{"id":"corporations-victoria-act-1990","name":"Corporations (Victoria) Act 1990","slug":"corporations-victoria-act-1990","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178077,"registerId":"vic-corporations-victoria-act-1990-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are—\n\nS. 1(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.1).\n\n(a) to apply certain provisions of the Corporations Act 1989 of the Commonwealth and the Australian Securities and Investments Commission Act 1989 of the Commonwealth and of regulations under those Acts as laws of Victoria; and\n\n(b) to apply certain other laws of the Commonwealth as laws of Victoria for the purpose of the administration and enforcement of the law relating to corporations, the securities industry, the futures industry and some other matters.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on a day or days to be proclaimed.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *applicable provision* amended by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***applicable provision***, in relation to a jurisdiction, means a provision of—\n\n(a) the Corporations Law, or Corporations Regulations, of that jurisdiction; or\n\n(b) the ASIC Law, or ASIC Regulations, of that jurisdiction; or\n\n(c) in the case of the Capital Territory—a Commonwealth law as applying, of its own force or because of another Commonwealth law, in relation to—\n\n(i) an offence against; or\n\n(ii) an act, matter or thing arising under or in respect of—\n\na provision that, because of any other application or applications of this definition, is an applicable provision of the Capital Territory or any other jurisdiction; or\n\n(d) in the case of a jurisdiction other than the Capital Territory—a Commonwealth law as applying, because of a law of that jurisdiction, in relation to—\n\n(i) an offence against; or\n\n(ii) an act, matter or thing arising under or in respect of—\n\na provision that, because of any other application or applications of this definition, is an applicable provision of that or any other jurisdiction;\n\nS. 3(1) def. of *ASC Act* amended as *ASIC Act* by No. 37/1999 s. 58(Sch. 1 items 1.2, 1.3(a)).\n\n***ASIC Act*** means the Australian Securities and Investments Commission Act 1989 of the Commonwealth;\n\nS. 3(1) def. of *ASC Law* amended as *ASIC Law* by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***ASIC Law*** has the meaning given by Part 11;\n\nS. 3(1) def. of *ASC Law of Victoria* amended as *ASIC Law of Victoria* by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***ASIC Law of Victoria*** means the provisions applying by reason of section 58;\n\nS. 3(1) def. of *ASC Regulations* amended as *ASIC Regulations* by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***ASIC Regulations*** has the meaning given by Part 11;\n\nS. 3(1) def. of *ASC Regulations of Victoria* amended as *ASIC Regulations of Victoria* by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***ASIC Regulations of Victoria*** means the provisions applying by reason of section 59;\n\n***authority***, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act;\n\n***Capital Territory*** means the Australian Capital Territory and the Jervis Bay Territory;\n\nS. 3(1) def. of *Commission* amended by No. 37/1999 s. 58(Sch. 1 item 1.3(b)).\n\n***Commission*** means the Australian Securities and Investments Commission established by the ASIC Act;\n\nS. 3(1) def. of *Common-wealth administrative laws* amended by Nos 61/1991  \ns. 4, 22/2000 s. 10(a)(b), 41/2025 s. 3(Sch. 1 item 12.1).\n\n***Commonwealth administrative laws*** means the following:\n\n(a) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);\n\n(c) the Freedom of Information Act 1982 of the Commonwealth;\n\n(d) the Ombudsman Act 1976 of the Commonwealth;\n\n(e) the Privacy Act 1988 of the Commonwealth—\n\nand the provisions of the regulations in force for the time being under those Acts;\n\nS. 3(1) def. of *Common-wealth authority* inserted by No. 22/2000 s. 10(c).\n\n***Commonwealth authority*** means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth;\n\nS. 3(1) def. of *Common-wealth law* amended by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***Commonwealth law*** means any of the written or unwritten laws of the Commonwealth, including laws about the exercise of prerogative powers, rights and privileges, other than the Corporations Law of the Capital Territory, the ASIC Law of the Capital Territory or provisions prescribed, for the purposes of the definition of ***Commonwealth law*** in section 4 of the Corporations Act, by regulations under section 73 of the Corporations Act;\n\n***Commonwealth Minister*** has the meaning given to \"the Minister\" by section 80A(2) of the Corporations Law;\n\n***co-operative scheme law*** has the meaning given by section 84;\n\n***Corporations Act*** means the Corporations Act 1989 of the Commonwealth;\n\n***Corporations Law*** has the meaning given by Part 3;\n\n***Corporations Law of Victoria*** means the provisions applying by reason of section 7;\n\n***Corporations Regulations*** has the meaning given by Part 3;\n\n***Corporations Regulations of Victoria*** means the provisions applying by reason of section 8;\n\nS. 3(1) def. of *correspond-ing law* amended by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***corresponding law*** means—\n\n(a) an Act of a jurisdiction (other than Victoria) that corresponds to this Act; or\n\n(b) regulations made under such an Act; or\n\n(c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or\n\n(d) rules of court made because of such an Act;\n\nS. 3(1) def. of *Family Court* inserted by No. 61/1991  \ns. 5(a), repealed by No. 22/2000 s. 10(d).\n\nS. 3(1) def. of *Federal Court* inserted by No. 61/1991  \ns. 5(a).\n\n***Federal Court*** means the Federal Court of Australia;\n\n***Full Court***, in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court;\n\n***jurisdiction*** means a State or the Capital Territory;\n\n***law***, in relation to the Capital Territory, means a law of or in force in the Capital Territory;\n\n***Minister for this jurisdiction*** means the Minister;\n\n***modifications*** includes additions, omissions and substitutions;\n\n***national scheme law*** has the meaning given by section 60;\n\nS. 3(1) def. of *national scheme law  \nof this jurisdiction* amended by No. 37/1999 s. 58(Sch. 1 item 1.2).\n\n***national scheme law of this jurisdiction*** means:\n\n(a) this Act; or\n\n(b) the Corporations Law of Victoria; or\n\n(c) the ASIC Law of Victoria;\n\n***NCSC*** means the National Companies and Securities Commission;\n\n***officer***, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act;\n\nS. 3(1) def. of *officer of the Common-wealth* inserted by No. 22/2000 s. 10(c).\n\n***officer of the Commonwealth*** has the same meaning as in section 75(v) of the Constitution of the Commonwealth;\n\n***State*** includes the Northern Territory;\n\nS. 3(1) def. of *State Family Court* inserted by No. 61/1991  \ns. 5(b).\n\n***State Family Court***, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a Proclamation made under section 41(2) of that Act;\n\n***Territory*** does not include the Northern Territory;\n\n***this jurisdiction*** means Victoria.\n\n(2) In this Act, a reference to a Commonwealth Act includes a reference to—\n\n(a) that Commonwealth Act as amended and in force for the time being; and\n\n(b) an Act passed in substitution for that Act.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Australian Capital Territory","content":"\t4 Australian Capital Territory\n\nFor the purposes of the national scheme laws of this jurisdiction, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"This Act and applicable provisions of Victoria not to be affected by later State laws","content":"\t5 This Act and applicable provisions of Victoria not to be affected by later State laws\n\n(1) An Act enacted, or an instrument made under an Act, after the commencement of this section is not to be interpreted as amending or repealing, or otherwise altering the effect or operation of, this Act or the applicable provisions of Victoria.\n\n(2) Subsection (1) does not affect the interpretation of an Act, or of an instrument made under an Act, so far as that Act provides expressly for that Act or instrument, as the case may be, to have effect despite a specified provision, or despite any provision, of this Act or the applicable provisions of Victoria.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Operation of other Victorian Laws","content":"\t6 Operation of other Victorian Laws\n\nExcept as otherwise provided in this Act, nothing in this Act or the applicable provisions of Victoria affects the operation after the commencement of this section of an Act enacted before that commencement or of an instrument made under such an Act.\n\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Corporations Law, and the Corporations Regulations, of Victoria","content":"Part 2—The Corporations Law, and the Corporations Regulations, of Victoria\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application in Victoria of the Corporations Law","content":"\t7 Application in Victoria of the Corporations Law\n\nS. 7  \namended by No. 43/2001 s. 30(1).\n\nThe Corporations Law set out in section 82 of the Corporations Act as in force immediately before the repeal of that section—\n\n(a) applies as a law of Victoria; and\n\n(b) as so applying, may be referred to as the Corporations Law of Victoria.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application of regulations","content":"\t8 Application of regulations\n\nS. 8(1) amended by No. 43/2001 s. 30(2).\n\n(1) The regulations in force, immediately before the repeal of the Corporations Act, under section 22 of that Act—\n\n(a) apply as regulations in force for the purposes of the Corporations Law of Victoria; and\n\n(b) as so applying, may be referred to as the Corporations Regulations of Victoria.\n\n(2) Subject to subsection (3) of this section, where regulations under section 22 of the Corporations Act take effect from a specified day that is earlier than the day when they are notified in the Commonwealth of Australia Gazette under section 48(1) of the Acts Interpretation Act 1901 of the Commonwealth, subsection (1) of this section has effect, and is taken always to have had effect, as if those regulations had taken effect under the Corporations Act from the specified day.\n\n(3) To the extent that a provision of the Corporations Regulations of Victoria is taken because of a particular application of subsection (2) to have effect, or to have had effect, before the day of notification of the regulations referred to in that sub–section, the provision does not operate so as to—\n\n(a) affect a private person's rights as at that day so as to disadvantage that person; or\n\n(b) impose a liability on a private person in respect of anything done or omitted to be done before that day.\n\n(4) In subsection (3)—\n\n***private person*** means a person other than—\n\n(a) the Commonwealth, a State or the Capital Territory; or\n\n(b) an authority of the Commonwealth, of a State or of the Capital Territory.\n\n(5) Subsection (3) does not affect any other operation that the provision has because of subsection (2) or otherwise.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of Victoria","content":"\t9 Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of Victoria\n\nIn the Corporations Law, and the Corporations Regulations, of Victoria—\n\n***the Minister for this jurisdiction*** means the Minister;\n\n***this jurisdiction*** means Victoria.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Interpretation law","content":"\t10 Interpretation law\n\n(1) Subject to Part 1.2 of the Corporations Law of Victoria, the Acts Interpretation Act 1901 of the Commonwealth as in force at the commencement of section 8 of the Corporations Act, applies as a law of Victoria in relation to the Corporations Law, and the Corporations Regulations, of Victoria and any instrument made, granted or issued under that Law or those Regulations (other than application orders under section 111A of that Law) and so applies as if that Law were an Act of the Commonwealth and those Regulations or instruments were regulations or instruments made under such an Act.\n\n(2) The **Interpretation of Legislation Act 1984** does not apply in relation to the Corporations Law, or the Corporations Regulations, of Victoria or an application order or any other instrument made, granted or issued under that Law or those Regulations.\n\n","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Citing the Corporations Law and the Corporations Regulations","content":"Part 3—Citing the Corporations Law and the Corporations Regulations\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Simpler citation of Corporations Law, and Corporations Regulations, of Victoria","content":"\t11 Simpler citation of Corporations Law, and Corporations Regulations, of Victoria\n\n(1) The Corporations Law of Victoria may be referred to simply as the Corporations Law.\n\n(2) The Corporations Regulations of Victoria may be referred to simply as the Corporations Regulations.\n\n(3) This section has effect subject to section 13.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"References to Corporations Law, and Corporations Regulations, of other jurisdictions","content":"\t12 References to Corporations Law, and Corporations Regulations, of other jurisdictions\n\n(1) This section has effect for the purposes of an Act, a law of Victoria or an instrument made under an Act or under such a law.\n\nS. 12(2) amended by No. 43/2001 s. 30(3)(a).\n\n(2) Where a law of a jurisdiction other than Victoria that corresponds to section 7 of this Act provides that the Corporations Law set out in section 82 of the Corporations Act applies as law of that jurisdiction, the Corporations Law of that jurisdiction is the Corporations Law so set out, applying as law of that jurisdiction.\n\nS. 12(3) amended by No. 43/2001 s. 30(3)(b).\n\n(3) Where a law of a jurisdiction other than Victoria that corresponds to section 8 of this Act provides that the regulations under section 22 of the Corporations Act apply for the purposes of the Corporations Law of that jurisdiction, the Corporations Regulations of that jurisdiction are those regulations as so applying.\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"References to Corporations Law and Corporations Regulations","content":"\t13 References to Corporations Law and Corporations Regulations\n\n(1) The object of this section is to help ensure that the Corporations Law of Victoria operates, so far as possible, as if that Law, together with the Corporations Law of each jurisdiction other than Victoria, constituted a single national Corporations Law applying of its own force throughout Australia.\n\n(2) Subject to this section, a reference in an instrument to the Corporations Law, or to the Corporations Regulations, is to be taken, for the purposes of the laws of Victoria—\n\n(a) to be a reference to the Corporations Law, or to the Corporations Regulations, of Victoria; and\n\n(b) to include a separate reference to the Corporations Law, or to the Corporations Regulations, of each jurisdiction other than Victoria.\n\n(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires.\n\n(4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the Corporations Law, or to the Corporations Regulations, of a jurisdiction.\n\n(5) In this section—\n\nS. 13(5) def. of *instrument* amended by Nos 68/2009 s. 97(Sch. items 32.1, 32.2), 6/2018 s. 68(Sch. 2 item 31.1).\n\n***instrument*** means—\n\n(a) an Act or an instrument made under an Act; or\n\n(b) a law of Victoria or an instrument made under such a law; or\n\n(c) an award or other industrial determination or order, or an industrial agreement; or\n\n(d) any other order (whether executive, judicial or otherwise); or\n\n(e) a notice, certificate or licence; or\n\n(f) an agreement; or\n\n(g) an application made, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or\n\n(h) an indictment, summons or writ; or\n\n(i) any other pleading in, or process issued in connection with, a legal or other proceeding; or\n\n(j) any other document whatever.\n\n","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application of the Corporations Law to the Crown","content":"Part 4—Application of the Corporations Law to the Crown\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Interpretation","content":"\t14 Interpretation\n\nTo avoid doubt, a reference in this Part to the Crown in a particular right includes a reference to an instrumentality or agency (whether a body corporate or not) of the Crown in that right.\n\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Corporations Law of Victoria","content":"\t15 Corporations Law of Victoria\n\n(1) Chapter 5 (except Part 5.8) of the Corporations Law of Victoria binds the Crown not only in right of the State of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in right of the Commonwealth, of each of the other States, of the Capital Territory, of the Northern Territory and of Norfolk Island.