that Act or those regulations as so applying on a particular date, a document that is, or purports to be, a copy of a document so published is prima

facie evidence of the provisions of that

Act or those regulations as so applying on that date.

(2) In subsection (1), "relevant Act of the Commonwealth" means

(a) the Companies and Securities

(Interpretation and Miscellan- eous Provisions) Act 1980 of the

Commonwealth;

(b) the Companies (Acquisition of

Shares) Act 1980 of the Common-

wealth;

(c) the Securities Industry Act 1980 of the Commonwealth; or

No. 10.] Companies (Consequential [1982.

Amendments).

(d) the Companies Act 1981 of the Commonwealth,

as amended and in force for the time

being. " .

Amendment

of 9. Paragraph (z) of clause 3 of Schedule 1 to the

schedule 1. principal Act is repealed.

PART IV.—AMENDMENTS TO COMPANIES

(ACQUISITION OF SHARES)

(APPLICATION OF LAWS) ACT 1981.

Citation of

Principal 10. In this Part, the Companies (Acquisition of

Act.

Shares) (Application of Laws) Act 1981 is referred

to as the principal Act.

Amendment

Of sm. 5 and

11. (1) Section 5 of the principal Act is amended by repealing subsection (1) and substituting the following subsection

18.

CC

(1) The provisions applying by reason of section 4, except as provided by section 17, operate to the exclusion of

(a)	Part VIB. of, and the Tenth Schedule to, the Companies Act 1961; and
(b)	the Company Take-overs Act

1979. " .

(2) Subsection (2) of section 18 of the principal Act is amended by deleting "1961-1980" and substituting the following-

" 1961-1981 " .

Ss. 7 and 8

repealed and 12. Sections 7 and 8 of the principal Act are

substituted. repealed and the following sections substituted

Incorpora-	CC 7. (1) The provisions applying by reason
tion in Com-
panies

(Western	of section 4 are incorporated with, and shall
Australia)
Code.	be read as one with, the Companies (Western
Australia) Code.

1982.] Companies (Consequential [No. 10.

Amendments).

(2) The provisions applying by reason of section 6 are incorporated with, and shall be read as one with, regulations applying under the Companies (Western Australia) Code.

8. For the purposes of the operation of gi=s°1

the Companies (Western Australia) Code and 2:4=2%

regulations applying under that Code and the a°de•

performance of functions and the exercise of

powers under that Code or those regulations,

with respect to the provisions of, or matters

relating to or arising under, the applied

provisions

(a)	references in that Code or those regulations to documents submitted to, or lodged with, the Commission shall be construed as references to documents submitted to, or lodged with, the Commission under the applied provisions; and
(b)	references in those regulations to the Companies (Western Australia) Code shall, in accordance with subsection (1) of section 7, be construed as references to that Code with the incorporation of, and as read as one with, the provisions applying by reason of section 4. " .

13. Schedule 1 to the principal Act is amended— rendment Schedule 1.

(a) in clause 1, by repealing paragraph (a) and

substituting the following paragraph-

" (a) for the passage "Companies Act 1981" in the Commonwealth Act (wherever occur- ring) there were substituted the passage

"Companies (Western Australia) Code";

" ; and

No. 10.] Companies (Consequential [1982.

Amendments).

(b) by inserting, after clause 3, the following clause

'C 3A. In subsection (4) of section 38 of the

Commonwealth Act, for the words "law of the place" (where twice occurring) there were substituted the words "law in force in the place". "

Amendment

of	14. Schedule 1 to the principal Act is amended
Schedule 1.

(a) in clause 1, by repealing paragraph (e) and substituting the following paragraph-

" (e) for the words "law of a State or of another Territory" and "law of a State or another Territory" in the Commonwealth Act (wherever occurring) there were substituted the words "law in force in another State or in a Territory". " ; and

(b) by inserting, after clause 2, the following clause-

" 2A. After section 6 of the Commonwealth

Act there were inserted the following section:

References " 6A. In this Code

to previous laws.	(a)	a reference to a previous law, or provision of a previous law, or previous enactment, of Western Australia or of the State corres- ponding to, or to a provision of, this Code includes a reference to,
or to a provision of, the Companies
Act 1961; and
(b)	a reference to a previous law, or provision of a previous law, or pre- vious enactment, of a State other than Western Australia or of another State corresponding to, or to a provision of, this Code includes a reference to, or to a provision of, that law of that State cor-
responding to the Companies Act
1961. " .

PART V.—AMENDMENTS TO SECURITIES INDUSTRY

(APPLICATION OF LAWS) ACT 1981.

Citation of

principal 15. In this Part, the Securities Industry (Appli-

Act.

cation of Laws) Act 1981 is referred to as the prin-

cipal Act.

1982.] Companies (Consequential [No. 10.

Amendments).

A.

16. after section 15 a new section as follows: The principal Act is amended by inserting Inserted

‘ ptions e

CI

15A. (1) Where the Ministerial Council from

approves an exemption of a right or interest, =It-, the Governor may make regulations declaring that right or interest, or a right or interest included in that class or kind of rights or interests, to be an exempt right or interest or a class or kind of exempt rights or interests for the purposes of that paragraph.

or a right or interest included in a class or

kind of rights or interests, to be an exempt

right or interest or a class or kind of exempt

rights or interests for the purposes of para-

graph (g) of the interpretation of "prescribed

interest" in subsection (1) of section 4 of the

(2) Regulations under subsection (1) shall be read and construed as one with the Securities Industry (Western Australia) Regulations. " .

17.    Schedule 1 to the principal Act is amended— cAfmendment

Schedule 1.

(a) in clause 1, by repealing paragraph (a) and substituting the following paragraph-

" (a) for the passage "Companies Act 1981" in the Commonwealth Act (wherever occurring) there were substituted the passage "Companies (Western Australia)

Code"; " ;

(b) in clause 2, by repealing subclause (2) and substituting the following subelause-

tf

(2) In subsection (7) of section 4 of the Commonwealth Act, for the words "that Act" there were substituted the words "that Code". " ;

No. 10.] Companies (Consequential [1982.

