25Regulations

#### 25 Regulations 25 Regulations > > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. > > > (2) Without limiting subsection (1), the regulations may provide that certain provisions of Part 2 are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified. > > > (3) Without limiting subsection (1), the regulations may: > > > > > (a) declare a matter to be an excluded matter for the purposes of section 5F of the new Corporations Act in relation to: > > > > > > > (i) the whole of the Corporations legislation to which Part 1.1A of that Act applies, or > > > > > > > (ii) a specified provision of that legislation, or > > > > > > > (iii) that legislation other than a specified provision, or > > > > > > > (iv) that legislation otherwise than to a specified extent, > > > > > (b) declare a provision of a law of the State, or a provision of a law of the State as amended as specified in the regulations, to be a Corporations legislation displacement provision for the purposes of section 5G of the new Corporations Act (either generally or specifically in relation to a provision of the Corporations legislation to which Part 1.1A of that Act applies). > > > (4) Without limiting subsection (1), the regulations may make provision for or with respect to enabling jurisdiction conferred by or under the old corporations legislation or the old ASIC legislation or a previous State corporations law to be exercised by a court of the State, or confirming that such jurisdiction is exercisable by a court of the State, including (without limitation) provisions for or with respect to: > > > > > (a) conferring jurisdiction on courts of the State, and > > > > > (b) the construction of references in the old corporations legislation or the old ASIC legislation or a previous State corporations law to Commonwealth authorities and officers, and > > > > > (c) the disapplication of provisions of the old corporations legislation or the old ASIC legislation or a previous State corporations law, including provisions that contemplate the administration or enforcement of laws as if they were Commonwealth laws or that contemplate offences and other matters as being offences against and matters under Commonwealth laws, and > > > > > (d) the treatment of offences arising under the old corporations legislation or the old ASIC legislation or a previous State corporations law (including the specification of penalties), and > > > > > (e) prescribing modifications of the old corporations legislation or the old ASIC legislation or a previous State corporations law, and > > > > > (f) associated, procedural and consequential matters. > > > (5) Without limiting subsection (1), the regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the old corporations legislation or a previous State corporations law to the application of provisions of the new corporations legislation or the new ASIC legislation. > > > (6) Any provision of the regulations may be expressed to take effect from a time that is earlier than the date on which it is published in the Gazette, not being a time earlier than immediately before the relevant time or, in the case of regulations made under section 22 (2) (f) or 22A, the time when the amending Act (or the relevant provision of that Act) comes into operation or is taken to come into operation. > > > (7) To the extent to which a provision of a regulation takes effect from a time that is earlier than the date on which it is published in the Gazette, the provision does not operate so as: > > > > > (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 its publication, or > > > > > (b) to impose liabilities 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 its publication. > > > (8) The regulations have effect despite anything to the contrary in Part 2. > > > (9) In this section, matters of a transitional nature includes matters of an application or savings nature. > > **s 25:** Am 2002 No 26, Sch 1 \[3\].