Body Corporate and Community Management Act 1997
sec.12References to old/new corporations legislation or old/new ASIC legislation
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sec.12 References to old/new corporations legislation or old/new ASIC legislation
Subject to subsections (2) and (3), a reference in, or taken immediately before the relevant time to be in, an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to— a law, regulations or instrument of a kind specified in column 1 of the table in schedule 1 is taken, at and after the relevant time, to include a reference to the Act , regulations or instrument of the kind specified opposite it in column 2 of that table; or a provision or group of provisions of a law, regulations or instrument of a kind specified in column 1 of the table in schedule 1 is taken, at and after the relevant time, to include a reference to the corresponding provision or provisions (if any) of the Act , regulations or instrument of the kind specified opposite it in column 2 of that table. Subsection (1) does not apply in relation to references in, or taken immediately before the relevant time to be in— the old application Act or the applicable provisions (as defined in that Act) of the State; or a previous State corporations law or an instrument made under a previous State corporations law; or this Act or any regulation made under this Act; or the Acts Interpretation Act 1954 ; or any other Act, or any provision of an Act, or any kind of Act or provision of an Act, specified under a regulation; or an instrument made under an Act, or any provision of an instrument made under an Act, or any kind of instrument (an identified instrument ) made under an Act or provision of an identified instrument, specified under a regulation; or a law applying as a law of the State by force of an Act, or any provision of a law applying as a law of the State by force of an Act, or any kind of law (an identified law ) applying as a law of the State by force of an Act or provision of an identified law, specified under a regulation. An express reference in an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to— an Act, regulations or other instrument forming part of the new corporations legislation or the new ASIC legislation; or a provision or group of provisions of an Act, regulations or other instrument mentioned in paragraph (a); is taken, in relation to events, circumstances or things that happened or arose at a time before the relevant time, to include (unless the contrary intention appears or the context of the reference otherwise requires) a reference to the corresponding provision or provisions of the old corporations legislation, or the old ASIC legislation, as the case requires, of this jurisdiction and of each other jurisdiction referred to in sections 12 (2) and (3) and 64 (2) and (3) of the old application Act. s 12 (2), (4) and (6) exp 30 June 2003 (see s 28(1)) (sec.12-ssec.1) Subject to subsections (2) and (3), a reference in, or taken immediately before the relevant time to be in, an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to— a law, regulations or instrument of a kind specified in column 1 of the table in schedule 1 is taken, at and after the relevant time, to include a reference to the Act , regulations or instrument of the kind specified opposite it in column 2 of that table; or a provision or group of provisions of a law, regulations or instrument of a kind specified in column 1 of the table in schedule 1 is taken, at and after the relevant time, to include a reference to the corresponding provision or provisions (if any) of the Act , regulations or instrument of the kind specified opposite it in column 2 of that table. (sec.12-ssec.3) Subsection (1) does not apply in relation to references in, or taken immediately before the relevant time to be in— the old application Act or the applicable provisions (as defined in that Act) of the State; or a previous State corporations law or an instrument made under a previous State corporations law; or this Act or any regulation made under this Act; or the Acts Interpretation Act 1954 ; or any other Act, or any provision of an Act, or any kind of Act or provision of an Act, specified under a regulation; or an instrument made under an Act, or any provision of an instrument made under an Act, or any kind of instrument (an identified instrument ) made under an Act or provision of an identified instrument, specified under a regulation; or a law applying as a law of the State by force of an Act, or any provision of a law applying as a law of the State by force of an Act, or any kind of law (an identified law ) applying as a law of the State by force of an Act or provision of an identified law, specified under a regulation. (sec.12-ssec.5) An express reference in an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to— an Act, regulations or other instrument forming part of the new corporations legislation or the new ASIC legislation; or a provision or group of provisions of an Act, regulations or other instrument mentioned in paragraph (a); is taken, in relation to events, circumstances or things that happened or arose at a time before the relevant time, to include (unless the contrary intention appears or the context of the reference otherwise requires) a reference to the corresponding provision or provisions of the old corporations legislation, or the old ASIC legislation, as the case requires, of this jurisdiction and of each other jurisdiction referred to in sections 12 (2) and (3) and 64 (2) and (3) of the old application Act.