\n\n(2) To avoid doubt, Chapter 7 of the Corporations Law of Victoria does not bind the Crown in right of the State of Victoria, of the Commonwealth, of any other State, of the Capital Territory, of the Northern Territory or of Norfolk Island.\n\n\t16 Corporations Law of other jurisdictions\n\nChapter 5 (except Part 5.8) of the Corporations Law of each jurisdiction other than Victoria binds the Crown in right of the State of Victoria.\n\n\t17 Crown not liable to prosecution\n\nNothing in this Part, or in the Corporations Law, renders the Crown in any right liable to be prosecuted for an offence.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"This Part overrides the prerogative","content":"\t18 This Part overrides the prerogative\n\nWhere, because of this Part, a provision of a law of another jurisdiction binds the Crown in right of the State of Victoria, the Crown in that right is subject to that provision despite any prerogative right or privilege.\n\n","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application orders","content":"Part 5—Application orders\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Commonwealth Minister to obtain consent of State Minister","content":"\t19 Commonwealth Minister to obtain consent of State Minister\n\nDespite Part 1.3 of the Corporations Law of Victoria and section 20 of this Act, the Commonwealth Minister may only make an order under section 111A of that Law, or that section as applying because of section 20 of this Act, with the consent of the Minister for this jurisdiction.\n\nS. 20 amended by No. 37/1999 s. 58(Sch. 1 item 1.4).\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Application orders for ASIC Law","content":"\t20 Application orders for ASIC Law\n\nPart 1.3 of the Corporations Law of Victoria applies for the purposes of the ASIC Law of Victoria as if the provisions of the ASIC Law of Victoria were provisions of the Corporations Law of Victoria.\n\nPt 6 (Heading and s. 21) repealed by No. 37/1999 s. 58(Sch. 1 item 1.5).\n\n","sortOrder":22},{"sectionNumber":"Part 7","sectionType":"part","heading":"Imposition of fees and taxes","content":"Part 7—Imposition of fees and taxes\n\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Fees (including taxes) for chargeable matters","content":"\t22 Fees (including taxes) for chargeable matters\n\nThis section imposes the fees (including fees that are taxes) that the Corporations Regulations of Victoria prescribe.\n\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Contributions and levies for fidelity funds of securities exchanges","content":"\t23 Contributions and levies for fidelity funds of securities exchanges\n\n(1) This section imposes—\n\n(a) the contribution payable under section 902(1) of the Corporations Law of Victoria by a person who wishes to be admitted to membership of a securities exchange, or to a partnership in a member firm recognised by a securities exchange; and\n\n(b) the annual contribution payable under section 902(2) of that Law by a member of a securities exchange; and\n\n(c) any levy payable under section 904 of that Law by a member of a securities exchange.\n\n(2) An expression has in subsection (1) the meaning it would have if this section were in Part 7.9 of the Corporations Law of Victoria.\n\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Levies for National Guarantee Fund","content":"\t24 Levies for National Guarantee Fund\n\nThis section imposes any levy that is payable under section 938, 940 or 941 of the Corporations Law of Victoria.\n\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Contributions and levies for fidelity funds of futures organisations","content":"\t25 Contributions and levies for fidelity funds of futures organisations\n\n(1) This section imposes—\n\n(a) the contribution payable under section 1234(1) of the Corporations Law of Victoria by a person who wishes to be admitted to membership of a futures organisation; and\n\n(b) the annual contribution payable under section 1234(2) of that Law by a contributing member of a futures organisation; and\n\n(c) any levy payable under section 1235 of that Law by a contributing member of a futures organisation.\n\n(2) An expression has in subsection (1) the meaning it would have if this section were in Part 8.6 of the Corporations Law of Victoria.\n\nPart 8—National administration and enforcement of the Corporations Law\n\nDivision 1—Preliminary\n\n\t26 Object\n\nThe object of this Part is to help ensure that—\n\n(a) the Corporations Law of Victoria, and the Corporations Law of each jurisdiction other than Victoria, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth; and\n\nS. 26(b) amended by Nos 37/1999 s. 58(Sch. 1 item 1.6), 43/2012 s. 3(Sch. item 8).\n\n(b) the ASIC Law of Victoria, and the ASIC Law of each jurisdiction other than Victoria, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Effect of Part","content":"\t27 Effect of Part\n\nS. 27(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.6).\n\n(1) This Part has effect subject to this Act (in particular Part 9), the Corporations Law of Victoria and the ASIC Law of Victoria.\n\n(2) Nothing in this Part limits the generality of anything else in it.\n\n","sortOrder":28},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offences against applicable provisions","content":"Division 2—Offences against applicable provisions\n\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Object","content":"\t28 Object\n\n(1) The object of this Division is to further the object of this Part by providing—\n\n(a) for an offence against an applicable provision of Victoria to be treated as if it were an offence against a law of the Commonwealth; and\n\n(b) for an offence against an applicable provision of another jurisdiction to be treated in Victoria as if it were an offence against a law of the Commonwealth.\n\n(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)—\n\n(a) the investigation and prosecution of offences; and\n\nS. 28(2)(b) amended by No. 68/2009 s. 97(Sch. item 32.3).\n\n(b) the arrest, custody, bail, trial or hearing of a charge and conviction of offenders or persons charged with offences; and\n\n(c) proceedings relating to a matter referred to in paragraph (a) or (b); and\n\n(d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and\n\n(e) the sentencing, punishment and release of persons convicted of offences; and\n\n(f) fines, penalties and forfeitures; and\n\n(g) liability to make reparation in connection with offences; and\n\n(h) proceeds of crime; and\n\n(i) spent convictions.\n\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Application of Commonwealth laws in relation to offences against applicable provisions","content":"\t29 Application of Commonwealth laws in relation to offences against applicable provisions\n\n(1) The Commonwealth laws apply as laws of Victoria in relation to an offence against the applicable provisions of Victoria as if those provisions were laws of the Commonwealth and were not laws of Victoria.\n\n(2) For the purposes of a law of Victoria, an offence against the applicable provisions of Victoria—\n\n(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and\n\n(b) is taken not to be an offence against the laws of Victoria.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by regulations under section 80.\n\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions","content":"\t30 Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions\n\nS. 30(1) amended by No. 61/1991  \ns. 6.\n\n(1) The Commonwealth laws apply as laws of Victoria in relation to an offence against the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that other jurisdiction.\n\n(2) For the purposes of a law of Victoria, an offence against the applicable provisions of another jurisdiction—\n\n(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and\n\n(b) is taken not to be an offence against the laws of that jurisdiction.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by regulations under section 80.\n\n(4) This section does not require, prohibit, empower, authorise, or otherwise provide for, the doing of an act outside Victoria.\n\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Functions and powers conferred on Commonwealth authorities","content":"\t31 Functions and powers conferred on Commonwealth authorities\n\n(1) A Commonwealth law applying because of section 29 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against the applicable provisions of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of Victoria.\n\n(2) A Commonwealth law applying because of section 30 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of another jurisdiction.\n\n(3) The function or power referred to in subsection (2) may only be performed or exercised in Victoria.\n\n(4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding applicable provision of the Capital Territory.\n\nS. 31(5) inserted by No. 43/2001 s. 30(4).\n\n(5) A Commonwealth law applying because of section 29 or 30 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2).\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"\t32 Reference in Commonwealth law to a provision of another law\n\nA reference in a Commonwealth law to a provision of that or another Commonwealth law is taken, for the purposes of section 29 or 30, to be a reference to that provision as applying because of that section.\n\nS. 33  \nrepealed by No. 43/2001 s. 30(5).\n\n","sortOrder":34},{"sectionNumber":"Div 3","sectionType":"division","heading":"Administrative law","content":"Division 3—Administrative law\n\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Object","content":"\t34 Object\n\nThe object of this Division is to further the object of this Part by providing that the Commonwealth administrative laws—\n\n(a) apply to the applicable provisions of Victoria; and\n\n(b) apply, in Victoria, to the applicable provisions of another jurisdiction—\n\nas if the applicable provisions were those of the Capital Territory.\n\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Application of Commonwealth administrative laws in relation to applicable provisions","content":"\t35 Application of Commonwealth administrative laws in relation to applicable provisions\n\n(1) The Commonwealth administrative laws apply as laws of Victoria in relation to any act, matter or thing arising under or in respect of the applicable provisions of Victoria as if those provisions were laws of the Commonwealth and were not laws of Victoria.\n\n(2) For the purposes of a law of Victoria, an act, matter or thing arising under or in respect of the applicable provisions of Victoria—\n\n(a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and\n\n(b) is taken not to be an act, matter or thing arising under or in respect of the laws of Victoria.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by regulations under section 80.\n\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions","content":"\t36 Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions\n\n(1) The Commonwealth administrative laws apply as laws of Victoria in relation to any act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that jurisdiction.\n\n(2) For the purposes of a law of Victoria, an act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction—\n\n(a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and\n\n(b) is taken not to be an act matter or thing arising under or in respect of the laws of that jurisdiction.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by regulations under section 80.\n\n(4) This section does not require, prohibit, empower, authorise or otherwise provide for the doing of an act outside Victoria.\n\nS. 36A (Heading) inserted by No. 41/2025 s. 3(Sch. 1 item 12.2).\n\nS. 36A inserted by No. 22/2000 s. 11, amended by No. 41/2025 s. 3(Sch. 1 item 12.3).\n\n","sortOrder":38},{"sectionNumber":"36A","sectionType":"section","heading":"Construction of references to Part 7 of Commonwealth ART Act","content":"\t36A Construction of references to Part 7 of Commonwealth ART Act\n\nFor the purposes of sections 35 and 36, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\n\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Functions and powers conferred on Commonwealth authorities","content":"\t37 Functions and powers conferred on Commonwealth authorities\n\n(1) A Commonwealth administrative law applying because of section 35 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of Victoria.\n\n(2) A Commonwealth administrative law applying because of section 36 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of another jurisdiction.\n\n(3) The function or power referred to in subsection (2) may only be performed or exercised in Victoria.\n\n(4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of the Capital Territory.\n\nS. 37(5) inserted by No. 43/2001 s. 30(6).\n\n(5) A Commonwealth law applying because of section 35 or 36 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2).\n\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Reference in Commonwealth administrative law to a provision of another law","content":"\t38 Reference in Commonwealth administrative law to a provision of another law\n\nA reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken, for the purposes of section 35 or 36, to be a reference to that provision as applying because of that section.\n\nS. 39  \nrepealed by No. 43/2001 s. 30(7).\n\nPart 9—Jurisdiction and procedure of courts\n\nDivision 1—Vesting and cross–vesting of civil jurisdiction\n\n\t40 Operation of Division\n\n(1) This Division provides in relation to—\n\nS. 40(1)(a) amended by No. 12/1995  \ns. 4(1).\n\n(a) the jurisdiction of courts in respect of civil matters arising under the Corporations Law of Victoria; and\n\nS. 40(1)(b) amended by No. 22/2000 s. 12.\n\n(b) the jurisdiction of the courts of Victoria in respect of civil matters arising under the Corporations Law of another State or the Capital Territory; and\n\nS. 40(1)(c) inserted by No. 22/2000 s. 12.\n\n(c) the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth involving or related to decisions made under the Corporations Law of a State or the Capital Territory by Commonwealth authorities and officers of the Commonwealth; and\n\nS. 40(1)(d) inserted by No. 22/2000 s. 12.\n\n(d) the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for offences against the Corporations Law of a State or the Capital Territory and related criminal justice process decisions—\n\nand so provides to the exclusion of the Jurisdiction of Courts (Cross-vesting) Act 1987.\n\n(2) Nothing in this Division affects any other jurisdiction of any court.\n\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Interpretation","content":"\t41 Interpretation\n\n(1) In this Division—\n\nS. 41(1) def. of *civil matter* inserted by No. 12/1995  \n\n***civil matter*** means a matter other than a criminal matter;\n\nS. 41(1) def. of *Corporations Law*  \ninserted by No. 12/1995  \n\n***Corporations Law*** has the extended meaning given by subsection (2);\n\n***judgment*** means a judgment, decree or order, whether final or interlocutory;\n\nS. 41(1) def. of *lower court* inserted by No. 12/1995  \n\n***lower court*** means a court of a State or Territory that is not a superior court;\n\nS. 41(1) def. of *superior court* inserted by No. 12/1995  \ns. 4(2), substituted by No. 22/2000 s. 13(a).\n\n***superior court*** means the Supreme Court of a State or Territory or a State Family Court;\n\nS. 41(1) def. of *superior court matter* inserted by No. 12/1995 s. 4(2).\n\n***superior court matter*** means a civil matter that the Corporations Law clearly intends (for example, by use of the expression \"the Court\") to be dealt with only by a superior court.\n\n(2) In this Division—\n\n(a) a reference to the Corporations Law of Victoria includes a reference to—\n\n(i) the Corporations Regulations of Victoria; and\n\nS. 41(2)(a)(ii) amended by No. 37/1999 s. 58(Sch. 1 item 1.7).\n\n(ii) the ASIC Law of Victoria; and\n\nS. 41(2)(a)(iii) amended by No. 37/1999 s. 58(Sch. 1 item 1.7).\n\n(iii) the ASIC Regulations of Victoria; and\n\n(iv) any other applicable provisions (as defined in section 3) of Victoria; and\n\n(v) this Act; and\n\n(vi) regulations made under this Act; and\n\nS. 41(2)(a)(vii) substituted by No. 61/1991 s. 7(1).\n\n(vii) rules of court made by the Supreme Court of Victoria because of a provision of this Act; and\n\nS. 41(2)(a)(viii) inserted by No. 61/1991 s. 7(1), repealed by No. 22/2000 s. 13(b).\n\nS. 41(2)(a)(ix) inserted by No. 61/1991 s. 7(1).\n\n(ix) rules of court applied by the Supreme Court of another State, or of the Capital Territory, or a State Family Court of another State, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and\n\n(b) a reference to the Corporations Law of another State or of the Capital Territory is a reference to the Corporations Law of that other State or of the Capital Territory within the meaning of the law of that other State or the Capital Territory corresponding to this Division.