Corporations (Consequential Amendments) Act (No. 2) 2003 (WA)

Western Australia

Corporations (Consequential Amendments) Act

(No. 2) 2003

Western Australia

Corporations (Consequential Amendments) Act

(No. 2) 2003

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Associations Incorporation*

Act 1987

3.	The Act amended	3
4.	Section 30 amended	3
5.	Section 32 amended	3
Part 3 — *Business Names Act 1962*
6.	The Act amended	4
7.	Section 4 amended	4
8.	Section 5A amended	4
9.	Section 19 amended	5
10.	Section 26 amended	6
Part 4 — *Chattel Securities Act 1987*
11.	The Act amended	7
12.	Section 8 amended	7
13.	Section 10 amended	7

Corporations (Consequential Amendments) Act (No. 2) 2003

Contents

Part 5 — Co-operative and Provident

Societies Act 1903

14. The Co-operative and Provident Societies

Act 1903 amended

Part 6 — Corporations (Ancillary

Provisions) Act 2001

15.	The Act amended	9
16.	Section 22 amended	9
17.	Section 22A inserted	9

22A.

Power to make interim regulations

construing certain references in Acts

18.	Section 25 amended	11
Part 7 — *Criminal Property*

Confiscation Act 2000

19. The Criminal Property Confiscation Act 2000

amended

Part 8 — Employers’ Indemnity

Supplementation Fund Act 1980

20.	The Act amended	13
21.	Section 3 amended	13
22.	Section 35 repealed	13

35.

Control of powers of liquidators of insurers

23.	Section 36 amended	14
Part 9 — *Gold Corporation Act 1987*
24.	The Act amended	15
25.	Section 3 amended	15
26.	Sections 4, 35 and 48 amended	15
27.	Section 72 amended	16
28.	Section 73 amended	16
29.	Schedule 1 amended	16
Part 10 — *Housing Act 1980*
30.	The Housing Act 1980 amended	18
Part 11 — *Housing Societies Act 1976*
31.	The Housing Societies Act 1976 amended	19

Corporations (Consequential Amendments) Act (No. 2) 2003

Contents

Part 12 — Industrial Relations

Act 1979

32.	The Industrial Relations Act 1979 amended	20
Part 13 — *Limited Partnerships*

Act 1909

33.	The Limited Partnerships Act 1909 amended	21
Part 14 — *Local Government Act 1995*
34.	The Local Government Act 1995 amended	22
Part 15 — *Petroleum Act 1967*
35.	The Petroleum Act 1967 amended	23
Part 16 — *Petroleum Pipelines*

Act 1969

36.	The Petroleum Pipelines Act 1969 amended	24
Part 17 — *Petroleum (Registration*

Fees) Act 1967

37. The Petroleum (Registration Fees) Act 1967

amended

Part 18 — Petroleum (Submerged

Lands) Act 1982

38. The Petroleum (Submerged Lands) Act 1982

amended

Part 19 — Petroleum (Submerged

Lands) Registration Fees

Act 1982

39. The Petroleum (Submerged Lands) Registration

Fees Act 1982 amended

Part 20 — Pharmacy Act 1964

40.

The Pharmacy Act 1964 amended

Corporations (Consequential Amendments) Act (No. 2) 2003

Contents

Part 21 — Property Law Act 1969

41.	The Property Law Act 1969 amended	29
Part 22 — *Sale of Land Act 1970*
42.	The Act amended	30
43.	Section 19A amended	30
44.	Section 19B amended	30
Part 23 — *Suitors’ Fund Act 1964*
45.	The Act amended	31
46.	Section 3 amended	31
47.	Section 15A amended	31
Part 24 — *Supreme Court Act 1935*
48.	The Act amended	32
49.	Section 60 amended	32
50.	Section 145 amended	32
Part 25 — *Unclaimed Money Act 1990*
51.	The Unclaimed Money Act 1990 amended	33

Western Australia

Corporations (Consequential Amendments) Act

(No. 2) 2003

No. 20 of 2003

An Act to amend various Acts as a consequence of the Commonwealth enacting the Corporations Act 2001 and to make other minor amendments relating to the regulation of bodies corporate.

[Assented to 23 April 2003]

The Parliament of Western Australia enacts as follows:

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Corporations (Consequential

Amendments) Act (No. 2) 2003.

