{"id":"corporations-ancillary-provisions-regulations-2001","name":"Corporations (Ancillary Provisions) Regulations 2001","slug":"corporations-ancillary-provisions-regulations-2001","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174380,"registerId":"wa-corporations-ancillary-provisions-regulations-2001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Corporations (Ancillary Provisions) Regulations 2001","content":"![Crest]()Western Australia\n\nCorporations (Ancillary Provisions) Act 2001\n\nCorporations (Ancillary Provisions) Regulations 2001\n\nWestern Australia\n\nCorporations (Ancillary Provisions) Regulations 2001\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Definition 1\n\n4. Application of section 11(1) of the *Corporations (Ancillary Provisions) Act 2001* 1\n\n5. Application of section 11(5) of the *Corporations (Ancillary Provisions) Act 2001* 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nCorporations (Ancillary Provisions) Act 2001\n\nCorporations (Ancillary Provisions) Regulations 2001\n\n##### 1. Citation\n\nThese regulations may be cited as the *Corporations (Ancillary Provisions) Regulations 2001* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation, or are deemed to have come into operation, at the same time that the *Corporations (Ancillary Provisions) Act 2001* comes into operation 1.\n\n##### 3. Definition\n\nIn these regulations —\n\nnew reference means a reference to —\n\n(a) the new corporations legislation;\n\n(b) the new ASIC legislation; or\n\n(c) a provision or group of provisions of that legislation.\n\n##### 4. Application of section 11(1) of the *Corporations (Ancillary Provisions) Act 2001*\n\n[(1) deleted]\n\n(1A) Section 11(1) of the Act does not apply to any regulations, rules or by‑laws, other than the *Rules of the Supreme Court 1971*.\n\n(2) Section 11(1) of the Act does not apply to a reference in a provision of an instrument made under an Act that provides for the commencement of such an instrument.\n\n(2a) Subregulation (3) does not apply to any regulations, rules or by‑laws, other than the *Rules of the Supreme Court 1971*.\n\n(3) Unless the contrary intention appears or the context otherwise requires, section 11(1) of the Act applies to the following references in instruments made under Acts as if the words “to be a reference” in that subsection were substituted for the words “to include a reference” —\n\n(a) a reference in a provision that gives a meaning to a term or phrase by reference to a provision, or group of provisions, of the old Corporations Law;\n\n(b) a reference in a provision that operates by reference to a status of a person under the old Corporations Law but only if the context of the reference indicates that a current status is being referred to;\n\n(c) a reference in a provision that provides that a person has a certain status as if the old Corporations Law applied to the person, or another person in relation to whom the first person has that status, but only if the context of the reference indicates that a current status is being referred to;\n\n(d) a reference in a provision that applies a provision, or a group of provisions, of the old Corporations Law as a law of the State.\n\n(4) The kinds of references referred to in each of the paragraphs in subregulation (3) are not to be regarded as necessarily mutually exclusive.\n\n[Regulation 4 amended: Gazette 28 Sep 2001 p. 5352 and 5355; 7 Dec 2001 p. 6187; 8 Oct 2002 p. 5096; 1 Aug 2003 p. 3295; 31 Dec 2009 p. 5401-2.]\n\n##### 5. Application of section 11(5) of the *Corporations (Ancillary Provisions) Act 2001*\n\n(1) Section 11(5) of the Act does not apply to the following —\n\n(a) the *Corporations (Ancillary Provisions) Act 2001*;\n\n(b) the *Corporations (Consequential Amendments) Act 2001*;\n\n(c) the *Corporations (Consequential Amendments) Act (No. 2) 2003*.\n\n(2) Section 11(5) of the Act does not apply to a new reference in a provision of an Act or an instrument made under an Act if, immediately before the relevant time, the provision did not expressly refer (or was not taken to be or include) a reference to a corresponding provision of the national scheme law of this jurisdiction.\n\nNote for this subregulation:\n\nImmediately before the relevant time (when the *Corporations Act 2001* of the Commonwealth comes into operation), certain references to the *Companies Act 1961* and other corporation laws in force in the State before the co‑operative scheme laws did not include references to the national scheme law. Some of these references were replaced in the *Corporations (Consequential Amendments) Act 2001* and the *Corporations (Consequential Amendments) Act (No. 2) 2003* by references to the new corporations legislation and the new ASIC legislation.\n\n(3) Unless the contrary intention appears or the context of the reference otherwise requires, any new reference in a provision to which subregulation (2) applies is taken to include a reference to a previous State corporations law (or provision of such a law) to which it referred immediately before the relevant time in relation to events, circumstances or things that happened or arose before the relevant time.\n\n[Regulation 5 amended: Gazette 1 Aug 2003 p. 3296.]\n\nNotes\n\n1 This is a compilation of the *Corporations (Ancillary Provisions) Regulations 2001* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Corporations (Ancillary Provisions) Regulations 2001* | 29 Jun 2001 p. 3258‑60 | 15 Jul 2001 (see r. 2 and Cwlth *Gazette* 13 Jul 2001 No. S285) |\n| *Corporations (Ancillary Provisions) Amendment Regulations 2001* | 28 Sep 2001 p. 5352 | 28 Sep 2001 (see r. 2 and *Gazette* 28 Sep 2001 p. 5352) |\n| *Corporations (Consequential Amendments) Regulations 2001* Pt. 5 | 28 Sep 2001 p. 5353‑8 | 15 Jul 2001 (see r. 2 and Cwlth *Gazette* 13 Jul 2001 No. S285) |\n| *Corporations (Ancillary Provisions) Amendment Regulations (No. 2) 2001* | 7 Dec 2001 p. 6186‑7 | 7 Dec 2001 |\n| *Corporations (Ancillary Provisions) Amendment Regulations 2002* | 8 Oct 2002 p. 5096 | 8 Oct 2002 |\n| *Corporations (Ancillary Provisions) Amendment Regulations 2003* | 1 Aug 2003 p. 3295‑6 | 1 Aug 2003 |\n| **Reprint 1: The *Corporations (Ancillary Provisions) Regulations 2001* as at 21 Jan 2005** (includes amendments listed above) | | |\n| *Corporations (Ancillary Provisions) Amendment Regulations 2009* | 31 Dec 2009 p. 5401-2 | 1 Jan 2010 (see r. 2 and *Gazette* 31 Dec 2009 p. 5327) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nnew reference 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was provided or retrievable. The page returned only a system outage notice from the Western Australian Parliamentary Counsel's Office website."},"complexity_factors":["No legislative content was retrievable — the source URL returned a system error/page-not-found message rather than actual legislation","Cannot assess complexity of the underlying regulations without access to the text","Score of 1 reflects absence of analysable content, not simplicity of the law itself"],"plain_english_summary":"The Corporations (Ancillary Provisions) Regulations 2001 are a Western Australian instrument that, in effect, governs how state law interacts with the national Corporations Act — i.e., the ancillary rules affecting how companies operate in WA.  \n\nThe actual text for this instrument is currently unavailable from the WA legislation site, so you’ll need to retrieve it from the WA legislation website, contact the Parliamentary Counsel’s Office, or check the Federal Register of Legislation for related instruments."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These Regulations narrow and qualify how section 11(1) and section 11(5) of the Corporations (Ancillary Provisions) Act 2001 apply in Western Australia. They (a) define the term ‘‘new reference’’ (reg 3); (b) exclude most regulations, rules and by‑laws (except the Rules of the Supreme Court 1971) from s11(1) (reg 4(1A)); (c) prevent s11(1) applying to commencement‑provisions (reg 4(2)); (d) substitute a stricter interpretive reading for several categories of references (reg 4(3)); and (e) preserve references to prior State corporations laws for pre‑commencement events (reg 5(2)–(3)). These are targeted deviations from a plain‑text application of s11 and therefore change the scope of the Act’s transitional reach."},"complexity_factors":["Interpretive substitution rule: reg 4(3) treats some references as if the words “to be a reference” replace “to include a reference”, creating a targeted change in interpretive effect (reg 4(3)).","Narrowing and exclusions: multiple carve‑outs limit s11(1)’s operation (eg reg 4(1A) excluding most regulations/rules/by‑laws; reg 4(2) excluding commencement instruments).","Contextual qualifiers: repeated ‘‘unless the contrary intention appears’’ and ‘‘only if the context … indicates’’ create judicial or administrative discretion when construing references (reg 4(3)(b),(c); reg 4(3) generally).","Transitional saving for prior State law: reg 5(2)–(3) preserves references to previous State corporations law for matters arising before commencement, adding temporal complexity.","Cross‑instrument interaction: the regs operate by reference to both the Act’s s11(1) and s11(5) and Commonwealth ‘new corporations’/‘new ASIC’ legislation, requiring attention to multiple statutes and instruments (regs 3, 4, 5).","Specified statutory exceptions: certain Acts are explicitly exempted from s11(5) (eg reg 5(1)(a)–(c)), requiring drafters to check lists as well as general rules.","Ambiguity risk for drafters and courts: the combination of general rules, exceptions and context‑dependent tests increases compliance and interpretation costs for agencies and affected parties."],"plain_english_summary":"These Regulations set how Western Australian laws and instruments should be read when they refer to the Commonwealth’s new corporations and ASIC laws. They define a “new reference”, limit how certain transitional interpretation rules in the Corporations (Ancillary Provisions) Act 2001 apply (excluding most regulations, rules and by‑laws), and preserve references to pre‑existing State corporations law for events before the Commonwealth Act began. They matter to drafters, agencies, courts and businesses relying on transitional references."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: facilitating the transition from Western Australia's state-based corporations law to the national scheme by managing statutory references. The amendments shown in the compilation table (2001-2009) appear to be technical refinements and corrections rather than scope expansion."},"complexity_factors":["Heavy reliance on cross-references to the parent Act (Corporations (Ancillary Provisions) Act 2001) without reproducing the operative provisions","Nested conditional logic in Regulation 4(3) with multiple paragraph exceptions and the \"unless the contrary intention appears\" caveat","Temporal complexity involving 'immediately before the relevant time' and transitional arrangements between old and new legislative schemes","Technical terminology requiring understanding of 'national scheme law', 'co-operative scheme laws', and 'previous State corporations law'","Deleted provisions (Regulation 4(1)) and amendment history indicating evolutionary complexity","Mutual non-exclusivity clause in Regulation 4(4) creating interpretive overlap between categories"],"plain_english_summary":"These regulations are technical rules that help Western Australian laws work properly with the national corporations law system.\n\n**What they do:**\nWhen Australia moved to a national corporations law scheme in 2001 (the \"Corporations Act 2001\"), Western Australia needed to update its own laws to reference the new national system instead of the old state-based companies law. These regulations fine-tune how that update happens.\n\n**Key points:**\n- **Regulation 4** deals with \"old references\" — it tells courts and officials when to treat mentions of the old state corporations law as actually meaning the new national law. It carves out exceptions for court rules and commencement provisions.\n- **Regulation 5** deals with \"new references\" — it prevents certain technical amendments from accidentally applying to things that happened before the national scheme started, and excludes specific amendment Acts from certain rules.\n\n**Who it affects:**\nMainly lawyers, judges, and government officials who need to interpret Western Australian legislation that touches on company law. It ensures continuity — so if a WA law refers to the old Companies Act 1961, it might now automatically mean the new Commonwealth Corporations Act.\n\n**Why it matters:**\nWithout these rules, there would be gaps and confusion about which corporations law applies when reading older WA legislation. It keeps the legal system coherent during the transition from state-based to national corporations regulation."}},"importantCases":[],"_links":{"self":"/api/acts/corporations-ancillary-provisions-regulations-2001","history":"/api/acts/corporations-ancillary-provisions-regulations-2001/history","analysis":"/api/acts/corporations-ancillary-provisions-regulations-2001/analysis","conflicts":"/api/acts/corporations-ancillary-provisions-regulations-2001/conflicts","importantCases":"/api/acts/corporations-ancillary-provisions-regulations-2001/important-cases","documents":"/api/acts/corporations-ancillary-provisions-regulations-2001/documents"}}