Corporations (Consequential Amendments) Act 2001 (WA)

Western Australia

Corporations (Consequential Amendments) Act

2001

Western Australia

Corporations (Consequential Amendments) Act

2001

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Acts Amendment and Repeal*

(Financial Sector Reform) Act

1999

3.	The Act amended	4
4.	Section 4A inserted	4

4A.

Administrative functions and powers

conferred on relevant Commonwealth

bodies

5.	Section 20 amended	5
Part 3 — *Architects Act 1921*
6.	The Act amended	6
7.	Section 2 amended	6
8.	Section 22 amended	7
Part 4 — *Associations Incorporation*

Act 1987

9.	The Act amended	8
10.	Section 3A inserted	8

3A.

Incorporated associations excluded from

Corporations legislation

Corporations (Consequential Amendments) Act 2001

Contents

11.	Section 30 amended and saving	10
12.	Section 31 amended	10
13.	Section 32 replaced	11

32. Modifications of applied text of

Corporations Act

14.	Section 39 amended	12
Part 5 — *Auction Sales Act 1973*
15.	Auction Sales Act 1973 amended	13
Part 6 — *Bank of Western Australia*

Act 1995

16.	The Act amended	14
17.	Section 19 amended	14
18.	Section 23 amended	14
19.	Section 25 replaced	15

25. Operation of sections 23 and 24 excluded

from the Corporations legislation

20.	Section 27 amended	15
Part 7 — *Betting Control Act 1954*
21.	The Act amended	16
22.	Section 4 amended	16
23.	Section 6A amended	16
Part 8 — *Bills of Sale Act 1899*
24.	The Act amended	17
25.	Section 3 amended	17
26.	Section 6 amended	17
27.	Section 51 amended	18
Part 9 — *Builders’ Registration Act*

1939

28.	The Act amended	19
29.	Section 2 amended	19
30.	Section 23A amended	19

Corporations (Consequential Amendments) Act 2001

Contents

Part 10 — Building and Construction Industry Training Fund and Levy Collection Act 1990

31.	The Act amended	20
32.	Section 5 amended	20
33.	Schedule 1 amended	20
Part 11 — *Building Societies Act 1976*
34.	The Act amended	21
35.	Section 5B inserted	21

5B.

Building societies excluded from

Corporations legislation

36.	Section 5B repealed	22
Part 12 — *Commercial Tenancy*

(Retail Shops) Agreements Act

1985

37.	The Act amended	23
38.	Section 3 amended	23
39.	Section 13A amended	23
Part 13 — *Companies (Co-operative)*

Act 1943

40.	The Act amended	24
41.	Division 3A inserted	24
Division 3A — Relationship with the Corporations

legislation

11A.

Co-operative companies excluded from

Corporations legislation

42.	Section 176A amended	26
Part 14 — *Construction Industry*

Portable Paid Long Service Leave

Act 1985

43.	The Act amended	27
44.	Section 3 amended	27
45.	Section 38 amended	27

Corporations (Consequential Amendments) Act 2001

Contents

Part 15 — Consumer Credit (Western

Australia) Act 1996

46. Consumer Credit (Western Australia) Act 1996

amended

Part 16 — Co-operative and Provident

Societies Act 1903

47.	The Act amended	30
48.	Section 2A inserted	30

2A.

Registered societies excluded from

Corporations legislation

49.	Section 27 amended	32
50.	Section 43 amended	32
51.	Section 46 replaced	32

46.

Dissolution of a registered society

Part 17 — Credit Act 1984

52.	The Act amended	34
53.	Section 5 amended	34
54.	Section 164 amended	35
Part 18 — *Credit (Administration)*

Act 1984

55.	The Act amended	36
56.	Section 4 amended	36
57.	Section 58 amended	36
Part 19 — *Debits Tax Assessment*

Act 1990

58.	Debits Tax Assessment Act 1990 amended	37
Part 20 — *Door to Door Trading*

Act 1987

59.

Door to Door Trading Act 1987 amended

19. Prohibition on securities hawking

unaffected by this Act

Corporations (Consequential Amendments) Act 2001

Contents

Part 21 — Education Service

Providers (Full Fee Overseas

Students) Registration Act 1991

60.	The Act amended	40
61.	Section 11 amended	40
62.	Section 22 amended	40
Part 22 — *Electricity Corporation*

Act 1994

63.	The Act amended	41
64.	Section 3 amended	41
65.	Section 84 amended	41
66.	Section 88 amended	41
67.	Schedule 2 amended	43
68.	Schedule 3 amended	43
Part 23 — *Environmental Protection*

Act 1986

69.	The Act amended	45
70.	Section 7 amended	45
71.	Section 55 amended	45
72.	Section 58 amended	45
Part 24 — *Fair Trading Act 1987*
73.	The Act amended	47
74.	Section 4 amended	47
75.	Section 81 amended	47
Part 25 — *Financial Administration*

and Audit Act 1985

76.	The Act amended	48
77.	Section 3 amended	48
78.	Section 78A amended	48
79.	Section 81 amended	49
Part 26 — *Financial Institutions Duty*

Act 1983

80.

The Act amended

Corporations (Consequential Amendments) Act 2001

Contents

81.	Section 3 amended	50
82.	Section 64 amended	50
83.	Section 73 amended	50
Part 27 — *Gaming Commission*

Act 1987

84.	The Act amended	51
85.	Section 12 amended	51
86.	Section 27 amended	51
87.	Section 37 amended	51
88.	Section 38 amended	51
Part 28 — *Gas Corporation (Business*

Disposal) Act 1999

89.	The Act amended	53
90.	Section 3 amended	53
91.	Section 10 amended	53
92.	Section 12A inserted	53

12A.

Exclusion of Corporations legislation

Part 29 — Grain Marketing Act 1975

93.	The Act amended	55
94.	Section 13 amended	55
95.	Section 19 amended	55
Part 30 — *Health Act 1911*
96.	Health Act 1911 amended	56
Part 31 — *Housing Societies Act 1976*
97.	The Act amended	57
98.	Section 5 amended	57
99.	Section 5C inserted	58

5C.

Housing societies excluded from

Corporations legislation

100.	Section 59 amended	59
101.	Section 61 amended	60
102.	Section 66 amended	60
103.	Heading to Part VIII amended	61
104.	Section 70 replaced	61

70.

Receivers etc.

105.

Section 71 amended

Corporations (Consequential Amendments) Act 2001

Contents

106.	Section 72 amended	62
Part 32 — *Human Reproductive*

Technology Act 1991

107.	The Act amended	63
108.	Section 3 amended	63
109.	Section 53 amended	63
Part 33 — *Industrial Relations Act*

1979

110.	The Act amended	64
111.	Section 3 amended	64
112.	Section 65 amended	64
113.	Section 96H amended	64
Part 34 — *Legal Contribution Trust*

Act 1967

114.	Legal Contribution Trust Act 1967 amended	65
Part 35 — *Legal Practitioners Act*

1893

115.	The Act amended	66
116.	Section 38 amended	66
117.	Section 40 amended	66
118.	Section 42A amended	66
119.	Schedule 2 amended	66
Part 36 — *Local Government Act 1995*
120.	The Act amended	67
121.	Section 2.21 amended	67
122.	Section 5.74 amended	67
123.	Section 5.84 amended	68
124.	Section 7.1 amended	68
Part 37 — *Members of Parliament* *(Financial Interests) Act 1992*
125.	The Act amended	69
126.	Section 3 amended	69
127.	Section 11 amended	70

Corporations (Consequential Amendments) Act 2001

Contents

Part 38 — Mental Health Act 1996

128.	Mental Health Act 1996 amended	71
Part 39 — *Mining Act 1978*
129.	The Act amended	72
130.	Section 8 amended	72
131.	Section 56A amended	72
132.	Section 64 amended	72
133.	Section 70 amended	73
134.	Section 85B amended	73
135.	Section 101 amended	73
136.	Section 109A amended	73
Part 40 — *National Rail Corporation*

Agreement Act 1992

137. National Rail Corporation Agreement Act 1992

amended

Part 41 — Nurses Act 1992

138.

The Act amended

139.

Section 56 amended

140.

Schedule 1 amended

Part 42 — Osteopaths Act 1997

141.

The Act amended

142.

Section 3 amended

143.

Section 38 amended

144.

Section 43 amended

145.

Section 92 amended

146.

Schedule 1 amended

147.

Schedule 2 amended

Part 43 — Pay-roll Tax Assessment

Act 1971

148.	The Act amended	78
149.	Section 3 amended	78
150.	Section 16B amended	78
151.	Section 16D amended	79
152.	Section 16H amended	79
153.	Section 25 amended	79

Corporations (Consequential Amendments) Act 2001

Contents

154.	Section 47 amended	79
Part 44 — *Perth International Centre*

for Application of Solar Energy

Act 1994

155. Perth International Centre for Application of Solar

Energy Act 1994 amended

Part 45 — Port Authorities Act 1999

156.

The Act amended

157.

Section 3 amended

158.

Section 87 amended

159.

Section 91 amended

160.

Schedule 3 amended

161.

Schedule 5 amended

Part 46 — Rail Freight System Act

2000

162.	The Act amended	85
163.	Section 12 amended	85
Part 47 — *Security and Related*

Activities (Control) Act 1996

164. Security and Related Activities (Control) Act 1996

amended

Part 48 — Stamp Act 1921

165.

The Act amended

166.

Section 4 amended

167.

Section 63 amended

168.

Section 73E amended

169.

Section 74A amended

170.

Section 75J amended

171.

Section 75JAA inserted

75JAA.

Meaning of dormant body corporate

172.

Sections 75JE and 75JF amended

173.

Section 75JG amended

174.

Section 76 amended

175.

Heading to Part IIIBA Division 2 amended

176.

Section 76AI amended

Corporations (Consequential Amendments) Act 2001

Contents

177.	Heading to Part IIIBA Division 3 replaced	92
Division 3 — Corporations incorporated, or taken to

be registered, outside the State, and certain

other companies not within Division 2

178.	Section 76AP amended	92
179.	Section 76AR amended	92
180.	Section 112AB amended	93
181.	Section 112B amended	93
182.	Section 112FR amended	93
183.	Section 112H amended	94
184.	Section 112HA amended	94
185.	Section 112HB repealed	94
186.	Section 112UE amended	94
187.	Third Schedule amended	95
Part 49 — *Strata Titles Act 1985*
188.	The Act amended	96
189.	Section 32 amended	96
Part 50 — *Taxation (Reciprocal*

Powers) Act 1989

190.	Taxation (Reciprocal Powers) Act 1989 amended	97
Part 51 — *The Partnership Act 1895*
191.	The Act amended	98
192.	Section 4 amended	98
193.	Section 11 amended	98
Part 52 — *Totalisator Agency Board*

Betting Act 1960

194.	The Act amended	99
195.	Section 6 amended	99
196.	Sections 27 and 27A amended	99
Part 53 — *Trustee Companies Act*

1987

197.	The Act amended	100
198.	Section 3 amended	100
199.	Section 21 amended	101
200.	Section 29 amended	101

Corporations (Consequential Amendments) Act 2001

Contents

201.	Section 34 amended	101
202.	Section 35 amended	102
203.	Section 36 amended	102
Part 54 — *Water Corporation Act*

1995

204.	The Act amended	103
205.	Section 3 amended	103
206.	Section 82 amended	103
207.	Section 86 amended	104
208.	Schedule 2 amended	105
209.	Schedule 3 amended	105
Part 55 — *Western Australian Land*

Authority Act 1992

210.	The Act amended	107
211.	Section 22 amended	107
212.	Schedule 1 amended	107
Part 56 — *Western Australian*

Treasury Corporation Act 1986

213.	The Act amended	108
214.	Section 10 amended	108
215.	Schedule 1 amended	108
216.	Schedule 2 amended	108
Part 57 — *Workers’ Compensation*

and Rehabilitation Act 1981

217.	The Act amended	109
218.	Section 5 amended	109
219.	Section 175B amended	109
Part 58 — Minor changes to other

Acts

220. Changing “Corporations Law” to “Corporations

Act 2001 of the Commonwealth” in various Acts

110

221. Changing “Companies (Western Australia) Code” to “Corporations Act 2001 of the Commonwealth” in

various Acts

112

Corporations (Consequential Amendments) Act 2001

Contents

222. Changing “Securities Industry (Western Australia)

Code” to “Corporations Act 2001 of the

Commonwealth” in various Acts

113

Western Australia

Corporations (Consequential Amendments)

Act 2001

No. 10 of 2001

An Act to amend various Acts as a consequence of the purposes.

[Assented to 28 June 2001]

The Parliament of Western Australia enacts as follows:

Corporations (Consequential Amendments) Act 2001

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Corporations (Consequential

Amendments) Act 2001.

2. Commencement

(1)	Subject to this section, this Act comes into operation at a time fixed by proclamation.
(2)	Different times may be fixed under subsection (1) for different provisions.
(3)	A time fixed under subsection (1) may be a time that is earlier than the beginning of the day on which the proclamation is published in the Gazette, not being a time earlier than immediately before the coming into operation of the Corporations Act 2001 of the Commonwealth.
(4)	Section 1 and this section come into operation at the beginning of the day on which this Act receives the Royal Assent.
(5)	If the Corporations Act 2001 of the Commonwealth comes into operation before the Building Societies Amendment Act 2001 comes into operation —

(a)	sections 34 and 35 come into operation immediately after the Corporations Act 2001 of the Commonwealth comes into operation;
(b)	section 36 comes into operation immediately before the Building Societies Amendment Act 2001 comes into operation; and
(c)	Part 31 comes into operation immediately after the Building Societies Amendment Act 2001 comes into operation.

Corporations (Consequential Amendments) Act 2001

Preliminary

Part 1

s. 2

(6)	If the Corporations Act 2001 of the Commonwealth comes into operation at the same time as, or after, the Building Societies Amendment Act 2001 comes into operation —

(a)	Part 11 does not come into operation; and
(b)	Part 31 comes into operation immediately after the Corporations Act 2001 of the Commonwealth comes into operation.

(7)

If Part 5 Division 2 of the Financial Relations Agreement

(Consequential Provisions) Act 1999 comes into operation at

the same time as, or after, the Corporations Act 2001 of the

Commonwealth comes into operation, section 181(3) comes

into operation immediately after that Division comes into

operation, otherwise section 181(3) comes into operation at the

same time as the rest of section 181.

Corporations (Consequential Amendments) Act 2001

Part 2	Acts Amendment and Repeal (Financial Sector Reform) Act
s. 3

Part 2 — Acts Amendment and Repeal (Financial Sector

Reform) Act 1999

3. The Act amended

The amendments in this Part are to the Acts Amendment and

Repeal (Financial Sector Reform) Act 1999*.

[* Act No. 26 of 1999.]

4. Section 4A inserted

After section 4 the following section is inserted —

“

4A.

Administrative functions and powers conferred on

relevant Commonwealth bodies

(1)	In this section —
“administrative action” has the same meaning as it has in the Corporations (Administrative Actions) Act 2001;
“APRA or ASIC action” means an administrative action taken, or purportedly taken by APRA or ASIC pursuant to a function or power conferred,

or purportedly conferred, by this Act;

“confer” includes impose.

(2)

The Corporations (Administrative Actions) Act 2001

applies in relation to an APRA or ASIC action as if this

Act were a relevant State Act within the meaning of

that Act.

(3)

This Act does not purport to confer any duty on APRA or ASIC to perform a function, or to exercise a power, conferred, or purportedly conferred, by this Act if the conferral of the duty would be beyond the legislative power of the State.

Corporations (Consequential Amendments) Act 2001

Acts Amendment and Repeal (Financial Sector Reform) Act

Part 2

s. 5

(4)	Subsection (3) does not limit the operation of section 7 of the Interpretation Act 1984.

”.

5. Section 20 amended

(1)	Section 20(2) is amended by deleting “Corporations Law which is deemed to apply as if the society had been a company.” and inserting instead —

“

Corporations Act 2001 of the Commonwealth as

applying because of this section.

”.

(2)	After section 20(2) the following subsections are inserted —

“

(2a)	Money received by ASIC on a disposal of, or dealing with, property of a society is declared to be an applied Corporations legislation matter for the purposes of
Act 2001 in relation to Part 9.7 of the Corporations
Part 3 of the Corporations (Ancillary Provisions) been a company.
(2b)	For the purposes of subsection (2a), Part 3 of the Corporations (Ancillary Provisions) Act 2001 has effect as if that Part did not contain sections 16(1)(b) and 17.

”.

Corporations (Consequential Amendments) Act 2001

Part 3	Architects Act 1921
s. 6.

Part 3 — Architects Act 1921

6. The Act amended

The amendments in this Part are to the Architects Act 1921*.

[* Reprinted as at 26 February 1999.]

7. Section 2 amended

Section 2(1) is amended by deleting the definitions of

“corporation” and “foreign corporation” and inserting in the

appropriate alphabetical positions —

“

“corporation” means any body corporate, whether

formed or incorporated in or outside the State, and

includes a company, a foreign company or a

registrable Australian body within the meaning of

the Corporations Act 2001 of the Commonwealth;

“foreign corporation” means —

(a)	a corporation which is not incorporated, or taken to be registered, in the State; or
(b)	a corporation which is incorporated, or taken to be registered, in the State but which is a subsidiary, within the meaning of the Corporations Act 2001 of the Commonwealth, of a corporation referred to in paragraph (a);

”.

Corporations (Consequential Amendments) Act 2001

Architects Act 1921

Part 3

s. 8

8. Section 22 amended

Section 22(1) is amended by deleting “struck off the register of companies pursuant to section 459 of the Companies (Western Australia) Code, or a corresponding provision of a

corresponding law of any other State or Territory of the

Commonwealth” and inserting instead —

“

deregistered under the Corporations Act 2001 of the

Commonwealth

”.

Corporations (Consequential Amendments) Act 2001

Part 4	Associations Incorporation Act 1987
s. 9

Part 4 — Associations Incorporation Act 1987

9. The Act amended

The amendments in this Part are to the Associations

Incorporation Act 1987*.

[* Reprinted as at 20 August 1999.]

10. Section 3A inserted

After section 3 the following section is inserted —

“

3A.

Incorporated associations excluded from

Corporations legislation

(1)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) an incorporated association;

(b)	any act or omission of any person, body or other entity in relation to an incorporated association.

(2)	The provisions referred to in subsection (1) are —

(a)	provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;
(b)	provisions that relate to the role of an incorporated association in the formation of a company;
(c)	provisions that relate to substantial holdings, by or involving an incorporated association, in a company;

Corporations (Consequential Amendments) Act 2001

Associations Incorporation Act 1987	Part 4
s. 10

(d)	provisions that confer or impose functions on an incorporated association as a member, or former member, of a corporation;
(e)	provisions that relate to dealings by an incorporated association in securities of a body corporate, other than securities of the incorporated association itself;
(f)	provisions that confer or impose functions on an incorporated association in its dealings with a corporation, not being dealings in securities of the incorporated association;
(g)	provisions that relate to securities of an incorporated association, other than debentures of or deposits with an incorporated association;
(h)	provisions relating to the futures industry;

(i) provisions relating to participants in the securities industry;

(j)	provisions relating to the conduct of securities business;
(k)	provisions relating to dealers’ accounts and audit;
(l)	provisions relating to money and scrip of dealers’ clients; or

(m)	provisions relating to registers of interests in securities.

(3)	The provisions specified in subsection (2) only apply to an incorporated association to the extent to which an incorporated association may engage in the activities covered by those provisions.

”.

Corporations (Consequential Amendments) Act 2001

Part 4	Associations Incorporation Act 1987
s. 11

11. Section 30 amended and saving

(1)	Section 30(4) is repealed and the following subsection is inserted instead —

“

(4)

The regulations may declare the winding up of an

incorporated association under this section 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 to 5.7

(winding up) of the Corporations Act 2001 of the

Commonwealth, with any modifications that are

specified in the declaration.

”.

(2)

Regulations (the “old regulations”) made under section 30(4)

(the “old provision”) of the Associations Incorporation

Act 1987 as in force immediately before the commencement of

subsection (1) of this section continue in force, despite the

repeal of the old provision, until regulations are made under

section 30(4) of the Associations Incorporation Act 1987 as in

force immediately after the commencement of subsection (1) of

this section, and any winding up commenced under the old

regulations is to be dealt with under the provisions applied by

those old regulations.

