CORPORATIONS (NORTHERN TERRITORY) ACT (Repealed)

NOTE: THIS VERSION INCLUDES THE AMENDMENTS MADE BY ACT NO. 45 OF 2000 THAT COMMENCED ON 1 DECEMBER 2000 AND THE AMENDMENTS MADE BY ACT NO. 20 OF 2001 THAT COMMENCED RETROSPECTIVELY ON 24 NOVEMBER 2000.

This reprint shows the Act as in force at 1 December 2000. Any amendments that commence after that date are not included.

An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of the Northern Territory and for other purposes

(a) to apply certain provisions of the Corporations Act 1989 of the Commonwealth and the Australian Securities and Investment Commission Act 1989 of the Commonwealth and of regulations under those Acts as laws of the Northern Territory; and

(b) to apply certain other laws of the Commonwealth as laws of the Northern Territory for the purpose of the administration and enforcement of the law relating to corporations, the securities industry, the futures industry and some other matters.

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

applicable provision, in relation to a jurisdiction, means a provision of:

(c) in the case of the Capital Territory – a Commonwealth law as applying, of its own force or because of another Commonwealth law, in relation to:

a provision that, because of any other application or applications of this definition, is an applicable provision of the Capital Territory or any other jurisdiction; or

(d) in the case of a jurisdiction other than the Capital Territory – a Commonwealth law as applying, because of a law of that jurisdiction, in relation to:

a provision that, because of any other application or applications of this definition, is an applicable provision of that or any other jurisdiction.

ASIC Act means the Australian Securities and Investment Commission Act 1989 of the Commonwealth.

ASIC Law of the Northern Territory means the provisions applying by reason of section 58.

ASIC Regulations of the Northern Territory means the provisions applying by reason of section 59.

authority, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act.

Capital Territory means the Australian Capital Territory and the Jervis Bay Territory.

Commission means the Australian Securities and Investment Commission established by the ASIC Act.

(b) the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth;

Commonwealth law means any of the written or unwritten laws of the Commonwealth, including laws about the exercise of prerogative powers, rights and privileges, other than the Corporations Law of the Capital Territory, the ASIC Law of the Capital Territory or provisions prescribed, for the purposes of the definition of "Commonwealth law" in section 4 of the Corporations Act, by regulations under section 73 of the Corporations Act.

Commonwealth Minister has the meaning given to the Minister by section 80A(2) of the Corporations Law.

Corporations Law of the Northern Territory means the provisions applying by reason of section 7.

Corporations Regulations of the Northern Territory means the provisions applying by reason of section 8.

(a) an Act of a jurisdiction (other than the Northern Territory) that corresponds to this Act;

(c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or

Full Court, in relation to the Supreme Court of the Northern Territory or a Supreme Court of a State or another Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court.

jurisdiction means the Northern Territory, a State or the Capital Territory.

law, in relation to the Capital Territory, means a law of or in force in the Capital Territory.

officer, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act.

State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a Proclamation made under section 41(2) of that Act.

For the purposes of the national scheme laws of this jurisdiction, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.

(1) An Act enacted, or an instrument made under an Act, after the commencement of this section is not to be interpreted as amending or repealing, or otherwise altering the effect or operation of, this Act or the applicable provisions of the Northern Territory.

(2) Subsection (1) does not affect the interpretation of an Act, or of an instrument made under an Act, so far as that Act provides expressly for that Act or instrument, as the case may be, to have effect despite a specified provision, or despite any provision, of this Act or the applicable provisions of the Northern Territory.

Except as otherwise provided in this Act, nothing in this Act or the applicable provisions of the Northern Territory affects the operation after the commencement of this section of an Act enacted before that commencement or of an instrument made under such an Act.

Part 2 The Corporations Law, and the Corporations Regulations, of the Northern Territory

The Corporations Law set out in section 82 of the Corporations Act as in force for the time being:

(b) as so applying, may be referred to as the Corporations Law of the Northern Territory.

(1) The regulations in force for the time being under section 22 of the Corporations Act:

(a) apply as regulations in force for the purposes of the Corporations Law of the Northern Territory; and

(b) as so applying, may be referred to as the Corporations Regulations of the Northern Territory.

(2) Subject to subsection (3), where regulations under section 22 of the Corporations Act take effect from a specified day that is earlier than the day when they are notified in the Commonwealth of Australia Gazette under section 48(1) of the Acts Interpretation Act 1901 of the Commonwealth, subsection (1) has effect, and is taken always to have had effect, as if those regulations had taken effect under the Corporations Act from the specified day.

(3) To the extent that a provision of the Corporations Regulations of the Northern Territory is taken because of a particular application of subsection (2) to have effect, or to have had effect, before the day of notification of the regulations referred to in that subsection, the provision does not operate so as to:

(a) affect a private person's rights as at that day so as to disadvantage that person; or

(b) impose a liability on a private person in respect of anything done or omitted to be done before that day.

(a) the Commonwealth, the Northern Territory, a State or the Capital Territory; or

(b) an authority of the Commonwealth, the Northern Territory, a State or the Capital Territory.

(5) Subsection (3) does not affect any other operation that the provision has because of subsection (2) or otherwise.