Amendments).

(c) by repealing clause 11 and substituting the following clause-

" 11. In section 30 of the Commonwealth

Act

(a) in subsection (4)—

(i)   at the end of paragraph (a), the word "and" were repealed; and

(ii)   in paragraph (b), for the word "Commonwealth" there were substituted the following pas- sage and paragraph:

"State; and

(c) the Commonwealth Minis- ter may cause to be printed and published the whole or any part of a report under this Division that relates to an investigation the expenses of which are, under the Agreement, to be borne by the Common- wealth. " ;

and

(b) in subsection (5), for the words "Ministerial Council or the Minister" (where three times occurring) there were substituted the passage "Minis- terial Council, the Minister or the Commonwealth Minister". " ;

(d) by inserting, after clause 13, the following clause-

CC

13A. In paragraph (b) of section 48 of the Commonwealth Act, for the words "of a State or of another Territory" (where twice occur- ring) there were substituted the words "in force in another State or in a Territory". " ;

1982.] Companies (Consequential [No. 10.

Amendments).

(e) by repealing clause 17 and substituting the

following clause

it	17. (1) In paragraph (e) of subsection (2) of section 75 of the Commonwealth Act, for the words "of a participating State or a" there were substituted the words "in force in a participating State or".
(2) In paragraph (e) of subsection (3) of section 75 of the Commonwealth Act, for the passage "Business Names Ordinance 1963" there were substituted the passage "Business Names Act 1962".
(3) In paragraph (f) of subsection (3) of section 75 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a participating State or".

In subsection (19) of section 75 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a partici- pating State or".

(4)

In subsection (20) of section 75 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a participating State or". " ;

(5)

and

(f) by inserting after clause 17A the following

clause-

17B. In subsection (9) of section 76 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a partici- pating State or". " .

18. (1) Section 5 of the principal Act is amended "ATM S'

by deleting "applies to the" and substituting the Sebedule 1.

following

"applies to the".

No. 10.] Companies (Consequential [1982.

Amendments).

(2) Schedule 1 of the principal Act is amended

(a) in clause 10, by deleting "Ordinance" and substituting the following

"ordinance" ; and

(b) in clause 24, at subsection (6) of section 151A, by deleting "section 134" and substi- tuting the following

"section 133".

Amendment

of	19. Schedule 1 to the principal Act is amended
Schedule 1.

(a) in clause 1, by repealing paragraph (c) and substituting the following paragraph

(c) for the words "law of a State or of another Territory" in the Commonwealth Act (wherever occurring) there were substituted the words "law in force in another State or in a Territory"; " ;

(b) by inserting, after subelause (2) of clause 2, the following subclause-

" (3) After subsection (9) of section 4 of the

Commonwealth Act there were inserted the

following subsection:

(10) In this Code

(a)	a reference to a previous law, or provision of a previous law, or previous enactment, of Western Australia or of the State corres- ponding to, or to a provision of, this Code includes a reference to, or to a provision of, the Securities Industry Act 1975; and
(b)	a reference to a previous law, or provision of a previous law, or previous enactment, of a State other than Western Australia or of another State corresponding to, or to a provision of this Code includes a reference to, or to a provision of, the law of that State corresponding to the Securities Industry Act 1975. " .

1982.] Companies (Consequential [No. 10.

Amendments).

(c) by inserting, after clause 4, the following clause-

" (4A) In subsection (2) of section 9 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a partici- pating State or". " ; and

(d) by repealing clause 16 and substituting the following clause-

16. For subsection (5) of section 60 of the Commonwealth Act there were substituted the following subsection:

(5) A person disqualified or deemed to be disqualified, either permanently or for a period, from holding a licence

(a)	under the corresponding law in force in another State or in a Territory by reason of an order of a court under that correspond- ing law or by reason of a provision of that corresponding law; or
(b)	by reason of an order of a court

under section 47 of the Securities

Industry Act 1975 or under a

corresponding provision of a previous law or under a provision of a law, or a previous law of another State,

shall, while he is so disqualified or deemed to be disqualified, be deemed to be disqualified from holding a licence under this Code. " .

Amendment

20. After clause 17 of Schedule 1 to the principal Act there shall be inserted the following clause-	of
Schedule 1.

t< 17A. In paragraph (a) of subsection (2) of section

81 of the Commonwealth Act, for the words "of a participating State or of a" there were substituted the words "in force in a participating State or" . "

No. 10.] Companies (Consequential [1982.

Amendments).

Exempt

interests	21. Where, immediately before the commence-
under

s. 76 (1) (g)	ment of this section, an interest or right was an
of the
Companies	exempt interest for the purposes of paragraph (g)
Act 1061.
of subsection (1) of section 76 of the Companies Act 1961, that interest or right shall be deemed to have been an exempt interest for the purposes of paragraph (g) of the interpretation of "prescribed interest" in subsection (1) of section 4 of the Securities Industry (Western Australia) Code during the period during which it was an exempt interest for the purposes of paragraph (g) of subsection (1) of section 76 of the Companies Act 1961.
Amendment

of 22. At the end of Schedule 2 to the principal Act

Schedule 2. there shall be inserted the following clause-

6. For the words "Securities Industry Regulations" (wherever occurring) there were substituted the passage "Securities Industry (Western Australia) Regulations". " .

PART III.—AMENDMENTS TO COMPANIES

(APPLICATION OF LAWS) ACT 1981.

Citation of

principal 23. In this Part, the Companies (Application of

Act. Laws) Act 1981 is referred to as the principal Act.

Amendment	24.	Schedule 1 of the principal Act is amended
of Schedule 1.

