Corporations Act. Australia

Чтение книги онлайн.

СКАЧАТЬ a declaration of contravention under section 1317E;

      (b) a pecuniary penalty order under section 1317G;

      (ba) a refund order under section 1317GA;

      (c) a compensation order under section 961M, 1317H, 1317HA or 1317HB;

      (d) an order under section 206C disqualifying a person from managing corporations.

      civil penalty provision has the meaning given in subsection 1317E(1).

      class has:

      (b) in relation to shares or interests in a managed investment scheme — a meaning affected by section 57; and

      (c) when used in relation to securities for the purposes of Chapter 6, 6A or 6C — a meaning affected by subsection 605(2).

      clearing and settlement facility, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      close associate of a director means:

      (a) a relative of the director; or

      (b) a relative of a spouse of the director.

      closely related party of a member of the key management personnel for an entity means:

      (a) a spouse or child of the member; or

      (b) a child of the member’s spouse; or

      (c) a dependant of the member or of the member’s spouse; or

      (d) anyone else who is one of the member’s family and may be expected to influence the member, or be influenced by the member, in the member’s dealings with the entity; or

      (e) a company the member controls; or

      (f) a person prescribed by the regulations for the purposes of this paragraph.

      coastal sea:

      (a) in relation to Australia — means:

      (i) the territorial sea of Australia; and

      (ii) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;

      and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea; and

      (b) in relation to a State or Territory — means so much of the coastal sea of Australia as is within the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 under the heading that refers to that State or Territory.

      commence, in relation to a winding up, has the meaning given by Division 1A of Part 5.6.

      commencement, in relation to an accounting standard, means:

      (a) in the case of an accounting standard as originally in effect — the time when the accounting standard took effect; or

      (b) in the case of an accounting standard as varied by a particular provision of an instrument made under section 334—the time when that provision took effect.

      Commission delegate has the same meaning as in the ASIC Act.

      committee of creditors, in relation to a company under administration, means a committee of creditors of the company appointed at a meeting convened under section 436E.

      Commonwealth authority means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.

      company means a company registered under this Act and:

      (c) in Parts 5.7B and 5.8 (except sections 595 and 596), includes a Part 5.7 body; and

      (d) in Part 5B.1, includes an unincorporated registrable body.

      company limited by guarantee means a company formed on the principle of having the liability of its members limited to the respective amounts that the members undertake to contribute to the property of the company if it is wound up.

      company limited by shares means a company formed on the principle of having the liability of its members limited to the amount (if any) unpaid on the shares respectively held by them.

      compliance period for an infringement notice has the meaning given by section 1317DAA.

      condition, in relation to a licence, means a condition or restriction to which the licence is subject, or will be subject, as the case requires.

      connected entity, in relation to a corporation, means:

      (a) a body corporate that is, or has been, related to the corporation; or

      (b) an entity that is, or has been, connected (as defined by section 64B) with the corporation.

      consolidated entity means a company, registered managed investment scheme or disclosing entity together with all the entities it is required by the accounting standards to include in consolidated financial statements.

      constitution means (depending on the context):

      (a) a company’s constitution, which (where relevant) includes rules and consequential amendments that are part of the company’s constitution because of the Life Insurance Act 1995; or

      (b) a managed investment scheme’s constitution; or

      (c) in relation to any other kind of body:

      (i) the body’s charter or memorandum; or

      (ii) any instrument or law (other than this Act) constituting, or defining the constitution of, the body or governing the activities of the body or its members.

      Note: The Life Insurance Act 1995 has rules about how benefit fund rules become part of a company’s constitution. They override this Act. See Subdivision 2 of Division 4 of Part 2A of that Act.

      continuous disclosure notice means:

      (a) a document used to notify a market operator of information relating to a body under provisions of the market’s listing rules referred to in subsection 674(1); or

      (b) a document under section 675 lodged in relation to the body.

      continuously quoted securities are securities that:

      (a) are in a class of securities that were quoted ED securities at all times in the 3 months before the date of the prospectus or Product Disclosure Statement; and

      (b) are securities of an entity in relation to which the following subparagraphs are satisfied during the shorter of the period during which the class of securities were quoted, and the period of 12 months before the date of the prospectus or Product СКАЧАТЬ