2. Commencement

(1)

This Act (other than Part 6) is deemed to have come into

operation immediately after the Corporations Act 2001 of the

Commonwealth came into operation.

(2)

Part 6 comes into operation on the day on which this Act

receives the Royal Assent.

Corporations (Consequential Amendments) Act (No. 2) 2003

Associations Incorporation Act 1987

Part 2

s. 3

Part 2 — Associations Incorporation Act 1987

3. The Act amended

The amendments in this Part are to the Associations

Incorporation Act 1987*.

[* Reprinted as at 20 August 1999.

For subsequent amendments see Act No. 10 of 2001.]

4. Section 30 amended

Section 30(4) is amended by deleting “Parts 5.4 to 5.7” and

inserting instead —

“ one or more of Parts 5.4 to 5.8 ”.

5. Section 32 amended

Section 32 is amended by deleting “5.7” and inserting

instead —

“ 5.8 ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 3	Business Names Act 1962
s. 6

Part 3 — Business Names Act 1962

6. The Act amended

The amendments in this Part are to the Business Names

Act 1962*.

[*Reprinted as at 16 February 2001.]

7. Section 4 amended

Section 4 is amended as follows:

(a)	by deleting the definition of “corporation” and inserting instead —

“

“corporation” means a corporation within the

meaning of the Corporations Act 2001 of the the meaning of section 66A of that Act;

”;

(b)	by deleting the definition of “secretary” and inserting instead —
“

“secretary”, includes —

(a)	any person performing the duties of secretary of the corporation; and
(b)	the local agent of a foreign corporation within the meaning of the Corporations Act 2001 of the Commonwealth;

”.

8. Section 5A amended

Section 5A(1)(c) is deleted and the following paragraph is

inserted instead —

“

(c)	of an offence under —

(i) section 108, 229, 554, 555, 556, 559 or 560 of the Companies (Western

Corporations (Consequential Amendments) Act (No. 2) 2003

Business Names Act 1962

Part 3

s. 9

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

of the Securities Industry (Western

Australia) Code;

(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 corresponds with any of the provisions in subparagraph (i).

”.

9. Section 19 amended

Section 19(1)(d) is amended by deleting “name of the

corporation has been struck off any register of corporations kept

under the Companies (Western Australia) Code, or the

corporation has been dissolved” and inserting instead —

“

corporation has been deregistered under the

Corporations Act 2001 of the Commonwealth

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 3	Business Names Act 1962
s. 10

10. Section 26 amended

Section 26(2)(a) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Chattel Securities Act 1987	Part 4
s. 11

Part 4 — Chattel Securities Act 1987

11. The Act amended

The amendments in this Part are to the Chattel Securities

Act 1987*.

[*Act No. 101 of 1987.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 56.]

12. Section 8 amended

(1)

Section 8(1)(c) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

(2)

Section 8(2) is amended by deleting “Companies (Western

Australia) Code are related to each other would be determined

under that Code” and inserting instead —

“

Corporations Act 2001 of the Commonwealth are

related bodies corporate would be determined under

that Act

”.

13. Section 10 amended

Section 10(2) is amended by deleting “Companies (Western

Australia) Code” and inserting instead —

“ Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 5	Co-operative and Provident Societies Act 1903
s. 14

Part 5 — Co-operative and Provident Societies Act 1903

14. The Co-operative and Provident Societies Act 1903 amended

Section 46(2) and (3) of the Co-operative and Provident

Societies Act 1903* are amended by inserting after “5.6” —

“ , 5.7B and 5.8 ”.

[* Reprinted as approved 30 September 1969.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 92 and Act No. 10 of 2001.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Corporations (Ancillary Provisions) Act 2001	Part 6
s. 15

Part 6 — Corporations (Ancillary Provisions) Act 2001

15. The Act amended

The amendments in this Part are to the Corporations (Ancillary

Provisions) Act 2001*.

[*Act No. 8 of 2001.]

16. Section 22 amended

Section 22(2) is amended as follows —

(a)	in paragraphs (b) and (c) by inserting after “1989” —

“ of the Commonwealth ”;

(b)	after paragraph (e) by deleting “or”;
(c)	after paragraph (f) by deleting the full stop and inserting —

“

; or

(g)	an Act amending an Act referred to in paragraph (e) or (f).

”.

