Corporations (Financial Services Reform Amendments) Act 2002 (Vic)
Corporations (Financial Services Reform
Amendments) Act 2002
Act No. 9/2002
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2 3. Consequential amendments 2 PART 2—AMENDMENT OF CORPORATIONS (ANCILLARY
PROVISIONS) ACT 2001 3
4. Power to amend certain statutory rules 3 5. New section 22A inserted 3
22A. Power to make interim regulations construing certain
references in Acts 3
6. New section 24A inserted 5
24A. Validation 5
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SCHEDULE—Consequential amendments 7
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ENDNOTES 14
i
Victoria
No. 9 of 2002
Corporations (Financial Services Reform Amendments) Act 2002†
[Assented to 23 April 2002]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Corporations (Ancillary Provisions) Act 2001
and certain other Victorian Acts as a consequence
of the enactment by the Parliament of the
Commonwealth of the Financial Services Reform
Act 2001.
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 s. 2
2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
3. Consequential amendments
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
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Corporations (Financial Services Reform Amendments) Act
2002
| s. 4 | Act No. 9/2002 |
PART 2—AMENDMENT OF CORPORATIONS (ANCILLARY
PROVISIONS) ACT 2001
4. Power to amend certain statutory rules
| See: | (1) In section 22(2)(e) of the Corporations |
| Act No. | |
| 43/2001. | (Ancillary Provisions) Act 2001, for "Act." |
| LawToday: | |
| substitute— | |
| dpc.vic. | |
| gov.au | "Act; or |
(f)
an Act amending an Act referred to in paragraph (d) or (e).".
(2) In section 25(6) of the Corporations (Ancillary
Provisions) Act 2001, after "relevant time" insert "or, in the case of regulations made under section 22(2)(f) 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".
5. New section 22A inserted
After section 22 of the Corporations (Ancillary
Provisions) Act 2001 insert—
'22A. Power to make interim regulations
construing certain references in Acts
(1) 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
(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
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 s. 5 amending the new ASIC Act or the new
Corporations Act.
(2) The Governor in Council, on the
recommendation of the Minister, may make
regulations providing that an affected
reference in any Act is to be construed as set
out in the regulations.(3) The Minister may make a recommendation
under sub-section (2) 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 sub-section (4), the proposed regulations do not deal with any other matter. (4) 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 sub-section (3)(a).
Note: Section 25(6) and (7) enable a provision of the
regulations made under this section to have
effect from a time that is earlier than the day on
which they are made.(5) Regulations made under this section have
effect according to their terms.
(6) Part 2 of the Subordinate Legislation Act
1994 does not apply to regulations made
under this section.
Corporations (Financial Services Reform Amendments) Act
2002
| s. 6 | Act No. 9/2002 |
(7) 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.'.
6. New section 24A inserted
After section 24 of the Corporations (Ancillary
Provisions) Act 2001 insert—
'24A. Validation
(1) In this section "relevant period" means the
period—
(a) starting on the commencement of Part 1 of Schedule 1 to the Financial Services Reform Act 2001 of the Commonwealth; and
(b) ending immediately before the
commencement of the Corporations
(Financial Services Reform
Amendments) Act 2002.(2) Anything done or omitted to be done by a person or body during the relevant period that would have been valid and lawful had the Corporations (Financial Services
Reform Amendments) Act 2002 been in operation at the time at which the thing was done or omitted, must be taken to be, and to have always been, valid and lawful.
(3) Anything done or omitted to be done by a person or body during the relevant period that would have been valid and lawful had none of the provisions of the Financial
Services Reform Act 2001 of the Commonwealth been in operation at the time at which the thing was done or omitted, must be taken to be, and to have always been, valid and lawful.'.
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002
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Corporations (Financial Services Reform Amendments) Act
2002
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| SCHEDULE |
Section 3
CONSEQUENTIAL AMENDMENTS
1. Associations Incorporation Act 1981
In section 53(2), for paragraph (a) substitute—
"(a) if the incorporated association is a company under the
Corporations Act—to the extent necessary for an
association to be deregistered as a company under that
Act;".
2. Co-operatives Act 1996
2.1 In section 9(2)—
(a)
in paragraph (h), for "the futures industry" substitute "derivatives";
(b) for paragraph (i) substitute—
"(i) provisions relating to—
(i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or
(ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or";
(c)
in paragraph (j), for "conduct of securities business" substitute "carrying on of a financial services business (as defined in section 761A of the Corporations Act) relating to securities";
(d) for paragraph (k) substitute—
"(k) provisions relating to financial statements, and audits of financial statements, of—
(i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 Sch. (ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or";
(e) for paragraph (l) substitute—
"(l) provisions relating to money and scrip of
clients of—
(i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or
(ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or".
2.2 In section 9(3), for paragraph (d) substitute—
"(d) Part 7.10 (Market misconduct).".
2.3
In section 263(1), for "Part 7.11 (Conduct in relation to securities)" substitute "Part 7.10 (Market misconduct)".
2.4 In section 316, for "Chapter 5A" substitute "Part 5A.1". 2.5 In the heading to section 323, for "winding up" substitute
"administration".2.6 In section 323, paragraphs (b) and (d) are repealed.
3. Country Fire Authority Act 1958
In section 3(1), for the definition of "insurance intermediary" substitute—
' "insurance intermediary" means—
(a)
a person who arranges contracts of insurance in Victoria—
(i) for reward; and
(ii) as an agent for a person carrying on a business of insurance; or
Corporations (Financial Services Reform Amendments) Act
2002
| Sch. | Act No. 9/2002 |
(b) a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance; or (c) a regulated principal (as defined in section 1430 business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act;'.
4. Duties Act 2000
4.1 In section 3(1)—
(a) in the definition of "Australian register", for "Corporations Law" substitute "Corporations Act"; (b) for the definition of "insurance intermediary" substitute— ' "insurance intermediary" means—
(a) a person who arranges contracts of insurance in Victoria— (i) for reward; and
(ii) as an agent for a person carrying on a business of insurance; or (b) a financial services licensee (within the meaning of section 761A of the Corporations Act) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance; or (c) a regulated principal (within the meaning of section 1430 of the Corporations Act) when carrying on business as an principal is authorised to carry on by
insurance broker that the regulated of that Act;';
(c)
in the definition of "private company", for "quoted" substitute "listed for quotation";
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 Sch.
(d) in the definition of "recognised stock exchange", for paragraphs (b), (c) and (d) substitute— "(b) a prescribed financial market (within the
meaning of section 9 of the Corporations Act);
or
(c)
a licensed market (within the meaning of section 761A of the Corporations Act) that is prescribed as a recognised stock exchange for the purposes of this Act;".
4.2 In section 10(2)(a) and (b), for "quoted" substitute "listed
for quotation".4.3 In section 187(1), for paragraph (a) substitute—
"(a) if the insurer's authorisation under the Insurance Act 1973 of the Commonwealth is revoked; or".
5. Environment Protection Act 1970
In section 7(6), for "on a recognized stock exchange in
Australia" substitute "for quotation on a prescribed
financial market (as defined in section 9 of the CorporationsAct)".
6. Estate Agents Act 1980
6.1 In section 4(1)—
(a) in the definition of "declared corporation", for "on an Australian Stock Exchange" substitute "for quotation on a prescribed financial market (as defined in section 9 of the Corporations Act)";
(b) in the definition of "private corporation", for "on any Australian Stock Exchange" substitute "for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act)".
6.2 In section 15(1C), after "meaning of" insert "section 9 of". 6.3 In section 55(9), in paragraph (a)(i), for "corporation the
shares of which are listed on an Australian Stock Exchange"
substitute "listed corporation (as defined in section 9 of the
Corporations Act)".
7. Gas Industry Act 2001
Corporations (Financial Services Reform Amendments) Act
2002
| Sch. | Act No. 9/2002 |
In section 114, in the definition of "related body corporate",
for "the Corporations Law" substitute "section 50 of theCorporations Act".
8. House Contracts Guarantee Act 1987
In section 51(2), for "Corporations Law" substitute
"Corporations Act".
9. Instruments Act 1958
In section 111—
(a)
in sub-section (1)(b), for "stock broker," substitute "financial services licensee, regulated principal,";
(b) for sub-section (4) substitute—
'(4) In sub-section (1)—
"financial services licensee" means a financial
services licensee (as defined in section 761A of the Corporations Act) whose licence covers dealing in securities;
"regulated principal" means a regulated
principal (as defined in section 1430 of the Corporations Act) who is authorised by Subdivision D of Division 1 of Part
10.2 of that Act to deal in securities.'.
10. Legal Practice Act 1996
In section 3(1), in the definition of "constitution", for
"Corporations Law" substitute "Corporations Act".
11. Metropolitan Fire Brigades Act 1958
In section 3(1), for the definition of "insurance intermediary" substitute—
' "insurance intermediary" means—
(a)
a person who arranges contracts of insurance in Victoria—
(i) for reward; and
(ii) as an agent for a person carrying on a business of insurance; or
(b)
a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance
Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 Sch. as an agent for a person carrying on a business
of insurance; or
(c) a regulated principal (as defined in section 1430 business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act;'.
12. Municipal Association Act 1907
For section 10C substitute—
"10C. Association may arrange insurance
The Association may, in relation to insurance requirements of its members and any other bodies constituted under any Act for any public or local governing purpose or constituted for a joint purpose by two or more of such members and other bodies—
(a)
do all such things as are ordinarily done by financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance; and
(b)
in particular, receive commission for arranging those contracts of insurance.".
13. Partnership Act 1958
In section 74(2), for "7.11 (Conduct in relation to securities)" substitute "7.10 (Market misconduct)".
14. Trustee Act 1958
14.1 In section 28(1), for "stockbroker," substitute "financial
services licensee, regulated principal,".
14.2 After section 28(4), insert—
'(5) In sub-section (1)—
"financial services licensee" means a financial
services licensee (as defined in section 761A of
the Corporations Act) whose licence covers
dealing in, or providing advice about,
securities;
"regulated principal" means a regulated principal (as defined in section 1430 of the Corporations
Corporations (Financial Services Reform Amendments) Act
2002
| Sch. | Act No. 9/2002 |
| Act) who is authorised by Subdivision D of provide advice about, securities.'. |
15. Trustee Companies Act 1984
15.1 In section 4(1), for the definition of "nominee corporation"
substitute—' "nominee corporation" means a body corporate whose
principal business is the business of holding
marketable securities as a trustee or nominee;'.15.2 In section 40(10)—
(a)
for "Stock Exchange, the quotations published by the Stock Exchange" substitute "prescribed financial market (as defined in section 9 of the Corporations Act), the quotations published by that market";
(b)
for "chairman or the secretary of the relevant Stock Exchange" substitute "chairperson or secretary of the market licensee (as defined in section 761A of the Corporations Act) who is authorised to operate that market".
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Corporations (Financial Services Reform Amendments) Act
2002
Act No. 9/2002 Endnotes ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 28 February 2002
Legislative Council: 17 April 2002
The long title for the Bill for this Act was "to amend the Corporations (Ancillary Provisions) Act 2001 and certain other Victorian Acts as a consequence of the enactment by the Parliament of the Commonwealth of
the Financial Services Reform Act 2001 and for other purposes."
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