In the Corporations Law, and the Corporations Regulations, of the Northern Territory:

(1) Subject to Part 1.2 of the Corporations Law of the Northern Territory, the Acts Interpretation Act 1901 of the Commonwealth as in force at the commencement of section 8 of the Corporations Act, applies as a law of the Northern Territory in relation to the Corporations Law, and the Corporations Regulations, of the Northern Territory and any instrument made, granted or issued under that Law or those Regulations (other than application orders under section 111A of that Law) and so applies as if that Law were an Act of the Commonwealth and those Regulations or instruments were regulations or instruments made under such an Act.

(2) The Interpretation Act does not apply to or in relation to the Corporations Law, or the Corporations Regulations, of the Northern Territory or an application order or any other instrument made, granted or issued under that Law or those Regulations.

(1) The Corporations Law of the Northern Territory may be referred to simply as the Corporations Law.

(2) The Corporations Regulations of the Northern Territory may be referred to simply as the Corporations Regulations.

(1) This section has effect for the purposes of an Act, a law of the Northern Territory or an instrument made under an Act or under such a law.

(2) Where a law of a jurisdiction other than the Northern Territory that corresponds to section 7 provides that the Corporations Law set out in section 82 of the Corporations Act as in force for the time being applies as law of that jurisdiction, the Corporations Law of that jurisdiction is the Corporations Law so set out, applying as law of that jurisdiction.

(3) Where a law of a jurisdiction other than the Northern Territory that corresponds to section 8 provides that the regulations in force for the time being under section 22 of the Corporations Act apply for the purposes of the Corporations Law of that jurisdiction, the Corporations Regulations of that jurisdiction are those regulations as so applying.

(1) The object of this section is to help ensure that the Corporations Law of the Northern Territory operates, so far as possible, as if that Law, together with the Corporations Law of each jurisdiction other than the Northern Territory, constituted a single national Corporations Law applying of its own force throughout Australia.

(2) Subject to this section, a reference in an instrument to the Corporations Law, or to the Corporations Regulations, is to be taken, for the purposes of the laws of the Northern Territory:

(a) to be a reference to the Corporations Law, or to the Corporations Regulations, of the Northern Territory; and

(b) to include a separate reference to the Corporations Law, or to the Corporations Regulations, of each jurisdiction other than the Northern Territory.

(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires.

(4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the Corporations Law, or to the Corporations Regulations, of a jurisdiction.

(g) an application made, information laid, affidavit sworn, or warrant issued, for any purpose;

(j) any other pleading in, or process issued in connection with, a legal or other proceeding; or

To avoid doubt, a reference in this Part to the Crown in a particular right includes a reference to an instrumentality or agency (whether a body corporate or not) of the Crown in that right.

(1) Chapter 5 (except Part 5.8) of the Corporations Law of the Northern Territory binds the Crown not only in right of the Northern Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in right of the Commonwealth, each of the States, the Capital Territory and Norfolk Island.

(1A) Chapters 6, 6A, 6B, 6C and 6D of the Corporations Law of Northern Territory:

(a) bind the Crown in right of the Commonwealth in so far as the legislative power of the Legislative Assembly permits; and

(b) do not bind the Crown in right of the Northern Territory, any State, the Capital Territory or Norfolk Island.

(2) To avoid doubt, Chapter 7 of the Corporations Law of the Northern Territory does not bind the Crown in right of the Northern Territory, the Commonwealth, any State, the Capital Territory or Norfolk Island.

Chapter 5 (except Part 5.8) of the Corporations Law of each jurisdiction other than the Northern Territory binds the Crown in right of the Northern Territory.

Nothing in this Part, or in the Corporations Law, renders the Crown in any right liable to be prosecuted for an offence.

Where, because of this Part, a provision of a law of another jurisdiction binds the Crown in right of the Northern Territory, the Crown in that right is subject to that provision despite any prerogative right or privilege.

Despite Part 1.3 of the Corporations Law of the Northern Territory and section 20, the Commonwealth Minister may only make an order under section 111A of that Law, or that section as applying because of section 20, with the consent of the Minister for this jurisdiction.

Part 1.3 of the Corporations Law of the Northern Territory applies for the purposes of the ASIC Law of the Northern Territory as if the provisions of the ASIC Law of the Northern Territory were provisions of the Corporations Law of the Northern Territory.

Subject to the Corporations Law, and the Corporations Regulations, of the Northern Territory, the instruments in force for the time being under section 32 of the Corporations Act also have effect for the purposes of Parts 3.6 and 3.7 of that Law.

This section imposes the fees (including fees that are taxes) that the Corporations Regulations of the Northern Territory prescribe.

(a) the contribution payable under section 902(1) of the Corporations Law of the Northern Territory by a person who wishes to be admitted to membership of a securities exchange, or to a partnership in a member firm recognised by a securities exchange;

(b) the annual contribution payable under section 902(2) of that Law by a member of a securities exchange; and

(2) An expression has in subsection (1) the meaning it would have if this section were in Part 7.9 of the Corporations Law of the Northern Territory.

This section imposes any levy that is payable under section 938, 940 or 941 of the Corporations Law of the Northern Territory.

(a) the contribution payable under section 1234(1) of the Corporations Law of the Northern Territory by a person who wishes to be admitted to membership of a futures organisation;

(b) the annual contribution payable under section 1234(2) of that Law by a contributing member of a futures organisation; and

(2) An expression has in subsection (1) the meaning it would have if this section were in Part 8.6 of the Corporations Law of the Northern Territory.

(a) the Corporations Law of the Northern Territory, and the Corporations Law of each jurisdiction other than the Northern Territory, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth; and

(b) the ASIC Law of the Northern Territory, and the ASIC Law of each jurisdiction other than the Northern Territory, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth.

(1) This Part has effect subject to this Act (in particular Part 9), the Corporations Law of the Northern Territory and the ASIC Law of the Northern Territory.

(1) The object of this Division is to further the object of this Part by providing:

(a) for an offence against an applicable provision of the Northern Territory to be treated as if it were an offence against a law of the Common-wealth; and

(b) for an offence against an applicable provision of another jurisdiction to be treated in the Northern Territory as if it were an offence against a law of the Commonwealth.

(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation):

(b) the arrest, custody, bail, trial, finding of guilt and conviction of offenders or persons charged with offences;

(d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c);

(1) The Commonwealth laws apply as laws of the Northern Territory in relation to an offence against the applicable provisions of the Northern Territory as if those provisions were laws of the Commonwealth and were not laws of the Northern Territory.

(2) For the purposes of a law of the Northern Territory, an offence against the applicable provisions of the Northern Territory:

(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and

(3) Subsection (2) has effect for the purposes of a law of the Northern Territory except as prescribed by regulations under section 80.

(1) The Commonwealth laws apply as laws of the Northern Territory in relation to an offence against the applicable pro-visions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that other jurisdiction.

(2) For the purposes of a law of the Northern Territory, an offence against the applicable provisions of another jurisdiction:

(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and

(3) Subsection (2) has effect for the purposes of a law of the Northern Territory except as prescribed by regulations under section 80.

(4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside the Northern Territory.

(1) A Commonwealth law applying because of section 30 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against the applicable provisions of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of the Northern Territory.

(2) A Commonwealth law applying because of section 31 that confers on an officer or authority of the Common-wealth a function or power in relation to an offence against an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of another jurisdiction.

(3) The function or power referred to in subsection (2) may only be performed or exercised in the Northern Territory.

(4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding applicable provision of the Capital Territory.

A reference in a Commonwealth law to a provision of that or another Commonwealth law is taken, for the purposes of section 29 or 30, to be a reference to that provision as applying because of that section.

Where, by reason of this Division, a function or power is conferred on an officer or authority of the Commonwealth, that function or power may not be performed or exercised by an officer or authority of the Northern Territory.

The object of this Division is to further the object of this Part by providing that the Commonwealth administrative laws:

(b) apply, in the Northern Territory, to the applicable provisions of another jurisdiction,

(1) The Commonwealth administrative laws apply as laws of the Northern Territory in relation to any act, matter or thing arising under or in respect of the applicable provisions of the Northern Territory as if those provisions were laws of the Commonwealth and were not laws of the Northern Territory.

(2) For the purposes of a law of the Northern Territory, an act, matter or thing arising under or in respect of the applicable provisions of the Northern Territory:

(a) is taken to be an act, matter or thing arising under or in respect of the laws of the Common-wealth, in the same way as if those provisions were laws of the Commonwealth; and

(b) is taken not to be an act, matter or thing arising under or in respect of the laws of the Northern Territory.

(3) Subsection (2) has effect for the purposes of a law of the Northern Territory except as prescribed by regulations under section 80.

(1) The Commonwealth administrative laws apply as laws of the Northern Territory in relation to any act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that jurisdiction.

(2) For the purposes of a law of the Northern Territory, an act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction:

(a) is taken to be an act, matter or thing arising under or in respect of the laws of the Common-wealth, in the same way as if those provisions were laws of the Commonwealth; and

(b) is taken not to be an act, matter or thing arising under or in respect of the laws of that juris-diction.

(3) Subsection (2) has effect for the purposes of a law of the Northern Territory except as prescribed by regulations under section 80.

(4) This section does not require, prohibit, empower, authorise or otherwise provide for the doing of an act outside the Northern Territory.

(1) A Commonwealth administrative law applying because of section 35 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of the Northern Territory.

(2) A Commonwealth administrative law applying because of section 36 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of another jurisdiction.

(3) The function or power referred to in subsection (2) may only be performed or exercised in the Northern Territory.

(4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of the Capital Territory.

A reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken for the purposes of section 35 or 36, to be a reference to that provision as applying because of that section.

(1) Where, by reason of this Division, a function or power is conferred on an officer or authority of the Commonwealth, that function or power may not be performed or exercised by an officer or authority of the Northern Territory.

(a) the jurisdiction of courts in respect of civil matters arising under the Corporations Law of the Northern Territory; and

(b) the jurisdiction of the courts of the Northern Territory in respect of civil matters arising under the Corporations Law of a State or the Capital Territory,

and so provides to the exclusion of the Jurisdiction of Courts (Cross-vesting) Act.

judgment means a judgment, decree or order, whether final or interlocutory.

lower court means a court of a State or Territory that is not a superior court.

superior court means the Federal Court of Australia, the Supreme Court of a State or Territory, the Family Court or a State Family Court.

superior court matter means a civil matter that the Corporations Law clearly intends (for example, by use of the expression "the Court") to be dealt with only by a superior court.

(a) a reference to the Corporations Law of the Northern Territory includes a reference to:

(iv) any other applicable provisions (as defined in section 3) of the Northern Territory;

(vii) rules of court made by the Supreme Court of the Northern Territory because of a provision of this Act;

(viii) rules of court applied by the Federal Court, or the Family Court, because of a provision of this Act; and

(ix) rules of court applied by the Supreme Court of a State, or of the Capital Territory, or a State Family Court, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and

(b) a reference to the Corporations Law of a State or of the Capital Territory is a reference to the Corporations Law of that State or of the Capital Territory within the meaning of the law of that State or the Capital Territory corresponding to this Division.

(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, as it applies as a law of the Northern Territory, juris-diction is conferred on the Supreme Court of the Northern Territory and of each State and the Capital Territory with respect to civil matters arising under the Corporations Law of the Northern Territory.

(2) The jurisdiction conferred on a Supreme Court by subsection (1) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.

(3) Jurisdiction is conferred on the Federal Court with respect to civil matters arising under the Corporations Law of the Northern Territory.

(1) Jurisdiction is conferred on the Family Court with respect to civil matters arising under the Corporations Law of the Northern Territory.

(2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, as it applies as a law of the Northern Territory, juris-diction is conferred on each State Family Court with respect to civil matters arising under the Corporations Law of the Northern Territory.

(3) The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject.

(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, as it applies as a law of the Northern Territory, jurisdiction is conferred on the lower courts of the Northern Territory and of each State and the Capital Territory with respect to civil matters, other than superior court matters, arising under the Corporations Law of the Northern Territory.

(a) subject to the court’s general jurisdictional limits, so far as they relate to the amounts, or the value of property, with which the court may deal; but

(1) An appeal may not be instituted from a decision of a court of the Northern Territory to a court of a State or of the Capital Territory or to the Federal Court or to the Family Court.

(2) An appeal may not be instituted from a decision of the Federal Court to a court of the Northern Territory, a State or the Capital Territory or to the Family Court.

(3) An appeal may not be instituted from a decision of the Family Court to a court of the Northern Territory, a State or the Capital Territory or to the Federal Court.

(4) An appeal may not be instituted from a decision of a court (not being a State Family Court) of another State to the Federal Court, to the Family Court, to a State Family Court of that State or to a court of a different State or of the Capital Territory.

(5) An appeal may not be instituted from a decision of a court of the Capital Territory to a court of the Northern Territory or a State or to the Family Court.

(6) An appeal may not be instituted from a decision of a State Family Court to the Federal Court, to a court of the Northern Territory, a State or the Capital Territory or (except in accordance with the law of the State under which the State Family Court is constituted) to the Supreme Court of that State.

(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of the Northern Territory in a court having jurisdiction under section 42.

(2) Where it appears to the court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court having jurisdiction in the matters for determination in the proceeding or application, the first-mentioned court may transfer the proceeding or application to that other court.

(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of the Northern Territory in a court (in this section called the first court) having jurisdiction under section 42A.

(a) the proceeding arises out of, or is related to, another proceeding pending in the Federal Court, or in another court of the Northern Territory, a State or the Capital Territory, and that the court in which the other proceeding is pending is the most appropriate court to determine the first-mentioned proceeding;

(i) whether, in the first court's opinion, apart from this Division or a law of a State or the Capital Territory corresponding to this Division, the proceeding, or a substantial part of it, would have been incapable of being instituted in the first court;

(ii) the extent to which, in the first court's opinion, the matters for determination in the proceeding are matters not within the first court's jurisdiction apart from this Division or such a law; and

the Federal Court, or another court of the Northern Territory, a State or of the Capital Territory, is the most appropriate court to determine the proceeding; or

(c) it is otherwise in the interests of justice that the Federal Court, or another court of a State or of the Capital Territory, determine the proceeding:

the first court must transfer the proceeding to the Federal Court, or to that other court, as the case may be.

(a) the proceeding arises out of, or is related to, another proceeding pending in another court having jurisdiction under section 42A in the matters for determination in the first-mentioned proceeding, and that the other court is the most appropriate court to determine the first-mentioned proceeding; or

(b) it is otherwise in the interests of justice that the proceeding be determined by another court having jurisdiction under section 42A in the matters for determination in the proceeding,

(i) there is another proceeding pending in the first court that arises out of, or is related to, the first-mentioned proceeding; and

(ii) it is in the interests of justice that the other court also determine the other proceeding,

(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of the Northern Territory in a lower court (the first court) having jurisdiction under section 42B.

(2) If it appears to the first court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court (the second court) having jurisdiction in the matters for determination in the proceedings or application, the first court may take action under whichever of subsections (3) and (4) applies.

(3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court.

(4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court.

(5) The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:

(b) to transfer the proceeding or application to some other court (which could be the first court).

(6) Nothing in this section allows the relevant Supreme Court to transfer the proceeding or application to another court otherwise than in accordance with section 44 and the other requirements of this Division.

(7) In this section, relevant Supreme Court means the Supreme Court of the State or Territory of which the first court is a court.

44B Further matters for a Court to consider when deciding whether to transfer a proceeding

In deciding whether to transfer under section 44, 44A or 44AA a proceeding or application, a court must have regard to:

(a) the principal place of business of any body corporate concerned in the proceeding or application;

(b) the place or places where the events that are the subject of the proceeding or application took place; and

Where, under section 44, 44A or 44AA, a court transfers a proceeding, or an application in a proceeding, to another court:

(a) the Registrar or other proper officer of the first-mentioned court must transmit to the Registrar or other proper officer of the other court all documents filed in the first-mentioned court in respect of the proceeding or application, as the case may be; and

(ii) the same proceedings had been taken in the other court as were taken in the first-mentioned court; and

(iii) in a case where an application is transferred, the application had been made in the other court.

(1) Subject to sections 51, 52 and 52A, where it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction the rules of evidence and procedure to be applied in dealing with the matter are to be such as the court considers appropriate in the circum-stances, being rules that are applied in a superior court in Australia or in an external Territory.

(2) Where a proceeding is transferred or removed to a court (in this subsection called the transferee court) from another court (in this subsection called the transferor court), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

(a) jurisdiction conferred on the Federal Court or the Family Court with respect to civil matters arising under the Corporations Law of the Northern Territory;

(b) jurisdiction conferred on the Federal Court or the Family Court with respect to civil matters arising under the Corporations Law of a State or the Capital Territory, being jurisdiction that is being exercised by the Federal Court or the Family Court, as the case may be, sitting in the Northern Territory;

(c) jurisdiction conferred on a court of the Northern Territory with respect to civil matters arising under the Corporations Law of a State or the Capital Territory; or

(d) jurisdiction conferred on a court of another State or the Capital Territory, with respect to civil matters arising under the Corporations Law of the Northern Territory.

All courts having jurisdiction in civil matters arising under the Corporations Law of the Northern Territory and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all such matters.

(a) exercise jurisdiction (whether original or appellate) conferred on it by a law of a State or the Capital Territory corresponding to this Division with respect to matters arising under the Corporations Law of that State or Territory; and

A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in a court has, if a proceeding (in this subsection referred to as the transferred proceeding) in that court is transferred to another court under this Division or a law of a State or the Capital Territory that corresponds to this Division, the same entitlements to practise in relation to:

(b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding,

in the other court that the person would have if the other court were a federal court exercising federal jurisdiction.

(b) as to which rules of evidence and procedure are to be applied pursuant to section 45(1).

(1) A judgment of the Federal Court, the Family Court or a court of the Northern Territory that is given, in whole or in part, in the exercise of jurisdiction conferred by this Division, or by a law of a State or the Capital Territory that corresponds to this Division, is enforceable in the Northern Territory as if the judgment had been given by that court entirely in the exercise of the jurisdiction of that court apart from this Division or any such law.

(a) a provision of a law of the Northern Territory (not being a law in relation to the enforcement of judgments) refers to a thing done by the Federal Court, the Family Court, the Supreme Court of the Northern Territory or of a State or of the Capital Territory a State Family Court or a particular lower court of the Northern Territory or of another State or the Capital Territory; and

(b) that thing is done by another court in the exercise of jurisdiction conferred by this Division or a law of a State or the Capital Territory corresponding to this Division,

the reference in that provision to the Federal Court, the Family Court, the Supreme Court of the Northern Territory or of the State or Territory, that State Family Court or that lower court, as the case may be, is taken as a reference to that other court.

(1) The Judges of the Supreme Court of the Northern Territory or a majority of them may make rules of court, not inconsistent with the Corporations Law of the Northern Territory:

(a) with respect to proceedings, and the practice and procedure, of that Court under that Law;

(i) required or permitted by that Law to be prescribed by rules within the meaning of that Law; or

(ii) necessary or convenient to be prescribed by such rules for carrying out or giving effect to that Law; and

(1A) When a lower court of the Northern Territory is exercising jurisdiction with respect to matters arising under the Corporations Law of the Northern Territory, the court shall apply the rules of court made under subsection (1), with such alterations as are necessary.

(2) When a court of the Northern Territory is exercising jurisdiction with respect to matters arising under the Corporations Law of a State or the Capital Territory, being jurisdiction conferred by a law of a State or the Capital Territory that corresponds to this Division, that court must apply the rules of court made under subsection (1), with such alterations as are necessary.

(3) When a court of a State or the Capital Territory is exercising jurisdiction with respect to matters arising under the Corporations Law of the Northern Territory, being jurisdiction conferred by this Division, that court must apply the rules of court made under the law of the State or Territory corresponding to subsection (1), with such alterations as are necessary.

Corporations Law of a State or the Capital Territory does not include rules of court.

Corporations Law of the Northern Territory does not include rules of court.

(1) When the Federal Court is exercising juris-diction with respect to matters arising under the Corporations Law of the Northern Territory, being jurisdiction conferred by this Division, that Court must apply the rules of court made because of section 60 of the Corporations Act, with such alterations as are necessary.

(2) In this section, Corporations Law of the Northern Territory does not include rules of court.

(1) When the Family Court is exercising juris-diction with respect to matters arising under the Corporations Law of the Northern Territory, being jurisdiction conferred by this Division, that Court must apply the rules of court made because of section 61A of the Corporations Act, with such alterations as are necessary.

(2) When a State Family Court is exercising juris-diction with respect to matters arising under the Corporations Law of the Northern Territory, being juris-diction conferred by this Division, that Court must apply the rules of court made under the law of the State corresponding in section 61A(1) of the Corporations Act, with such alterations as are necessary.

(3) In this section, Corporations Law of the Northern Territory does not include rules of court.

(a) the jurisdiction of courts in respect of criminal matters arising under the Corporations Law of the Northern Territory; and

(b) the jurisdiction of the courts of the Northern Territory in respect of criminal matters arising under the Corporations Law of any jurisdiction.

(1) In this Division, magistrate means a magistrate who is remunerated by salary or otherwise.