\n\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Jurisdiction of State and Territory Supreme Courts","content":"\t42 Jurisdiction of State and Territory Supreme Courts\n\nS. 42(1) amended by No. 22/2000 s. 14(1).\n\n(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the Supreme Court of Victoria and of each other State and the Capital Territory with respect to civil matters arising under the Corporations Law of Victoria.\n\nS. 42(1A) inserted by No. 22/2000 s. 14(2).\n\n(1A) Despite section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the Supreme Court of Victoria and of each other State and the Capital Territory with respect to matters arising under that Act involving or related to decisions made, or proposed to be made, under the Corporations Law of a State or the Capital Territory by a Commonwealth authority or an officer of the Commonwealth.\n\nS. 42(1B) inserted by No. 22/2000 s. 14(2).\n\n(1B) Subsection (1A) applies to a decision made, or proposed or required to be made—\n\n(a) whether or not in the exercise of a discretion; and\n\n(b) whether before or after the commencement of section 14(2) of the **Federal Courts (Consequential Amendments) Act 2000**.\n\nS. 42(2) amended by No. 22/2000 s. 14(3).\n\n(2) The jurisdiction conferred on a Supreme Court by subsection (1) or (1A) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.\n\nS. 42(3) amended by No. 61/1991 s. 7(2), substituted by No. 22/2000 s. 14(4).\n\n(3) This section has effect subject to section 42AA.\n\nS. 42A inserted by No. 61/1991 s. 8.\n\n","sortOrder":43},{"sectionNumber":"42A","sectionType":"section","heading":"Jurisdiction of State Family Courts","content":"\t42A Jurisdiction of State Family Courts\n\nS. 42A(1) repealed by No. 22/2000 s. 14(5)(a).\n\nS. 42A(2) amended by No. 22/2000 s. 14(5)(b).\n\n(2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Corporations Law of Victoria.\n\n(3) The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject.\n\nS. 42A(4) inserted by No. 22/2000 s. 14(6).\n\n(4) This section has effect subject to section 42AA.\n\nS. 42AA inserted by No. 22/2000 s. 15.\n\n\t42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers\n\n(1) If a decision to prosecute a person for an offence against the Corporations Law of Victoria has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Victoria, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision.\n\nS. 42AA(2) amended by No. 68/2009 s. 97(Sch. item 32.4).\n\n(2) At any time when—\n\n(a) a prosecution for an offence against the Corporations Law of Victoria is before a court of Victoria; or\n\n(b) an appeal arising out of such a prosecution is before a court of Victoria—\n\njurisdiction is conferred on the Supreme Court with respect to any matter in which the person who is or was the accused in the prosecution seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision.\n\n(3) Subsections (1) and (2) have effect despite anything in this Act or in any other law.\n\n***appeal*** includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge;\n\nS. 42AA(4) def. of  \n*related criminal justice process decision* amended by No. 68/2009 s. 97(Sch. item 32.5).\n\n***related criminal justice process decision***, in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including—\n\n(a) a decision in connection with the investigation, committal for trial or prosecution of the accused; and\n\n(b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and\n\n(c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and\n\n(d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and\n\n(e) a decision in connection with an appeal arising out of the prosecution.\n\nS. 42B inserted by No. 12/1995 s. 5.\n\n","sortOrder":44},{"sectionNumber":"42B","sectionType":"section","heading":"Jurisdiction of lower courts","content":"\t42B Jurisdiction of lower courts\n\nS. 42B(1) amended by No. 22/2000 s. 16(1).\n\n(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the lower courts of Victoria and of each other State and the Capital Territory with respect to civil matters, other than superior court matters, arising under the Corporations Law of Victoria.\n\n(2) The jurisdiction conferred on a lower court by subsection (1)—\n\n(a) is subject to the court's general jurisdictional limits, so far as they relate to the amounts, or the value of property, with which the court may deal; but\n\n(b) is not subject to the court's other jurisdictional limits.\n\nS. 43 substituted by No. 61/1991 s. 9.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Appeals","content":"\t43 Appeals\n\nS. 43(1) amended by No. 22/2000 s. 16(2)(a).\n\n(1) An appeal may not be instituted from a decision of a court of Victoria to a court of another State or of the Capital Territory.\n\nS. 43(2)(3) repealed by No. 22/2000 s. 16(2)(b).\n\nS. 43(4) amended by No. 22/2000 s. 16(2)(c).\n\n(4) An appeal may not be instituted from a decision of the Supreme Court of another State to a court of any State or of the Capital Territory, except to the Full Court of that Supreme Court.\n\nS. 43(5) amended by No. 22/2000 s. 16(2)(d).\n\n(5) An appeal may not be instituted from a decision of a court of the Capital Territory to a court of a State.\n\nS. 43(6) amended by No. 22/2000 s. 16(2)(e).\n\n(6) An appeal may not be instituted from a decision of a State Family Court of a State to a court of the Capital Territory or of another State, or (except in accordance with the law of the State under which the State Family Court is constituted) to the Supreme Court of that State.\n\nS. 43(7) inserted by No. 12/1995 s. 6(1), amended by No. 22/2000 s. 16(2)(f).\n\n(7) An appeal may not be instituted from a decision of a court (not being a State Family Court) of another State to a State Family Court of that State or to a court of a different State or of the Capital Territory.\n\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Transfer of proceedings","content":"\t44 Transfer of proceedings\n\nS. 44(1) substituted by No. 22/2000 s. 17(1).\n\n(1) This section applies to the following—\n\n(a) a proceeding with respect to a civil matter arising under the Corporations Law of Victoria that is in a court having jurisdiction under section 42(1) or (2);\n\n(b) a proceeding with respect to a matter referred to in section 42(1A) that is in a court having jurisdiction under that subsection or in the Federal Court.\n\nS. 44(2) amended by No. 22/2000 s. 17(2).\n\n(2) Subject to subsections (3), (4) and (5), if it appears to the court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court having jurisdiction in the matters for determination in the proceeding or application, the first-mentioned court may transfer the proceeding or application to that other court.\n\nNew s. 44(3) inserted by No. 22/2000 s. 17(3).\n\n(3) If a proceeding with respect to a matter referred to in section 42(1A) is pending in the Supreme Court of a State or the Capital Territory (the ***relevant jurisdiction***), the court must transfer the proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of the relevant jurisdiction—\n\n(a) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and\n\n(b) that is not with respect to a matter referred to in section 42(1A)—\n\nregardless of which proceeding was commenced first.\n\nNew s. 44(4) inserted by No. 22/2000 s. 17(3).\n\n(4) Even if the Supreme Court of a State or the Capital Territory is not required by subsection (3) to transfer a proceeding with respect to a matter referred to in section 42(1A) to the Federal Court, it may nevertheless do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.\n\nNew s. 44(5) inserted by No. 22/2000 s. 17(3).\n\n(5) If a proceeding with respect to a matter referred to in section 42(1A) is pending in the Federal Court, the Federal Court may only transfer the proceeding, or an application in the proceeding, to the Supreme Court of a State or the Capital Territory (the ***relevant jurisdiction***) if—\n\n(a) the matter arises out of, or relates to, another proceeding pending in any court of the relevant jurisdiction—\n\n(i) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and\n\n(ii) that is not a proceeding with respect to a matter referred to in section 42(1A)—\n\nregardless of which proceeding was commenced first; and\n\n(b) the Federal Court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.\n\nS. 44(6) inserted by No. 22/2000 s. 17(3).\n\n(6) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.\n\nS. 44(7) inserted by No. 22/2000 s. 17(3).\n\n(7) The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter.\n\nS. 44(3)–(5) repealed by No. 61/1991 s. 10.\n\nS. 44A inserted by No. 61/1991 s. 11, amended by No. 22/2000 s. 17(4)(b)(iv) (v).\n\n","sortOrder":47},{"sectionNumber":"44A","sectionType":"section","heading":"Transfer of proceedings by State Family Courts","content":"\t44A Transfer of proceedings by State Family Courts\n\nS. 44A(1) amended by No. 22/2000 s. 17(4)(a).\n\n(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Victoria in a State Family Court (in this section called the ***first court***) having jurisdiction under section 42A.\n\nS. 44A(2) amended by No. 12/1995 s. 6(2)(b).\n\n(2) If it appears to the first court that—\n\nS. 44A(2)(a) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(i).\n\n(a) the proceeding arises out of, or is related to, another proceeding pending in another court of a State or of the Capital Territory, and that the court in which the other proceeding is pending is the most appropriate court to determine the first-mentioned proceeding; or\n\nS. 44A(2)(b) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(ii).\n\n(b) having regard to—\n\n(i) whether, in the first court's opinion, apart from this Division or a law of another State or the Capital Territory corresponding to this Division, the proceeding, or a substantial part of it, would have been incapable of being instituted in the first court; and\n\n(ii) the extent to which, in the first court's opinion, the matters for determination in the proceeding are matters not within the first court's jurisdiction apart from this Division or such a law; and\n\n(iii) the interests of justice—\n\nanother court of a State or of the Capital Territory, is the most appropriate court to determine the proceeding; or\n\nS. 44A(2)(c) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(iii).\n\n(c) it is otherwise in the interests of justice that another court of a State or of the Capital Territory, determine the proceeding—\n\nthe first court must transfer the proceeding to that other court.\n\n(3) Subject to subsection (2), if it appears to the first court that—\n\nS. 44A(3)(a) amended by No. 22/2000 s. 17(4)(c).\n\n(a) the proceeding arises out of, or is related to, another proceeding pending in another State Family Court having jurisdiction under section 42A in the matters for determination in the first-mentioned proceeding, and that the other court is the most appropriate court to determine the first-mentioned proceeding; or\n\nS. 44A(3)(b) amended by No. 22/2000 s. 17(4)(c).\n\n(b) it is otherwise in the interest of justice that the proceeding be determined by another State Family Court having jurisdiction under section 42A in the matters for determination in the proceeding—\n\nthe first court must transfer the proceeding to the other court.\n\n(4) If—\n\n(a) the first court transfers the proceeding to another court; and\n\n(b) it appears to the first court that—\n\n(i) there is another proceeding pending in the first court that arises out of, or is related to, the first-mentioned proceeding; and\n\n(ii) it is in the interests of justice that the other court also determine the other proceeding—\n\nthe first court must also transfer the other proceeding to the other court.\n\nS. 44A(5) inserted by No. 22/2000 s. 17(5).\n\n(5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.\n\nS. 44AA inserted by No. 12/1995 s. 7.\n\n\t44AA Transfer of proceedings in lower courts\n\n(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Victoria in a lower court (the ***first court***) having jurisdiction under section 42B.\n\n(2) If it appears to the first court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court (the ***second court***) having jurisdiction in the matters for determination in the proceeding or application, the first court may take action under whichever of subsections (3) and (4) applies.\n\n(3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court.\n\n(4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court.\n\n(5) The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide—\n\n(a) to deal with the proceeding or application itself; or\n\n(b) to transfer the proceeding or application to some other court (which could be the first court).\n\n(6) Nothing in this section allows the relevant Supreme Court to transfer the proceeding or application to another court otherwise than in accordance with section 44 and the other requirements of this Division.\n\nS. 44AA(6A) inserted by No. 22/2000 s. 17(6).\n\n(6A) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.\n\n(7) In this section—\n\n***relevant Supreme Court*** means the Supreme Court of the State or Territory of which the first court is a court.\n\nS. 44B inserted by No. 61/1991 s. 11, amended by No. 12/1995 s. 8(a).\n\n","sortOrder":48},{"sectionNumber":"44B","sectionType":"section","heading":"Further matters for a court to consider when deciding whether to transfer a proceeding","content":"\t44B Further matters for a court to consider when deciding whether to transfer a proceeding\n\nIn deciding whether to transfer under section 44, 44A or 44AA a proceeding or application, a court must have regard to—\n\n(a) the principal place of business of any body corporate concerned in the proceeding or application; and\n\nS. 44B(b) amended by No. 12/1995 s. 8(b).\n\n(b) the place or places where the events that are the subject of the proceeding or application took place; and\n\nS. 44B(c) inserted by No. 12/1995 s. 8(b).\n\n(c) the other courts that have jurisdiction to deal with the proceeding or application.\n\nS. 44C inserted by No. 61/1991 s. 11, amended by No. 12/1995 s. 8(c).\n\n","sortOrder":49},{"sectionNumber":"44C","sectionType":"section","heading":"Transfer may be made at any stage","content":"\t44C Transfer may be made at any stage\n\nA court may transfer under section 44, 44A or 44AA a proceeding or application—\n\n(a) on the application of a party made at any stage; or\n\n(b) of the court's own motion.\n\nS. 44D inserted by No. 61/1991 s. 11, amended by No. 12/1995 s. 8(d).\n\n","sortOrder":50},{"sectionNumber":"44D","sectionType":"section","heading":"Transfer of documents","content":"\t44D Transfer of documents\n\nWhere, under section 44, 44A or 44AA, a court transfers a proceeding, or an application in a proceeding, to another court—\n\n(a) the Registrar or other proper officer of the first-mentioned court must transmit to the Registrar or other proper officer of the other court all documents filed in the first-mentioned court in respect of the proceeding or application as the case may be; and\n\n(b) the other court must proceed as if—\n\n(i) the proceeding had been originally instituted in the other court; and\n\n(ii) the same proceedings had been taken in the other court as were taken in the first-mentioned court; and\n\n(iii) in a case where an application is transferred—the application had been made in the other court.\n\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Conduct of proceedings","content":"\t45 Conduct of proceedings\n\nS. 45(1) amended by No. 61/1991 s. 12(a).\n\n(1) Subject to sections 51, 52 and 52A, where it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction the rules of evidence and procedure to be applied in dealing with the matter are to be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory.\n\n(2) Where a proceeding is transferred or removed to a court (in this subsection called the ***transferee court***) from another court (in this subsection called the ***transferor court***), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.\n\n(3) In this section—\n\nS. 45(3) def. of *relevant jurisdiction* amended by Nos 61/1991 s. 12(b)(c)(i)(ii)  \n(d), 12/1995 s. 8(e)(i)(ii), 22/2000 s. 18(1)(a)(b).\n\n***relevant jurisdiction*** means—\n\n(c) jurisdiction conferred on a court of Victoria with respect to civil matters arising under the Corporations Law of another State or the Capital Territory; or\n\n(d) jurisdiction conferred on a court of another State or the Capital Territory with respect to civil matters arising under the Corporations Law of Victoria; or\n\n(e) jurisdiction conferred on a court of a State or the Capital Territory with respect to matters referred to in section 42(1A).\n\nS. 46 amended by Nos 12/1995 s. 8(f), 22/2000 s. 18(1)(c).\n\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Courts to act in aid of each other","content":"\t46 Courts to act in aid of each other\n\nAll courts having jurisdiction in civil matters arising under the Corporations Law of Victoria, or in matters referred to in section 42(1A), and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all such matters.\n\nS. 47 amended by No. 12/1995 s. 8(g)(i).\n\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Exercise of jurisdiction pursuant to cross-vesting provisions","content":"\t47 Exercise of jurisdiction pursuant to cross-vesting provisions\n\nA court of Victoria may—\n\nS. 47(a) amended by No. 12/1995 s. 8(g)(ii).\n\n(a) exercise jurisdiction (whether original or appellate) conferred on it by a law of another State or the Capital Territory corresponding to this Division with respect to matters arising under the Corporations Law of that State or Territory; and\n\nS. 47(b) amended by No. 12/1995 s. 8(g)(ii).\n\n(b) hear and determine a proceeding transferred to it under such a provision.\n\nS. 48 amended by Nos 18/2005 s. 18(Sch. 1 item 21.1), 17/2014 s. 160(Sch. 2 item 22).\n\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Rights of appearance","content":"\t48 Rights of appearance\n\nA person who is entitled to practise as an Australian lawyer in a court has, if a proceeding (in this subsection referred to as the ***transferred proceeding***) in that court is transferred to another court under this Division or a law of another State or the Capital Territory that corresponds to this Division, the same entitlements to practise in relation to—\n\n(a) the transferred proceeding; and\n\n(b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding—\n\nin the other court that the person would have if the other court were a federal court exercising federal jurisdiction.\n\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Limitation on appeals","content":"\t49 Limitation on appeals\n\nAn appeal does not lie from a decision of a court—\n\n(a) in relation to the transfer of a proceeding under this Division; or\n\n(b) as to which rules of evidence and procedure are to be applied pursuant to section 45(1).\n\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Enforcement of judgments etc.","content":"\t50 Enforcement of judgments etc.\n\nS. 50(1) amended by Nos 61/1991 s. 13(a), 12/1995 s. 8(h)(i)(ii), substituted by No. 22/2000 s. 18(2).\n\n(1) A judgment of a court of Victoria that is entirely or partly given in the exercise of jurisdiction conferred by this Division, or by a law of another State that corresponds to this Division, is enforceable in Victoria as if the judgment had been given by that court entirely in the exercise of the jurisdiction of that court apart from this Division or any such law.\n\nS. 50(2) amended by Nos 61/1991 s. 13(c), 12/1995 s. 8(i)(ii), 22/2000 s. 18(3)(a).\n\n(2) Where—\n\nS. 50(2)(a) amended by Nos 61/1991 s. 13(b), 12/1995 s. 8(i)(i), 22/2000 s. 18(3)(a).\n\n(a) a provision of a law of Victoria (not being a law in relation to the enforcement of judgments) refers to a thing done by the Supreme Court of Victoria or of another State or of the Capital Territory a State Family Court or a particular lower court of Victoria or of another State or of the Capital Territory; and\n\n(b) that thing is done by another court in the exercise of jurisdiction conferred by this Division or a law of another State or the Capital Territory corresponding to this Division—\n\nthe reference in that provision to the Supreme Court of Victoria or of the other State or Territory, that State Family Court or that lower court, as the case may be, is taken as a reference to that other court.\n\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Rules of the Supreme Court","content":"\t51 Rules of the Supreme Court\n\n(1) The Judges of the Supreme Court of Victoria or a majority of them may make rules of court, not inconsistent with the Corporations Law of Victoria—\n\n(a) with respect to proceedings, and the practice and procedure, of that Court under that Law; and\n\n(b) with respect to any matter or thing that is—\n\n(i) required or permitted by that Law to be prescribed by rules within the meaning of that Law; or\n\n(ii) necessary or convenient to be prescribed by such rules for carrying out or giving effect to that Law; and\n\n(c) without limitation, with respect to costs, and with respect to rules as to meetings ordered by that Court.\n\nS. 51(1A) inserted by No. 12/1995 s. 9(1).\n\n(1A) When a lower court of Victoria is exercising jurisdiction with respect to matters arising under the Corporations Law of Victoria, the court must apply the rules of court made under subsection (1), with such alterations as are necessary.\n\nS. 51(2) amended by No. 12/1995 s. 9(2)(a)(b).\n\n(2) When a court of Victoria is exercising jurisdiction with respect to matters arising under the Corporations Law of another State or the Capital Territory, being jurisdiction conferred by a law of another State or the Capital Territory that corresponds to this Division, that court must apply the rules of court made under subsection (1), with such alterations as are necessary.\n\nS. 51(3) amended by No. 12/1995 s. 9(2)(a)(b).\n\n(3) When a court of another State or the Capital Territory is exercising jurisdiction with respect to matters arising under the Corporations Law of Victoria, being jurisdiction conferred by this Division, that court must apply the rules of court made under the law of the State or Territory corresponding to subsection (1), with such alterations as are necessary.\n\n***Corporations Law of another State or the Capital Territory*** does not include rules of court;\n\n***Corporations Law of Victoria*** does not include rules of court.\n\nS. 52  \nrepealed by No. 22/2000 s. 18(3)(b).\n\nS. 52A inserted by No. 61/1991 s. 14.\n\n","sortOrder":58},{"sectionNumber":"52A","sectionType":"section","heading":"Rules of a State Family Court","content":"\t52A Rules of a State Family Court\n\nS. 52A(1)  \nrepealed by No. 22/2000 s. 18(3)(c).\n\n(2) When a State Family Court of another State is exercising jurisdiction with respect to matters arising under the Corporations Law of Victoria, being jurisdiction conferred by this Division, that Court must apply the rules of court made under the law of the State corresponding to section 61A(1) of the Corporations Act, with such alterations as are necessary.\n\n(3) In this section—\n\n***Corporations Law of Victoria*** does not include rules of court.\n\nDivision 2—Vesting and cross-vesting of criminal jurisdiction\n\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Operation of Division","content":"\t53 Operation of Division\n\nThis Division provides in relation to—\n\n(a) the jurisdiction of courts in respect of criminal matters arising under the Corporations Law of Victoria; and\n\n(b) the jurisdiction of the courts of Victoria in respect of criminal matters arising under the Corporations Law of any jurisdiction.\n\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Interpretation","content":"\t54 Interpretation\n\n(1) In this Division—\n\n***magistrate*** means a magistrate who is remunerated by salary or otherwise.\n\n(2) In this Division—\n\n(a) a reference to the Corporations Law of Victoria includes a reference to—\n\n(i) the Corporations Regulations of Victoria; and\n\nS. 54(2)(a)(ii) amended by No. 37/1999 s. 58(Sch. 1 item 1.8).\n\n(ii) the ASIC Law of Victoria; and\n\nS. 54(2)(a)(iii) amended by No. 37/1999 s. 58(Sch. 1 item 1.8).\n\n(iii) the ASIC Regulations of Victoria; and\n\n(iv) any other applicable provisions (as defined in section 3) of Victoria; and\n\n(v) this Act; and\n\n(vi) regulations made under this Act; and\n\nS. 54(2)(a)(vii) amended by No. 22/2000 s. 18(3)(d).\n\n(vii) rules of court made by the Supreme Court of Victoria and rules of court applied by the Supreme Court of another State, or of the Capital Territory, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and\n\n(b) a reference to the Corporations Law of another State or of the Capital Territory is a reference to the Corporations Law of that other State or of the Capital Territory within the meaning of the law of that other State or the Capital Territory corresponding to this Division.\n\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Jurisdiction of courts","content":"\t55 Jurisdiction of courts\n\n(1) Subject to this section, the several courts of each State and the Capital Territory exercising jurisdiction—\n\n(a) with respect to—\n\n(i) the summary conviction; or\n\n(ii) the examination and commitment for trial on indictment; or\n\n(iii) the trial and conviction on indictment—\n\nof offenders or persons charged with offences against the laws of the State or Capital Territory, and with respect to—\n\n(iv) their sentencing, punishment and release; or\n\n(v) their liability to make reparation in connection with their offences; or\n\n(vi) the forfeiture of property in connection with their offences; or\n\n(vii) the proceeds of their crimes; and\n\nS. 55(1)(b) amended by No. 68/2009 s. 97(Sch. item 32.6).\n\n(b) with respect to the hearing and determination of—\n\n(i) proceedings connected with; or\n\n(ii) appeals arising out of; or\n\n(iii) appeals arising out of proceedings connected with—\n\nany such trial, hearing or conviction or any matter of a kind referred to in paragraph (a)(iv), (v), (vi) or (vii)—\n\nhave the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations Law of Victoria.\n\n(2) Where a provision of a law of another State or the Capital Territory corresponding to subsection (1) is expressed to confer jurisdiction with respect to offenders or persons who are charged with offences against the Corporations Law of that State or the Capital Territory upon a court of Victoria, the court may exercise that jurisdiction.\n\n(3) The jurisdiction conferred by subsection (1) is not to be exercised with respect to the summary conviction, or examination and commitment for trial, of any person except by a magistrate.\n\n(4) The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of another State or the Capital Territory, and—\n\nS. 55(4)(a) amended by No. 68/2009 s. 97(Sch. item 32.7).\n\n(a) the reference in subsection (1)(b) to \"any such trial, hearing or conviction\" includes a reference to any conviction or sentencing in accordance with the provisions of a relevant law; and\n\n(b) unless the contrary intention appears, a reference to jurisdiction conferred by subsection (1) includes a reference to such included jurisdiction.\n\n(5) A person may be dealt with in accordance with a relevant law even if, apart from this section, the offence concerned—\n\n(a) would be required to be prosecuted on indictment; or\n\n(b) would be required to be prosecuted either summarily or on indictment.\n\n(6) For the purposes of the application of a relevant law as provided by subsection (4)—\n\n(a) a reference in that law to an indictable offence is taken to include a reference to an offence that may be prosecuted on indictment; and\n\n(b) in order to determine the sentence that may be imposed on a person by a court pursuant to the relevant law, the person is taken to have been prosecuted and convicted on indictment in that court.\n\n(7) Subject to subsections (9) and (10), the jurisdiction conferred on a court of a State or the Capital Territory by subsection (1) is conferred despite any limits as to locality of the jurisdiction of that court under the law of that State or of the Capital Territory.\n\n(8) Subject to subsection (9), the jurisdiction conferred on a court of Victoria by a law of another State or the Capital Territory corresponding to subsection (1) may be exercised despite any limits as to locality of the jurisdiction of that court under the law of Victoria.\n\n(9) Where—\n\n(a) jurisdiction is conferred on a court of Victoria in relation to the summary conviction of persons charged with offences against the Corporations Law of this or another jurisdiction by subsection (1) or a corresponding provision of a law of another State or of the Capital Territory; and\n\n(b) the court is satisfied that it is appropriate to do so, having regard to all the circumstances including the public interest—\n\nthe court may decline to exercise that jurisdiction in relation to an offence committed in another State or the Capital Territory.\n\n(10) The jurisdiction conferred on a court of another State or the Capital Territory by subsection (1) in relation to—\n\n(a) the examination and commitment for trial on indictment; and\n\n(b) the trial and conviction on indictment—\n\nof offenders or persons charged with offences against the Corporations Law of Victoria is conferred only in relation to—\n\n(c) offences committed outside Australia; and\n\n(d) offences committed, begun or completed within the State or Territory concerned.\n\n(11) In this section—\n\n***Australia*** does not include the coastal sea;\n\n***relevant law*** means a law providing that where, in proceedings before a court, a person pleads guilty to a charge for which he or she could be prosecuted on indictment, the person may be committed, to a court having jurisdiction to try offences on indictment, to be sentenced or otherwise dealt with without being tried in that last-mentioned court.\n\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"Laws to be applied","content":"\t56 Laws to be applied\n\n(1) Subject to this Division, the laws of Victoria respecting—\n\n(a) the arrest and custody in Victoria of offenders or persons charged with offences; and\n\n(b) criminal procedure in Victoria in relation to such persons—\n\napply in Victoria, so far as they are applicable, to persons who are charged with offences against the Corporations Law of Victoria or of another State or the Capital Territory in respect of whom jurisdiction is conferred on a court of Victoria by this Division or a corresponding law of another State or the Capital Territory.\n\n(2) Subject to this Division, the laws of each other State and the Capital Territory respecting—\n\n(a) the arrest and custody in that State or Territory of offenders or persons charged with offences; and\n\n(b) criminal procedure in that State or Territory in relation to such persons—\n\napply in that State or Territory, so far as they are applicable, to persons who are charged with offences against the Corporations Law of Victoria in respect of whom jurisdiction is conferred on a court of that State or Territory by this Division.\n\n(3) The application of laws by subsections (1) and (2) is in addition to, and not in derogation from, the application of laws effected by Part 8 or the corresponding law of another State or the Capital Territory.\n\nS. 56(4) def. of *criminal procedure* amended by No. 68/2009 s. 97(Sch. item 32.8).\n\n***criminal procedure*** means the procedure for—\n\n(a) the summary conviction; and\n\n(b) the examination and commitment for trial on indictment; and\n\n(c) the trial and conviction on indictment; and\n\n(d) the hearing and determination of appeals arising out of any such trial, hearing or conviction or out of any related proceedings—\n\nof offenders or persons charged with offences, and includes the procedure for holding accused persons to bail;\n\n***laws of each other State and the Capital Territory*** means the laws that apply in relation to offenders, or persons charged with offences, against the Corporations Law of the State or Territory concerned.\n\nPt 9 Div. 3 (Heading and ss 56A, 56B) inserted by No. 7/2000 s. 3.\n\nDivision 3—Takeovers\n\nS. 56A inserted by No. 7/2000 s. 3.\n\n","sortOrder":63},{"sectionNumber":"56A","sectionType":"section","heading":"Proceedings in relation to takeover bids or proposed takeover bids","content":"\t56A Proceedings in relation to takeover bids or proposed takeover bids\n\n(1) Except as otherwise provided by section 659B of the Corporations Law of Victoria, a person may not commence court proceedings in relation to a takeover bid, or a proposed takeover bid, before the end of the bid period.\n\n(2) The powers of a court under the Corporations Law of Victoria in relation to conduct that contravenes that Law are limited as provided by section 659C of that Law.\n\n(3) Expressions used in this section and in Division 3 of Part 6.10 of Chapter 6 of the Corporations Law of Victoria have the same meanings as in that Division.\n\nS. 56B inserted by No. 7/2000 s. 3.\n\n","sortOrder":64},{"sectionNumber":"56B","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t56B Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 56A to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":65},{"sectionNumber":"Part 10","sectionType":"part","heading":"Companies Liquidation Account","content":"Part 10—Companies Liquidation Account\n\n","sortOrder":66},{"sectionNumber":"57","sectionType":"section","heading":"Companies Liquidation Account","content":"\t57 Companies Liquidation Account\n\n***relevant money*** means—\n\n(a) money that, immediately before the commencement of this section, stood to the credit of the Companies Liquidation Account established by section 428 of the **Companies (Victoria) Code**; and\n\n(b) money that, after the commencement of this section, is paid into the Companies Liquidation Account under provisions of the **Companies (Victoria) Code** that are taken to continue in force after the commencement of Chapter 5 of the Corporations Law for the purposes of windings up started before the commencement of that Chapter.\n\n(2) Relevant money is to be dealt with in accordance with section 427 of the **Companies (Victoria) Code**.\n\nS. 57(3) inserted by No. 100/1995 s. 21.\n\n(3) Despite anything to the contrary in this section or in section 601 of the Corporations Law, for the purposes of windings up started before the commencement of Chapter 5 of that Law, the provisions of the **Companies (Victoria) Code** are taken to remain in force and apply, from the commencement of section 21 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995**, as if—\n\n(a) in section 427 of that Code subsection (6) were repealed; and\n\n(b) for subsection (7) of section 427 of that Code there were substituted—\n\n\"(7) If a person claims to be entitled to any money paid to the credit of the Consolidated Fund under section 57(4) of the **Corporations (Victoria) Act 1990** or section 428 of this Code, the Treasurer must, if he or she is satisfied that the person is entitled to that money, pay to the person an equivalent amount.\"; and\n\n(c) in section 427(10) of that Code the words \"out of moneys appropriated by the Parliament for the purpose\" were **omitted**; and\n\n(d) in section 428 of that Code—\n\n(i) subsections (1) and (3) were **repealed**; and\n\n(ii) in subsection (2) for \"Companies Liquidation Account\" there were **substituted** \"Consolidated Fund\".\n\nS. 57(4) inserted by No. 100/1995 s. 21.\n\n(4) Any money that, immediately before the commencement of section 21 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995**, stood to the credit of the Companies Liquidation Account is to be paid to the Consolidated Fund.\n\nS. 57(5) inserted by No. 100/1995 s. 21.\n\n(5) The Consolidated Fund is appropriated to the necessary extent to enable the Treasurer to pay amounts in accordance with subsection (3).\n\nPt 11 (Heading) amended by No. 43/2001 s. 30(10).\n\n","sortOrder":67},{"sectionNumber":"Part 11","sectionType":"part","heading":"The ASIC Law, and the ASIC Regulations, of Victoria","content":"Part 11—The ASIC Law, and the ASIC Regulations, of Victoria\n\nPt 11 Div. 1 (Heading) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).[[1]](#endnote-1)\n\n","sortOrder":68},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application of ASIC Act and ASIC Regulations","content":"Division 1—Application of ASIC Act and ASIC Regulations\n\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Application in Victoria of the ASIC Act","content":"\t58 Application in Victoria of the ASIC Act\n\nS. 58(1) amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(8).\n\n(1) The ASIC Act as in force immediately before its repeal, other than the excluded provisions—\n\n(a) applies as a law of Victoria; and\n\nS. 58(1)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(b) as so applying, may be referred to as the ASIC Law of Victoria.\n\nS. 58(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) The excluded provisions of the ASIC Act are—\n\nPart 1, except section 6A\n\nDivisions 1 and 4 of Part 4\n\nDivision 1 of Part 7\n\nDivision 1 of Part 10\n\nDivision 1 of Part 11\n\nSections 251 and 252.\n\nS. 59 amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(9).\n\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Application of regulations","content":"\t59 Application of regulations\n\nThe regulations in force, immediately before the repeal of the ASIC Act, under section 251 of that Act—\n\nS. 59(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(a) apply as regulations in force for the purposes of the ASIC Law of Victoria; and\n\nS. 59(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(b) as so applying, may be referred to as the ASIC Regulations of Victoria.\n\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Victoria","content":"\t60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Victoria\n\nS. 60(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) In this Part, and in the ASIC Law, and the ASIC Regulations, of Victoria—\n\nS. 60(1) def. of *Advisory Committee* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Advisory Committee*** means the Companies and Securities Advisory Committee established by section 145 of the ASIC Act;\n\nS. 60(1) def. of *affairs* amended by No. 37/1999 s. 58(Sch. 1 item 1.10(a)).\n\n***affairs***, in relation to a body corporate, has the same meaning as in section 246AA of the Corporations Law;\n\nS. 60(1) def. of *assist* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***assist***, in relation to a Commission delegate, means—\n\n(a) to perform functions—\n\n(i) as a member, officer or employee of the Commission delegate; and\n\n(ii) in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law; or\n\n(b) to perform services for the Commission delegate in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law;\n\nS. 60(1) def. of *Australia* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Australia*** includes any external Territory to which the ASIC Act extends;\n\nS. 60(1) def. of *books* amended by No. 37/1999 s. 58(Sch. 1 item 1.10(b)).\n\n***books*** includes—\n\n(a) a register; and\n\n(b) financial reports or financial records, however compiled, recorded or stored; and\n\n(c) a document; and\n\n(d) banker's books; and\n\n(e) any other record of information;\n\nS. 60(1) def. of *Chairperson* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Chairperson*** means—\n\n(a) except in Part 11 of the ASIC Law or in relation to the Disciplinary Board—the Chairperson of the Commission; and\n\n(b) in Part 11 of that Law or in relation to the Disciplinary Board—the Chairperson of the Disciplinary Board;\n\nS. 60(1) def. of *Commission* amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(11).\n\n***Commission*** means the Australian Securities and Investments Commission established by section 7 of the ASIC Act;\n\nS. 60(1) def. of *Commission delegate* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Commission delegate*** means a person to whom, or a body to which, a function or power is delegated under section 102 of the ASIC Law;\n\n***contravention***, in relation to a law, includes an ancillary offence relating to an offence against that law;\n\nS. 60(1) def. of *court* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***court***, except in section 248 of the ASIC Law, includes a tribunal having power to require the production of documents or the answering of questions;\n\n***Deputy Chairperson*** means the Deputy Chairperson of the Commission;\n\nS. 60(1) def. of *Disciplinary Board* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Disciplinary Board*** means the Companies Auditors and Liquidators Disciplinary Board established by section 202 of the ASIC Act;\n\nS. 60(1) def. of *eligible person* amended by No. 18/2005 s. 18(Sch. 1 item 21.2).\n\n***eligible person***, in relation to a person, means a person who—\n\n(a) if the first-mentioned person is a body corporate—is or has been an officer of the body within the meaning of a national scheme law or a corresponding previous law; or\n\n(b) in any case—\n\n(i) is or has been an employee, agent, banker, lawyer or auditor of; or\n\n(ii) is acting, or has acted, in any other capacity on behalf of—\n\nthe first-mentioned person;\n\nS. 60(1) def. of *examination* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***examination*** means—\n\n(a) in this section and Part 3 (other than section 27(2) and Division 9) of the ASIC Law—an examination of a person pursuant to a requirement made under section 19 of that Law; or\n\n(b) in section 27(2) and Division 9 of Part 3 of the ASIC Law—an examination of a person pursuant to a requirement made under section 19 of the ASIC Law or a corresponding provision of the ASIC Law of another jurisdiction;\n\nS. 60(1) def. of *expenses* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***expenses***, in relation to an investigation under Division 1 of Part 3 of the ASIC Law, includes costs and expenses incurred in relation to a proceeding begun under section 50 of the ASIC Law as a result of the investigation;\n\n***fail*** means refuse or fail;\n\nS. 60(1) def. of *foreign country* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***foreign country*** means—\n\n(a) an external Territory to which the ASIC Act does not extend; or\n\n(b) a country outside Australia and the external Territories; or\n\n(c) a part of such a country;\n\nS. 60(1) def. of *give* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***give*** has—\n\n(a) in relation to a document—a meaning affected by section 86 of the ASIC Law; and\n\n(b) in relation to information—a meaning affected by section 61 of this Act;\n\nS. 60(1) def. of *hearing* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***hearing***, in this section and Part 3 of the ASIC Law, means a hearing before the Commission and, in sections 52, 54, 55 and 56 of that Law, includes a part of such a hearing;\n\n***information*** has a meaning affected by section 61 of this Act;\n\n***investigate***, in relation to the Commission, means investigate in the course of performing or exercising any of the Commission's functions and powers;\n\nS. 60(1) def. of *meeting* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***meeting*** means—\n\n(a) in Part 4 of the ASIC Law—a meeting of the Commission; and\n\n(b) in Part 11 of that Law—a meeting of the Disciplinary Board;\n\nS. 60(1) def. of *member* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***member*** means—\n\n(a) except in Division 2 of Part 4, or in Part 10, 11, or 14, of the ASIC Law, or in relation to a Division of the Commission, or in relation to the Panel or the Disciplinary Board—a member of the Commission;\n\n(b) in Part 10 of that Law or in relation to the Panel—a member of the Panel;\n\n(c) in Part 11 of that Law or in relation to the Disciplinary Board—the Chairperson or any other member of the Disciplinary Board;\n\nS. 60(1) def. of *national scheme law* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***national scheme law*** means—\n\n(a) the following—\n\n(i) the Corporations Law of this jurisdiction;\n\n(ii) the ASIC Law of this jurisdiction;\n\n(iii) this Act; or\n\n(b) the following—\n\n(i) the Corporations Act;\n\n(ii) the Corporations Law of the Capital Territory;\n\n(iii) the ASIC Act; or\n\n(c) a law of a jurisdiction (other than this jurisdiction or the Capital Territory) that corresponds to an Act or Law referred to in paragraph (a);\n\nS. 60(1) def. of *national scheme law  \nof this jurisdiction* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***national scheme law of this jurisdiction*** means—\n\n(a) this Act;\n\n(b) the Corporations Law of Victoria; or\n\n(c) the ASIC Law of Victoria;\n\nS. 60(1) def. of *officer* amended by No. 12/1995 s. 10.\n\n***officer***, in relation to a body corporate, includes—\n\n(a) a director, secretary, executive officer or employee of the body;\n\n(b) a receiver, or a receiver and manager, of property of the body;\n\n(c) an administrator of the body or an administrator of a deed of company arrangement executed by the body;\n\n(d) a liquidator, or a provisional liquidator, of the body; and\n\n(e) a trustee or other person administering a compromise or arrangement made between the body and any other person or persons;\n\nS. 60(1) def. of *Panel* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Panel*** means the Corporations and Securities Panel established by section 171 of the ASIC Act;\n\n***power*** includes an authority;\n\nS. 60(1) def. of *prescribed* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***prescribed*** means prescribed by the ASIC Law or the regulations;\n\n***President*** means the President of the Panel;\n\n***proceeding*** means—\n\n(a) a proceeding in a court; or\n\n(b) a proceeding or hearing before, or an examination by or before, a tribunal—\n\nwhether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature;\n\nS. 60(1) def. of *produce* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***produce***, except in Part 3 of the ASIC Law, includes permit access to;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action and money;\n\nS. 60(1) def. of *record* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***record***, in relation to an examination, means the whole or a part of a record made under section 24 of the ASIC Law of statements made at the examination;\n\nS. 60(1) def. of *regulations* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***regulations*** means the ASIC Regulations of this jurisdiction;\n\n***report*** includes an interim report;\n\nS. 60(1) def. of *staff member* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***staff member*** means—\n\n(a) a member of the staff referred to in section 120(1) of the ASIC Act or a person employed under section 120(3) of that Act;\n\n(b) a person engaged under section 121(1) of that Act; or\n\n(c) any of the officers, employees and persons who under section 122 of that Act are to assist the Commission;\n\n***statement***, in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination;\n\nS. 60(1) def. of *Territory* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***Territory*** means—\n\n(a) the Capital Territory; or\n\n(b) an external Territory to which the ASIC Act extends;\n\nS. 60(1) def. of *this Act* amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n***this Act***, except in this Part, means the ASIC Law, and includes the regulations;\n\n***this jurisdiction*** means Victoria;\n\n***this Law*** includes the regulations;\n\n***tribunal*** means—\n\n(a) a tribunal in Australia; or\n\n(b) any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;\n\n***witness***, in relation to a hearing before the Commission or the Panel, means a person appearing at the hearing to give evidence;\n\n***written record***, in relation to an examination, means—\n\n(a) a record of the examination—\n\n(i) that is made in writing; or\n\n(ii) as reduced to writing; or\n\n(b) a part of such a record.\n\nS. 60(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) Subject to the ASIC Law of this jurisdiction, an expression has the same meaning in that Law and in the ASIC Regulations of this jurisdiction as in the Corporations Law of this jurisdiction.\n\nS. 61 amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Giving information","content":"\t61 Giving information\n\nA reference in the ASIC Law, and the ASIC Regulations, of Victoria to giving information includes a reference to—\n\n(a) explaining or stating a matter; or\n\n(b) identifying a person, matter or thing; or\n\n(c) disclosing information; or\n\n(d) answering a question.\n\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Interpretation law","content":"\t62 Interpretation law\n\nS. 62(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) Except so far as the contrary intention appears in the ASIC Law of Victoria—\n\n(a) Part 1.2 (except section 8) of the Corporations Law of Victoria applies; and\n\nS. 62(1)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(b) subject to paragraph (a), the Acts Interpretation Act 1901 of the Commonwealth as in force at the commencement of section 5(5) of the ASIC Act applies as law of Victoria—\n\nin relation to the ASIC Law, and the ASIC Regulations, of Victoria and any instrument made, granted or issued under that Law or those Regulations (other than application orders made for the purposes of that Law under section 111A of the Corporations Law of this jurisdiction) and so apply as if that Law were an Act of the Commonwealth and those Regulations or instruments were regulations or instruments made under such an Act.\n\nS. 62(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) The **Interpretation of Legislation Act 1984** does not apply in relation to the ASIC Law, or the ASIC Regulations, of Victoria or an application order or any other instrument made, granted or issued under that Law or those Regulations.\n\nPt 11 Div. 2 (Heading) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).[[2]](#endnote-2)\n\nDivision 2—Citing the ASIC Law and the ASIC Regulations\n\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Alternative citations of the ASIC Law, and the ASIC Regulations, of Victoria","content":"\t63 Alternative citations of the ASIC Law, and the ASIC Regulations, of Victoria\n\nS. 63(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) The ASIC Law of Victoria may be referred to simply as the ASIC Law.\n\nS. 63(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) The ASIC Regulations of Victoria may be referred to simply as the ASIC Regulations.\n\n(3) This section has effect subject to section 65.\n\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"References to ASIC Law, and ASIC Regulations, of another jurisdiction","content":"\t64 References to ASIC Law, and ASIC Regulations, of another jurisdiction\n\n(1) This section has effect for the purposes of an Act, a law of Victoria or an instrument made under an Act or under such a law.\n\nS. 64(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) Where a law of a jurisdiction other than Victoria contains provisions corresponding to sections 5 and 6 of the Corporations Act and also provides for provisions of the ASIC Act to apply as law of that jurisdiction, those provisions of the ASIC Act, as so applying, are the ASIC Law of that jurisdiction.\n\nS. 64(3) amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(12).\n\n(3) Where a law of a jurisdiction other than Victoria provides for the regulations under section 251 of the ASIC Act to apply for the purposes of the ASIC Law of that jurisdiction, those regulations as so applying are the ASIC Regulations of that jurisdiction.\n\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"References to ASIC Law and ASIC Regulations","content":"\t65 References to ASIC Law and ASIC Regulations\n\nS. 65(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) The object of this section is to help ensure that, so far as possible—\n\nS. 65(1)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(a) the bodies established by the ASIC Act and the staff of those bodies, can perform functions and exercise powers; and\n\n(b) persons can have dealings with those bodies—\n\nas if the ASIC Act, the ASIC Law of Victoria and the ASIC Law of each other State, constituted a single national ASIC Law applying of its own force throughout Australia.\n\nS. 65(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) Subject to this section, a reference in an instrument to the ASIC Law, or to the ASIC Regulations, is to be taken, for the purposes of the laws of Victoria—\n\nS. 65(2)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(a) to be a reference to the ASIC Law, or to the ASIC Regulations, of Victoria; and\n\nS. 65(2)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(b) to include a separate reference to the ASIC Law, or to the ASIC Regulations, of each jurisdiction other than Victoria.\n\n(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires.\n\nS. 65(4) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the ASIC Law, or to the ASIC Regulations, of a jurisdiction.\n\n(5) In this section—\n\nS. 65(5) def. of *instrument* amended by Nos 68/2009 s. 97(Sch. item 32.9), 6/2018 s. 68(Sch. 2 item 31.2).\n\n***instrument*** means—\n\n(a) an Act or an instrument made under an Act; or\n\n(b) a law of Victoria or an instrument made under such a law; or\n\n(c) an award or other industrial determination or order, or an industrial agreement; or\n\n(d) any other order (whether executive, judicial or otherwise); or\n\n(e) a notice, certificate or licence; or\n\n(f) an agreement; or\n\n(g) an application made, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or\n\n(h) an indictment, summons or writ; or\n\n(i) any other pleading in, or process issued in connection with, a legal or other proceeding; or\n\n(j) any other document whatever.\n\nDivision 3—The Commission\n\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Conferral of functions and powers on Commission","content":"\t66 Conferral of functions and powers on Commission\n\n(1) The Commission has the functions and powers conferred or expressed to be conferred on it under a national scheme law of this jurisdiction.\n\n(2) The Commission also has the functions and powers conferred or expressed to be conferred upon the NCSC by or under a Code that is a relevant Code for the purposes of the **Companies and Securities (Interpretation and Miscellaneous Provisions) (Victoria) Code**.\n\nS. 67  \nrepealed by No. 43/2001 s. 30(13).\n\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Conferral of other functions and powers for purposes of law in Victoria","content":"\t68 Conferral of other functions and powers for purposes of law in Victoria\n\nThe Commission has power to do acts in Victoria in the performance or exercise of any function or power—\n\n(a) expressed to be conferred on the Commission by a national scheme law of another jurisdiction; or\n\nS. 68(b) repealed by No. 43/2001 s. 30(13).\n\nS. 69  \nrepealed by No. 43/2001 s. 30(13).\n\n","sortOrder":79},{"sectionNumber":"Div 4","sectionType":"division","heading":"The Panel","content":"Division 4—The Panel\n\n","sortOrder":80},{"sectionNumber":"70","sectionType":"section","heading":"Conferral of functions and powers on the Panel","content":"\t70 Conferral of functions and powers on the Panel\n\n(1) The Panel has the functions and powers conferred on it by or under a national scheme law of this jurisdiction.\n\n(2) The Panel has power to do acts in Victoria in the performance or exercise of any function or power expressed to be conferred on the Panel by a national scheme law of another jurisdiction.\n\n","sortOrder":81},{"sectionNumber":"Div 5","sectionType":"division","heading":"The Disciplinary Board","content":"Division 5—The Disciplinary Board\n\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Conferral of functions and powers on the Disciplinary Board","content":"\t71 Conferral of functions and powers on the Disciplinary Board\n\n(1) The Disciplinary Board has the functions and powers conferred on it by or under a national scheme law of this jurisdiction.\n\n(2) The Disciplinary Board has power to do acts in Victoria in the performance or exercise of any function or power expressed to be conferred on it by a national scheme law of another jurisdiction.\n\n","sortOrder":83},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n\nS. 72 amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n","sortOrder":84},{"sectionNumber":"72","sectionType":"section","heading":"Acting appointments","content":"\t72 Acting appointments\n\nWhere a person is appointed under the ASIC Act to act in a particular office, the law of this jurisdiction applies in relation to that person while acting in that office as if the person were the holder of the office.\n\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Alteration of names and constitutions","content":"\t73 Alteration of names and constitutions\n\n(1) Where—\n\nS. 73(1)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(a) the name of a body established by the ASIC Act is changed by law (whether or not the body is incorporated); or\n\n(b) the name of an office established by that Act is changed by law—\n\nthen, unless the contrary intention appears, a reference in—\n\n(c) any Act of this jurisdiction; or\n\n(d) any instrument under such an Act; or\n\n(e) any award or other industrial determination or order or any industrial agreement; or\n\n(f) any other order (whether executive, judicial or otherwise); or\n\n(g) any contract; or\n\n(h) any pleading in, or process issued in connection with, any legal or other proceeding; or\n\n(i) any other instrument—\n\nto the body or the office under the former name, except in relation to matters that occurred before that change took place, is taken as a reference to the body or the office under the new name.\n\nS. 73(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(2) Where the constitution of a body established by the ASIC Act is changed by law (whether or not the body is incorporated), then, unless the contrary intention appears, the alteration does not affect any functions or powers conferred or expressed to be conferred on that body by a national scheme law of this jurisdiction.\n\n","sortOrder":86},{"sectionNumber":"74","sectionType":"section","heading":"Application of Commonwealth Crimes Act","content":"\t74 Application of Commonwealth Crimes Act\n\nS. 74(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) For the purposes of Part 3 of the ASIC Law of Victoria, Part III of the Crimes Act 1914 of the Commonwealth applies as a law of Victoria.\n\n(2) For the purposes of Part III of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1), an examination or a hearing is a judicial proceeding.\n\nS. 74(3) substituted by No. 61/1991 s. 15.\n\n(3) For the purposes of a national scheme law of Victoria—\n\nS. 74(3)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(a) an offence under Part III of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1) in relation to an examination or hearing, is taken to be an offence against Part 3 of the ASIC Law of Victoria; and\n\nS. 74(3)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(b) an offence under Part III of the Crimes Act 1914 of the Commonwealth as applying, in relation to an examination or hearing held under the ASIC Law of another jurisdiction, as a law of that jurisdiction is taken to be an offence against Part 3 of the ASIC Law of that jurisdiction.\n\nS. 75 substituted by No. 12/1995 s. 11.\n\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Application of Commonwealth Evidence Act","content":"\t75 Application of Commonwealth Evidence Act\n\nS. 75(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).\n\n(1) For the purposes of Part 3 of the ASIC Law of Victoria, the following provisions of the Evidence Act 1995 of the Commonwealth apply as a law of Victoria:\n\nPart 2.2 (Documents)\n\nsection 69 (Exception: business records)\n\nsection 70 (Exception: contents of tags, labels and writing)\n\nsection 71 (Exception: telecommunications)\n\nsection 147 (Documents produced by processes, machines and other devices in the course of business)\n\nDivision 2 (Proof of certain matters by affidavits or written statements) of Part 4.6.\n\n(2) Those provisions of the Evidence Act 1995 of the Commonwealth apply to an examination in the same way as they apply to a proceeding to which that Act applies under section 4 of that Act.\n\nPart 12—General\n\nDivision 1—Arrangements\n\n\t76 Definition\n\nIn this Division—\n\n***relevant State law*** means—\n\n(a) a law of the State concerning the management or affairs of a body corporate; or\n\n(b) a law of the State concerning fraud or dishonesty; or\n\n(c) any other law of the State—\n\nother than a co-operative scheme law.\n\n","sortOrder":88},{"sectionNumber":"77","sectionType":"section","heading":"Arrangements relating to applicable provisions","content":"\t77 Arrangements relating to applicable provisions\n\n(1) Where an arrangement between the Minister and the Commonwealth Minister provides—\n\n(a) that an authority or officer of the Commonwealth has certain functions or powers under a relevant State law; or\n\n(b) that, despite section 33 or 39, an authority or officer of the State has certain functions or powers under an applicable provision of this jurisdiction—\n\nthose functions or powers are conferred on that authority or officer.\n\n(2) Functions and powers conferred under an arrangement under subsection (1) are to be performed and exercised in accordance with the arrangement but are to be taken to have been validly performed or exercised despite any failure to comply with any condition or restriction under the arrangement.\n\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Notice of arrangement","content":"\t78 Notice of arrangement\n\nNotice of each arrangement under section 77 must be published in the Government Gazette and in the Commonwealth of Australia Gazette within 21 days after it is made.\n\nDivision 2—Penalties and fines\n\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Application of penalties and fines","content":"\t79 Application of penalties and fines\n\nAll fines, penalties and other money (other than fees and taxes) which, under and by virtue of the applicable provisions of Victoria, are authorised or directed to be imposed on any person must be paid to the Commonwealth.\n\nDivision 3—Regulations\n\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"Regulations","content":"\t80 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, being provisions not inconsistent with the national scheme laws of this jurisdiction.\n\n(3) Any such provision may, if the regulations so provide, take effect on the date of commencement of this section or a later date.\n\n(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Government Gazette, the provision does not operate so as—\n\n(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication; or\n\n(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.\n\n(5) Regulations containing provisions of a kind referred to in subsection (2) cease to have effect on the first anniversary of the day on which this section comes into operation.\n\nS. 80(6) amended by No. 78/2010 s. 24(Sch. 1 item 7).\n\n(6) Where regulations cease to have effect because of subsection (5), section 24(2) of the **Subordinate Legislation Act 1994** applies as if the regulations had been disallowed by the Parliament.\n\nPart 13—Transitional\n\nDivision 1—Staff\n\n\t81 Information previously acquired\n\nA staff member within the meaning of Part 11 who, before the commencement of this section, was an officer or employee of the Public Service of Victoria engaged in the administration of a co‑operative scheme law may disclose to the Commission information acquired while so engaged.\n\nS. 82  \nrepealed by No. 46/1998  \ns. 7(Sch. 1).\n\n","sortOrder":92},{"sectionNumber":"83","sectionType":"section","heading":"Election to preserve benefits in, or remain in, State superannuation scheme","content":"\t83 Election to preserve benefits in, or remain in, State superannuation scheme\n\n(1) A person who is or has been a member of the Commission's staff who—\n\n(a) was appointed as such a member under section 81B of the Public Service Act 1922 of the Commonwealth; and\n\n(b) immediately before that appointment was an officer within the meaning of the **State Superannuation Act 1988**—\n\nmay, within three months after being so appointed, elect, by notice in writing given to the State Superannuation Board, to continue to contribute to the Superannuation Fund within the meaning of the **State Superannuation Act 1988**.\n\n(2) A person who makes an election under subsection (1) and is not a contributor to a superannuation scheme provided under an Act of the Commonwealth—\n\n(a) may continue to contribute to the Superannuation Fund while the person is appointed by the Commission as if the person were an officer within the meaning of the **State Superannuation Act 1988**, and were entitled as such an officer to the same annual salary as to that to which the person is actually entitled; and\n\n(b) has the same rights as the person would have if the person had been such an officer during the whole of the period during which the person contributes to the Superannuation Fund.\n\n(3) For the purposes of section 70 of the **State Superannuation Act 1988**, a member of the Commission's staff who was appointed under section 81B of the Public Service Act 1922 of the Commonwealth is to be taken, while appointed under that Act, to be employed by a public body within the meaning of section 70 of the **State Superannuation Act 1988**.\n\nDivision 2—Co-operative scheme laws\n\n","sortOrder":93},{"sectionNumber":"84","sectionType":"section","heading":"Co-operative scheme laws","content":"\t84 Co-operative scheme laws\n\nFor the purposes of this Act, the following are the co-operative scheme laws:\n\n**Companies (Application of Laws) Act 1981**\n\n**Companies (Victoria) Code**\n\n**Companies (Acquisition of Shares) (Application of Laws) Act 1981**\n\n**Companies (Acquisition of Shares) (Victoria) Code**\n\n**Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981**\n\n**Companies and Securities (Interpretation and Miscellaneous Provisions) (Victoria) Code**\n\n**Securities Industry (Application of Laws) Act 1981**\n\n**Securities Industry (Victoria) Code**\n\n**Futures Industry (Application of Laws) Act 1986**\n\n**Futures Industry (Victoria) Code**\n\n","sortOrder":94},{"sectionNumber":"85","sectionType":"section","heading":"National scheme laws prevail over co-operative scheme laws","content":"\t85 National scheme laws prevail over co-operative scheme laws\n\nS. 85(1) amended by No. 43/2001 s. 30(14).\n\n(1) This section provides for the national scheme laws of this jurisdiction to supersede the co-operative scheme laws, which are to continue to operate of their own force only in relation to—\n\n(a) matters arising before the commencement of this section; and\n\nS. 85(1)(b) substituted by No. 61/1991 s. 16.\n\n(b) matters arising, directly or indirectly, out of such matters—\n\nin so far as the national scheme laws or the Corporations legislation do not deal with those matters.\n\n(2) Where a co-operative scheme law is inconsistent with a national scheme law of this jurisdiction, the national scheme law prevails and, to the extent of the inconsistency, the co-operative scheme law does not operate.\n\n(3) For the purposes of subsection (2), a co-operative scheme law is inconsistent with a national scheme law if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth of Australia if the national scheme law were an Act of the Commonwealth.