Corporations (Consequential Amendments) Regulations 2001 (WA)

28 September 2001 GOVERNMENT GAZETTE, WA 5353

JU302*

Corporations (Ancillary Provisions) Act 2001

Corporations (Consequential Amendments)

Regulations 2001

Made by the Governor in Executive Council, under the Corporations
(Ancillary Provisions) Act 2001 and on the recommendation of the

Attorney General.

Part 1 - Preliminary

1.            Citation

These regulations may be cited as the Corporations
(Consequential Amendments) Regulations 2001.

2.            Commencement

These regulations are deemed to have come into operation at the time at which the Corporations Act 2001 of the Commonwealth came into operation.

Part 2 - Associations Incorporation Regulations 1988

3.            The regulations amended

of the Commonwealth.

The amendments in this Part are to the Associations
Incorporation Regulations 1988*.

[* Reprinted as at 28 November 1997.1

4.            Regulation 3 replaced

Regulation 3 is repealed and the following regulation is inserted instead -

3.            Interpretation

In these regulations, unless the contrary intention
appears -
"Corporations Act" means the Corporations Act 2001

5354 GOVERNMENT GAZETTE, WA 28 September 2001

5.             Regulation 8 replaced

Regulation 8 is repealed and the following regulation is inserted instead -

8. Applied provisions - winding up by Court

For the purposes of section 32 of the Act, a reference in the text of Part 5.7 of the Corporations Act to a company carrying on its business or having a place of business is to be read as a reference to an incorporated association pursuing its objects or purposes.

Part 3 - Builders' Registration Regulations

6.            The Builders' Registration Regulations amended

Form No. 2B of the First Appendix to the Builders' Registration
Regulations* is amended in subitem 2.5(a) by deleting
"Companies (Western Australia) Code" and inserting instead -

Corporations Act 2001 of the Commonwealth ".

[* Reprinted as at 22 September 2000.

For amendments to 27 August 2001 see Gazette

31 July 2001.]

Part 4— Commercial Tenancy (Retail Shops)

Agreements Regulations 1985

7.

Commercial Tenancy (Retail Shops) Agreements

Regulations 1985 amended

The Commercial Tenancy (Retail Shops) Agreements

Regulations 1985* are amended in the Schedule Form 4 by

deleting paragraph (b) of the definition of "retail shop lease"
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;

[* Reprinted as at 24 November 2000.1

28 September 2001 GOVERNMENT GAZETTE, WA 5355

Part 5— Corporations (Ancillary Provisions)

Regulations 2001

8.	The Corporations (Ancillary Provisions) Regulations 2001 amended
(1)	The amendments in this Part are to the Corporations (Ancillary Provisions) Regulations 2001*.
[* Published in Gazette on 29 June 2001, p. 3258-60.1

(2) After regulation 4(1) the following subregulation is inserted -

46

(la) Section 11(1) of the Act does not apply to any

regulations, rules or by-laws, other than the

following -

(a)	regulation 6 of the Associations Incorporation Regulations 1988;
(b)	the Builders' Registration Regulations;
(c)	the Business Names Regulations 1962;
(d)	the Criminal Procedure Rules 2000;
(e)	the Evaporites (Lake Macleod) (Cape Cuvier Berth) By-laws 1991;
(f)	the Gas Pipelines Access (Western Australia) Regulations 2000;
(g)	the Legal Practice Board Rules 1949;
(h)	the Medical Rules 1987;

(i)	the Osteopaths Rules 1999;
(j)	the Perth Market By-Laws 1990;
(k)	the Rules of the Supreme Court 1971;

(1) the Settlement Agents' Code of Conduct 1982. IJ

(3) After regulation 4(2) the following subregulation is inserted -

44

(2a) Subregulation (3) does not apply to any regulations,

rules or by-laws, other than those listed in

subregulation (1 a).

IJ

5356 GOVERNMENT GAZETTE, WA 28 September 2001

Part 6— State Superannuation Regulations 2001

9.            The regulations amended

The amendments in this Part are to the State Superannuation
Regulations 2001 *•

[* Published in Gazette 16 February 2001, p. 921-1074.

For amendments to 27 August 2001 see Gazette
29 June 2001.1

10.          Schedule 2 amended

(1) The heading to Schedule 2 Part 4 is amended by deleting "ASC"

and inserting instead -

44 ASIC ".

(2) Schedule 2 Part 4 clause 13 is amended as follows:

(a) by deleting the definitions of "ASC" and "ASC worker"

and inserting the following definitions instead -

"ASIC" means -

(a)

the Australian Securities Commission established Commission Act 1989 of the Commonwealth;

(b)	the Australian Securities and Investments Commission as the Australian Securities Commission became known under that Act; and
(c)	the Australian Securities and Investments Commission as continued in existence by section 261 of the Australian Securities and
Investments Commission Act 2001 of the Commonwealth;

"ASIC worker" means a person who is a member of the staff of ASIC;

(b) in the definition of "relevant regulations" by deleting

"ASC" and inserting instead -

" ASIC ".

(3) Schedule 2 Part 4 clause 14 is amended as follows:

(a)

by deleting "an ASC" in each place that it occurs and " an ASIC ";

(b) by deleting "the ASC" in each place that it occurs and inserting instead -

" ASIC "

28 September 2001 GOVERNMENT GAZETTE, WA 5357

Part 7— Workers' Compensation and Rehabilitation

Regulations 1982

11. Workers' Compensation and Rehabilitation Regulations 1982 amended

After regulation 2A of the Workers' Compensation and

Rehabilitation Regulations 1982* the following regulation is

inserted -

3.            Limiting the definition of company

(1) For the purposes of the definition of "company" in
section 5(1) of the Act, the following registered bodies
are specified -

(a)	a registered Australian body that was formed or incorporated in the State;
(b)	a registered Australian body that was not formed or incorporated in the State and that does not have its head office or principal place of business in the State.

(2) In this regulation -

"registered Australian body" has the meaning given

by the Corporations Act 2001 of the

Commonwealth.

[* Reprinted as at 25 February 2000.

For amendments to 27 August 2001 see Gazette

17 November 2000.]

Part 8 - Minor amendments to other regulations

12.           Changing "Corporations Law" to "corporations Act 2001 of the Commonwealth" in various regulations

Each provision listed in the Table to this regulation is amended by deleting "Corporations Law" and inserting instead -

Corporations Act 2001 of the Commonwealth ".

Table

Electricity Distribution	r. 3 (definition of
Regulations 1997	"related body corporate")
Electricity Transmission	r. 3 (definition of
Regulations 1996	"related body corporate")

5358 GOVERNMENT GAZETTE, WA 28 September 2001

Grain Pool of W.A. (Elections)	r. 13(c)(iii)
Regulations 1976	Sch. Form 3
Industrial Relations (Pre-strike
Ballot Expenses)	r. 4(1)(a)
Regulations 1997
Liquor Licensing	Sch. 2 item 1(p) and
Regulations 1989	(q)
Local Government (Audit)
Regulations 1996	r. 6(1)(b)
Mines Safety and Inspection
Regulations 1995	r. 2.41(2)(b)
Mining Regulations 1981	r. 85(1) (definition of "related corporation")
Road Traffic (Licensing)
Regulations 1975	r. 21G(1)(a)(ii)
Water Services Coordination
(Plumbers Licensing)	Sch. 2 cl. 3(1)(c)
Regulations 2000
Western Australian Treasury
Corporation (Debt Paper)
Regulations 1986	r. 3(2) (both places)

Recommended by the Attorney General,

JIM McGINTY.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.