12References to companies incorporated in a State or Territory

#### 12 References to companies incorporated in a State or Territory 12 References to companies incorporated in a State or Territory > > (1) Unless the contrary intention appears and subject to subsections (2) and (4), a reference (however expressed) 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) a company (within the meaning of the Corporations Law of New South Wales or of another State or a Territory) incorporated in New South Wales or that other State or that Territory, or > > > > > (b) a company that is incorporated under the Corporations Law of New South Wales or of another State or a Territory, or > > > > > (c) a company that is registered or taken to be registered under the Corporations Law of New South Wales or of another State or a Territory, or > > > > > (d) a body that is taken to be registered as a company under the Corporations Law of New South Wales or of another State or a Territory, > > > > is taken, after the relevant time, to be a reference to a company that, under section 119A or 1378 (4) of the new Corporations Act, is taken to be registered in New South Wales or that other State or that Territory, as the case requires. > > > (2) Unless the contrary intention appears and subject to subsection (4), a reference (however expressed) 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 foreign company (within the meaning of the Corporations Law of New South Wales or of another State or a Territory) is taken, after the relevant time, to be a reference to a foreign company within the meaning of the new Corporations Act. > > > (3) Unless the contrary intention appears and subject to subsection (4), a reference (however expressed) 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 the jurisdiction of incorporation of a corporation, being a company registered or taken to be registered under the Corporations Law of New South Wales or of another State or a Territory, is taken, after the relevant time, to be a reference to the State or Territory in which the corporation is taken to be registered under section 119A or 1378 (4) of the new Corporations Act. > > > (4) The regulations may do either or both of the following: > > > > > (a) provide that subsection (1), (2) or (3) does not apply in relation to prescribed references, or references of a prescribed kind: > > > > > > > (i) in prescribed Acts or instruments made under Acts, or > > > > > > > (ii) in prescribed laws applying as laws of the State by force of an Act, or > > > > > > > (iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind, > > > > > (b) provide that subsection (1), (2) or (3) applies in relation to prescribed references, or references of a prescribed kind, > > > > > > > (i) in prescribed Acts or instruments made under Acts, or > > > > > > > (ii) in prescribed laws applying as laws of the State by force of an Act, or > > > > > > > (iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind, > > > > > > as if, in that subsection, the words “to include a reference” were substituted for the words “to be a reference”.