(a) a reference to the Corporations Law of the Northern Territory includes a reference to:

(iv) any other applicable provisions (as defined in section 3) of the Northern Territory;

(vii) rules of court made by the Supreme Court of the Northern Territory, and rules of court applied by the Federal Court because of a provision of this Act, and rules of court applied by the Supreme Court of a State, or of the Capital Territory, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and

(b) a reference to the Corporations Law of a State or of the Capital Territory is a reference to the Corporations Law of the State or of the Capital Territory within the meaning of the law of that State or the Capital Territory corresponding to this Division.

(1) Subject to this section, the several courts of each State and the Capital Territory exercising jurisdiction:

of offenders or persons charged with offences against the laws of the State or Capital Territory, and with respect to:

(iii) appeals arising out of proceedings connected with any such trial or conviction or finding or any matter of a kind referred to in paragraph (a)(iv), (v), (vi) or (vii),

have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations Law of the Northern Territory.

(2) Where a provision of a law of a State or the Capital Territory corresponding to subsection (1) is expressed to confer jurisdiction with respect to offenders or persons who are charged with offences against the Corporations Law of that State or the Capital Territory on a court of the Northern Territory, the court may exercise that jurisdiction.

(3) The jurisdiction conferred by subsection (1) is not to be exercised with respect to the summary conviction or finding of guilt, or examination and commitment for trial, of any person except by a magistrate.

(4) The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of a State or the Capital Territory, and:

(a) the reference in subsection (1)(b) to any such trial or conviction or finding of guilt includes a reference to any conviction, finding of guilt or sentencing in accordance with the provisions of a relevant law; and

(b) unless the contrary intention appears, a reference to jurisdiction conferred by subsection (1) includes a reference to such included jurisdiction.

(5) A person may be dealt with in accordance with a relevant law even if, apart from this section, the offence concerned:

(6) For the purposes of the application of a relevant law as provided by subsection (4):

(a) a reference in that law to an indictable offence is taken to include a reference to an offence that may be prosecuted on indictment; and

(b) in order to determine the sentence that may be imposed on a person by a court pursuant to the relevant law, the person is taken to have been prosecuted and found guilty on indictment in that court.

(7) Subject to subsections (9) and (10), the jurisdiction conferred on a court of a State or the Capital Territory by subsection (1) is conferred despite any limits as to locality of the jurisdiction of that court under the law of that State or of the Capital Territory.

(8) Subject to subsection (9), the jurisdiction conferred on a court of the Northern Territory by a law of a State or the Capital Territory corresponding to subsection (1) may be exercised despite any limits as to locality of the jurisdiction of that court under the law of the Northern Territory.

(a) jurisdiction is conferred on a court of the Northern Territory in relation to the summary finding of guilt of persons charged with offences against the Corporations Law of this or another juris-diction by subsection (1) or a corresponding provision of a law of a State or of the Capital Territory; and

(b) the court is satisfied that it is appropriate to do so, having regard to all the circumstances including the public interest,

the court may decline to exercise that jurisdiction in relation to an offence committed in the State or the Capital Territory.

(10) The jurisdiction conferred on a court of a State or the Capital Territory by subsection (1) in relation to:

of offenders or persons charged with offences against the Corporations Law of the Northern Territory is conferred only in relation to:

(d) offences committed, begun or completed within the State or Territory concerned.

relevant law means a law providing that where, in proceedings before a court, a person pleads guilty to a charge for which he or she could be prosecuted on indictment, the person may be committed, to a court having jurisdiction to try offences on indictment, to be sentenced or otherwise dealt with without being tried in that last-mentioned court.

(a) the arrest and custody in the Northern Territory of offenders or persons charged with offences; and

apply in the Northern Territory, so far as they are applicable, to persons who are charged with offences against the Corporations Law of the Northern Territory or of a State or the Capital Territory in respect of whom jurisdiction is conferred on a court of the Northern Territory by this Division or a corresponding law of a State or the Capital Territory.

(2) Subject to this Division, the laws of each State and the Capital Territory respecting:

(a) the arrest and custody in that State or Territory of offenders or persons charged with offences; and

apply in that State or Territory, so far as they are applicable, to persons who are charged with offences against the Corporations Law of the Northern Territory in respect of whom jurisdiction is conferred on a court of that State or Territory by this Division.

(3) The application of laws by subsections (1) and (2) is in addition to, and not in derogation from, the application of laws effected by Part 8 or the corresponding law of a State or the Capital Territory.

(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any related proceedings,

of offenders or persons charged with offences, and includes the procedure for holding accused persons to bail.

laws of each State and the Capital Territory means the laws that apply in relation to offenders, or persons charged with offences, against the Corporations Law of the State or Territory concerned.

(a) money that, immediately before the commencement of this section, stood to the credit of the Companies Liquidation Account established by section 428 of the Companies (Northern Territory) Code; and

(b) money that, after the commencement of this section, is paid into the Companies Liquidation Account under provisions of the Companies (Northern Territory) Code that are taken to continue in force after the commencement of Chapter 5 of the Corporations Law for the purposes of windings up started before the commencement of that Chapter.

(2) Relevant money is to be dealt with in accordance with section 427 of the Companies (Northern Territory) Code.

(b) as so applying, may be referred to as the ASIC Law of the Northern Territory.

(a) apply as regulations in force for the purposes of the ASIC Law of the Northern Territory; and

(b) as so applying, may be referred to as the ASIC Regulations of the Northern Territory.

