268BEffect of decisions and orders made in federal corporations proceedings before commencement

#### 268B Effect of decisions and orders made in federal corporations proceedings before commencement (1) For the avoidance of doubt, if: (a) a proceeding was started in a court before the commencement; and (b) the proceeding was a federal ASIC proceeding that related to matter to which a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory applied; and (c) a decision was made or an order given in the proceeding before the commencement; the decision or order continues to have effect after the commencement despite the provision of the old ASIC legislation ceasing to have effect. (2) This section does not limit the operation of section 268 in relation to the decision or order. 6 Subsection 271(4) (after paragraph (a) of the definition of non‑federal proceeding) Insert: (aa) a proceeding in relation to which paragraphs 1383(1)(a), (b) and (d) of the Corporations Act 2001 are satisfied but paragraph 1383(1)(e) of that Act is not satisfied; 7 Subsection 271(4) (after subparagraph (b)(i) of the definition of non‑federal proceeding) Insert: (ia) under a provision of the old corporations legislation of a State or Territory in this jurisdiction; or 8 Subsection 271(4) (at the end of paragraph (b) of the definition of non‑federal proceeding) Add: (iii) brought as, or connected with, a prosecution for an offence against a provision of the old corporations legislation of a State or Territory in this jurisdiction; or 9 Subsection 271(4) (paragraph (c) of the definition of non‑federal proceeding) After “paragraph (a)”, insert “or (aa)”. 10 Subsection 272(1) Omit “that is a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980”, substitute “that was a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 as in force immediately before the commencement”. 11 Subsection 272(2) Omit “that is a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980”, substitute “that was a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 as in force immediately before the commencement”. Corporations Act 2001 12 Subsection 9(1) (definition of person) Repeal the definition, substitute: > person, when used in Division 2 of Part 2D.2 (sections 200A to 200J), includes a superannuation fund. 13 At the end of Part 7.1A Add: