Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

СКАЧАТЬ of a person is both an offence against the Corporations legislation and an offence under the law of a State or Territory; and

      (b) the person is convicted of either of those offences;

      the person is not liable to be convicted of the other of those offences.

      5F Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter

      (1) Subsection (2) applies if a provision of a law of a State or Territory declares a matter to be an excluded matter for the purposes of this section in relation to:

      (a) the whole of the Corporations legislation; or

      (b) a specified provision of the Corporations legislation; or

      (c) the Corporations legislation other than a specified provision; or

      (d) the Corporations legislation otherwise than to a specified extent.

      (2) By force of this subsection:

      (a) none of the provisions of the Corporations legislation (other than this section) applies in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(a) applies; and

      (b) the specified provision of the Corporations legislation does not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(b) applies; and

      (c) the provisions of the Corporations legislation (other than this section and the specified provisions) do not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(c) applies; and

      (d) the provisions of the Corporations legislation (other than this section and otherwise than to the specified extent) do not apply in the State or Territory in relation to the matter if the declaration is one to which paragraph (1)(d) applies.

      (3) Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.

      (4) By force of this subsection, if:

      (a) the Corporations Law, ASC Law or ASIC Law of a State or Territory; or

      (b) a provision of that Law;

      did not apply to a matter immediately before this Act commenced because a provision of a law of the State or Territory provided that that Law, or that provision, did not apply to the matter, the Corporations legislation, or the provision of the Corporations legislation that corresponds to that provision of that Law, does not apply in the State or Territory to the matter until that law of the State or Territory is omitted or repealed.

      (5) Subsection (4) does not apply to the application of the provisions of the Corporations legislation to the matter to the extent to which the regulations provide that that subsection does not apply to the matter.

      (6) In this section:

      matter includes act, omission, body, person or thing.

      5G Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws

      Section overrides other provisions of the Corporations legislation

      (1) This section has effect despite anything else in the Corporations legislation.

      Section does not deal with provisions capable of concurrent operation

      (2) This section does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Corporations legislation.

      Note: This kind of provision is dealt with by section 5E.

      When this section applies to a provision of a State or Territory law

      (3) This section applies to the interaction between:

      (a) a provision of a law of a State or Territory (the State provision); and

      (b) a provision of the Corporations legislation (the Commonwealth provision);

      only if the State provision meets the conditions set out in the following table:

      Conditions to be met before section applies

      [operative]

      Item

      Kind of provision

      Conditions to be met

      1

      a pre‑commencement (commenced) provision

      (a) the State provision operated, immediately before this Act commenced, despite the provision of:

      (i) the Corporations Law of the State or Territory (as in force at that time); or

      (ii) the ASC or ASIC Law of the State or Territory (as in force at that time);

      that corresponds to the Commonwealth provision; and

      (b) the State provision is not declared to be one that this section does not apply to (either generally or specifically in relation to the Commonwealth provision) by:

      (i) regulations made under this Act; or

      (ii) a law of the State or Territory.

      2

      a pre‑commencement (enacted) provision

      (a) the State provision would have operated, immediately before this Act commenced, despite the provision of:

      (i) the Corporations Law of the State or Territory (as in force at that time); or

      (ii) the ASC or ASIC Law of the State or Territory (as in force at that time);

      that corresponds to the Commonwealth provision if the State provision had commenced before the commencement of this Act; and

      (b) the State provision is not declared to be one that this section does not apply to (either generally or specifically in relation to the Commonwealth provision) by:

      (i) regulations made under this Act; or

      (ii) a law of the State or Territory.

      3

      a post‑commencement provision the State provision is declared by a law of the State or Territory to be a Corporations legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision)

      4

      a provision that is materially amended on or after this СКАЧАТЬ