(a) by inserting, after clause 5, the following clause-

5A. In section 18 (7) (a) of the Common- wealth Act, after the words "Companies Auditors and Liquidators Disciplinary Board" there were inserted the passage "constituted under the Companies (Administration) Act 1982". "

1982.] Companies (Consequential [No. 10.

Amendments).

(b) by inserting, after clause 6, the following clause-

tt 6A. In section 20 (8) (a) and (9) (a) of the Commonwealth Act, after the words "Companies Auditors and Liquidators Disci- plinary Board" there were inserted the passage "constituted under the Companies (Administration) Act 1982". " ; and

(c) by inserting, after clause 8, the following clause

IC

8A. At the end of section 27 (28) of the Commonwealth Act there were inserted the passage "constituted under the Companies (Administration) Act 1982". " ;

PART VII.—AMENDMENTS TO COMPANY TAKE-OVERS

ACT 1979.

25. In this Part, the Company Take-Overs Act principal Act.

1979-1980 is referred to as the principal Act.

Amendment

26. (1) Section 8 of the principal Act is amended,

of ss. 8,9, 39,

42 and

as to paragraph (a) of subsection (2), by deleting

Schedule.

"subparagraph (1) of paragraph (a) of subsection

(2) of section 16" and substituting the following-

" subparagraph (ii) of paragraph (a) of

subsection (2) of section 16 " .

(2) Section 9 of the principal Act is amended, as to subsection (7), by deleting "(7) a" and substituting the following-

" (7) A "

(3)

as to subsection (2), by deleting paragraph (b)

where it first appears.

Section 39 of the principal Act is amended,

Section 42 of the principal Act is amended, in subparagraph (ii) of paragraph (d) of subsection (1), by deleting "by virtue of subparagraph (ii) of paragraph (e)" and substituting the following-

(4)

" by virtue of subparagraph (ii) of paragraph

(c) "

No. 10.] Companies (Consequential [1982.

Amendments).

(5) The Schedule to the principal Act is amended, as to clause 7 of Part A

(a) by deleting "lists" and substituting the following-

" listed ; and

(b) by deleting "exchanged" and substituting the the following-

" exchanges " .

PART VIII.—OTHER AMENDMENTS TO ACTS.

Citation of

amended	27. An Act amended by the provisions of this Act may be cited by reference to its short title and year of enactment followed by the suffix "-1982".
Ante.
Amendment
of other Acts.	28. (1) The Acts referred to in the Schedule to this Act are amended to the extent indicated in that Schedule.
(2) In any Act or regulation, unless the context otherwise requires, a reference to

(a)	a specific provision of the Companies Act, 1961—shall be read and construed as a reference to the corresponding provision of the Companies (Western Australia) Code;
(b)	the Companies Act, 1961, where no provision is specified—shall be read and construed as a reference to the Companies (Western Australia) Code;
(c)	"that Act", where the reference relates to the Companies Act, 1961—shall be read and construed as a reference to "that Code"; and
(d)	the Registrar of Companies, or the Com- missioner for Corporate Affairs, or a Deputy

1982.] Companies (Consequential [No. 10.

Amendments).

or Assistant Registrar of Companies or a Deputy or Assistant Commissioner for Corporate Affairs—shall be read and con- strued as a reference to the Commissioner for Corporate Affairs appointed pursuant to section 4 of the Companies (Administra- tion) Act 1982,

and on a reprint of the Act or regulation pursuant to statutory authority the reference may be altered accordingly.

SCHEDULE. S. 28.

ARCHITECTS ACT 1921.

S. 2(1) Delete, substitute—

definition of	"corpora- "corporation" means any body corporate,	whether formed or incorporated in or
tion".	outside the State, and includes any company, any recognized company, any recognized foreign company, and any foreign company within the meaning of the Companies (Western
Australia) Code; " .

S. 2 (1)

Delete "section six of the Companies Act,

definition of

1961,", substitute "section seven of the

"foreign cor-

Companies (Western Australia) Code".

poration".

S. 22 (1).

Delete "section three hundred and eight of the Companies Act, 1961", substitute "section four hundred and fifty-nine of the Companies

(Western Australia) Code, or a corresponding

provision of a corresponding law of any other

State or Territory of the Commonwealth".

ASSOCIATIONS INCORPORATION ACT 1895.

S. 2 definition Delete, substitute

of "Regis-	"Registrar means the Commissioner for Corporate Affairs appointed pursuant to section 4 of the Companies (Ad- ministration) Act 1982, and includes a Deputy or Assistant Commissioner for Corporate Affairs appointed pur- suant to that Act, or a person acting in any such office. " .
trar".

S. 4A (e). Delete "Companies Act, 1943-1951,", substi- tute "Companies (Western Australia) Code".

No. 10.] Companies (Consequential [1932.

Amendments).

AUCTION SALES ACT 1973.

S. 4 definition	Delete, substitute-
of "corpora-
tion".	" "corporation" means any body corporate, whether formed or incorporated in or outside the State, and includes any company, any recognized com- pany, any recognized foreign com- pany, and any foreign company within the meaning of the Companies

(Western Australia) Code; " .

BILLS OF SALE ACT 1899.

S. 3 (2) (a). Insert "and registered under that Act" after

"Companies Act, 1961".

S. 3.	Insert a new subsection, as follows-
" (3) This Act

(a) does not apply to any charge to

which-

(i)    section two hundred of the

Companies (Western Aus-

tralia) Code;

(ii)  section thirty of the Companies (Application of Laws) Act 1981; or

(iii)  a corresponding provision of a corresponding law of another State or of a Territory of the Common- wealth,

applies;

(b) subject to paragraph (a) of this subsection, continues to apply to any existing charge or assign- ment that before the coming into operation of the Companies (Application of Laws) Act 1981 was registered under this Act unless and until it is registered under Division 9 of Part IV of the Companies

(Western Australia) Code, or the

corresponding provisions of the corresponding law of another State or of a Territory of the Commonwealth, whereupon it is not subject to avoidance under this Act.".