(1) In this Part, and in the ASIC Law, and the ASIC Regulations, of the Northern Territory:

Advisory Committee means the Companies and Securities Advisory Committee established by section 145 of the ASIC Act.

affairs, in relation to a body corporate, has the same meaning as in section 264AA of the Corporations Law.

(ii) 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) 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.

(b) financial reports or financial records, however compiled, recorded or stored;

(a) except in Part 11 of the ASIC Law or in relation to the Disciplinary Board – the Chairperson of the Commission; and

(b) in Part 11 of that Law or in relation to the Disciplinary Board – the Chairperson of the Disciplinary Board.

Commission means the Australian Securities and Investment Commission established by section 7 of the ASIC Act.

Commission delegate means a person to whom, or a body to which, a function or power is delegated under section 102 of the ASIC Law.

contravention, in relation to a law, includes an ancillary offence relating to an offence against that law.

court, except in section 248 of the ASIC Law, includes a tribunal having power to require the production of documents or the answering of questions.

Disciplinary Board means the Companies Auditors and Liquidators Disciplinary Board established by section 202 of the ASIC Act.

(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

(a) in this section and Part 3 (other than section 27(2) and Division 9) of the ASIC Law – an examination of a person pursuant to a requirement made under section 19 of that Law; or

(b) in section 27(2) and Division 9 of Part 3 of the ASIC Law – an examination of a person pursuant to a requirement made under section 19 of the ASIC law or a corresponding provision of the ASIC law of another jurisdiction;

expenses, in relation to an investigation under Division 1 of Part 3 of the ASIC Law, includes costs and expenses incurred in relation to a proceeding begun under section 50 of the ASIC Law as a result of the investigation.

(a) in relation to a document – a meaning affected by section 86 of the ASIC Law; and

hearing, in this section and Part 3 of the ASIC law, means a hearing before the Commission and, in sections 52, 54, 55 and 56 of that Law, includes a part of such a hearing.

investigate, in relation to the Commission, means investigate in the course of performing or exercising any of the Commission's functions and powers.

(a) 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; or

(c) in Part 11 of that Law or in relation to the Disciplinary Board, the Chairperson or any other member of the Disciplinary Board;

(c) a law of a jurisdiction (other than this jurisdiction or the Capital Territory) that corresponds to an Act or Law referred to in paragraph (a);

(e) a trustee or other person administering a compromise or arrangement made between the body and any other person or persons.

Panel means the Corporations and Securities Panel established by section 171 of the ASIC Act.

(b) a reference of a decision of the Panel for review under the Corporations law.

whether the proceeding, hearing or examination is of a civil, administrative, criminal, disiplinary 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.

record, in relation to an examination, means the whole or a part of a record made under section 24 of the ASIC Law of statements made at the examination.

(a) a member of the staff referred to in section 120(1) of the ASIC Act or a person employed under section 120(3) of that Act;

statement, in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination.

this Act, except in this Part, means the ASIC Law, and includes the regulations.

(b) any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence.

(a) in relation to a hearing before the Commission – a person appearing at the hearing to give evidence; or

(b) in relation to Panel proceedings – a person appearing in the proceedings to give evidence.

(2) Subject to the ASIC Law of this jurisdiction, an expression has the same meaning in that Law and in the ASIC Regulations of this jurisdiction as in the Corporations Law of this jurisdiction.

A reference in the ASIC Law, and the ASIC Regulations, of the Northern Territory to giving information includes a reference to:

(1) Except so far as the contrary intention appears in the ASIC Law of the Northern Territory:

(a) Part 1.2 (except section 8) of the Corporations Law of the Northern Territory applies; and

(b) subject to paragraph (a), the Acts Interpretation Act 1901 of the Commonwealth as in force at the commencement of section 5(5) of the ASIC Act applies as law of the Northern Territory,

in relation to the ASIC Law, and the ASIC Regulations, of the Northern Territory and any instrument made, granted or issued under that Law or those Regulations (other than application orders made for the purposes of that Law under section 111A of the Corporations Law of this jurisdiction) and so apply as if that Law were an Act of the Commonwealth and those Regulations or instruments were regulations or instruments made under such an Act.

(2) The Interpretation Act does not apply in relation to the ASIC Law, or the ASIC Regulations, of the Northern Territory or an application order or any other instrument made, granted or issued under that Law or those Regulations.

(1) The ASIC Law of the Northern Territory may be referred to simply as the ASIC Law.

(2) The ASIC Regulations of the Northern Territory may be referred to simply as the ASIC Regulations.

(1) This section has effect for the purposes of an Act, a law of the Northern Territory or an instrument made under an Act or under such a law.

(2) Where a law of a jurisdiction other than the Northern Territory contains provisions corresponding to sections 5 and 6 of the Corporations Act and also provides for provisions of the ASIC Act to apply as law of that jurisdiction, those provisions of the ASIC Act, as so applying, are the ASIC Law of that jurisdiction.

(3) Where a law of a jurisdiction other than the Northern Territory provides for the regulations in force for the time being under section 251 of the ASIC Act to apply for the purposes of the ASIC Law of that jurisdiction, those regulations as so applying are the ASIC Regulations of that jurisdiction.

(a) the bodies established by the ASIC Act and the staff of those bodies, can perform functions and exercise powers; and

as if the ASIC Act, the ASIC Law of the Northern Territory and the ASIC Law of each State, constituted a single national ASIC Law applying of its own force throughout Australia.