17. Section 22A inserted

After section 22 the following section is inserted —

“

22A.

Power to make interim regulations construing

certain references in Acts

(1)	The Governor, on the recommendation of the Minister, may make regulations providing that an affected reference in an Act is to be construed as set out in the regulations.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 6	Corporations (Ancillary Provisions) Act 2001
s. 17

(2)	The Minister may make a recommendation under subsection (1) only if he or she considers that —

(a)	each substantive provision of the proposed regulations is necessary as a consequence of the enactment, or the proposed enactment, by the Parliament of the Commonwealth of an Act amending the new ASIC Act or the new Corporations Act; and
(b)	subject to subsection (3), the proposed regulations do not deal with any other matter.

(3)	Regulations made under this section may deal with matters of a transitional nature (including matters of an application or savings nature) consequent on the enactment of the amending Act referred to in subsection (2)(a).
(4)	Regulations made under this section have effect according to their terms.
(5)	Regulations under this section cannot be made after the end of 12 months after the amending Act to which they relate (or the relevant provision of that Act) comes into operation.
(6)	Regulations made under this section expire on the first anniversary of the day on which they are made unless they are revoked, or expressed to expire, on an earlier day.
(7)	In this section —
“affected reference” means —

(a)	a reference in an Act to a provision of the new ASIC Act or the new Corporations Act; or

Corporations (Consequential Amendments) Act (No. 2) 2003

Corporations (Ancillary Provisions) Act 2001	Part 6
s. 18

(b)	a reference in an Act to a term, expression or concept defined or used in the new ASIC Act or the new Corporations Act,

that is, or is to be, affected in any way by the

enactment or proposed enactment by the

Parliament of the Commonwealth of an Act

amending the new ASIC Act or the new

Corporations Act.

”.

18. Section 25 amended

Section 25(6) is amended by inserting after “relevant time” —

“

or, in the case of regulations made under

section 22(2)(g) or 22A, the time when the amending

Act (or the relevant provision of that Act) comes into

operation or is taken to have come into operation

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 7	Criminal Property Confiscation Act 2000
s. 19

Part 7 — Criminal Property Confiscation Act 2000

19. The Criminal Property Confiscation Act 2000 amended

The Glossary of the Criminal Property Confiscation Act 2000*

is amended in paragraph (b) of the definition of “corporation”

by deleting “Companies (Western Australia) Code” and

inserting instead —

“

Corporations Act 2001 of the

Commonwealth, other than an exempt body

within the meaning of section 66A of that

Act

”.

[*Act No. 68 of 2000.

For subsequent amendments see Act No. 12 of 2001.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Employers’ Indemnity Supplementation Fund Act 1980	Part 8
s. 20

Part 8 — Employers’ Indemnity Supplementation Fund

Act 1980

20. The Act amended

The amendments in this Part are to the Employers’ Indemnity

Supplementation Fund Act 1980*.

[*Reprinted as at 7 December 1994.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 135 and Act No. 2 of 2001.]

21. Section 3 amended

Section 3 is amended by inserting the following definition in the

appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”.

22. Section 35 repealed

Section 35 is repealed and the following section inserted

instead —

“

35. Control of powers of liquidators of insurers

(1)	The liquidator of an insurer may exercise his or her powers under section 477 of the Corporations Act with respect to any claim, judgment, order or award arising out of or in relation to an employer’s policy issued by the insurer subject to the following —

(a)	the liquidator may not exercise his or her powers under section 477(1) of the Corporations Act without the authority of the Insurance Commission;

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 8

Employers’ Indemnity Supplementation Fund Act 1980

s. 23

(b)	section 477(1)(b) applies as if “subject to the provisions of section 556,” were deleted;
(c)	section 477(2A) and (2B) apply as if the references in them to the approval of the Court, of the committee of inspection or of a resolution of the creditors were references to the approval of the Insurance Commission.

(2)	Subsection (1) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to section 477 of that Act.

”.

23. Section 36 amended

(1)

Section 36(1) and (2) are amended by deleting “section 441 of

the Companies (Western Australia) Code” and inserting

instead —

“ section 556 of the Corporations Act ”.

(2)

After section 36(3) the following subsection is inserted —

“

(4)	The payment of an amount referred to in subsection (1) or (2) is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to that Act to the extent to which the payment of the amount is governed by subsection (1) or (2).