1982.] Companies (Consequential [No. 10.

Amendments).

S. 51. (a) Delete "company or other incor- porated body", substitute "incor- porated body, other than a body to which the Companies (West-

ern Australia) Code or any

corresponding law of another State or Territory of the Com- monwealth applies,".

(b)

Delete "company or", wherever

it appears.

BUILDERS REGISTRATION ACT 1939.

S. 2 definition Delete, substitute

of "Corn " "Company" means a company, a recog- nized company or a recognized foreign company within the meaning of the Companies (Western Austra-

pany " - .

lia) Code or a foreign company

which is registered under Division 5

of Part XIII of that Code. " .

BUILDING SOCIETIES ACT 1976.

5.34 (1) (a). Delete "Companies Act, 1961", substitute

"Companies (Western Australia)

Code".

5.40 (2) (b) Delete "section 38 of the Companies Act, (v). 1961", substitute "section 97 of the Companies

(Western Australia) Code".

5.59 (3) (c). Delete, substitute

CC (c) of any offence-

(i) under section 108, 229, 555 or

556 of the Companies (Western

Australia) Code, section 44 of

the Companies (Acquisition of

Shares) (Western Australia) Code, section 129 of the Securi- ties Industry (Western Austra- lia) Code, any provision of a

law of another State or of a Territory of the Common- wealth that corresponds with any of those provisions, or any offence under a provision of a previous law of the State, of another State or of a Territory of the Commonwealth with which any of those provisions corresponds; or

No. 10.] Companies (Consequential [1982.

Amendments).

(ii) under subsection (3) of section 333 of the Companies Act 1961 as enacted before the 25th day of November 1969, or under any of the corresponding pro- visions of the law of another State or Territory of the Com- monwealth; or".

5.61 (4),	Delete "Companies Act, 1961", substitute
S. 66 (4),	"Companies (Western Australia) Code".
5.67.
S. 70 (1).	(a) Delete "Part VIII and Part IX of the Companies Act, 1961, ", substitute "Part X and Part XI of the Companies (West-

ern Australia) Code, subject to section

581B of that Code".

(b)

Delete "extend", substitute "apply, sub-

ject to subsection (2),".

S. 70 (2).	(a)	Delete "that extension", substitute "the application of the provisions of the Com-
panies (Western Australia) Code pur-
suant to subsection (1)".
(b)	Delete "Commissioner for Corporate Affairs", substitute "Commission".

5.71 (2), Delete "Companies Act, 1961", substitute

S.72. "Companies (Western Australia) Code".

BUSINESS FRANCHISE (TOBACCO) ACT 1975.

S. 2 definition Delete, substitute

of "corpora- "corporation" has the same meaning as

tion".	it has under section 5 (1) of the
Companies (Western Australia) Code, except that for the purposes of
this Act the term includes the bodies that are for the purposes of that Code excluded by paragraphs (c) to (g) of that definition of the term; " .

S. 2 definition	Delete "Companies Act 1961", substitute
of "voting	"Companies (Western Australia) Code".
share".
S. 2A (3),	Delete "section 6 (5) of the Companies Act
S. 2B,	1961", substitute "section 7 (5) of the Com-
S.2D (4).	panies (Western Australia) Code".

1982.] Companies (Consequential [No. 10.

Amendments).

BUSINESS NAMES ACT 1962.

S.4 (1)	Delete, substitute
definition of

"Commis-

"Commissioner" means the Commissioner

for Corporate Affairs appointed pur-

sioner". suant to section 4 of the Companies (Administration) Act 1982, and in- cludes a Deputy or Assistant Com- missioner for Corporate Affairs appointed pursuant to that Act, or a person acting in any such office. " .

S.4 (1)	Delete, substitute-
definition of
"corpora-	" "corporation" has the same meaning as

tion".	in section 5 of the Companies (West-
ern Australia) Code; " .

S.4 (1)	Delete "Division 3 of Part XI of the Com-
definition of	panies Act, 1961,", substitute "Division 5 of
"secretary".	Part XIII of the Companies (Western Austra-
lia) Code".
S. 5A (1) (c).	Delete "specified in paragraph (c) of sub- section (1) of section one hundred and twenty-two of the Companies Act, 1961", sub- stitute "specified in paragraph (c) or referred to in paragraph (d) of subsection (1) of section 227 of the Companies (Western Aus-
tralia) Code".
S. 19 (1) (d),	Delete "Companies Act, 1961", substitute
26 (2).	"Companies (Western Australia) Code".
COMPANIES	(CO-OPERATIVE) ACT 1943.
S. 3 defini-	Delete, substitute
tion of	et

"Registrar". "Registrar" means the Commissioner for Corporate Affairs appointed pursuant to section four of the Companies (Administration) Act 1982. "

CO-OPERATIVE AND PROVIDENT SOCIETIES ACT 1903.

5.27. (a) In paragraph (e), delete "registered under the Companies Act, 1893:", substi- tute "or recognized company within the meaning of the Companies (Western

Australia) Code.".

(b) Delete the last sentence.

No. 10.] Companies (Consequential [1982.

Amendments).

S. 42 (1).	(a) Delete "convert itself into", substitute "seek incorporation as".
(b) Delete "Act", substitute "law".
S.42 (2).	Delete.

S.42 (3). Delete "have priority as against the property of such company over all other rights or claims against or liabilities of such com- pany", substitute "be enforceable as against the property of such company".

S.43 (1). (a) Delete "A company registered under any Act for the time being in force relating to the incorporation of companies", sub- stitute "A company within the meaning of the Companies (Western Australia) Code".

(b)

Delete "convert itself into", substitute

`seek registration as".

S. 43 (2).	(a) Delete "A resolution for the conversion of a company into", substitute "An ap- plication for the registration of a com- pany as".
(b) Delete "shall appoint", substitute "a copy of a special resolution referring to the proposed rules appointing".

