36Application of provisions of the Companies Code

36 Application of provisions of the Companies Code

36 Application of provisions of the Companies Code

(1) Provisions of the Companies (New South Wales) Code that apply to or in respect of the Trust under a provision of this Act apply subject to any modifications prescribed by the regulations under this Act.

(2) References in this Act to provisions of the Companies (New South Wales) Code include references to any regulations in force under those provisions.

(3) It is declared that the provisions of this Act that refer to, or apply to a matter, provisions of the Companies (New South Wales) Code have effect (and are taken at all times on or after their commencement to have had effect) according to their tenor and despite any provision of the Corporations (New South Wales) Act 1990 or the applicable provisions (as defined in that Act) of the State.

(4) The regulations may declare a matter that is dealt with by this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to—

(a) the whole of the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies, or

(b) a specified provision of that legislation, or

(c) that legislation other than a specified provision, or

(d) that legislation otherwise than to a specified extent.

Note—

Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.

(5) In this section—

matter includes act, omission, body, person or thing.

s 36: Am 2001 No 34, Sch 2.39 [2].