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Gold Corporation Act 1987	Part 9
s. 24

Part 9 — Gold Corporation Act 1987

24. The Act amended

The amendments in this Part are to the Gold Corporation

Act 1987*.

[*Reprinted as at 2 January 2001.

For subsequent amendments see Act No. 43 of 2000.]

25. Section 3 amended

Section 3(1) is amended as follows:

(a)	by deleting the definition of “Code”;
(b)	by inserting the following definition in the appropriate alphabetical position —

“

“Corporations Act” means the Corporations Act 2001

of the Commonwealth;

”;

(c)

by deleting paragraph (c) of the definition of “

(c)	any body corporate that would be a subsidiary of Gold Corporation within the meaning of the Corporations Act if that Act applied to Gold Corporation;

”.

26. Sections 4, 35 and 48 amended

Sections 4(2)(d)(ii), 35(3)(d)(ii) and 48(2)(d)(ii) are amended by

deleting “might have been attributed to a public company

incorporated pursuant to the Code” and inserting instead —

“

are attributed to a public company

registered under the Corporations Act

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 9	Gold Corporation Act 1987
s. 27

27. Section 72 amended

Section 72(3) is repealed and the following subsection is

inserted instead —

“

(3)	In relation to a body corporate other than Gold Bank or Gold Corporation or a subsidiary of Gold Bank or Gold Corporation, “officer” means —

(a)	an officer within the meaning of the Corporations Act; and
(b)	any authorised person (not already covered by paragraph (a)) who enters into possession or assumes control of property of the body corporate under the Corporations Act for the purposes of enforcing a charge.

”.

28. Section 73 amended

Section 73(5) is amended by deleting “Part X of the Securities

Industry (Western Australia) Code, or of the provisions of a law

in force in a State or Territory that is a participating State or

participating Territory for the purposes of that Code being

provisions that correspond with the Part of the Code” and

inserting instead —

“ Part 7.11 of the Corporations Act ”.

29. Schedule 1 amended

(1)

Schedule 1 clause 2(2)(b) is amended by deleting “section 5 of

the Code” and inserting instead —

“ the Corporations Act ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Gold Corporation Act 1987	Part 9
s. 29

(2)	Schedule 1 clause 10(2)(b)(i) is amended by deleting “(not being a substantial shareholding within the meaning of Division 4 of Part IV of the Code)” and inserting instead —

“

(not being a substantial holding within the

meaning of the Corporations Act)

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 10	Housing Act 1980
s. 30

Part 10 — Housing Act 1980

30. The Housing Act 1980 amended

(1)	The amendments in this Part are to the Housing Act 1980*.
[*Reprinted as at 27 May 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 205 and Act No. 12 of 2001.]

(2)	Section 55(4) is repealed and the following subsection is inserted instead —

“

(4)

The floating security and charge and the debt owing to the Crown are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of

the Commonwealth in relation to Chapter 5 of that Act,

to the extent to which subsections (1), (2) and (3) of

this section provide for them in a way that would be

inconsistent with that Chapter but for this declaration

and section 5F of that Act.

”.

(3)	Section 55(5) is amended by deleting “Part XII of the Companies (Western Australia) Code or a corresponding law” and inserting instead — “

Chapter 5 of the Corporations Act 2001 of the

Commonwealth

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Housing Societies Act 1976

Part 11

s. 31

Part 11 — Housing Societies Act 1976

31. The Housing Societies Act 1976 amended

Section 71(2) and (2a) of the Housing Societies Act 1976* are

amended by inserting after “5.6” —

“ , 5.7B and 5.8 ”.

[* On 13 July 2001 the Building Societies Act 1976 was

renamed the Housing Societies Act 1976 by the Building

Societies Amendment Act 2001.

The Building Societies Act 1976 was reprinted as approved

14 April 1986.

For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 46, and Acts Nos. 10 and 12 of 2001.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 12	Industrial Relations Act 1979
s. 32

Part 12 — Industrial Relations Act 1979

32. The Industrial Relations Act 1979 amended

Section 96H(3) of the Industrial Relations Act 1979* is repealed

and the following subsection is inserted instead —

“

(3)	In this section —
“corporation” means a corporation within the

meaning of the Corporations Act 2001 of the the meaning of section 66A of that Act.

”.

[* Reprinted as at 4 February 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 213 and Act No. 10 of 2001.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Limited Partnerships Act 1909

Part 13

s. 33

Part 13 — Limited Partnerships Act 1909

33. The Limited Partnerships Act 1909 amended

(1)

The amendments in this Part are to the Limited Partnerships

Act 1909*.

[* Reprinted as approved 15 April 1985.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 251.]

(2)	Section 6(4) is repealed and the following subsections are inserted instead —

“

(4)

The winding up of a limited partnership 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, 5.4A,

5.4B, 5.6, 5.7B and 5.8 (winding up) of the

Corporations Act 2001 of the Commonwealth.

(4a)

The following modifications to the text of Parts 5.4,

5.4A, 5.4B, 5.6, 5.7B and 5.8 of the Corporations

Act 2001 of the Commonwealth apply for the purposes

of subsection (4) —

(a)	a reference to a company is to be read as a reference to a limited partnership;
(b)	a reference to the directors of a company is to be read as a reference to the general partners of a limited partnership;
(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 (No. 2) 2003

Part 14	Local Government Act 1995
s. 34

Part 14 — Local Government Act 1995

34. The Local Government Act 1995 amended

Section 9.58(4)(b) of the Local Government Act 1995* is

amended by deleting “Corporate Affairs” and inserting

instead —

“ Fair Trading ”.

[* Reprinted as at 18 February 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 257 and Acts Nos. 36 of 1999

and 10 of 2001.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Petroleum Act 1967

Part 15

s. 35

Part 15 — Petroleum Act 1967

35. The Petroleum Act 1967 amended

(1)	The amendments in this Part are to the Petroleum Act 1967*.
[* Reprinted as at 14 January 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 336.]

(2)

Section 75(8) is amended by deleting “the National Companies

and Securities Commission relating to the creation of that

charge pursuant to section 201 of the Companies (Western

Australia) Code or pursuant to the corresponding provision of a

law of the Commonwealth or another State or a Territory” and

inserting instead —

“

the Australian Securities and Investments Commission

relating to the creation of that charge pursuant to

section 263 of the Corporations Act 2001 of the

Commonwealth

”.

(3)

Section 75(15) is amended by deleting “section 201 of the

Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 16	Petroleum Pipelines Act 1969
s. 36

Part 16 — Petroleum Pipelines Act 1969

36. The Petroleum Pipelines Act 1969 amended

(1)

The amendments in this Part are to the Petroleum Pipelines

Act 1969*.

[* Reprinted as at 12 May 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 337.]

(2)

Section 47(8) is amended by deleting “the National Companies

and Securities Commission relating to the creation of that

charge pursuant to section 201 of the Companies (Western

Australia) Code or pursuant to the corresponding provision of a

law of the Commonwealth or another State or a Territory” and

inserting instead —

“

the Australian Securities and Investments Commission

relating to the creation of that charge pursuant to

section 263 of the Corporations Act 2001 of the

Commonwealth

”.

(3)

Section 47(15) is amended by deleting “section 201 of the

Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Petroleum (Registration Fees) Act 1967

Part 17

s. 37

Part 17 — Petroleum (Registration Fees) Act 1967

37. The Petroleum (Registration Fees) Act 1967 amended

(1)

The amendments in this Part are to the Petroleum (Registration

Fees) Act 1967*.

[* Reprinted as at 16 January 1992.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 338.]

(2)	Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following subparagraph is inserted instead —

“

(i)

they are related bodies corporate within Act 2001 of the Commonwealth;

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 18	Petroleum (Submerged Lands) Act 1982
s. 38

Part 18 — Petroleum (Submerged Lands) Act 1982

38. The Petroleum (Submerged Lands) Act 1982 amended

(1)

The amendments in this Part are to the Petroleum (Submerged

Lands) Act 1982*.

[* Reprinted as at 6 August 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 339.]

(2)

Section 81(8) is amended by deleting “the National Companies

and Securities Commission relating to the creation of that

charge pursuant to section 201 of the Companies (Western

Australia) Code or pursuant to the corresponding provision of a

law of the Commonwealth or another State or a Territory” and

inserting instead —

“

the Australian Securities and Investments Commission

relating to the creation of that charge pursuant to

section 263 of the Corporations Act 2001 of the

Commonwealth

”.

