23 Acts of Governor or Minister under Companies Act 1962 deemed to be acts of Ministerial Council or Commission, &c.
(1) In this section –
the Act means the Companies Act 1962;
the Code means the Companies (Tasmania) Code;
the Gazette means the Commonwealth of Australia Gazette.
(2) Where the Minister had given consent under section 22 (1) of the Act to the registration of a company or an intended company by a specified name and the company had not been registered by that name before the commencement of this Act, the consent shall be deemed to have been a consent to the reservation or registration of that name in respect of that company or intended company given by the Ministerial Council under section 38 (2) of the Code .
(3) A licence issued to a company under section 24 of the Act or the corresponding provision of a previous enactment and in force immediately before the commencement of this Act continues in force as if –
(a) the licence were a licence issued by the Commission under section 66 of the Code; and
(b) where the company was exempt from complying with provisions of the Act – the licence exempted the company from complying with the corresponding provisions of the Code –
and a reference in the Code to a licence under section 66 of the Code shall be construed as including a reference to a licence to which this subsection applies.
(4) A declaration under section 38 (7) (b) or (c) of the Act and in force immediately before the commencement of this Act shall be deemed to be a declaration made by the Commission under section 97 (7) (b) or (c), as the case may be, of the Code.
(5) A notice under section 38 (8) of the Act and in force immediately before the commencement of this Act shall be deemed to be a notice by the Commission published under section 97 (9) of the Code.
(6) Where –
(a) under section 44 (3) of the Act, an allotment of shares or debentures had been exempted from the operation of section 44 of the Act; and
Section 23 - Companies (Application of Laws) Act 1982 - Acts of Governor or Minister under Companies Act 1962 deemed to be acts of Ministerial Council or Commission, &c. | Zoe
(b) that exemption was in force immediately before the commencement of this Act –
that allotment of shares or debentures shall be deemed to have been exempted by the Commission, under section 105 (3) of the Code, from the operation of section 105 of the Code.
(7) An approval for the purposes of section 74 (1) (e) of the Act and in force immediately before the commencement of this Act shall be deemed to be an approval given by the Commission under section 152 (1) (h) of the Code.
(8) An order under section 74D (2) of the Act and in force immediately before the commencement of this Act shall be deemed to be an order made by the Commission under section 156 (2) of the Code.
(9) Where, under section 74D (2) of the Act, the trustee for the holders of debentures had been directed to apply to the Court for an order under section 74D (4) of the Act and at the commencement of this Act the trustee had not complied with that direction, the trustee shall be deemed to have been directed by the Commission under section 156 (2) of the Code to apply to the Court for an order under section 156 (4) of the Code.
(10) A declaration by the Minister under section 74F (8) of the Act and in force immediately before the commencement of this Act shall be deemed to be a declaration made by the Commission under section 158 (10) of the Code.
(11) An order under section 74F (9) of the Act and in force immediately before the commencement of this Act shall be deemed to be a notice published by the Commission under section 158 (11) (a) of the Code.
(12) A direction under section 84 (3) of the Act and in force immediately before the commencement of this Act shall be deemed to be a direction given by the Commission under section 172 (5) of the Code.
(13) Where –
(a) a company had been exempted by notice under section 88 of the Act from complying, in relation to an interest or class of interests specified in the notice, with all or any of the provisions of Division V of Part IV of the Act; and
(b) that exemption was in force immediately before the commencement of this Act –
that company is, subject to such terms and conditions (if any) as were specified in that notice, deemed to have been exempted from complying, in relation to that interest or class of interests, with the provisions of Division 6 of Part IV of the Code that correspond with the provisions specified in that notice and, for the purposes of section 176 of the Code, the notice shall be deemed to have been a notice published in the Gazette under section 176 (1).
(14) An order under section 160 (2) of the Act and in force immediately before the commencement of this Act shall be deemed to be an order made by the Commission published under section 265 (2) of the Code requiring the company to comply with the provisions of Division 5 of Part V of the Code and of the regulations made for the purposes of that Division that correspond with the provisions of the Act specified in the order.
(15) An order under section 161A of the Act and in force immediately before the commencement of this Act shall be deemed to be an order made by the Commission under section 273 (1) of the Code relieving the directors of the company named in the order from compliance with the requirements of the Code that correspond with the requirements of the Act specified in the order and, where the order is subject to limitations, terms, or conditions, shall be deemed to be subject to those limitations, terms, or conditions.
(16) An order by the Governor under section 334 (2) of the Act and in force immediately before the commencement of this Act shall be deemed to be a declaration made by the Commission by order published in the Gazette under section 490 (3) of the Code.
(17) An order by the Governor under section 339 (b) of the Act and in force immediately before the commencement of this Act shall be deemed to be a declaration made by the Commission by order published in the Gazette under section 495 (2) of the Code.
(18) A declaration under section 348 (5) (b) or (c) of the Act and in force immediately before the commencement of this Act shall be deemed to be a declaration made by the Commission by order published in the Gazette under section 516 (7) (b) or (c), as the case may be, of the Code.
(19) Where –
(a) the Minister had given consent under section 353 (1) of the Act to the registration of a foreign company by a specified name; and
(b) the foreign company had not been registered by that name before the commencement of this Act –
the consent shall be deemed to be a consent given by the Ministerial Council under section 38 (2) of the Code.
(20) Where –
(a) the Minister had given consent under section 353 (2) of the Act to the registration of a change in the name of a foreign company to a specified new name; and
(b) the change of name had not been registered before the commencement of this Act –
the consent shall be deemed to be a consent to the reservation or registration of that name in respect of that foreign company given by the Ministerial Council under section 38 (2) of the Code.
(21) Where –
(a) under section 374 (2) of the Act, a corporation had been exempted from the provisions of section 374 (1) of the Act; and
(b) that exemption was in force immediately before the commencement of this Act –
that corporation shall be deemed to have been exempted by the Commission by instrument in writing published in the Gazette under section 552 (2) of the Code from the provisions of section 552 (1) of the Code .