12. Section 31 amended

Section 31(3) is repealed and the following subsection is

inserted instead —

“

(3)	The winding up of an incorporated association by the Supreme Court (other than a voluntary winding up) 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 Part 5.7

Corporations (Consequential Amendments) Act 2001

Associations Incorporation Act 1987	Part 4
s. 13

(Winding up bodies other than companies) of the

Corporations Act 2001 of the Commonwealth.

”.

13. Section 32 replaced

Section 32 is repealed and the following section is inserted

instead —

“

32. Modifications of applied text of Corporations Act

The following modifications to the text of Parts 5.4 to

5.7 of the Corporations Act 2001 of the

Commonwealth apply for the purposes of sections 30

and 31 —

(a)	a reference to a company is to be read as a reference to an incorporated association;
(b)	a reference in Part 5.7 to a Part 5.7 body is to be read as a reference to an incorporated association;
(c)	a reference to the directors of a company is to be read as a reference to the members of the committee of an incorporated association;
(d)	a reference to the secretary of a company is to be read as a reference to the secretary of an incorporated association or the person carrying out the functions ordinarily carried out by a secretary of an association;
(e)	a reference to the principal place of business of a company is to be read as a reference to the place where the secretary of an incorporated association resides;
(f)	a reference to ASIC is to be read as a reference to the Commissioner;

Corporations (Consequential Amendments) Act 2001

Part 4

Associations Incorporation Act 1987

s. 14

(g)	a reference to the Court is to be read as a reference to the Supreme Court.

”.

14. Section 39 amended

Section 39(4) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Auction Sales Act 1973	Part 5
s. 15

Part 5 — Auction Sales Act 1973

15. Auction Sales Act 1973 amended

The Auction Sales Act 1973* is amended in section 4 by

deleting the definition of “corporation” and inserting instead —

“

“corporation” means any body corporate, whether

formed or incorporated in or outside the State, and

includes a company, a foreign company or a

registrable Australian body within the meaning of

the Corporations Act 2001 of the Commonwealth;

”.

[* Reprinted as at 10 June 1999.]

Corporations (Consequential Amendments) Act 2001

Part 6	Bank of Western Australia Act 1995
s. 16

Part 6 — Bank of Western Australia Act 1995

16. The Act amended

The amendments in this Part are to the Bank of Western

Australia Act 1995*.

[* Act No. 14 of 1995.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 33.]

17. Section 19 amended

Section 19 is amended as follows:

(a)	in the definition of “Bank” by deleting “incorporated under the Corporations Law” and inserting instead — “

registered under the Corporations Act 2001 of the

Commonwealth

”;

(b)	in the definition of “subsidiary” by deleting “Corporations Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

18. Section 23 amended

(1)

Section 23(1)(a) is amended by deleting “incorporated” and

inserting instead —

“ taken to be registered ”.

(2)

Section 23(4) is repealed.

Corporations (Consequential Amendments) Act 2001

Bank of Western Australia Act 1995	Part 6
s. 19

19. Section 25 replaced

Section 25 is repealed and the following section is inserted

instead —

“

25. Operation of sections 23 and 24 excluded from the Corporations legislation

The following matters are declared to be excluded

matters for the purposes of section 5F of the

Corporations Act 2001 of the Commonwealth in

relation to the whole of the Corporations legislation to

which Part 1.1A of that Act applies —

(a)	the articles of association of the Bank to the extent that they are governed by sections 23 and 24;
(b)	resolutions of the Bank to the extent that they are governed by section 24.

”.

20. Section 27 amended

Section 27(4) is repealed and the following subsection is

inserted instead —

“

(4)	The use of names and descriptions, as governed by this section, is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.

”.

Corporations (Consequential Amendments) Act 2001

Part 7	Betting Control Act 1954
s. 21

Part 7 — Betting Control Act 1954

21. The Act amended

The amendments in this Part are to the Betting Control

Act 1954*.

[* Reprinted as at 20 February 1997.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 36.]

22. Section 4 amended

Section 4(1) is amended in paragraph (a) of the definition of

“record” by deleting “accounting records (within the meaning of

the Corporations Law), document” and inserting instead —

“

document, financial records (within the

meaning of the Corporations Act 2001 of the

Commonwealth)

”.

23. Section 6A amended

Section 6A(1)(d) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Bills of Sale Act 1899	Part 8
s. 24

Part 8 — Bills of Sale Act 1899

24. The Act amended

The amendments in this Part are to the Bills of Sale Act 1899*.

[* Reprinted as at 12 February 1996.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 38-9.]

25. Section 3 amended

After section 3(3) the following subsections are inserted —

“

(4)	This Act does not apply to any bill of sale by a company other than —

(a)	a bill by way of bailment; or
(b)	a bill of sale given jointly with another person who is not a company, or other persons of whom at least one is not a company.

(5)	In subsection (4) —
“company” means a company or a registered body

within the meaning of the Corporations Act 2001

of the Commonwealth, other than a registered

body specified, or of a kind specified, in the

regulations.

”.

26. Section 6 amended

Section 6(1) is amended by inserting after “State in which it is

incorporated” —

“ or taken to be registered ”.

Corporations (Consequential Amendments) Act 2001

Part 8	Bills of Sale Act 1899
s. 27

27. Section 51 amended

Section 51 is amended by deleting “Companies (Western

Australia) Code or any corresponding law of another State or

Territory of the Commonwealth” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Builders’ Registration Act 1939	Part 9
s. 28

Part 9 — Builders’ Registration Act 1939

28. The Act amended

The amendments in this Part are to the Builders’ Registration

Act 1939*.

[* Reprinted as at 19 March 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 44 and, Act No. 43 of 2000.]

29. Section 2 amended

Section 2 is amended by deleting the definition of “Company”

and inserting instead —

“

“Company” means a company or a registered body

within the meaning of the Corporations Act 2001

of the Commonwealth, other than a registered

body specified, or of a kind specified, in the

regulations.

”.

30. Section 23A amended

Section 23A(2) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 10	Building and Construction Industry Training Fund and Levy
s. 31

Part 10 — Building and Construction Industry Training

Fund and Levy Collection Act 1990

31. The Act amended

The amendments in this Part are to the Building and

Construction Industry Training Fund and Levy Collection

Act 1990*.

[* Reprinted as at 9 March 2001.]

32. Section 5 amended

Section 5(2)(c) is deleted and the following paragraph is

inserted instead —

“

(c)	is a body corporate that is —

(i)	registered, incorporated or established under a law of the State;

(ii) taken to be registered in the State; or

(iii) a related body corporate, for the purposes of the Corporations Act 2001 of the Commonwealth, of such a body;

”.

33. Schedule 1 amended

Schedule 1 clause 4(2)(b) is amended by deleting “Companies

(Western Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Building Societies Act 1976

Part 11

s. 34

Part 11 — Building Societies Act 1976

34. The Act amended

The amendments in this Part are to the Building Societies

Act 1976*.

[* Reprinted as approved 14 April 1986.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 46.]

35. Section 5B inserted

After section 5A the following section is inserted —

“

5B.

Building societies excluded from Corporations

legislation

(1)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) a building society;

(b)	any act or omission of any person, body or other entity in relation to a building society.

(2)	The provisions referred to in subsection (1) are —

(a)	provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;
(b)	provisions that relate to the role of a housing society in the formation of a company;
(c)	provisions that relate to substantial holdings, by or involving a housing society, in a company;

Corporations (Consequential Amendments) Act 2001

Part 11

Building Societies Act 1976

s. 36

(d)	provisions that confer or impose functions on a housing society as a member, or former member, of a corporation;
(e)	provisions that relate to dealings by a housing society in securities of a body corporate, other than securities of the housing society itself;
(f)	provisions that confer or impose functions on a housing society in its dealings with a corporation, not being dealings in securities of the housing society;
(g)	provisions that relate to securities of a housing society, other than shares in, debentures of or deposits with a housing society;
(h)	provisions relating to the futures industry;
(i)	provisions relating to participants in the securities industry;
(j)	provisions relating to the conduct of securities business;
(k)	provisions relating to dealers’ accounts and audit;
(l)	provisions relating to money and scrip of dealers’ clients; or
(m)	provisions relating to registers of interests in securities.

(3)	The provisions specified in subsection (2) only apply to a building society to the extent to which a building society may engage in the activities covered by those provisions.

”.

36. Section 5B repealed

Section 5B is repealed.

Corporations (Consequential Amendments) Act 2001

Commercial Tenancy (Retail Shops) Agreements Act 1985

Part 12

s. 37

Part 12 — Commercial Tenancy (Retail Shops)

Agreements Act 1985

37. The Act amended

The amendments in this Part are to the Commercial Tenancy

(Retail Shops) Agreements Act 1985*.

[* Reprinted as at 21 July 2000.]

38. Section 3 amended

Section 3(1) is amended in the definition of “retail shop lease”

by deleting paragraph (b) and inserting instead —

“

(b)

the lease is held by a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) that would not be eligible

to be incorporated as a proprietary company,

or that is held by a subsidiary of such a

corporation;

”.

39. Section 13A amended

Section 13A(4) is amended as follows:

(a)	by deleting paragraph (b) and inserting instead —

“

(b)	one of them is a related body corporate of the other within the meaning of the Corporations Act 2001 of the Commonwealth;

”;

(b)	in paragraph (c) by deleting “given to that term by the Companies (Western Australia) Code” in both places where it occurs and inserting instead —

“ of the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 13	Companies (Co-operative) Act 1943
s. 40

Part 13 — Companies (Co-operative) Act 1943

40. The Act amended

The amendments in this Part are to the Companies

(Co-operative) Act 1943*.

[* Reprinted as at 14 January 2000.]

41. Division 3A inserted

After section 11 the following Division is inserted —

“

Division 3A — Relationship with the Corporations

legislation

11A.

Co-operative companies excluded from

Corporations legislation

(1)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) a co-operative company;

(b)	any act or omission of any person, body or other entity in relation to a co-operative company.

(2)	The provisions referred to in subsection (1) are —

(a)	provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;

Corporations (Consequential Amendments) Act 2001

Companies (Co-operative) Act 1943

Part 13

s. 41

(b)	provisions that relate to the role of a co-operative company in the formation of a company;
(c)	provisions that relate to substantial holdings, by or involving a co-operative company, in a company;
(d)	provisions that confer or impose functions on a co-operative company as a member, or former member, of a corporation;
(e)	provisions that relate to dealings by a co-operative company in securities of a body corporate, other than securities of the co-operative company itself;
(f)	provisions that confer or impose functions on a co-operative company in its dealings with a corporation, not being dealings in securities of the co-operative company;
(g)	provisions that relate to securities of a co-operative company, other than shares in, debentures of or deposits with a co-operative company;
(h)	provisions relating to the futures industry;

(i) provisions relating to participants in the securities industry;

(j)	provisions relating to the conduct of securities business;
(k)	provisions relating to dealers’ accounts and audit;
(l)	provisions relating to money and scrip of dealers’ clients; or

(m)	provisions relating to registers of interests in securities.

Corporations (Consequential Amendments) Act 2001

Part 13	Companies (Co-operative) Act 1943
s. 42

(3)

The provisions specified in subsection (2) only apply to

a co-operative company to the extent to which a

co-operative company may engage in the activities

covered by those provisions.

(4)

In this section —

“body corporate”, “company”, “corporation” and

given by that Act;

other expressions used in the Corporations

“co-operative company” means a company registered

under Part VI of this Act.

”.

42. Section 176A amended

Section 176A(1)(a) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Construction Industry Portable Paid Long Service Leave Act

Part 14

s. 43

Part 14 — Construction Industry Portable Paid Long

Service Leave Act 1985

43. The Act amended

The amendments in this Part are to the Construction Industry

Portable Paid Long Service Leave Act 1985*.

[* Reprinted as at 5 March 1999.]

44. Section 3 amended

Section 3(1) is amended in the definition of “books” by deleting

“accounting records (within the meaning of the Companies

(Western Australia) Code)” and inserting instead —

“

financial records (within the meaning of the Corporations

Act 2001 of the Commonwealth)

”.

45. Section 38 amended

Section 38(7) is repealed and the following subsection is

inserted instead —

“

(7)	The notice requirements imposed on a liquidator by this section are in addition to the provisions of the Corporations Act 2001 of the Commonwealth.

”.

Corporations (Consequential Amendments) Act 2001

Part 15	Consumer Credit (Western Australia) Act 1996
s. 46

Part 15 — Consumer Credit (Western Australia)

Act 1996

46. Consumer Credit (Western Australia) Act 1996 amended

The Appendix to the Consumer Credit (Western Australia)

Act 1996* is amended as follows:

(a)	in clause 7(9) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(b)	in clause 30(1) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(c)	in clause 102(3) by deleting “(within the meaning of the Corporations Law), if the credit provider or subsidiary takes deposits or is a borrowing corporation (within the meaning of that Law)” and inserting instead —

“

(within the meaning of the Corporations Act), if the credit

provider or subsidiary takes deposits or is a borrowing

corporation (within the meaning of the Corporations Law as

in force immediately before 13 March 2000)

”;

(d)	in Schedule 1 clause 1 by inserting in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001 of

the Commonwealth;

”;

(e)	in Schedule 1 clause 1 in the definition of “insolvent” by deleting “Corporations Law” in both places where it occurs and inserting instead —

“ Corporations Act ”;

Corporations (Consequential Amendments) Act 2001

Consumer Credit (Western Australia) Act 1996

Part 15

s. 46

(f)	in Schedule 1 clause 1 in the definition of “retained fees and credit charges” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(g)	in Schedule 1 clause 2(a) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

[* Act No. 30 of 1996.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 90.]

Corporations (Consequential Amendments) Act 2001

Part 16	Co-operative and Provident Societies Act 1903
s. 47

Part 16 — Co-operative and Provident Societies

Act 1903

47. The Act amended

The amendments in this Part are to the Co-operative and

Provident Societies Act 1903*.

[* Reprinted as approved 30 September 1969.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 92.]

48. Section 2A inserted

After section 2 the following section is inserted —

“

2A.

Registered societies excluded from Corporations

legislation

(1)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) a registered society;

(b)	any act or omission of any person, body or other entity in relation to a registered society.

(2)	The provisions referred to in subsection (1) are —

(a)	provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;
(b)	provisions that relate to the role of a registered society in the formation of a company;
(c)	provisions that relate to substantial holdings, by or involving a registered society, in a company;

Corporations (Consequential Amendments) Act 2001

Co-operative and Provident Societies Act 1903

Part 16

s. 48

(d)	provisions that confer or impose functions on a registered society as a member, or former member, of a corporation;
(e)	provisions that relate to dealings by a registered society in securities of a body corporate, other than securities of the registered society itself;
(f)	provisions that confer or impose functions on a registered society in its dealings with a corporation, not being dealings in securities of the registered society;
(g)	provisions that relate to securities of a registered society, other than shares in, debentures of or deposits with a registered

society;

(h)	provisions relating to the futures industry;

(i) provisions relating to participants in the securities industry;

(j)	provisions relating to the conduct of securities business;
(k)	provisions relating to dealers’ accounts and audit;
(l)	provisions relating to money and scrip of dealers’ clients; or

(m)	provisions relating to registers of interests in securities.

(3)	The provisions specified in subsection (2) only apply to a registered society to the extent to which a registered society may engage in the activities covered by those provisions.

”.

Corporations (Consequential Amendments) Act 2001

Part 16	Co-operative and Provident Societies Act 1903
s. 49

49. Section 27 amended

Section 27(e) is amended by deleting “or recognized company

within the meaning of the Companies (Western Australia)

Code” and inserting instead —

“

within the meaning of the Corporations

Act 2001 of the Commonwealth

”.

50. Section 43 amended

(1)	Section 43(1) is amended by deleting “Companies (Western Australia) Code” and inserting instead — “

Corporations Act 2001 of the Commonwealth that is

taken to be registered in Western Australia

”.

(2)	Section 43(4)(c) is amended by inserting after “requirement of ” —

“

the Corporations Act 2001 of the

Commonwealth, the Corporations Law,

”.

51. Section 46 replaced

Section 46 is repealed and the following section is inserted

instead —

“

46. Dissolution of a registered society

(1)	A registered society may be dissolved —

(a)	by order of the Court, or pursuant to a special resolution for the winding up of the society; or

Corporations (Consequential Amendments) Act 2001

Co-operative and Provident Societies Act 1903

Part 16

s. 51

(b)	by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution.

(2)	The dissolution of a registered society under subsection (1)(a) 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 to 5.6 (winding up) of the Corporations Act 2001 of the Commonwealth.
(3)	The following modifications to the text of Parts 5.4 to 5.6 of the Corporations Act 2001 of the Commonwealth apply for the purposes of subsection (2) —

(a)	a reference to a company is to be read as a reference to a registered society;
(b)	a reference to a special resolution is to be read as a reference to a special resolution under this Act;
(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.

”.

Corporations (Consequential Amendments) Act 2001

Part 17	Credit Act 1984
s. 52

Part 17 — Credit Act 1984

52. The Act amended

The amendments in this Part are to the Credit Act 1984*.

[* Reprinted as at 6 April 2001.]

53. Section 5 amended

Section 5(1) is amended as follows:

(a)	in paragraph (a) of the definition of “commission charge” by deleting “would for the purposes of the Companies (Western Australia) Code be a related corporation in relation to the credit provider” and inserting instead —

“

is a related body corporate of the credit

provider for the purposes of the

Corporations Act 2001 of the

Commonwealth

”;

(b)	in paragraph (a) of the definition of “guarantor” by deleting “would for the purposes of the Companies (Western Australia) Code be a related corporation in

relation to the supplier” and inserting instead —

“

is a related body corporate of the supplier for the purposes of the Corporations Act 2001 of the Commonwealth

”;

(c)	in the definition of “officer” by deleting “Companies (Western Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Credit Act 1984

Part 17

s. 54

54. Section 164 amended

Section 164(2) is amended as follows:

(a)	in paragraph (a) by inserting after “law of the” —

“ Commonwealth, ”;

(b)	a law of the Commonwealth, or a State or Territory,

in paragraph (b) by deleting “the law of a State or “

”.

Corporations (Consequential Amendments) Act 2001

Part 18	Credit (Administration) Act 1984
s. 55

Part 18 — Credit (Administration) Act 1984

55. The Act amended

The amendments in this Part are to the Credit (Administration)

Act 1984*.

[* Reprinted as at 5 May 2000.]

56. Section 4 amended

Section 4 is amended in the definition of “officer” by deleting “section 5(1) of the Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

57. Section 58 amended

Section 58(2) is amended as follows:

(a)	in paragraph (a) by inserting after “law of the” —

“ Commonwealth, ”;

(b)	Territory of the Commonwealth” and inserting

in paragraph (b) by deleting “the law of a State or “

a law of the Commonwealth, or a State or

Territory of the Commonwealth,

”.

Corporations (Consequential Amendments) Act 2001

Debits Tax Assessment Act 1990

Part 19

s. 58

Part 19 — Debits Tax Assessment Act 1990

58. Debits Tax Assessment Act 1990 amended

Section 3(2) of the Debits Tax Assessment Act 1990* is

amended as follows:

(a)	in paragraph (b) by inserting after “body corporate” — “

and a time that was before the commencement

of the Corporations Act 2001 of the

Commonwealth

”;

(b)	after paragraph (b) by deleting “or” and inserting —

“

(ba)	in the case of a company that is a body corporate and that was registered under the Corporations Act 2001 of the Commonwealth at that time —

(i)

the company was taken to be that time; or

(ii) if the company was taken to be incorporated outside Western Australia at that time, the company carried on business in Western Australia at that time and either —

(A)

had its central management and control in Western Australia; or

(B)

had its voting power controlled

by shareholders who were

residents of Western Australia;

(bb)	in the case of a company that is a body corporate and that was not registered under the Corporations Act 2001 of the Commonwealth

Corporations (Consequential Amendments) Act 2001

Part 19	Debits Tax Assessment Act 1990
s. 58

at that time (and that time was after the

commencement of that Act) —

(i) the company was incorporated in Western Australia at that time; or

(ii) if the company was incorporated outside Western Australia at that time, the company carried on business in Western Australia at that time and either —

(A)

had its central management and control in Western Australia; or

(B)

had its voting power controlled

by shareholders who were

residents of Western Australia;

”.

[* Act No. 57 of 1990.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 114.]

Corporations (Consequential Amendments) Act 2001

Door to Door Trading Act 1987

Part 20

s. 59

Part 20 — Door to Door Trading Act 1987

59. Door to Door Trading Act 1987 amended

Section 19 of the Door to Door Trading Act 1987* is repealed

and the following section is inserted instead —

“

19. Prohibition on securities hawking unaffected by this Act

This Act does not derogate from section 736 of the

Corporations Act 2001 of the Commonwealth.

