Corporations (Ancillary Provisions) Regulations 2021 (Vic)

Version No. 001

Corporations (Ancillary Provisions) Regulations 2021

S.R. No. 80/2021

Version as at

20 July 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Preservation of references to old Corporations legislation

Schedule 1—References in Acts to which section 11(1) of the Corporations (Ancillary Provisions) Act 2001 does not apply

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Corporations (Ancillary Provisions) Regulations 2021

S.R. No. 80/2021

Version as at

20 July 2021

1Objective

The objective of these Regulations is to preserve certain references in certain Acts of Parliament to old Corporations legislation that would otherwise be taken to include references to the new Corporations legislation by virtue of section 11(1) of the Corporations (Ancillary Provisions) Act 2001.

2Authorising provisions

These Regulations are made under sections 11 and 25 of the Corporations (Ancillary Provisions) Act 2001.

3Preservation of references to old Corporations legislation

Section 11(1) of the Corporations (Ancillary Provisions) Act 2001 does not apply in relation to any reference, or any reference of a kind, specified in Column 1 of Schedule 1 in a provision of an Act specified opposite it in Column 2 of Schedule 1.

Schedule 1—References in Acts to which section 11(1) of the Corporations (Ancillary Provisions) Act 2001 does not apply

Regulation 3

Column 1

Column 2

the Corporations Law of Victoria

Section 14(1)(c) of the Alcoa (Portland Aluminium Smelter) Act 1980

Sections 22 and 27 of the Australia and New Zealand Banking Group Limited (NMRB) Act 1991

Section 1(a)(i) of the Australian Catholic University (Victoria) Act 1991

Section 84AA(1) of the Electricity Industry (Residual Provisions) Act 1993

Section 5(1) and (3) of the Financial Sector Reform (Victoria) Act 1999

Preamble to the MacKillop Family Services Act 1998

Section 1A of the Royal Agricultural Show-grounds Act 1931

the Corporations Regulations of Victoria

Section 14(2) of the Bank Integration Act 1992

the Corporations Law

Section 18(2) of the Bank Integration Act 1992

Section 1 of the Construction Industry Long Service Leave Act 1997

Section 251(a)(ii) and (d)(i) of the Duties Act 2000

Sections 4(2) of the Electricity Industry (Residual Provisions) Act 1993

Sections 1(a), 5(4), 14(3), 43(3)(b), 44(3)(b) and (c), 45(3)(b) and 48(5) of the Financial Sector Reform (Victoria) Act 1999

Preamble to, and sections 3 and 21 of, the National Australia Bank and Bank of New Zealand Act 1997

Section 8(b) of the National Rail Corporation (Victoria) Act 1991

Section 6(4)(a) of the St George Bank and Advance Bank Australia Act 1998

Preamble to, and sections 3, 38(2) and 43 of, the Westpac and Bank of Melbourne (Challenge Bank) Act 1996

the Corporations Regulations

Section 6(4)(a) of the St George Bank and Advance Bank Australia Act 1998

the ASC Law

Section 6(4)(a) of the St George Bank and Advance Bank Australia Act 1998

the ASC Regulations

Section 6(4)(a) of the St George Bank and Advance Bank Australia Act 1998

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Corporations (Ancillary Provisions) Regulations 2021, S.R. No. 80/2021 were made on 20 July 2021 by the Governor in Council under sections 11 and 25 of the Corporations (Ancillary Provisions) Act 2001, No. 43/2001 and came into operation on 20 July 2021.

The Corporations (Ancillary Provisions) Regulations 2021 will sunset 10 years after the day of making on 20 July 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Corporations (Ancillary Provisions) Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.