Companies (Corporate Affairs Commission) Amendment Act 1979 (NSW)

C O M P A N I E S ( C O R P O R A T E A F F A I R S COMMISSION)

A M E N D M E N T A C T , 1 9 7 9 , N o . 109

ANNO VICESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 109 , 1 9 7 9 .

An Act to amend the Companies Act, 1961, in consequence of the reconstitution of the Corporate Affairs Commission. [Assented to, 17th May, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Companies (Corporate Affairs Commission) Amendment Act, 1979".

2. (1) This section and section 1 shall commence on the date of assent to this Act.

(2 ) Except as provided in subsection ( 1 ) , this Act shall commence on the day appointed and notified under section 2 (2 ) of the Securities Industry (Corporate Affairs Commission) Amendment Act, 1979.

3. The Companies Act, 1961, is amended in the manner set forth in Schedule 1.

4. An information, charge, complaint or application laid or made in accordance with section 381 (1) of the Companies Act, 1961, before the day appointed and notified under section 2 (2) shall be heard and determined as if it had been laid or made in accordance with section 381 (1) of that Act, as amended by this Act.

SCHEDULE 1.

AMENDMENTS TO THE COMPANIES A C T , 1961.

(1 ) Section 5 ( 1 ) , definition of "Commissioner"—

Omit the definition.

(2 ) (a) Section 7 ( 1 ) —

After "Act", insert "but, except as to the content of a report or recommendation by the Commission or a Commissioner, the Commission and the Commissioners are, in the exercise or performance of powers, authorities, duties or functions under this Act (other than those exercised or performed as an inspector under Part V I A ) subject to the control and direction of the Minister".

(b) Section 7 ( 5 ) —

After "Companies", insert "or the Commissioner for

Corporate Affairs".

(c) Section 7 ( 5 A ) —

After "Companies", insert ", the Commissioner for

Corporate Affairs".

(d) Section 7 ( 6 ) — Omit "the Commissioner or".

(e) Section 7 (6) ( b ) —

Omit "the Commissioner", insert instead "a

Commissioner".

(f) Section 7 ( 7 A ) —

Omit "The Commissioner or a", insert instead "A".

(g) Section 7 ( 7 A ) —

Omit "Commissioner or other", insert instead

"Commission or that".

SCHEDULE 1—continued.

AMENDMENTS TO THE COMPANIES A C T , 1961—continued.

(h) Section 7 ( 7 c ) —

Omit "the Commissioner or" where firstly occurring.

(i) Section 7 ( 7 c ) —

Omit "the Commissioner or" where secondly occurring, insert instead "that".

(j) Section 7 ( 9 ) —

Omit "by the Commissioner", insert instead "so to do".

(k) Section 7 ( 9 B ) —

Omit "by the Commissioner or", insert instead "so to do by".

(1) Section 7 ( 1 0 ) —

Omit "the Commissioner or".

(3) (a) Section 381 (1) ( b ) —

Omit "by the Commissioner, or".

(b) Section 381 (1) ( b ) —

Omit "Commissioner" where secondly occurring,

insert instead "Commission".