”.

[* Act No. 7 of 1987.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 124.]

Corporations (Consequential Amendments) Act 2001

Part 21	Education Service Providers (Full Fee Overseas Students)
s. 60

Part 21 — Education Service Providers (Full Fee

Overseas Students) Registration Act 1991

60. The Act amended

The amendments in this Part are to the Education Service

Providers (Full Fee Overseas Students) Registration Act 1991*.

[* Act No. 58 of 1991.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 127-8.]

61. Section 11 amended

Section 11(a)(i) is deleted and the following subparagraph is

inserted instead —

“

(i)	Corporations Act 2001 of the Commonwealth, that the requirements

a corporation registered under the complied with;

”.

62. Section 22 amended

Section 22(3) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth. ”.

Corporations (Consequential Amendments) Act 2001

Electricity Corporation Act 1994

Part 22

s. 63

Part 22 — Electricity Corporation Act 1994

63. The Act amended

The amendments in this Part are to the Electricity Corporation

Act 1994*.

[* Reprinted as at 4 January 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 134 and Act No. 43 of 2000.]

64. Section 3 amended

Section 3 is amended as follows:

(a)	by inserting in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”;

(b)	in paragraph (a) of the definition of “subsidiary” by deleting “Corporations Law” in both places where it occurs and inserting instead —

“ Corporations Act ”.

65. Section 84 amended

Section 84(1)(a)(xi) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

66. Section 88 amended

Section 88(3) and (4) are repealed and the following subsections

are inserted instead —

“

(3) If —

Corporations (Consequential Amendments) Act 2001

Part 22

Electricity Corporation Act 1994

s. 66

(a)	a provision of Schedule 3 that set out the substance of a provision of —

(i) the Corporations Law (as in force at any time before the commencement of the Corporations Act); or

(ii) the Corporations Act,

does not accurately reflect the corresponding

provision of the Corporations Act;

(b)	the Corporations Act does not contain a provision that corresponds to a provision of Schedule 3 that set out the substance of a provision of —

(i) the Corporations Law (as in force at any time before the commencement of the Corporations Act); or

(ii) the Corporations Act;

(c)	the Corporations Act contains a provision relating to a matter provided for by Schedule 3, the substance of which is not set out in Schedule 3,

the Minister may recommend to the Governor, as soon

as practicable after the circumstance in paragraph (a),

(b) or (c) arises, that regulations be made under

subsection (2).

(4)	The regulations are to be in such form that Schedule 3 as amended will, in the opinion of the Minister, be substantially the same as the corresponding provisions of the Corporations Act, but with such modifications as are consistent with the policy of this Act.

”.

Corporations (Consequential Amendments) Act 2001

Electricity Corporation Act 1994

Part 22

s. 67

67. Schedule 2 amended

Schedule 2 clause 6(1) is amended by deleting “Corporations

Law” and inserting instead —

“ Corporations Act ”.

68. Schedule 3 amended

Schedule 3 is amended as follows:

(a)	in clause 1(1) by inserting in the appropriate alphabetical position —

“

“accounting records” means financial records within the

meaning of the Corporations Act;

”;

(b)	in clause 1(1) in the definition of “Board” by deleting “established under Part 12 of the Australian Securities and Investments Commission Act 1989” and inserting instead —

“

referred to in section 226 of the Australian Securities

and Investments Commission Act 2001

”;

(c)	in clause 1(1) in the definition of “Commission” by deleting “established under Part 2 of the Australian Securities and Investments Commission Act 1989” and

inserting instead —

“

referred to in section 8 of the Australian Securities and

Investments Commission Act 2001

”;

(d)	in clause 1(1) in the definition of “regulations” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

Corporations (Consequential Amendments) Act 2001

Part 22	Electricity Corporation Act 1994
s. 68

(e)	in clause 1(2) by deleting “ “accounting records”,” and “ “applicable accounting standards”,”;
(f)	in clauses 1(2), 2, 4(2), 5(1) and (2), 18(1) and 30(2)(a) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Environmental Protection Act 1986

Part 23

s. 69

Part 23 — Environmental Protection Act 1986

69. The Act amended

The amendments in this Part are to the Environmental

Protection Act 1986*.

[* Reprinted as at 7 July 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 139.]

70. Section 7 amended

Section 7(7)(a) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

71. Section 55 amended

Section 55(3) is amended as follows:

(a)	in the definition of “corporation” by deleting “section 5 of the Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”;

(b)	in the definition of “subsidiary” by deleting “section 7 of the Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

72. Section 58 amended

Section 58(4) is amended as follows:

(a)	in the definition of “corporation” by deleting “section 5 of the Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”;

Corporations (Consequential Amendments) Act 2001

Part 23	Environmental Protection Act 1986
s. 72

(b)	in the definition of “subsidiary” by deleting “section 7 of the Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Fair Trading Act 1987

Part 24

s. 73

Part 24 — Fair Trading Act 1987

73. The Act amended

The amendments in this Part are to the Fair Trading Act 1987*.

[* Act No. 108 of 1987.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 148.]

74. Section 4 amended

Section 4(2) is repealed and the following subsection is inserted

instead —

“

(2)	This Act extends to the engaging in conduct outside Western Australia by bodies corporate incorporated, or taken to be registered, in Western Australia or carrying on business within Western Australia, or by persons ordinarily resident within Western Australia.

”.

75. Section 81 amended

Section 81(1) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 25	Financial Administration and Audit Act 1985
s. 76

Part 25 — Financial Administration and Audit Act 1985

76. The Act amended

The amendments in this Part are to the Financial Administration

and Audit Act 1985*.

[* Reprinted as at 24 November 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 157.]

77. Section 3 amended

Section 3(1) is amended in the definition of “subsidiary body”

by deleting paragraph (a)(i) and “or” after it and inserting

instead —

“

(i) a company within the meaning of the Corporations Act 2001 of the Commonwealth; or

”.

78. Section 78A amended

(1)

Section 78A(2) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

(2)

Section 78A(4) is amended by deleting the definition of

“foreign subsidiary” and inserting instead —

“

“foreign subsidiary” means a subsidiary body that

is —

(a)	a company within the meaning of the Corporations Act 2001 of the Commonwealth that is not taken to be registered in this State; or

Corporations (Consequential Amendments) Act 2001

Financial Administration and Audit Act 1985

Part 25

s. 79

(b)	otherwise formed or incorporated under the law of another State or a Territory or of a place other than a State or Territory;

”.

79. Section 81 amended

Section 81(2) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 26	Financial Institutions Duty Act 1983
s. 80

Part 26 — Financial Institutions Duty Act 1983

80. The Act amended

The amendments in this Part are to the Financial Institutions

Duty Act 1983*.

[* Reprinted as at 19 November 1992.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 159-60.]

81. Section 3 amended

Section 3(1) is amended in the definition of “books” by deleting

“accounting records (within the meaning of the Companies

(Western Australia) Code)” and inserting instead —

“

financial records (within the meaning of the

Corporations Act 2001 of the Commonwealth)

”.

82. Section 64 amended

Section 64(2) is amended by deleting “section 5(1) of the

Companies (Western Australia) Code” and inserting instead —

“

section 9 of the Corporations Act 2001 of the

Commonwealth

”.

83. Section 73 amended

Section 73(3) is amended by deleting “sections 528, 529 and

530 of the Companies (Western Australia) Code” and inserting

instead —

“

sections 109X and 601CX of the Corporations

Act 2001 of the Commonwealth

”.

Corporations (Consequential Amendments) Act 2001

Gaming Commission Act 1987

Part 27

s. 84

Part 27 — Gaming Commission Act 1987

84. The Act amended

The amendments in this Part are to the Gaming Commission

Act 1987*.

[* Reprinted as at 30 October 1998.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 175.]

85. Section 12 amended

Section 12(11)(b) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

86. Section 27 amended

Section 27(2)(a) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

87. Section 37 amended

Section 37(1) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

88. Section 38 amended

Section 38 is amended by deleting paragraph (a) and “or” after

it and inserting instead —

“

(a)	a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or a shareholder in such a corporation, by sending the document to the corporation or that

Corporations (Consequential Amendments) Act 2001

Part 27	Gaming Commission Act 1987
s. 88

shareholder in a manner that is the same as a

manner authorised by that Act for the service of

documents; or

”.

Corporations (Consequential Amendments) Act 2001

Gas Corporation (Business Disposal) Act 1999ı

Part 28

s. 89

Part 28 — Gas Corporation (Business Disposal)

Act 1999

89. The Act amended

The amendments in this Part are to the Gas Corporation

(Business Disposal) Act 1999*.

[* Act No. 58 of 1999.]

90. Section 3 amended

Section 3 is amended in the definition of “acquire”, “dispose

of ” and “entitled” by deleting “have in Chapter 6 of the

Corporations Law” and inserting instead —

“

had in Chapter 6 of the Corporations Law as in

force immediately before 13 March 2000

”.

91. Section 10 amended

(1)	Section 10(1)(a) is amended by deleting “incorporated” and inserting instead —
“ taken to be registered ”.
(2)	Section 10(2) is amended by deleting “under the Corporations Law” and inserting instead —
“ with the Australian Securities and Investments Commission ”.

92. Section 12A inserted

After section 12 the following section is inserted —

“

12A.

Exclusion of Corporations legislation

The following matters are declared to be excluded

matters for the purposes of section 5F of the

Corporations (Consequential Amendments) Act 2001

Part 28	Gas Corporation (Business Disposal) Act 1999ı
s. 92
Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies —

(a)	the constitution of the corporate vehicle to the extent that it is governed by section 10;
(b)	alterations to the constitution of the corporate vehicle to the extent that they are governed by section 10;
(c)	resolutions of the corporate vehicle to the extent that they are governed by section 10;
(d)	the acquisition or disposal of shares, or an interest in shares, in the corporate vehicle to the extent that the acquisition or disposal is governed by section 11 or 12.

”.

Corporations (Consequential Amendments) Act 2001

Grain Marketing Act 1975

Part 29

s. 93

Part 29 — Grain Marketing Act 1975

93. The Act amended

The amendments in this Part are to the Grain Marketing

Act 1975*.

[* Reprinted as at 19 November 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 188.]

94. Section 13 amended

Section 13(6) is amended as follows:

(a)	by deleting “Corporations Law” in the first place that it occurs and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”;

(b)	by deleting “the Corporations Law” in the second place that it occurs and inserting instead —

“ that Act ”.