S. 43 (3). Delete "With the rules, a copy of the special resolution for conversion of the company into a registered society shall be sent to the Registrar, who", substitute "The Registrar".

S. 43 (4).	Delete, substitute
it

(4) Effect shall not be given by the Registrar to an application for the regis- tration of a company as a registered society unless, after consultation with the Commissioner for Corporate Affairs, he is satisfied

(a)	that provision is made for the voluntary winding up of the company;
(b)	as to the extent to which, and the manner in which, the con- stituent documents of the society provide for the affairs of the company, its members and creditors pending dissolution of the company; and

19821 Companies (Consequential [No. 10.

Amendments).

(c) that the Commissioner for Cor- porate Affairs is not aware of any failure of the company to comply with any requirement of the Companies (Western Aus-

tralia) Code or the Companies

Act 1961 that remains applicable

to it. "

5.43 (5). (a) Delete "Upon the conversion of a com- pany into a registered society, the registry of the company shall become void, and shall be cancelled by the Regis- trar of Companies; but the", substitute "The".

(b) Delete "society: And every such right or claim, and the liability to such penalty, shall have priority as against the pro- perty of such society over all other rights or claims against or liabilities of the society.", substitute "society.".

S. 46 (1). Delete, substitute

(1) by order of the Court, or pursuant to a special resolution for the winding up of the society, in any mode applicable to a company under the Companies

(Western Australia) Code the provisions

whereof may be applied to and in relation to a registered society for the purpose of such winding up as though it were such a company; or "

CREDIT UNIONS ACT 1979.

S. 4

Delete, substitute-

definition of

"debenture".

" "debenture" has the same meaning as

in subsection (1) of section 5 of the

Companies (Western Australia)

Code;".

S.4	Delete "subsection (7) of section 38 of the
definition of	Companies Act, 1961", substitute "subsection
"prescribed	(7) of section 97 of the Companies (Western
corporation".	Australia) Code".

S. 4 definition Delete "Companies Act, 1961", substitute

of "registered	"Companies (Western Australia)
company	Code".
auditor".

No. 10.] Companies (Consequential [1982.

Amendments).

S.4 definition	Delete "Companies Act, 1961", substitute
of "transpar-	"Companies (Western Australia) Code".

ency".

S. 5 (1). Delete "the Companies Act, 1961,", substitute

"and to section 581B of that Code, the Com-

panies (Western Australia) Code".

S.5 (2).	(a)	Delete "Companies Act, 1961", substitute
"Companies (Western Australia) Code".
(b)	Delete "rules and regulations made under the Companies Act, 1961 under or", sub- stitute "the Companies (Application of Laws) Act 1981 and any rules and regula- tions in force".
(c)	Insert "of that Act and" before "of those rules".
S.11 (1).	(a)	Insert ", and of any rules and regulations made under that Act applicable thereto,
as in force immediately prior to the
coming into operation of the Companies (Application of Laws) Act 1981" after "1961".
(b)	Delete "extend", substitute "apply, sub- ject to subsection (2),".

S. 11 (2).

Delete "extension", substitute "application

for the purposes of this Act".

S. 11 (3). (a) Delete "Part VIII of the Companies Act, 1961", substitute "Part X of the Com- panies (Western Australia) Code".

(b)

Delete "extend", substitute "apply, sub-

ject to subsection (4),".

S. 11 (4).	(a) Delete "extension", substitute "applica- tion for the purposes of this Act".
(b) Delete "Commissioner", substitute "Com- mission".
S.51 (1) (e).	Delete "section 38 of the Companies Act, 1961", substitute "section 97 of the Companies
(Western Australia) Code".

S.	65 (2) (a)	Delete, and substitute
(iii).	CC

(iii) of any offence under subsection (3) of section 333 of the Companies Act 1961 as enacted before the 25th day of November 1969, or under any of

1982.] Companies (Consequential [No. 10.

Amendments).

the corresponding provisions of the law of another State or Territory of the Commonwealth; or " .

S. 78 (2),	Delete "Companies Act, 1961", substitute
S.101 (2).	Companies (Western Australia) Code".

5.102 (1), (2) Delete "Part X of the Companies Act, 1961", and 5.103. substitute "Part XII of the Companies

(Western Australia) Code".

5.102 (1).

Delete "subdivision (5) of Division 4", sub-

stitute "subdivision F of Division 4".

S.102 (2) (c). Delete "Commissioner", substitute "Com-

mission".

S. 102 (2) (e). Delete "paragraphs (d) and (e) of subsection (1) of section 218 of the Companies Act, 1961", substitute "paragraphs (e) and (f) of subsection (1) of section 360 of the Com-

panies (Western Australia) Code".

S.102 (2) (f). Delete "sections 270, 271, and 272 of the Companies Act, 1961", substitute "sections 409, 410, and 411 of the Companies (Western

Australia) Code".

S. 115. (a) Delete "Division 5 of Part X of the Companies Act, 1961,", substitute "Divi- sion 6 of Part XII of the Companies

(Western Australia) Code".

(b) Insert ", a reference in those provisions to the Commission being construed as a reference to the Registrar of Credit Unions under this Act" after "accord- ingly".

5.135 (1). Delete "sections 374A to 374E, both inclusive, of the Companies Act, 1961", substitute "sub- section (3) of section 553, and of sections 554 to 557 inclusive, of the Companies (West-

ern Australia) Code".

5.135 (2) (b). Delete "Commissioner", substitute "Commis-

sion".

S. 135 (2) (c).	Delete "section 374B to the provisions of section 161A", substitute "section 555 to the provisions of section 267".
S. 135 (2) (d).	Delete, substitute—.

" (d) the reference in paragraph (c) of

the definition of "relevant day" in

subsection (3) of section 553 to

No. 10.] Companies (Consequential [1982.

Amendments).

a day were a reference to "the day upon which the inspector was appointed"; " .

