Div 6Miscellaneous

Division 6—Miscellaneous 72—Acting appointments Where a person is appointed under the ASIC act to act in a particular office, the law of this jurisdiction applies in relation to that person while acting in that office as if the person were the holder of the office. 73—Alteration of names and constitutions (1) Where— (a) the name of a body established by the ASIC Act is changed by law (whether or not the body is incorporated); or (b) the name of an office established by that Act is changed by law, then, unless the contrary intention appears, a reference in— (c) any Act of this jurisdiction; or (d) any instrument under such an Act; or (e) any award or other industrial determination or order or any industrial agreement; or (f) any other order (whether executive, judicial or otherwise); or (g) any contract; or (h) any pleading in, or process issued in connection with, any legal or other proceeding; or (i) any other instrument, to the body or the office under the former name, except in relation to matters that occurred before that change took place, is taken as a reference to the body or the office under the new name. (2) Where the constitution of a body established by the ASIC Act is changed by law (whether or not the body is incorporated), then, unless the contrary intention appears, the alteration does not affect any functions or powers conferred or expressed to be conferred on that body by a national scheme law of this jurisdiction. 74—Application of Commonwealth Crimes Act (1) For the purposes of Part 3 of the ASIC Law of South Australia, Part 3 of the Crimes Act 1914 of the Commonwealth applies as a law of South Australia. (2) For the purposes of Part 3 of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1), an examination or a hearing is a judicial proceeding. (3) For the purposes of a national scheme law of South Australia— (a) an offence under Part 3 of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1) in relation to an examination or hearing, is taken to be an offence against Part 3 of the ASIC Law of South Australia; and (b) an offence under Part 3 of the Crimes Act 1914 of the Commonwealth as applying, in relation to an examination or hearing held under the ASIC Law of another jurisdiction, as a law of that jurisdiction is taken to be an offence against Part 3 of the ASIC Law of that jurisdiction. 75—Application of Commonwealth Evidence Act (1) For the purposes of Part 3 of the ASIC Law of South Australia, the following provisions of the Evidence Act 1995 of the Commonwealth apply as a law of South Australia: Part 2.2—Documents Section 69—Exception: business records Section 70—Exception: contents of tags, labels and writing Section 71—Exception: telecommunications Section 147—Documents produced by processes, machines and other devices in the course of business Division 2 of Part 4.6—Proof of certain matters by affidavits or written statements. (2) Those provisions of the Evidence Act 1995 of the Commonwealth apply to an examination in the same way as they apply to a proceeding to which that Act applies under section 4 of that Act. Part 12—General Division 1—Arrangements 76—Definition In this Division— relevant State law means— (a) a law of the State concerning the management or affairs of a body corporate; or (b) a law of the State concerning fraud or dishonesty; or (c) any other law of the State, other than a co-operative scheme law. 77—Arrangements relating to applicable provisions (1) Where an arrangement between the Minister and the Commonwealth Minister provides— (a) that an authority or officer of the Commonwealth has certain functions or powers under a relevant State law; or (b) that, despite section 33 or 39, an authority or officer of the State has certain functions or powers under an applicable provision of this jurisdiction, those functions or powers are conferred on that authority or officer. (2) Functions and powers conferred under an arrangement under subsection (1) are to be performed and exercised in accordance with the arrangement but are to be taken to have been validly performed or exercised despite any failure to comply with any condition or restriction under the arrangement. 78—Notice of arrangement Notice of each arrangement under section 77 must be published in the Gazette and in the Commonwealth of Australia Gazette within 21 days after it is made. Division 2—Penalties and fines 79—Application of penalties and fines All fines, penalties and other money (other than fees and taxes) which, under and by virtue of the applicable provisions of South Australia, are authorised or directed to be imposed on any person must be paid to the Commonwealth. Division 3—Regulations 80—Regulations (1) The Governor may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, being provisions not inconsistent with the national scheme laws of this jurisdiction. (3) Any such provision may, if the regulations so provide, take effect on the date of commencement of this section or a later date. (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication 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 that publication; or (b) to impose a liability 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 that publication. (5) Regulations containing provisions of a kind referred to in subsection (2) cease to have effect on the first anniversary of the day on which this section comes into operation. (6) Where regulations cease to have effect because of subsection (5), section 12 of Acts Interpretation Act 1915 applies as if the regulations had been disallowed by the Parliament.