95. Section 19 amended

Section 19(2)(b) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 30	Health Act 1911
s. 96

Part 30 — Health Act 1911

96. Health Act 1911 amended

Section 212B(1)(zd) of the Health Act 1911* is amended by

deleting “within” and inserting instead —

“

, or taken to be registered (within the meaning

of the Corporations Act 2001 of the

Commonwealth), in

”.

[* Reprinted as at 31 March 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 197.]

Corporations (Consequential Amendments) Act 2001

Housing Societies Act 1976

Part 31

s. 97

Part 31 — Housing Societies Act 1976

97. The Act amended

The amendments in this Part are to the Housing Societies

Act 1976*.

[* On the commencement of the Building Societies Amendment

Act 2001 the Building Societies Act 1976 will be renamed the Housing Societies Act 1976. The Building Societies Act 1976 was reprinted as approved 14 April 1986.

For subsequent amendments to the Building Societies

Act 1976 see 2000 Index to Legislation of Western Australia,

Table 1, p. 46.]

98. Section 5 amended

(1)	Section 5(1) is amended by inserting in the appropriate alphabetical position — “

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”.

(2)	Section 5(2) is amended by deleting “section 9 of the Companies (Western Australia) Code as if the reference were in that Code” and inserting instead — “

Division 2 of Part 1.2 of the Corporations Act as if the

reference were in that Act

”.

Corporations (Consequential Amendments) Act 2001

Part 31	Housing Societies Act 1976
s. 99

99. Section 5C inserted

After section 5B the following section is inserted —

“

5C.

Housing societies excluded from Corporations

legislation

(1)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

(a) a housing society;

(b)	any act or omission of any person, body or other entity in relation to a housing society.

(2)	The provisions referred to in subsection (1) are —

(a)	provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;
(b)	provisions that relate to the role of a housing society in the formation of a company;
(c)	provisions that relate to substantial holdings, by or involving a housing society, in a company;
(d)	provisions that confer or impose functions on a housing society as a member, or former member, of a corporation;
(e)	provisions that relate to dealings by a housing society in securities of a body corporate, other than securities of the housing society itself;
(f)	provisions that confer or impose functions on a housing society in its dealings with a corporation, not being dealings in securities of the housing society;

Corporations (Consequential Amendments) Act 2001

Housing Societies Act 1976	Part 31
s. 100

(g)	provisions that relate to securities of a housing society, other than shares in, debentures of or deposits with a housing society;
(h)	provisions relating to the futures industry;

(i) provisions relating to participants in the securities industry;

(j)	provisions relating to the conduct of securities business;
(k)	provisions relating to dealers’ accounts and audit;
(l)	provisions relating to money and scrip of dealers’ clients; or

(m)	provisions relating to registers of interests in securities.

(3)	The provisions specified in subsection (2) only apply to a housing society to the extent to which a housing society may engage in the activities covered by those provisions.

”.

100. Section 59 amended

Section 59(3)(c) is amended by deleting paragraph (c) and “or”

after it and inserting instead —

“

(c)	of any offence under —

(i)	Companies (Western Australia) Code, section 44 of the Companies (Acquisition of Shares) (Western Australia) Code or section 129 of the

section 108, 229, 555 or 556 of the Code;

Corporations (Consequential Amendments) Act 2001

Part 31	Housing Societies Act 1976
s. 101

(ii)	another State or of a Territory of the Commonwealth that corresponds with

any provision of an equivalent law of 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 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

(v) any provision of the Corporations Act that corresponds with any of the provisions in subparagraph (i);

(ca)	of any offence under section 333(3) of the Companies Act 1961 as enacted before 25 November 1969, or under any of the corresponding provisions of the equivalent law of another State or Territory of the Commonwealth; or

”.

101. Section 61 amended

Section 61(4) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act ”.

102. Section 66 amended

Section 66(4) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Housing Societies Act 1976	Part 31
s. 103

103. Heading to Part VIII amended

The heading to Part VIII is amended by deleting “Official

management” and inserting instead —

“ External administration ”.

104. Section 70 replaced

Section 70 is repealed and the following section is inserted

instead —

“

70. Receivers etc.

(1)

A housing society 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 Part 5.2 (Receivers, and other

controllers, of property of corporations) of the

Corporations Act.

(2)

The following modifications to the text of Part 5.2 of

the Corporations Act apply for the purposes of

subsection (1) —

(a)	a reference to a company is to be read as a reference to a housing society;
(b)	a reference to ASIC is to be read as a reference to the Registrar;
(c)	a reference to the Court is to be read as a reference to the Supreme Court.

”.

Corporations (Consequential Amendments) Act 2001

Part 31	Housing Societies Act 1976
s. 105

105. Section 71 amended

Section 71(2) is repealed and the following subsections are

inserted instead —

“

(2)

The winding up of a housing society, either voluntarily

or by the court, 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 to 5.6 (winding up) of the

Corporations Act.

(2a)

The following modifications to the text of Parts 5.4 to 5.6 of the Corporations Act apply for the purposes of subsection (2) —

(a)	a reference to a company is to be read as a reference to a housing society;
(b)	a reference to ASIC is to be read as a reference to the Registrar;
(c)	a reference to the Court is to be read as a reference to the Supreme Court;
(d)	a reference to a liquidator includes a reference to the person appointed to be the liquidator under section 72.

”.

106. Section 72 amended

Section 72 is amended by deleting “in the manner provided by

the Companies (Western Australia) Code” and inserting

instead —

“

as provided for in Part 5.5 of the Corporations Act

(applying for the purposes of section 71(2))

”.

Corporations (Consequential Amendments) Act 2001

Human Reproductive Technology Act 1991	Part 32
s. 107

Part 32 — Human Reproductive Technology Act 1991

107. The Act amended

The amendments in this Part are to the Human Reproductive

Technology Act 1991*.

[* Act No. 22 of 1991.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 206-7.]

108. Section 3 amended

Section 3(1) is amended as follows:

(a)	in the definition of “proprietary company” by deleting “Corporations Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”;

(b)	in paragraph (a) of the definition of “record” by deleting “accounting records (within the meaning of the Corporations Law), document” and inserting instead —

“

document, financial records (within the

meaning of the Corporations Act 2001 of the

Commonwealth)

”;

(c)	in the definition of “related body corporate” by deleting “Corporations Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

109. Section 53 amended

Section 53(2) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 33	Industrial Relations Act 1979
s. 110

Part 33 — Industrial Relations Act 1979

110. The Act amended

The amendments in this Part are to the Industrial Relations

Act 1979*.

[* Reprinted as at 4 February 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 213.]

111. Section 3 amended

Section 3(2)(c) is deleted and the following paragraph is

inserted instead —

“

(c)	being a body corporate, is —

(i)	registered, incorporated, or established under a law of the State;

(ii) taken to be registered in the State; or

(iii) a related body corporate of such a body for the purposes of the Corporations Act 2001 of the Commonwealth;

”.

112. Section 65 amended

Section 65(a) is amended by deleting “section 18 of the

Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

113. Section 96H amended

Section 96H(3) is amended by deleting “the Corporations Law”

and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Legal Contribution Trust Act 1967	Part 34
s. 114

Part 34 — Legal Contribution Trust Act 1967

114. Legal Contribution Trust Act 1967 amended

Section 53(1) of the Legal Contribution Trust Act 1967* is

amended by deleting “section 9 of the Companies Act 1961”

and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

[* Reprinted as at 5 February 1999.

[* Reprinted as at 22 October 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 424.]

166. Section 4 amended

Section 4(1) is amended as follows:

(a)	in the definitions of “corporation”, “director”, “foreign company” and “related corporation” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(b)	by inserting in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001 of the Commonwealth;

”;

(c)	by deleting the definition of “WA company” and inserting instead —

“

“WA company” means a company within the meaning of the Corporations Act that is taken to be registered in Western Australia.

”.

167. Section 63 amended

(1)	Section 63(2) is amended as follows:

(a)	in subparagraph (a)(i) by deleting “(sic)”;

Corporations (Consequential Amendments) Act 2001

Part 48	Stamp Act 1921
s. 168

(b)	in subparagraph (a)(i) by deleting “applies” and inserting instead —

“ applied ”.

(2)

Section 63(2)(a)(ii) and (4)(a)(i) are amended by deleting

“Corporations Law” and inserting instead —

“ Corporations Act ”.

168. Section 73E amended

Section 73E(1) is amended as follows:

(a)	in the definition of “officer” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(b)	in the definition of “stock exchange” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

169. Section 74A amended

Section 74A(3)(e)(iv) is deleted and the following subparagraph

is inserted instead —

“

(iv) a person who has a substantial holding (as defined in the Corporations Act) in a person referred to in subparagraph (i), (ii) or (iii),

”.

170. Section 75J amended

Section 75J(1) is amended in the definition of “dormant” by

deleting “same definition as in the Corporations Law” and

inserting instead —

“ meaning given by section 75JAA ”.

Corporations (Consequential Amendments) Act 2001

Stamp Act 1921	Part 48
s. 171

171. Section 75JAA inserted

After section 75J the following section is inserted —

“

75JAA. Meaning of dormant body corporate

A body corporate is dormant throughout a particular

period if, and only if, throughout that period the

body —

(a)	did not receive or become entitled to any income or incur or become liable for any expenditure;
(b)	did not purchase, sell or supply any goods or other property, or any services, or enter into any agreement or pass any resolution in relation
to the purchase, sale or supply of goods or other property, or services;
(c)	did not issue, sell, purchase or make available any securities, or enter into any agreement or pass any resolution in relation to the issue, sale,

purchase or making available of securities;

(d)	did not issue a prospectus or statement, or enter into any agreement or pass any resolution in relation to the issue of a prospectus or statement, in connection with the issue, sale, purchase or making available, or the proposed issue, sale, purchase or making available, of any securities;
(e)	did not take part in any research, development or exploration activities, or enter into any agreement or pass any resolution in relation to taking part in research, development or exploration activities;

Corporations (Consequential Amendments) Act 2001

Part 48

Stamp Act 1921

s. 172

(f)	was not, and did not become, a party to any lease, franchise, joint venture or partnership arrangement, and did not take part in any lease,

franchise, joint venture or partnership

arrangement, or enter into any agreement or

pass any resolution in relation to becoming a

party to, or taking part in, any lease, franchise,

joint venture or partnership arrangement;

(g)	did not make, receive or guarantee any loan, or enter into any agreement or pass any resolution in relation to making, receiving or guaranteeing a loan;
(h)	was not, and did not become, a party to any underwriting agreement and did not enter into any agreement or pass any resolution in relation to becoming a party to any underwriting agreement;

(i) did not obtain or receive a grant of any licence or other authority, or make any application or pass any resolution in relation to obtaining a licence or other authority; and

(j)	was not, and did not become, a party to any litigation or negotiations with any other person or body.

