Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

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      Corporations Act 2001

      No. 50, 2001 as amended

      Compilation start date: 19 July 2013

      Includes amendments up to: Act No. 61, 2013

      This compilation has been split into 5 volumes

      [email protected]

      Corporations Act 2001

      No. 50, 2001 as amended

      Compilation start date: 19 July 2013

      Includes amendments up to: Act No. 61, 2013

      This compilation has been split into 5 volumes

      Volume 1: sections 1–260E

      Volume 2: sections 283AA–601DJ

      Volume 3: sections 601EA–742

      Volume 4: sections 760A–1200U

      Volume 5: sections 1274–1541

      Schedules

      Endnotes

      Each volume has its own contents

      About this compilation

      This compilation

      This is a compilation of the Corporations Act 2001 as in force on 19 July 2013. It includes any commenced amendment affecting the legislation to that date.

      This compilation was prepared on 27 September 2013.

      The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

      Uncommenced amendments

      The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

      Application, saving and transitional provisions for provisions and amendments

      If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

      Modifications

      If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

      Provisions ceasing to have effect

      If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

      An Act to make provision in relation to corporations and financial products and services, and for other purposes

      Volume 1: sections 1–260E

      Chapter 1 — Introductory

      Part 1.1 — Preliminary

      1 Short title

      This Act may be cited as the Corporations Act 2001.

      2 Commencement

      This Act commences on a day to be fixed by Proclamation.

      3 Constitutional basis for this Act

      (1) The operation of this Act in the referring States is based on:

      (a) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)); and

      (b) the legislative powers that the Commonwealth Parliament has in respect of matters to which this Act relates because those matters are referred to it by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.

      Note: The State referrals fully supplement the Commonwealth Parliament’s other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.

      (2) The operation of this Act in the Northern Territory and the Capital Territory is based on:

      (a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of those Territories; and

      (b) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution.

      Despite subsection 22(3) of the Acts Interpretation Act 1901, this Act as applying in those territories is a law of the Commonwealth.

      (3) The operation of this Act outside Australia is based on:

      (a) the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

      (b) the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution; and

      (c) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of those Territories.

      (4) The operation of this Act in a State that is not a referring State is based on:

      (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and

      (b) the legislative powers that the Commonwealth Parliament has in respect of matters to which this Act relates because those matters are referred to it by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.

      4 Referring States

      Reference of matters by State Parliament to Commonwealth Parliament

      (1) A State is a referring State if the Parliament of the State has referred the matters covered by subsections (4) and (5) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:

      (a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and

      (b) if and to the extent to which the matters are included in the legislative powers of the Parliament of the State.

      This subsection has effect subject to subsections (6) СКАЧАТЬ