\n\nS. 85(4) inserted by No. 43/2001 s. 30(15).\n\n***Corporations legislation*** means the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies.\n\n","sortOrder":95},{"sectionNumber":"86","sectionType":"section","heading":"Regulations may exclude residual operation of co‑operative scheme laws","content":"\t86 Regulations may exclude residual operation of co‑operative scheme laws\n\n(1) Regulations under section 80 may provide that prescribed provisions of co-operative scheme laws do not operate, either generally or as otherwise prescribed by the regulations.\n\n(2) Regulations in force because of subsection (1) have effect accordingly.\n\n","sortOrder":96},{"sectionNumber":"87","sectionType":"section","heading":"Effect of sections 85 and 86","content":"\t87 Effect of sections 85 and 86\n\n(1) To the extent that a co-operative scheme law ceases to operate because of section 85 or 86, the law is taken for the purposes of the **Interpretation of Legislation Act 1984** to have been repealed by this Act.\n\n(2) Nothing in this Act revives, or otherwise affects the exclusion of, the provisions referred to in section 18(1) of the **Companies (Application of Laws) Act 1981** or section 16(1) of the **Securities Industry (Application of Laws) Act 1981**.\n\nS. 87(3) inserted by No. 43/2001 s. 30(16).\n\n(3) The amendment of the **Companies (Application of Laws) Act 1981** by section 26 of the **Corporations (Ancillary Provisions) Act 2001** does not revive, or otherwise affect the exclusion of, the provisions referred to in section 18(1) of the **Companies (Application of Laws) Act 1981**.\n\nS. 87(4) inserted by No. 43/2001 s. 30(16).\n\n(4) The amendment of the **Securities Industry (Application of Laws) Act 1981** by section 27 of the **Corporations (Ancillary Provisions) Act 2001** does not revive, or otherwise affect the exclusion of, the provisions referred to in section 16(1) of the **Securities Industry (Application of Laws) Act 1981**.\n\n","sortOrder":97},{"sectionNumber":"88","sectionType":"section","heading":"Regulations may modify co-operative scheme laws","content":"\t88 Regulations may modify co-operative scheme laws\n\n(1) Regulations under section 80 may provide that a specified co-operative scheme law, or specified provisions of a co-operative scheme law, has or have effect with such modifications as the regulations prescribe.\n\n(2) Regulations in force because of subsection (1) have effect accordingly, even if, because of section 85 or 86, the specified law does not operate of its own force, or the specified provisions do not operate of their own force, as the case requires.\n\n(3) However, a reference in section 85(2) to a co‑operative scheme law includes a reference to such a law as it has effect, or to provisions of such a law as they have effect, because of this section.\n\n","sortOrder":98},{"sectionNumber":"89","sectionType":"section","heading":"Co-operative scheme laws not affected by certain Commonwealth regulations","content":"\t89 Co-operative scheme laws not affected by certain Commonwealth regulations\n\nThe operation or effect of a co-operative scheme law is not modified or otherwise affected because regulations of a kind referred to in section 77 or 79 of the Corporations Act modify or otherwise affect the operation of a Co-operative Scheme Act within the meaning of Part 12 of the Corporations Act.\n\n","sortOrder":99},{"sectionNumber":"90","sectionType":"section","heading":"References to co-operative scheme laws and regulations","content":"\t90 References to co-operative scheme laws and regulations\n\n***Code regulations*** means provisions applying as regulations made under a Code by reason of a provision of an Act that is a co-operative scheme law;\n\nS. 90(1) def. of *instrument* substituted by No. 61/1991 s. 17, amended by No. 37/1999 s. 58(Sch. 1 item 1.11).\n\n***instrument*** has the same meaning as in section 13, but does not include—\n\n(a) a co-operative scheme law; or\n\n(b) regulations under an Act that is such a law, or under this Act; or\n\n(c) Code regulations; or\n\n(d) a national scheme law of this jurisdiction, or the Corporations Regulations, or ASIC Regulations, of Victoria.\n\n(2) Subject to subsection (4) and to any regulations in force under subsection (7), a reference in an instrument to a co-operative scheme law is to be taken to include a reference to such provisions of the national scheme laws of this jurisdiction as correspond to provisions of the co-operative scheme law.\n\nS. 90(3) amended by No. 37/1999 s. 58(Sch. 1 item 1.11).\n\n(3) Subject to subsection (4) and to any regulations in force under subsection (7), a reference in an instrument to Code regulations is to be taken to include a reference to such provisions of the Corporations Regulations, or ASIC Regulations, of Victoria as correspond to provisions of the Code regulations.\n\nS. 90(4) amended by No. 37/1999 s. 58(Sch. 1 item 1.11).\n\n(4) Subject to any regulations in force under subsection (7), a reference in an instrument to a provision of a co-operative scheme law or of Code regulations is to be taken to include a reference to the corresponding provision of a national scheme law of this jurisdiction or of the Corporations Regulations, or ASIC Regulations, of Victoria, as the case may be.\n\n(5) Subject to any regulations in force under subsection (7), a reference in an instrument to the NCSC is to be taken to include a reference to the Commission.\n\n(6) Regulations under section 80 may declare that, for the purposes of this section—\n\n(a) prescribed provisions of national scheme laws of this jurisdiction correspond to prescribed provisions of co-operative scheme laws; and\n\nS. 90(6)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.11).\n\n(b) prescribed provisions of the Corporations Regulations, or ASIC Regulations, correspond to prescribed provisions of Code regulations.\n\n(7) Regulations under section 80—\n\n(a) may declare that subsection (2), (3), (4) or (5) of this section does not apply in relation to prescribed references in prescribed instruments; or\n\n(b) may declare that subsection (2), (3), (4) or (5) of this section has effect in relation to prescribed references in prescribed instruments as if, in the subsection, the words \"be taken to be\" were **substituted** for the words \"be taken to include\".\n\n(8) Regulations in force because of subsection (6) or (7) have effect accordingly.\n\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Conferral of functions and powers in relation to co‑operative scheme laws","content":"\t91 Conferral of functions and powers in relation to co‑operative scheme laws\n\n(1) The Commonwealth Director of Public Prosecutions—\n\n(a) has the same enforcement powers in relation to the co-operative scheme laws as has the Director of Public Prosecutions of Victoria; and\n\nS. 91(1)(b) amended by No. 12/1995 s. 12.\n\n(b) may, in relation to an offence against a co‑operative scheme law, perform the functions and exercise the powers conferred on the Director of Public Prosecutions by the Director of Public Prosecutions Act 1983 of the Commonwealth in relation to offences against the laws of the Commonwealth as if the offence against the co-operative scheme law were an offence against a national scheme law of this jurisdiction.\n\n(2) The Australian Federal Police—\n\nS. 91(2)(a) amended by No. 37/2014 s. 10(Sch. item 31).\n\n(a) have the same enforcement powers in relation to the co-operative scheme laws as has Victoria Police; and\n\n(b) may, in relation to an offence against a co‑operative scheme law, perform the functions and exercise the powers conferred on the Australian Federal Police in relation to offences against the laws of the Commonwealth as if the offence against the co-operative scheme law were an offence against a national scheme law of this jurisdiction.\n\n(3) The Commonwealth Minister has, in respect of the prosecution of offences against the co‑operative scheme laws, the same functions and powers as he or she has in respect of the prosecution of offences against a national scheme law of this jurisdiction.\n\n(4) For the purposes of the exercise of enforcement powers, and other functions and powers conferred by this section, including the obtaining of warrants to arrest, an offence against a co‑operative scheme law is taken to be an offence against a national scheme law of this jurisdiction.\n\n(5) In this section, ***enforcement power*** means a function or power relating to—\n\n(a) the investigation of an offence; or\n\n(b) the arrest and custody of persons charged with an offence; or\n\n(c) the institution and carrying on of a prosecution of an offence; or\n\n(d) matters relating to such an investigation, arrest, custody or prosecution.\n\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Arrangements affecting exercise of investigation powers by State authorities and officers","content":"\t92 Arrangements affecting exercise of investigation powers by State authorities and officers\n\n(1) Where an arrangement between the Minister and the Commonwealth Minister makes provision in relation to the exercise by a State authority or officer of enforcement powers within the meaning of section 91 in relation to the co-operative scheme laws—\n\n(a) the State authority or officer is authorised to act in accordance with that arrangement; and\n\n(b) the State authority or officer must not exercise an enforcement power except in accordance with that arrangement; and\n\n(c) the exercise of, or failure to exercise, an enforcement power by a State authority or officer is to be taken to have been validly performed or withheld, despite any failure to comply with any conditions in the arrangement.\n\n(2) Notice of each arrangement under subsection (1) must be published in the Government Gazette and in the Commonwealth of Australia Gazette within 21 days after it is made.\n\nDivision 3—Exemptions\n\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Exempt bodies","content":"\t93 Exempt bodies\n\nEach of the following is an exempt body in relation to Victoria for the purposes of the Corporations Law of Victoria—\n\nS. 93(a) amended by No. 20/2012 s. 226(Sch. 5 item 7).\n\n(a) an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**;\n\nS. 93(b) repealed by No. 37/1999 s. 58(Sch. 1 item 1.12).\n\n(c) a society within the meaning of the **Co‑operation Act 1981**, a foreign society registered under Part XI of that Act and a society in respect of which there is an exemption under section 54(3) of that Act;\n\n(d) a co-operative housing society within the meaning of the **Co-operative Housing Societies Act 1958**.\n\nS. 93(e) repealed by No. 37/1999 s. 58(Sch. 3 item 3.1).\n\nS. 94 repealed by No. 37/1999 s. 58(Sch. 1 item 1.13).\n\nDivision 4—Australian Stock Exchange Limited\n\n","sortOrder":103},{"sectionNumber":"95","sectionType":"section","heading":"Saving of provisions about Australian Stock Exchange Limited","content":"\t95 Saving of provisions about Australian Stock Exchange Limited\n\n(1) Section 85 does not apply in relation to Part IIA of the **Securities Industry (Victoria) Code**.\n\n(2) Part IIA has effect, as provided in this section, despite the national scheme laws of this jurisdiction.\n\n(3) A reference in Part IIA to a relevant Code, except in relation to a time before the commencement of this section, is taken to be a reference to a national scheme law of this jurisdiction.\n\n(4) Subject to subsection (5), a reference in Part IIA to a particular co-operative scheme law, except in relation to a time before that commencement, is taken to be a reference to such provisions of the national scheme laws of this jurisdiction as correspond to provisions of that law.\n\n(5) A reference in Part IIA to a provision of a co‑operative scheme law (other than a provision of Part IIA itself), except in relation to a time before that commencement, is taken to be a reference to the corresponding provision of a national scheme law of this jurisdiction.\n\n(6) Regulations in force because of section 90(6) also have effect for the purposes of this section.\n\nDivision 5—Companies Auditors and Liquidators Disciplinary Board\n\n","sortOrder":104},{"sectionNumber":"96","sectionType":"section","heading":"Board to continue in existence for certain purposes","content":"\t96 Board to continue in existence for certain purposes\n\nThe Companies Auditors and Liquidators Disciplinary Board established under section 11 of the **Companies (Administration) Act 1981** may perform the functions and exercise the powers conferred on it under Division 2 of Part II of the **Companies (Victoria) Code** in respect of applications made to it under Subdivision B of that Division before the commencement of this section.\n\nPt 13 Div. 6 (Heading and ss 96A–96C) inserted by No. 12/1995 s. 13.\n\nDivision 6—Amending Acts\n\nS. 96A inserted by No. 12/1995 s. 13.\n\n","sortOrder":105},{"sectionNumber":"96A","sectionType":"section","heading":"Corporations (Victoria) (Amendment) Act 1995","content":"\t96A Corporations (Victoria) (Amendment) Act 1995\n\n***Court*** means the Federal Court of Australia or the Supreme Court of a State or Territory;\n\n***jurisdiction amendments*** means the amendments made by Part 2 of the **Corporations (Victoria) (Amendment) Act 1995**;\n\n***jurisdiction commencement*** means the commencement of the jurisdiction amendments.\n\n(2) The jurisdiction amendments apply to proceedings commenced, or recommenced, after the jurisdiction commencement, whether the cause of action arose before or after that commencement.\n\nS. 96B inserted by No. 12/1995 s. 13.\n\n","sortOrder":106},{"sectionNumber":"96B","sectionType":"section","heading":"Effect of decision that court did not have jurisdiction","content":"\t96B Effect of decision that court did not have jurisdiction\n\n(1) This section applies if—\n\n(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Victoria were commenced in a court (the ***first court***) other than the Court; and\n\n(b) the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter; and\n\n(c) the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement; and\n\n(d) the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.\n\n(2) The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.\n\n(3) That decision does not affect a recommencement of the proceedings after the jurisdiction commencement.\n\nS. 96C inserted by No. 12/1995 s. 13.\n\n","sortOrder":107},{"sectionNumber":"96C","sectionType":"section","heading":"Effect of absence of decision that court did not have jurisdiction","content":"\t96C Effect of absence of decision that court did not have jurisdiction\n\n(1) That section applies if—\n\n(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Victoria were commenced in a court (the ***first court***) other than the Court; and\n\n(b) either—\n\n(i) no court expressly decided, before the jurisdiction commencement, whether the first court had jurisdiction in respect of the matter; or\n\n(ii) a decision of the first court, or of another court on appeal from a decision of the first court, that the first court did have jurisdiction in respect of the matter still stands at the jurisdiction commencement.\n\n(2) For the purposes of any consideration by a court, after the jurisdiction commencement, of whether the first court had jurisdiction in respect of the matter, the first court is taken to have had jurisdiction in respect of the matter if it would have had that jurisdiction if the jurisdiction amendments had commenced before the cause of action arose.\n\nS. 96D  \ninserted by No. 22/2000 s. 19.\n\n","sortOrder":108},{"sectionNumber":"96D","sectionType":"section","heading":"Application of section 42AA","content":"\t96D Application of section 42AA\n\n***commencement*** means the commencement of section 15  of the **Federal Courts (Consequential Amendments) Act 2000**;\n\n***related criminal justice process decision***, in relation to an offence, has the same meaning as in section 42AA.\n\n(2) The amendments made by section 15 of the **Federal Courts (Consequential Amendments) Act 2000** apply in relation to—\n\n(a) a decision made on or after the commencement to prosecute a person for an offence, even if the conduct alleged to give rise to the offence occurred before that commencement; or\n\n(b) a related criminal justice process decision made on or after the commencement in relation to an offence, even if either or both of the following apply—\n\n(i) the conduct alleged to give rise to the offence occurred before the commencement;\n\n(ii) the prosecution of the offence, or an appeal arising out of the prosecution, was commenced before the commencement.\n\n(3) The amendments made by section 15 of the **Federal Courts (Consequential Amendments) Act 2000** also apply in relation to—\n\n(a) a decision made before the commencement to prosecute a person for an offence, even if that decision is the subject of an application that is before a court at the commencement; or\n\n(b) a related criminal process decision made before the commencement in relation to an offence, even if either or both of the following apply—\n\n(i) the decision is the subject of an application that is before a court at the commencement; or\n\n(ii) the prosecution of the offence, or an appeal arising out of that prosecution, was commenced before the commencement.\n\nPt 13 Div. 7 (Heading and ss 96E, 96F) inserted by No. 43/2001 s. 31.\n\n","sortOrder":109},{"sectionNumber":"Div 7","sectionType":"division","heading":"Functions of Commonwealth authorities and officers of the Commonwealth","content":"Division 7—Functions of Commonwealth authorities and officers of the Commonwealth\n\nS. 96E inserted by No. 43/2001 s. 31.\n\n","sortOrder":110},{"sectionNumber":"96E","sectionType":"section","heading":"Definitions","content":"\t96E Definitions\n\nIn this Division—\n\n***function*** includes a power;\n\n***old corporations legislation*** has the same meaning as in the **Corporations (Ancillary Provisions) Act 2001**;\n\n***perform*** includes exercise.\n\nS. 96F inserted by No. 43/2001 s. 31.\n\n","sortOrder":111},{"sectionNumber":"96F","sectionType":"section","heading":"Functions of Commonwealth authorities and officers of the Commonwealth","content":"\t96F Functions of Commonwealth authorities and officers of the Commonwealth\n\nIf a Commonwealth authority or an officer of the Commonwealth has a function expressed to be conferred on the authority or officer by or under the old corporations legislation, the authority or officer is not under a duty to perform that function.\n\n","sortOrder":112},{"sectionNumber":"Part 14","sectionType":"part","heading":"Provisions affecting Corporations Law","content":"Part 14—Provisions affecting Corporations Law\n\nS. 97 amended by No. 37/1999 s. 58(Sch. 1 item 1.14) (ILA s. 39B(1)).\n\n","sortOrder":113},{"sectionNumber":"97","sectionType":"section","heading":"Certain transfers by companies under Subdivision Act 1988 not to constitute reduction of share capital","content":"\t97 Certain transfers by companies under Subdivision Act 1988 not to constitute reduction of share capital\n\n(1) Where land under the operation of the **Transfer of Land Act 1958** is comprised in—\n\n(a) a plan of strata subdivision registered under the **Strata Titles Act 1967**; or\n\n(b) a plan of cluster subdivision registered under the **Cluster Titles Act 1974**; or\n\n(c) a plan of subdivision registered under the **Subdivision Act 1988**—\n\nand, at the time of registration of the plan, the proprietor of that land was a company, the transfer by the company of—\n\n(d) a unit on the plan of strata subdivision; or\n\n(e) a lot on the plan of cluster subdivision; or\n\n(f) a lot on the plan of subdivision—\n\nin exchange for or in satisfaction of a right of the kind referred to in section 195(13) of the Corporations Law, does not of itself constitute, and is to be taken never to have constituted, a reduction of the share capital of the company.\n\nS. 97(2) inserted by No. 37/1999 s. 58(Sch. 1 item 1.14)\n\n(2) Subsection (1) does not apply to a transfer made on or after the commencement of item 1.14 of Schedule 1 of the **Financial Sector Reform (Victoria) Act 1999**.\n\nPt 15  \n(Heading and ss 98–100) repealed by No. 12/1995 s. 14.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech‑*\n\n*Legislative Assembly: 15 November 1990*\n\n*Legislative Council: 28 November 1990*\n\nThe long title for the Bill for this Act was \"A Bill to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of Victoria and for other purposes.\".\n\nThe **Corporations (Victoria) Act 1990** was assented to on 11 December 1990 and came into operation as follows:\n\nAll of Act (*except* section 98(2)) on 1 January 1991: Special Gazette (No. 69) 21 December 1990 page 1; section 98(2) on 22 May 1991: Government Gazette 22 May 1991 page 1338.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Corporations (Victoria) Act 1990** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Corporations (Victoria) (Amendment) Act 1991, No. 61/1991**\n\n| Assent Date: | 6.11.91 |\n| Commencement Date: | Pt 1 (ss 1–3), s. 19 on 6.11.91: s. 2(1); ss 4, 6, 15, 17 on 1.1.91: s. 2(2); rest of Act on 31.7.92: Government Gazette 29.7.92 p. 1971 |\n\n**Corporations (Victoria) (Amendment) Act 1995, No. 12/1995**\n\n| Assent Date: | 2.5.95 |\n| Commencement Date: | Ss 1–3 on 2.5.95: s. 2(1); Pt 2 (ss 4–9) on 16.10.95: Government Gazette 12.10.95 p. 2856; rest of Act on 19.10.95: Government Gazette 19.10.95 p. 2916—see **Interpretation of Legislation Act 1984** |\n\n**Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | S. 21 on 5.12.95: s. 2(1) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Financial Sector Reform (Victoria) Act 1999, No. 37/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 58(Sch. 3 item 3) on 1.7.99: Special Gazette (No. 97) 30.6.99 p. 2; s. 58(Sch. 1 item 1) on 15.6.01: Government Gazette 14.6.01 p. 1273 |\n\n**Corporations (Victoria) (Amendment) Act 2000, No. 7/2000**\n\n| Assent Date: | 18.4.00 |\n| Commencement Date: | 19.4.00: s. 2 |\n\n**Federal Courts (Consequential Amendments) Act 2000, No. 22/2000**\n\n| Assent Date: | 16.5.00 |\n| Commencement Date: | Ss 10–19 on 1.7.00: Government Gazette 29.6.00 p. 1455 |\n\n**Corporations (Ancillary Provisions) Act 2001, No. 43/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | Ss 30, 31 on 15.7.01: s. 2 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 21) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 32) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Subordinate Legislation Amendment Act 2010, No. 78/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 24(Sch. 1 item 7) on 1.1.11: s. 2(1) |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 7) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 8) on 28.6.12: s. 2(1) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 22) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Corporations (Victoria) Act 1990** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 31) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Corporations (Victoria) Act 1990** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 31) on 1.3.19: s. 2(2) |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 3(Sch. 1 item 12) on 22.10.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Pt 11 Div. 1 (Heading): The amendment proposed by section 30(10) of the **Corporations (Ancillary Provisions) Act 2001**, No. 43/2001 is not included in this publication due to the earlier amendment made by section 58  \n(Schedule 1 item 1.9) of the **Financial Sector Reform (Victoria) Act 1999**, No. 37/1999.\n\n  Section 30(10) reads as follows:\n\n  30 Amendment of Corporations (Victoria) Act 1990\n\n  (10) In the headings to Part 11, and to Divisions 1 and 2 of Part 11, of the **Corporations (Victoria) Act 1990**, for \"ASC\" (wherever occurring) **substitute** \"ASIC\". [↑](#endnote-ref-1)\n\n2. Pt 11 Div. 2 (Heading): See note 1. [↑](#endnote-ref-2)","sortOrder":114}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2560},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"While the core purpose remains applying national corporations law to Victoria, the Act has grown significantly beyond its original 1990 scope. Originally focused on applying the Corporations Law 1989, it now also: (1) applies the ASIC Law and regulations (Part 11); (2) establishes complex national enforcement mechanisms treating state breaches as Commonwealth offences; (3) incorporates extensive administrative law frameworks (freedom of information, privacy, ombudsman review); (4) creates intricate cross-vesting arrangements between state and federal courts; and (5) carries substantial transitional baggage from multiple predecessor statutes (Co-operative scheme laws) dating back to 1981. The machinery has expanded from simple 'application of laws' to a comprehensive federal-state integration framework."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Corporations Act 1989, ASIC Act 1989, Corporations Act 2001) requiring readers to consult multiple statutes simultaneously","Approximately 40 defined terms in section 3 alone, with complex nested definitions (e.g., 'applicable provision' defined by reference to multiple other defined terms)","Complex federal-state judicial arrangements including cross-vesting of civil and criminal jurisdiction between State Supreme Courts, Federal Court, State Family Courts, and lower courts (Part 9)","Application of Commonwealth criminal procedure (Crimes Act 1914) and administrative law (Administrative Review Tribunal Act, Freedom of Information Act, etc.) to Victorian matters through 'mirror' provisions (Part 8)","Transitional provisions in Part 13 dealing with parallel operation of 'co-operative scheme laws' (old state-based system) and 'national scheme laws' (current system), including complex savings and modification regulations","Multiple layers of conditional logic and exceptions, such as section 5 (protection from later State laws) which itself contains exceptions, and Crown immunity provisions (Part 4) with their own limitations","Mechanical provisions for treating offences against Victorian law as offences against Commonwealth law for procedural purposes, creating complex jurisdictional overlays (Division 2 of Part 8)","Version 035 incorporating amendments up to October 2025, showing heavy amendment history with tracked changes and repealed sections throughout the text"],"plain_english_summary":"**What this legislation does**\n\nThis Act is Victoria’s bridge to Australia’s national corporations law. It takes the Commonwealth laws that govern companies, financial markets, and corporate regulators (like ASIC) and applies them as Victorian law. This creates one consistent set of rules for businesses across Australia, rather than having different rules in each state.\n\n**Key things the Act covers:**\n\n- **Applying national law locally**: It makes the Commonwealth *Corporations Law* and *ASIC Law* (the laws governing companies and the corporate regulator) apply in Victoria as if they were Victorian laws.\n- **Court jurisdiction**: It gives Victorian courts (Supreme Court, County Court, Magistrates' Court) the power to hear cases about companies and securities, even when the matters involve other states or Commonwealth agencies.\n- **National enforcement**: It treats breaches of these laws as if they were Commonwealth offences for practical purposes—meaning police and prosecutors can use Commonwealth procedures to investigate and prosecute corporate misconduct in Victoria.\n- **Cross-border cooperation**: It allows courts in different states to transfer corporate cases to the most appropriate court, and ensures Victorian courts will assist courts from other jurisdictions.\n- **Transition from old laws**: It manages the shift from Victoria’s old state-based corporate laws (called “co-operative scheme laws”) to the current national system, ensuring old cases don’t fall through the cracks.\n- **Fees and levies**: It imposes various fees on companies and levies for investor protection funds.\n\n**Who it affects**\n\nAnyone running a company in Victoria, company directors, shareholders, financial advisors, stockbrokers, and investors. It also affects lawyers and judges handling corporate disputes, and Commonwealth agencies like ASIC operating in Victoria.\n\n**Why it matters**\n\nWithout this Act, Victoria would have its own separate corporations law, creating expensive confusion for businesses operating across state borders. By adopting the Commonwealth law as its own, Victoria ensures that a company in Melbourne operates under the same rules as a company in Sydney or Perth, while keeping access to local Victorian courts for disputes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally applied the 1989 Commonwealth Corporations Act and ASIC Act as state law. Over time, amendments have significantly expanded its scope: added takeover provisions (Division 3 of Part 9), new court jurisdiction for administrative decisions by Commonwealth officers (section 42AA), new transfer rules for lower courts (section 42B, 44AA), updated references as Commonwealth bodies renamed (e.g., ASC to ASIC), and inserted transitional divisions for later amending acts. The 2001 amendments also removed duties on Commonwealth authorities to perform functions from old corporations legislation. The scope has grown from a simple 'application' act to a comprehensive jurisdictional and administrative framework."},"complexity_factors":["Over 50 defined terms in section 3, many cross-referencing Commonwealth Acts","Lengthy with 14 Parts and numerous Divisions (e.g., Part 9 has 3 Divisions with detailed cross-vesting rules)","Heavy reliance on external documents: the Corporations Act, ASIC Act, and their regulations are incorporated by reference","Multiple layers of amendment (35 versions, many amendments) with transitional savings and application provisions","Complex conditional logic in cross-vesting of jurisdiction (sections 40-56B), including mandatory and discretionary transfers","Exceptions and qualifications throughout, e.g., section 5 prevents later state laws from amending this Act unless expressly stated","Part 13 transitional provisions with multiple divisions and sub-divisions addressing staff, co-operative scheme laws, exemptions, and amending acts"],"plain_english_summary":"The **Corporations (Victoria) Act 1990** is a state law that makes the Commonwealth's national corporations law apply in Victoria. It essentially adopts the Commonwealth's rules for companies, securities, and futures (financial contracts) as Victorian law, creating a single, unified system across Australia. The Act also sets up how courts in different states share jurisdiction (the power to hear cases), how fees and taxes are imposed on companies, and how the Australian Securities and Investments Commission (ASIC) enforces the rules. It overrides earlier state-based company laws and includes transitional provisions for old cases. Key effects: companies operating in Victoria are governed by national rules, not separate state laws; courts can transfer cases between states; and fees prescribed under the national regulations become legally enforceable in Victoria."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have fulfilled its original narrow purpose: referring corporate law powers to the Commonwealth as part of a national cooperative scheme. Its scope has not expanded — if anything, it has contracted in practical relevance following the enactment of the Commonwealth Corporations Act 2001."},"complexity_factors":["The Act itself is a referral/application statute — it is short and largely operates by reference to other (more complex) Commonwealth legislation","Understanding its purpose requires knowledge of the historical cooperative scheme between states and the Commonwealth","Its current legal status requires cross-referencing with subsequent Commonwealth legislation (Corporations Act 2001) and High Court decisions","Limited substantive content visible in the provided text, making full analysis difficult","The interplay between state and federal constitutional powers adds a layer of complexity for those unfamiliar with Australian federalism"],"plain_english_summary":"## Corporations (Victoria) Act 1990\n\nThis Victorian law was created to formally hand over control of company regulation from Victoria to the Commonwealth (federal) government. \n\n**What it does:** Before 1991, each Australian state had its own companies legislation. This Act was Victoria's way of agreeing to a national cooperative scheme, essentially saying: *'We, Victoria, accept and apply the federal Corporations Law as if it were our own.'*\n\n**Who it affects:**\n- Businesses registered or operating in Victoria\n- Company directors and officers based in Victoria\n- Shareholders and investors in Victorian companies\n- Lawyers and accountants advising on corporate matters\n\n**Why it matters:** This was a landmark step toward a single national companies law for all Australians. Rather than businesses needing to comply with different rules in each state, Victoria agreed to mirror the federal framework — making it simpler to run a company across state borders.\n\n**Where things stand now:** This Act has largely been superseded by the *Corporations Act 2001* (Commonwealth), which created a truly unified national corporations law. The Victorian Act is now mostly of historical significance, though it technically remains on the books."}},"importantCases":[],"_links":{"self":"/api/acts/corporations-victoria-act-1990","history":"/api/acts/corporations-victoria-act-1990/history","analysis":"/api/acts/corporations-victoria-act-1990/analysis","conflicts":"/api/acts/corporations-victoria-act-1990/conflicts","importantCases":"/api/acts/corporations-victoria-act-1990/important-cases","documents":"/api/acts/corporations-victoria-act-1990/documents"}}