(3)

Section 81(16) is amended by deleting “section 201 of the

Companies (Western Australia) Code” and inserting instead —

“ the Corporations Act 2001 of the Commonwealth ”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Petroleum (Submerged Lands) Registration Fees Act 1982

Part 19

s. 39

Part 19 — Petroleum (Submerged Lands) Registration

Fees Act 1982

39. The Petroleum (Submerged Lands) Registration Fees Act 1982 amended

(1)

The amendments in this Part are to the Petroleum (Submerged

Lands) Registration Fees Act 1982*.

[*Reprinted as at 18 March 1992.]

(2)

Section 4(4)(a)(i) and (7)(a)(i) are deleted and the following

subparagraph is inserted instead —

“

(i)

they are related bodies corporate within Act 2001 of the Commonwealth;

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 20	Pharmacy Act 1964
s. 40
Part 20 — *Pharmacy Act 1964*

40. The Pharmacy Act 1964 amended

Section 5(1) of the Pharmacy Act 1964* is amended by deleting

the definition of “Company” and inserting instead —

“

“Company” means a company, within the meaning of

the Corporations Act 2001 of the Commonwealth,

that is taken to be registered in Western Australia;

”.

[* Reprinted as at 29 January 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 340.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Property Law Act 1969

Part 21

s. 41

Part 21 — Property Law Act 1969

41. The Property Law Act 1969 amended

Section 88(2) of the Property Law Act 1969* is amended by

deleting “and not in derogation of the provisions of section 35

of the Companies Act 1961” and inserting instead —

“

the provisions of the Corporations Act 2001 of the

Commonwealth

”.

[* Reprinted as at 21 May 1999.]

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 22	Sale of Land Act 1970
s. 42
Part 22 — *Sale of Land Act 1970*

42. The Act amended

The amendments in this Part are to the Sale of Land Act 1970*.

[* Reprint approved 8 May 1978.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 402.]

43. Section 19A amended

Section 19A(2)(d)(i) is amended by deleting “would, within the

meaning of subsection (5) of section 7 of the Companies

(Western Australia) Code, be deemed to be related to each

other” and inserting instead —

“

are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth

”.

44. Section 19B amended

Section 19B(1)(a) is amended by deleting “a deed that is an

approved deed under and for the purposes of Division 6 of

Part IV of the Companies (Western Australia) Code” and

inserting instead —

“

a managed investment scheme that is registered

under Part 5C.1 of the Corporations Act 2001

of the Commonwealth

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Suitors’ Fund Act 1964

Part 23

s. 45

Part 23 — Suitors’ Fund Act 1964

45. The Act amended

The amendments in this Part are to the Suitors’ Fund Act 1964*.

[* Reprinted as at 29 October 1999.]

46. Section 3 amended

Section 3 is amended as follows:

(a)	by deleting the definition of “company” and of “foreign company”;
(b)	by inserting the following definitions in the appropriate alphabetical positions —

“

“company” has the same meaning as it has in the

Corporations Act 2001 of the Commonwealth;

“foreign company” means a foreign company within the meaning of the Corporations Act 2001 of the Commonwealth, and a registrable Australian body

(within the meaning of that Act) other than such a

body formed or incorporated in the State;

”.

47. Section 15A amended

Section 15A is amended by deleting “is, under and for the

purposes of the Companies (Western Australia) Code, deemed

to be a subsidiary of, or related to,” and inserting instead —

“

is, for the purposes of the Corporations Act 2001 of the

Commonwealth, a related body corporate of

”.

Corporations (Consequential Amendments) Act (No. 2) 2003

Part 24	Supreme Court Act 1935
s. 48

Part 24 — Supreme Court Act 1935

48. The Act amended

The amendments in this Part are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Act No. 27 of 2000.]

49. Section 60 amended

Section 60(1)(f)(iii) is repealed.

50. Section 145 amended

Section 145(3) is repealed.

Corporations (Consequential Amendments) Act (No. 2) 2003

Unclaimed Money Act 1990

Part 25

s. 51

Part 25 — Unclaimed Money Act 1990

51. The Unclaimed Money Act 1990 amended

Section 7(5) of the Unclaimed Money Act 1990* is amended by

deleting “Companies (Western Australia) Code” and inserting

instead —

“ Corporations Act 2001 of the Commonwealth ”.

[* Reprinted as at 5 November 1999.]