S. 135 (2) (e).	(a)	Delete ", "company to which this Act applies" and "The relevant day" ", substitute " and "relevant day" ".
(b)	Delete "subsection (1) of section 374E", substitute "subsection (3) of section 553".

S. 135 (2) (f). Delete, substitute

the reference in paragraph (f) of the

(f) definition of "relevant day" in subsection (3) of section 553 to a day were a reference to "the day upon which the copies of documents required to be lodged under sub- section (1) of section 183 were last lodged".

S. 142 (1).	Delete "sections 367A, 367B and 367C of the Companies Act, 1961", substitute "sections 541, 542 and 543 of the Companies (Western
Australia) Code".

S.142 (2) (b). Delete "Commissioner", substitute "Commis-

sion".

S. 144 (3). Delete "section 257 of the Companies Act, 1961", substitute "section 395 of the Com-

panies (Western Australia) Code".

DEATH DUTY ASSESSMENT ACT 1973.

S. 69 (3). Delete "section 362 of the Companies Act,

1961", substitute "section 528, 529 or 530 of

the Companies (Western Australia) Code".

EVIDENCE ACT 1906.

S. 79 (2).	Delete "Companies Act 1961", substitute
"Companies (Western Australia) Code".

S. 79 (3) (a). (a) Delete "the State of New South Wales",

substitute "any State or Territory of the

Commonwealth".

(b) Delete "the State of New South Wales, Victoria or Queensland", substitute "any State or Territory of the Commonwealth".

S.79 (3) (b). Delete "Companies Act 1961", substitute "Companies (Administration) Act 1982, the Companies Act 1961, or any corresponding previous enactment".

1982.] Companies (Consequential [No. 10.

Amendments).

FINANCE BROKERS CONTROL ACT 1975.

S. 5 (1) (d)	(a) Delete "Act, 1970", substitute "Western Australia) Code".
(b) Delete "that Act", substitute "that Code".

S. 52 (1), (2). Delete "Companies Act, 1961", substitute

"Companies (Western Australia) Code".

HONEY POOL ACT 1978.

S.25 (2).	Delete "Companies Act, 1961", substitute
"Companies (Western Australia) Code".

S. 27. Delete "an unregistered company for the pur- poses of Part X of the Companies Act, 1961", substitute "a body to which the provisions of Division 6 of Part XII of the Companies

(Western Australia) Code apply".

HOUSING ACT 1980.

S. 55 (4). Delete "section 291 and Division 5 of Part X

of the Companies Act 1961", substitute "section 438 and Division 6 of Part XII of the Companies (Western Australia) Code".

S.55 (5). Delete "Part X of the Companies Act 1961",

substitute "Part XII of the Companies (West-

ern Australia) Code or a corresponding law".

HOUSING AGREEMENT (COMMONWEALTH AND STATE)

ACT 1973.

S. 6 (4). Delete "section 291 and Division 5 of Part X of the Companies Act, 1961", substitute "sec- tion 438 and Division 6 of Part XII of the

Companies (Western Australia) Code".

S. 6 (5). Delete "Division 5 of Part X of the Companies

Act, 1961", substitute "Part XII of the Com-

panies (Western Australia) Code or a corres-

ponding law".

INDUSTRIAL ARBITRATION ACT 1979.

S. 3 (2) (c). Delete "Companies Act, 1961", substitute

"Companies (Western Australia) Code".

LAND TAX ASSESSMENT ACT 1976.

Schedule. Delete "Companies Act, 1961", substitute

Cl. 9 (a) (iii) "Companies (Western Australia) Code". and (iv).

No. 10.] Companies (Consequential [1982.

Amendments).

Cl. 12 (a) (ii). Delete "Companies Act, 1961 to be related by virtue of subsection (5) of section 6 of that Act", substitute "Companies (Western Aus-

tralia) Code to be related by virtue of sub-

section (5) of section 7 of that Code", in

items (II) and (III).

LEGAL AID COMMISSION ACT 1976.

S. 4, S. 60 (7). Delete "Companies Act, 1961", substitute

"Companies (Western Australia) Code".

S. 60 (6). Delete "he is, without affecting any penalty to which he may be liable under that sub- section, guilty of conduct discreditable to an auditor, within the meaning of section 9 of the Companies Act, 1961", substitute "he shall, without affecting any penalty to which he may be liable under that subsection, be taken, for the purposes of paragraph (b) of subsection (4) of section 27 of the Companies

(Western Australia) Code, to have failed to

carry out properly the duties of an auditor".

LEGAL CONTRIBUTION TRUST ACT 1967.

5.32 (1) (b). Delete "section nine of the Companies Act,

1961,", substitute "section 18 of the Companies

(Western Australia) Code".

LEGAL PRACTITIONERS ACT 1893.

S.40 (2). Delete "he is, without affecting any penalty

to which he may be liable under this Act, guilty of conduct discreditable to an auditor, within the meaning of section nine of the Companies Act 1961", substitute "he shall, without affecting any penalty to which he may be liable under this Act, be taken, for the purposes of paragraph (b) of subsection (4) of section 27 of the Companies (Western

Australia) Code, to have failed to carry out

properly the duties of an auditor".

S. 42A (1).	Delete "Companies Act 1961", substitute
"Companies (Western Australia) Code".

LIMITED PARTNERSHIPS ACT 1909.

S. 6 (4). Delete ", shall be by petition under the Com-

panies Act, 1893,", substitute "may be made to the Court under section 363 of the Com-

panies (Western Australia) Code as though

the partnership were a company".

S. 15. Delete "Registrar of Companies", substitute

"Commissioner for Corporate Affairs".

1982.] Companies (Consequential [No. 10.

Amendments).

LOCAL GOVERNMENT ACT 1960.

S. 3 definition Delete, substitute

of "company". "company" means a company, recognized company, recognized foreign com- pany or registered foreign company within the meaning of the Com-

panies (Western Australia) Code; "

5.638.	Delete "Companies Act, 1961", substitute
"Companies (Western Australia) Code".

METROPOLITAN (PERTH) PASSENGER TRANSPORT

TRUST ACT 1957.

5.25 (5) (b) (a) Insert "the Companies (Acquisition of

(iv).

Shares) (Western Australia) Code do not

apply and the provisions of" before "sec-

tion one hundred and sixty of the".

(b)

Delete "Companies Act, 1943", substitute

"Companies (Co-operative) Act 1943".

(c)

Insert, "as if the Trust were a company for the purposes of that Act" after

"mutatis mutandis".

MINING ACT 1978.

5.101.

Insert "Companies (Western Australia) Code

or the" before "Companies Act 1961".

S. 119 (9). Delete "Section 6A of the Companies Act 1961", substitute "Section 8 of the Companies

(Western Australia) Code".

MINING DEVELOPMENT ACT 1902.

S. 3. Delete, substitute

definition of	"Company" means a company, a recog- nized company or a recognized foreign company within the meaning of the Companies (Western Austra-
"Company".

lia) Code or a foreign company which

is registered under Division 5 of Part

XIII of that Code. " .

PAY-ROLL TAX ASSESSMENT ACT 1971.

S. 3 (1) Delete "Companies Act, 1961", substitute definition of "Companies (Western Australia) Code, except "corporation". that for the purposes of this Act the term

includes the bodies that are for the purposes of that Code excluded by paragraphs (c) to (g) of that definition of the term".

No. 10.] Companies (Consequential [1982.

Amendments).

definition of	Delete "Companies Act, 1961", substitute
"voting	"Companies (Western Australia) Code".
share".
S. 16B,	Delete "subsection (5) of section 6 of the
16 D (4).	Companies Act, 1961, to be deemed, for the purposes of that Act", substitute "subsection (5) of section 7 of the Companies (Western
Australia) Code to be deemed, for the pur-
poses of that Code".

S. 16 H. Delete "section 6 (5) of the Companies Act 1961, is to be deemed for the purposes of that Act", substitute "section 7 (5) of the

Companies (Western Australia) Code, is to be

deemed for the purposes of that Code".

S.25 (7).	Delete "Companies Act, 1961,", substitute
"Companies (Western Australia) Code".

5.47 (3). Delete "section 362 of the Companies Act, 1961", substitute "section 528, 529 or 530 of the Companies (Western Australia) Code".

PERPETUAL TRUSTEES W.A. LTD., ACT 1922.

Preamble, (a) Insert "Companies (Western Australia)

definition of	Code, formerly registered under the"
"The Com-	before "Companies Act, 1961,".

pany". (b) Insert "registered under that Act and corresponding previous enactments and then" before "known".

8.21 (2). Delete "section six of the Companies Act, 1961", substitute "section 7 of the Companies

(Western Australia) Code".

S.21 (7) (b). Delete "section six A of the Companies Act, 1961", substitute "section 8 of the Companies

(Western Australia) Code".

S.21 (7) (c). Delete, substitute-

" (c) a person shall be taken to be associated with another person if he would be taken to be so associated for the purposes of the Companies

(Acquisition of Shares) (Western Australia) Code, and "an associate

of a person" shall be construed

accordingly;".

S. 21C. Insert "Division 6 of Part IV of the Companies

(Western Australia) Code and" at the com-

mencement of the section.

PETROLEUM (REGISTRATION FEES) ACT 1967.

S.4 (5) (a).	Delete "Companies Act, 1961", substitute
"Companies (Western Australia) Code".

1982.] Companies (Consequential [No. 10.

Amendments).

PHARMACY ACT 1964.

S. 5 Insert "Companies (Western Australia) Code

definition of or to the" before "Companies Act, 1961".

"Company".

REAL ESTATE AND BUSINESS AGENTS ACT 1978.

S.4 (4) (b). Delete, substitute

(b) stockbrokers who are members of a stock exchange within the meaning of the Securities Industry (Western

Australia) Code when dealing in

securities within the meaning of that

Code. " .

S. 72 (1), (2).	Delete "Companies Act, 1961", substitute
"Companies (Western Australia) Code".

ROAD TRAFFIC ACT 1974.

S.19 (12)	Delete "company as defined in the Companies
(a).	Act, 1961", substitute "company, a recognized company, a recognized foreign company or a foreign company, within the meaning of the
Companies (Western Australia) Code".
S. 112 (5) (a).	Delete "the Companies Act, 1961", substitute "section 4 of the Companies (Administra- tion) Act 1982".
S. 112 (5) (b).	(a)

Insert "a person holding or acting in the

office of a member of the Corporate

Affairs Commission or who is or is act- ing as" before "the officer".

(b) Delete "Act or Ordinance", substitute "law relating to corporations".

RURAL HOUSING (ASSISTANCE) ACT 1976.

S. 15 (1) (b) Delete "Companies Act, 1961", substitute

(i). "Companies (Western Australia) Code".

SALE OF LAND ACT 1970.

S. 19A (1) Delete, substitute

definition of	"Registrar means the Commissioner for Corporate Affairs appointed pursuant to section 4 of the Companies (Ad- ministration) Act 1982, and includes a Deputy or Assistant Commissioner for Corporate Affairs appointed pur- suant to that Act, or a person acting in any such office. " .
"Registrar".

No. 10.] Companies (Consequential [1982.

Amendments).

S. 19A (2) (d) Delete "section 6 of the Companies Act, 1961",

( i)   substitute "section 7 of the Companies (West- ern Australia) Code".

S. 19B (1) (a). Delete "Division 5 of Part IV of the Com- panies Act, 1961", substitute "Division 6 of Part IV of the Companies (Western Austra-

lia) Code".

SECURITY AGENTS ACT 1976.

S.3 definition Delete "Companies Act, 1961", substitute of "corpora- "Companies (Western Australia) Code". tion".