”.

172. Sections 75JE and 75JF amended

Sections 75JE(1)(e)(i) and (ii) and 75JF(1)(e)(i) and (ii) are

amended by deleting “Corporations Law” and inserting

instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Stamp Act 1921	Part 48
s. 173

173. Section 75JG amended

Section 75JG(1)(b) and (2) are amended by deleting

“Corporations Law” and inserting instead —

“ Corporations Act ”.

174. Section 76 amended

(1)	Section 76(1) is amended as follows:

(a)	in item (b)(iii)(III) of the definition of “acquire” by deleting “or a conversion of shares to which section 112HB applies”;
(b)	in the definitions of “acquire” and “rules” by deleting “Corporations Law” in each place where it occurs and inserting instead —

“ Corporations Act ”.

(2)

Section 76(4)(c) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

175. Heading to Part IIIBA Division 2 amended

The heading to Part IIIBA Division 2 is amended by deleting

“incorporated” and inserting instead —

“ taken to be registered ”.

176. Section 76AI amended

Section 76AI(3)(d) and (4)(a) are amended by deleting

“Corporations Law” and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Part 48	Stamp Act 1921
s. 177

177. Heading to Part IIIBA Division 3 replaced

The heading to Part IIIBA Division 3 is repealed and the

following heading is inserted instead —

“

Division 3 — Corporations incorporated, or taken to be

registered, outside the State, and certain other

companies not within Division 2

”.

178. Section 76AP amended

(1)	Section 76AP(1)(a)(i) is amended by inserting after “body corporate” in the first place that it occurs —

“

that is taken to be registered outside the

State (for the purposes of the

Corporations Act) or that is otherwise

”.

(2)	Section 76AP(4) is amended as follows:

(a)	in subparagraph (b)(i) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(b)	in subparagraph (c)(i) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

179. Section 76AR amended

Section 76AR(4)(a)(i) and (ii) are amended by deleting

“Corporations Law” and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Stamp Act 1921	Part 48
s. 180

180. Section 112AB amended

Section 112AB(2) is amended in paragraph (b) of the definition

of “share buy-back” by deleting “Corporations Law” and

inserting instead —

“ Corporations Act ”.

181. Section 112B amended

(1)

Section 112B(1)(a) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

(2)

Section 112B(3) is amended as follows:

(a)	by deleting “Corporations Law” in the first place where it occurs and inserting instead —

“ Corporations Act ”;

(b)	by deleting “incorporated under the Corporations Law of another State or Territory” and inserting instead —

“

taken to be registered under the Corporations Act in

another State or Territory

”.

(3)

Section 112B(5)(b) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

182. Section 112FR amended

Section 112FR is amended by deleting “Part 2.5 of the

Corporations Law” and inserting instead —

“ Chapter 2C of the Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Part 48	Stamp Act 1921
s. 183

183. Section 112H amended

(1)

Section 112H(1) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

(2)

Section 112H(2) is amended by deleting “under section 609 of

the Corporations Law the person is entitled to the share” and

inserting instead —

“

the person has a relevant interest in the share within the

meaning of the Corporations Act

”.

184. Section 112HA amended

(1)

Section 112HA(1) and (2)(b) are amended by deleting “, under

section 195 of the Corporations Law,”.

(2)

Section 112HA(5) is repealed and the following subsection is

inserted instead —

“

(5)	The statement is to be in a form approved by the Commissioner and is to be lodged within 3 months after the date when the capital reduction or the share cancellation has effect (as the case requires).

”.

185. Section 112HB repealed

Section 112HB is repealed.

186. Section 112UE amended

(1)	Section 112UE(1) is amended as follows:

(a)	by deleting “(sic)”;
(b)	by deleting “applies” and inserting instead —

“ applied ”.

(2)	Section 112UE(4)(a) is amended by deleting “(sic)”.

Corporations (Consequential Amendments) Act 2001

Stamp Act 1921	Part 48
s. 187

187. Third Schedule amended

The Third Schedule item 7(7) is amended by deleting paragraph (a) and “or” after it and inserting instead —

“

(a)	a corporation which is —

(i) an Australian ADI (within the meaning of the Corporations Act); or

(ii) registered under the Life Insurance Act 1995 of the Commonwealth;

”.

Corporations (Consequential Amendments) Act 2001

Part 49	Strata Titles Act 1985
s. 188
Part 49 — *Strata Titles Act 1985*

188. The Act amended

The amendments in this Part are to the Strata Titles Act 1985*.

[* Reprinted as at 1 July 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 433.]

189. Section 32 amended

(1)	Section 32(3) is amended as follows:

(a)	after paragraph (b) by inserting —

“ and ”;

(b)	by deleting paragraph (c) and “and” after it.

(2)	After section 32(3) the following subsection is inserted —

“

(4)	The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies —

(a) a strata company;

(b)	any act or omission of any person, body or other entity in relation to a strata company.

”.

Corporations (Consequential Amendments) Act 2001

Taxation (Reciprocal Powers) Act 1989	Part 50
s. 190

Part 50 — Taxation (Reciprocal Powers) Act 1989

190. Taxation (Reciprocal Powers) Act 1989 amended

Section 3(1) of the Taxation (Reciprocal Powers) Act 1989* is

amended in the definition of “books” by deleting “accounting

records (within the meaning of the Companies (Western

Australia) Code)” and inserting instead —

“

financial records (within the meaning of the

Corporations Act 2001 of the Commonwealth)

”.

[* Act No. 18 of 1989.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 445.]

Corporations (Consequential Amendments) Act 2001

Part 51	The Partnership Act 1895
s. 191

Part 51 — The Partnership Act 1895

191. The Act amended

The amendments in this Part are to The Partnership Act 1895*.

[* Reprinted as at 26 July 1985.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 326.]

192. Section 4 amended

Section 4(a) is amended by deleting “under “The Companies

Act 1893” ” and inserting instead —

“ under the Corporations Act 2001 of the Commonwealth ”.

193. Section 11 amended

Section 11 is amended by deleting all of the section after

“persons” and inserting instead —

“

not exceeding 20 (except if regulations under

section 115(2) of the Corporations Act 2001 of the

Commonwealth apply to the firm).

”.

Corporations (Consequential Amendments) Act 2001

Totalisator Agency Board Betting Act 1960	Part 52
s. 194

Part 52 — Totalisator Agency Board Betting Act 1960

194. The Act amended

The amendments in this Part are to the Totalisator Agency

Board Betting Act 1960*.

[* Reprinted as at 2 December 1996.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 451.]

195. Section 6 amended

Section 6(4)(a) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

196. Sections 27 and 27A amended

Sections 27(3) and 27A(4) are amended by deleting the

definition of “corporation” and inserting instead —

“

“corporation” means any body corporate, whether

formed or incorporated within or outside the State, include —

including any “company” or “foreign company”

(as those terms are defined in the Corporations

(a)	a body corporate that is a public authority or an instrumentality or agency of the Crown; or
(b)	a body corporate formed for a public purpose under a written law of another country.

”.

Corporations (Consequential Amendments) Act 2001

Part 53	Trustee Companies Act 1987
s. 197

Part 53 — Trustee Companies Act 1987

197. The Act amended

The amendments in this Part are to the Trustee Companies

Act 1987*.

[* Reprinted as at 1 November 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 464.]

198. Section 3 amended

(1)	Section 3(1) is amended as follows:

(a)	by inserting in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”;

(b)	in the definitions of “registered company auditor”, “related body corporate” and “voting share” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

(2)	Section 3(3) is amended by deleting “Corporations Law, the person would be an associate of the other person for the purposes of the Corporations Law” and inserting instead — “

Corporations Act, the person is an associate of the

other person for the purposes of that Act

”.

Corporations (Consequential Amendments) Act 2001

Trustee Companies Act 1987	Part 53
s. 199

(3)	Section 3(6)(b) is amended by deleting all of the paragraph after “by reason of ” and inserting instead —

“

sections 608 and 609 of the Corporations Act, the person has a relevant interest in that share for the purposes of that Act.

”.

(4)

Section 3(8) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act ”.

199. Section 21 amended

Section 21(1) is amended by deleting “Division 5 of Part 7.12 of

the Corporations Law” and inserting instead —

“ Chapter 5C of the Corporations Act ”.

200. Section 29 amended

(1)

Section 29(1) is amended by deleting “in the Corporations Law

or”.

(2)

After subsection (3) the following subsection is inserted —

“

(4)	The acceptance of deposits of money with, or loans of money to, trustee companies as described in subsection (1) is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to the whole of that Act.

”.

201. Section 34 amended

Section 34(1) is amended by deleting “Without prejudice to the

obligations imposed with respect to audit by the Corporations

Law,” and inserting instead —

Corporations (Consequential Amendments) Act 2001

Part 53	Trustee Companies Act 1987
s. 202

“

In addition to the obligations imposed with respect to

audit by the Corporations Act,

”.

202. Section 35 amended

Section 35(7) is amended by deleting “Corporations Law” and

inserting instead —

“ Corporations Act ”.

203. Section 36 amended

Section 36 is amended as follows:

(a)	by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(b)	by deleting paragraph (a) and inserting instead —

“

(a)	that is an acquisition of shares to or in relation to which section 606 of that Act does not apply by reason of item 4, 6, 8, 12, 13, 14, 15, 16, 17 or 18 of the table in section 611 of that Act;

”.

Corporations (Consequential Amendments) Act 2001

Water Corporation Act 1995	Part 54
s. 204

Part 54 — Water Corporation Act 1995

204. The Act amended

The amendments in this Part are to the Water Corporation

Act 1995*.

[* Act No. 70 of 1995.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 481.]

205. Section 3 amended

Section 3 is amended as follows:

(a)	by inserting in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”;

(b)	in paragraph (a) of the definition of “subsidiary” by deleting “Corporations Law” in both places where it occurs and inserting instead —

“ Corporations Act ”.

206. Section 82 amended

Section 82(1)(a)(xi) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Part 54	Water Corporation Act 1995
s. 207

207. Section 86 amended

Section 86(3) and (4) are repealed and the following subsections

are inserted instead —

“

(3) If —

(a)	a provision of Schedule 3 that set out the substance of a provision of —

(i) the Corporations Law (as in force at any time before the commencement of the Corporations Act); or

(ii) the Corporations Act,

does not accurately reflect the corresponding

provision of the Corporations Act;

(b)	the Corporations Act does not contain a provision that corresponds to a provision of Schedule 3 that set out the substance of a provision of —

(i) the Corporations Law (as in force at any time before the commencement of the Corporations Act); or

(ii) the Corporations Act;

(c)	the Corporations Act contains a provision relating to a matter provided for by Schedule 3, the substance of which is not set out in Schedule 3,

the Minister may recommend to the Governor, as soon

as practicable after the circumstance in paragraph (a),

(b) or (c) arises, that regulations be made under

subsection (2).

(4)	The regulations are to be in such form that Schedule 3 as amended will, in the opinion of the Minister, be substantially the same as the corresponding provisions

Corporations (Consequential Amendments) Act 2001

Water Corporation Act 1995	Part 54
s. 208

of the Corporations Act, but with such modifications as

are consistent with the policy of this Act.

”.

208. Schedule 2 amended

Schedule 2 clause 6(1) is amended by deleting “Corporations

Law” and inserting instead —

“ Corporations Act ”.

209. Schedule 3 amended

Schedule 3 is amended as follows:

(a)	in clause 1(1) by inserting in the appropriate alphabetical position —

“

“accounting records” means financial records within the

meaning of the Corporations Act;

”;

(b)	in clause 1(1) in the definition of “Board” by deleting “established under Part 12 of the Australian Securities and Investments Commission Act 1989” and inserting instead —

“

referred to in section 226 of the Australian Securities

and Investments Commission Act 2001

”;

(c)	in clause 1(1) in the definition of “Commission” by deleting “established under Part 2 of the Australian Securities and Investments Commission Act 1989” and

inserting instead —

“

referred to in section 8 of the Australian Securities and

Investments Commission Act 2001

”;

Corporations (Consequential Amendments) Act 2001

Part 54	Water Corporation Act 1995
s. 209

(d)	in clause 1(1) in the definition of “regulations” by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”;

(e)	in clause 1(2) by deleting “ “accounting records”,” and “ “applicable accounting standards”,”;
(f)	in clauses 1(2), 2, 4(2), 5(1) and (2), 18 and 30(2)(a) by deleting “Corporations Law” and inserting instead —

“ Corporations Act ”.

Corporations (Consequential Amendments) Act 2001

Western Australian Land Authority Act 1992	Part 55
s. 210

Part 55 — Western Australian Land Authority Act 1992

210. The Act amended

The amendments in this Part are to the Western Australian Land

Authority Act 1992*.

[* Reprinted as at 16 April 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 490.]

211. Section 22 amended

Section 22(1)(a)(ii) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

212. Schedule 1 amended

Schedule 1 is amended as follows:

(a)	in Part A clause 2(b) by deleting “Corporations Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”;

(b)	substantial shareholding within the meaning of Division 4 of Part 6.7 of the Corporations Law)” and

in Part B clause 2(3)(a) by deleting “(not being a “

(not being a substantial holding within the meaning of the Corporations Act 2001 of the Commonwealth)

”.

Corporations (Consequential Amendments) Act 2001

Part 56

Western Australian Treasury Corporation Act 1986

213

Part 56 — Western Australian Treasury Corporation

Act 1986

213. The Act amended

The amendments in this Part are to the Western Australian

Treasury Corporation Act 1986*.

[* Reprinted as at 5 January 2001.]

214. Section 10 amended

Section 10(2)(fa)(xi) is amended by deleting “Corporations

Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

215. Schedule 1 amended

Schedule 1 item 2 is amended by deleting “section 5 of the

Companies (Western Australia) Code” and inserting instead —

“

section 9 of the Corporations Act 2001 of the

Commonwealth

”.

216. Schedule 2 amended

Schedule 2 clause 2(1)(b) is amended by deleting “Corporations

Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Workers’ Compensation and Rehabilitation Act 1981	Part 57
s. 217

Part 57 — Workers’ Compensation and Rehabilitation

Act 1981

217. The Act amended

The amendments in this Part are to the Workers’ Compensation

and Rehabilitation Act 1981*.

[* Reprinted as at 29 January 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 503.]

218. Section 5 amended

Section 5(1) is amended by deleting the definition of

“company” and inserting instead —

“

“company” means a company or a registered body

within the meaning of the Corporations Act 2001

of the Commonwealth, other than a registered

body specified, or of a kind specified, in the

regulations;

”.

219. Section 175B amended

Section 175B(2) is amended by deleting “Corporations Law”

and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act 2001

Part 58	Minor changes to other Acts
s. 220

Part 58 — Minor changes to other Acts

220. Changing “Corporations Law” to “Corporations Act 2001 of the Commonwealth” in various Acts

Each provision listed in the Table to this section is amended by

deleting “Corporations Law” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Table

Bank Mergers Act 1997	s. 3 (definition of “bank”)
Botanic Gardens and Parks Authority	Sch. 1 cl. 2(1)(b)
Act 1998
Caravan Parks and Camping Grounds	Sch. 1 cl. 4(1)(b)
Act 1995
Casino Control Act 1984	s. 3(1) (definition of “public company”)
Commercial Tenancy (Retail Shops)	s. 12(1a)(e)
Agreements Act 1985	s. 12A(3)(c)(iii) s. 12B(3)(c)(iii)
Country Housing Act 1998	Sch. 1 cl. 2(2)(c)
Curriculum Council Act 1997	Sch. 1 cl. 2(1)(b)
Disability Services Act 1993	Sch. 3 cl. 1(2)(c) Sch. 5 cl. 1(2)(c)
Electoral Act 1907	s. 175A(5)(b)
Energy Coordination Act 1994	s. 11ZE(1)(c)
Exotic Diseases of Animals Act 1993	s. 52 s. 58(4)(a)
Fines, Penalties and Infringement Notices	s. 96(3)(c)
Enforcement Act 1994
Fire and Emergency Services Authority of	Sch. 1 cl. 2(1)(c)
Western Australia Act 1998

Corporations (Consequential Amendments) Act 2001

Minor changes to other Acts	Part 58
s. 220

Firearms Act 1973	s. 21B(3) Sch. 2 cl. 2(3)(b)
Fish Resources Management Act 1994	s. 204(3) Sch. 1 cl. 3(2)(b)
Fisheries Adjustment Schemes Act 1987	s. 18(2)
Forest Products Act 2000	Sch. 1 cl. 4(1)(c) Sch. 2 cl. 4(e)
Gas Pipelines Access (Western Australia)	s. 54(2)(c)
Act 1998	Sch. 1 cl. 13(7)
Home Building Contracts Act 1991	s. 21(6) s. 25A (definition of “insolvency”, paragraphs (a) and (b)) s. 30(2)
Industry and Technology Development	Sch. 1 cl. 2(1)(b)
Act 1998
Land Administration Act 1997	s. 93 (definition of “company”) s. 261(1) (3 places) s. 274(2)(d)(i) and (ii)
Land Tax Assessment Act 1976	Sch cl. 9(aa)(i) and cl. 12(a)(ii)(II) and (III)
Liquor Licensing Act 1988	s. 3 (definitions of “proprietary company” and “related body corporate”) s. 34(2)(a)(iv) s. 86(5) and (6) s. 164(2)
Marketing of Potatoes Act 1946	s. 13(c) s. 41A(3)
Pawnbrokers and Second-hand Dealers	s. 19(i)(i) and (ii)
Act 1994

Corporations (Consequential Amendments) Act 2001

Part 58	Minor changes to other Acts
s. 221

Port Kennedy Development Agreement	Sch. 2 cl. 2(2)(b)
Act 1992
Rail Safety Act 1998	s. 55(6)
Real Estate and Business Agents Act 1978	s. 72(1) and (2) s. 100A(2)(c)(ii)
Regional Development Commissions	Sch. 2 Part 1 cl. 2(2)(b)
Act 1993
Residential Tenancies Act 1987	s. 29A(2)(c)(ii)
Retirement Villages Act 1992	s. 30(2)(b) s. 79(2)
Rural Business Development Corporation	Sch. 1 cl. 2(1)(c)
Act 2000
Settlement Agents Act 1981	s. 53(1) and (2)
s. 81A(2)(c)(ii)
SGIO Privatisation Act 1992	s. 2(1)
State Superannuation Act 2000	Sch. 1 cl. 6(1)(c)
State Supply Commission Act 1991	s. 26D(1) and (3)
Statutory Corporations (Liability of	s. 5(1)
Directors) Act 1996
Transfer of Land Act 1893	s. 240(2)(d)(i) and (ii)
Water and Rivers Commission Act 1995	Sch. 1 cl. 2(1)(b)
Water Services Coordination Act 1995	s. 42(1)(b)

221. Changing “Companies (Western Australia) Code” to “Corporations Act 2001 of the Commonwealth” in various Acts

Each provision listed in the Table to this section is amended by

deleting “Companies (Western Australia) Code” and inserting

instead —

“ Corporations Act 2001 of the Commonwealth ”.

Table

Declarations and Attestations Act 1913	Sch. item 17
Finance Brokers Control Act 1975	s. 52(1) and (2)

Corporations (Consequential Amendments) Act 2001

Minor changes to other Acts	Part 58
s. 222

Fire Brigades Superannuation Act 1985	Sch. 2 cl. 6(1)(d)
Legal Aid Commission Act 1976	s. 4(1) definition of “public company”
Minerals and Energy Research Act 1987	s. 12(5)(a)
s. 23(3)(a)
Small Business Development Corporation	s. 3(1) definition of
Act 1983	“small business”
State Supply Commission Act 1991	Sch. 1 cl. 4(2)(b)
Travel Agents Act 1985	s. 3(1) definitions of “books” and “officer”
s. 12(2)(c)
s. 43(6)(c)(ii)

222.

Changing “Securities Industry (Western Australia) Code” Acts

Each provision listed in the Table to this section is amended by

deleting “Securities Industry (Western Australia) Code” and

inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Table

Real Estate and Business Agents Act 1978	s. 4(4)(b)
Settlement Agents Act 1981	s. 4(1)(b)