Z Zoe Where to start with an Australian legal problem: plain-English guides, with the legislation and case law behind them.
Section 60 - Corporations (Tasmania) Act 1990 - Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Tasmania | Zoe
Home / Legislation / Corporations (Tasmania) Act 1990 / 60 TAS In Force Act
Corporations (Tasmania) Act 1990
60Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Tasmania Start here
Get a plain-English read of 60 Turn the raw legal text into a practical explanation grounded in Corporations (Tasmania) Act 1990.
Explain section 60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Tasmania
(1) [Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] [Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] *[Section 60 Subsection (1) amended by No. 33 of 1995, s. 18 ]*In this Part, and in the ASIC Law, and the ASIC Regulations, of Tasmania –
[Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] Advisory Committee means the Companies and Securities Advisory Committee established by section 145 of the ASIC Act;
[Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] affairs , in relation to a body corporate, has the same meaning as in section 246AA of the Corporations Law ;
assist , in relation to a Commission delegate, means –
(a) to perform functions –
(i) as a member, officer or employee of the Commission delegate; and
(ii) [Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law; or
(b) [Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] to perform services for the Commission delegate in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law;
includes any external Territory to which the ASIC Act extends;
Previous section 59 Application of regulations
Next section 61 Giving information
[Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000]
Australia
contravention , in relation to a law, includes an ancillary offence relating to an offence against that law;
Deputy Chairperson means the Deputy Chairperson of the Commission;
eligible person , in relation to a person, means a person who –
(a) if the first-mentioned person is a body corporate – is or has been an officer of the body within the meaning of a national scheme law or a corresponding previous law; or
(b) in any case –
(i) [Section 60 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] is or has been an employee, agent, banker, Australian legal practitioner or auditor of; or
(ii) is acting, or has acted, in any other capacity on behalf of –
the first-mentioned person;
fail means refuse or fail;
information has a meaning affected by section 61 of this Act;
investigate , in relation to the Commission, means investigate in the course of performing or exercising any of the Commission's functions and powers;
member means –
(a) [Section 60 Subsection (1) amended by No. 74 of 1999, Sched. 1, Applied:01 Jan 2000] except in Division 2 of Part 4, or in Part 10, 11, or 14, of the ASIC Law, or in relation to a Division of the Commission, or in relation to the Panel or the Disciplinary Board – a member of the Commission;
(b) in Part 10 of that Law or in relation to the Panel – a member of the Panel;
(c) in Part 11 of that Law or in relation to the Disciplinary Board – the Chairperson or any other member of the Disciplinary Board;
officer , in relation to a body corporate, includes –
(a) a director, secretary, executive officer or employee of the body;
(b) a receiver, or a receiver and manager, of property of the body;
(c) an administrator of the body or an administrator of a deed of company arrangement executed by the body;
(d) a liquidator, or a provisional liquidator, of the body; and
(e) a trustee or other person administering a compromise or arrangement made between the body and any other person or persons;
power includes an authority;
President means the President of the Panel;
proceeding means –
(a) a proceeding in a court; or
(b) a proceeding or hearing before, or an examination by or before, a tribunal –
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action and money;
report includes an interim report;
statement , in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination;
this jurisdiction means Tasmania;
this Law includes the regulations;
tribunal means –
(a) a tribunal in Australia; or
(b) any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;
written record , in relation to an examination, means –
(a) a record of the examination –
(i) that is made in writing; or
(ii) as reduced to writing; or
(b) a part of such a record.