SECURITIES INDUSTRY (RELEASE OF SURETIES) ACT

1977.

S. 2 definition Delete "the Companies Act, 1961", substitute of "the Corn- "section 4 of the Companies (Administration)

missioner". Act 1982".

SETTLEMENT AGENTS ACT 1981.

S.4 (1) (b).	Delete, substitute-
" (b) stockbrokers who are members of a stock exchange within the meaning of the Securities Industry (Western Australia) Code when dealing in securities within the meaning of that Code. "

S. 53 (1), (2). Delete "Companies Act 1961", substitute

"Companies (Western Australia) Code".

STAMP ACT 1921.

S.4 (1)	Delete "Division 5 of Part IV of the Com-
definition of	panies Act, 1961", substitute "Division 6 of
"marketable	Part IV of the Companies (Western Austra-
security".	lia) Code".
Delete "section fifty-four of the Companies Act, 1961,", substitute "section one hundred and thirteen of the Companies (Western Aus-
tralia) Code".
S. 75B (2).	Delete, substitute-
" (2) In this section "company" means a company incorporated pursuant to the Companies (Western Australia)

Code or the Companies Act 1961 or

pursuant to any previous correspond- ing enactment, and "foreign corn-

1982.] Companies (Consequential [No. 10.

Amendments).

pany" means a foreign company to which Division 5 of Part XIII of the

Companies (Western Australia) Code

applies. " .

S. 92 Delete, substitute

definition of "person resident in the State" includes

"person resi-	any body corporate
dent in the

State".

(a) which is a corporation within

the meaning of the Companies

(Western Australia) Code; or

(b) which carries on business in the State;".

S. 112B.	Delete paragraph (b), substitute-
" (b) the security or the right is listed for quotation on the stock market of, or permission to deal in the shares on a stock market has been granted by, any stock exchange. " .
S. 112HA (4)	Delete "section one hundred and fifty-seven
definition of	of the Companies Act, 1961,", substitute
"branch	"Section two hundred and sixty-two of the
register".	Companies (Western Australia) Code".
S. 112HA (4)	Delete, substitute-
definition of	" "company" has the same meaning as is

"company".	in section five of the Companies
(Western Australia) Code; " .

S. 112HA (4)	Delete, substitute
definition of

"principal "principal register" has the same mean-

register".

ing as in section five of the

Companies (Western Australia)

Code. " .

S. 1211 (1)

Delete "section six of the Companies Act,

definition of

1961,", substitute "section seven of the

"discount

Companies (Western Australia) Code".

transaction".

Third

Schedule,

Item 1 (4)

Delete "company", substitute "corporation".

(b).

Item 7 (7)

Delete section 38 of the Companies Act, 1961",

(a).

substitute "section 97 of the Companies

(Western, Australia) Code".

No. 10.] Companies (Consequential [1982.

Amendments).

SUITORS' FUND ACT 1964.

S. 3 Delete "Companies Act, 1961", substitute

definition of "Companies (Western Australia) Code".

"company".

S. 15A.	Delete "Companies Act, 1961,", substitute
"Companies (Western Australia) Code".

SUPREME COURT ACT 1935.

S. 25 (1). Delete "Companies Act, 1893", substitute

"Companies (Western Australia) Code, the

Companies Act 1961 or any corresponding

previous enactment".

S. 145 (3). Delete "section two hundred and twenty- eight of the Companies Act, 1961", substitute "subsection (3) of section three hundred and sixty-eight of the Companies (Western

Australia) Code".

THE CRIMINAL CODE.

S. 418.	Insert "or law" after "Act".
S. 489.	Delete "Joint stock".
S. 511.	Insert "or law" after "Act".
S. 548.	Delete "Joint stock".

TRADE UNIONS ACT 1902.

S 6. (a) Delete ", the following Acts, that is to

say,".

(b) Delete "The Companies Act, 1893,", substitute "the Companies (Western

Australia) Code,".

(c)	Delete "and any Acts amending the same respectively", substitute "or any amend- ment thereto".
(d)	Delete "under any of the said Acts", sub- stitute "thereunder".

TRANSFER OF LAND ACT 1893.

5.143 (1). Delete "Registrar of Companies under his

hand and seal to be a true copy of a power of attorney recorded pursuant to the pro- visions of the Companies Act, 1943-1949", substitute "Commissioner for Corporate Affairs to be a true copy of a power of at- torney recorded pursuant to the Companies

(Western Australia) Code, the Companies Act

1961, or any corresponding previous enact-

ment".

1982.] Companies (Consequential [No. 10.

Amendments).

S. 2	In paragraph (a), insert "or law" after "Act".
definition of "Company".

WEST AUSTRALIAN TRUSTEES LIMITED ACT 1893.

S. 1	(a)	Insert "Companies (Western Australia)
definition of	Code, formerly registered under the"
"The	before "Companies Act, 1961,".

Company". (b) Insert "registered under that Act and corresponding previous enactments and then" before "known".

S. 21 (2). Delete "section six of the Companies Act, 1961", substitute "section 7 of the Companies

(Western Australia) Code".

S.21 (7) (b). Delete "section six A of the Companies Act, 1961", substitute "section 8 of the Companies

(Western Australia) Code".

S.21 (7) (c). Delete, substitute

(c) a person shall be taken to be asso- ciated with another person if he would be taken to be so associated for the purposes of the Companies

(Acquisition of Shares) (Western Australia) Code, and "an associate

of a person" shall be construed ac-

cordingly; " .

S. 21C. Insert "Division 6 of Part IV of the Com- panies (Western Australia) Code and" at the commencement of the section.

WORKERS' COMPENSATION SUPPLEMENTATION FUND

ACT 1980.

S. 23.

Delete "Companies Act 1961", substitute

"Companies (Western Australia) Code".

S. 36 (1),

Delete "section 292 (1) of the Companies Act

S.36 (2).

1961", substitute "section 441 of the Com-

panies (Western Australia) Code".