(2) Subject to this section, a reference in an instrument to the ASIC Law, or to the ASIC Regulations, is to be taken, for the purposes of the laws of the Northern Territory:

(a) to be a reference to the ASIC Law, or to the ASIC Regulations, of the Northern Territory; and

(b) to include a separate reference to the ASIC Law, or to the ASIC Regulations, of each jurisdiction other than the Northern Territory.

(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires.

(4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the ASIC Law, or to the ASIC Regulations, of a jurisdiction.

(g) an application made, information laid, affidavit sworn, or warrant issued, for any purpose;

(j) any other pleading in, or process issued in connection with, a legal or other proceeding; or

(1) The Commission has the functions and powers conferred or expressed to be conferred on it under a national scheme law of this jurisdiction.

(2) The Commission also has the functions and powers conferred or expressed to be conferred on the NCSC by or under a Code that is a relevant Code for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) (Northern Territory) Code.

(1) The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with the Commission for the performance of functions or the exercise of powers by the Commission as an agent of the Northern Territory.

(2) The Commission has such functions and powers as are referred to in such an agreement or arrangement.

The Commission has power to do acts in the Northern Territory in the performance or exercise of any function or power:

(a) expressed to be conferred on the Commission by a national scheme law of another jurisdiction; or

(b) referred to in an agreement or arrangement made under a provision of an Act of another jurisdiction corresponding to section 67.

(a) has notified the Commission in writing that he or she is considering giving a direction under this section; and

(b) has given the Chairperson of the Commission an adequate opportunity to discuss with the Commonwealth Minister the need for the proposed direction,

the Commonwealth Minister may give the Commission a written direction (not being a direction about a particular case) about policies it should pursue, or priorities it should follow in performing or exercising any of the functions or powers conferred or expressed to be conferred on it under a national scheme law of this jurisdiction.

(3) A copy of an instrument under subsection (1) must be published in the Commonwealth of Australia Gazette within 21 days after the instrument is made but, if a copy is not so published, the instrument's validity is not affected.

(1) The Panel has the functions and powers conferred on it by or under a national scheme law of this juris-diction.

(2) The Panel has power to do acts in the Northern Territory in the performance or exercise of any function or power expressed to be conferred on the Panel by a national scheme law of another jurisdiction.

(1) The Disciplinary Board has the functions and powers conferred on it by or under a national scheme law of this jurisdiction.

(2) The Disciplinary Board has power to do acts in the Northern Territory in the performance or exercise of any function or power expressed to be conferred on it by a national scheme law of another jurisdiction.

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.

(a) the name of a body established by the ASIC Act is changed by law (whether or not the body is incorporated); or

(e) any award or other industrial determination or order or any industrial agreement;

(h) any pleading in, or process issued in connection with, any legal or other proceeding; or

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.

(1) For the purposes of Part 3 of the ASIC Law of the Northern Territory, Part III of the Crimes Act 1914 of the Commonwealth applies as a law of the Northern Territory.

(2) For the purposes of Part III of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1), an examination or a hearing is a judicial proceeding.

(a) an offence under Part III 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 the Northern Territory; and

(b) an offence under Part III 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.

(1) For the purposes of Part 3 of the ASIC Law of the Northern Territory, the following provisions of the Evidence Act 1995 of the Commonwealth apply as a law of the Northern Territory:

section 147 (Documents produced by processes, machines and other devices in the course of business)

Division 2 (Proof of certain matters by affidavits or written statements) of Part 4.6

(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.

(a) a law of Northern Territory concerning the management or affairs of a body corporate;

(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 Northern Territory law; or

(b) that, despite section 33 or 39, an authority or officer of the Northern Territory has certain functions or powers under an applicable provision of this jurisdiction,

(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.

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.

All fines, penalties and other money (other than fees and taxes) which, under and by virtue of the applicable provisions of the Northern Territory, are authorised or directed to be imposed on any person must be paid to the Commonwealth.

(1) The Administrator may make regulations not inconsistent with this Act, prescribing matters:

(b) necessary or convenient to be prescribed for the carrying out or giving effect of 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 Northern Territory or an authority of the Northern Territory), the rights of that person existing before the date of that publication; or

(b) to impose a liability on any person (other than the Northern Territory or an authority of the Northern Territory) 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 64 of the Interpretation Act applies as if the regulations had been disallowed by the Legislative Assembly.

A staff member who, before the commencement of this section, was an employee of the Public Service of the Northern Territory engaged in the administration of a co-operative scheme law may disclose to the Commission information acquired while so engaged.

former employee means a person appointed under the Public Service Act 1922 of the Commonwealth to be a member of the staff of the Commission who immediately before that appointment was an officer or employee of the Corporate Affairs Office established by the Companies (Administration) Act.

benefits, for the purposes of a person referred to in subsection (2), includes an accrued employer component, within the meaning of the Rules set out in the Schedule to the Superannuation Act, whether or not the person would, under those Rules, be entitled to that component.

(2) Where, immediately before being appointed to the staff of the Commission, a former employee was a member of the Northern Territory Government and Public Authorities' Superannuation Scheme, within the meaning of the Superannuation Act, the benefits that that person would otherwise be entitled to receive under and in accordance with the Superannuation Act shall, notwithstanding that Act or the Rules set out in the Schedule to that Act, be paid from the Fund established under that Act to the Board, within the meaning of the Superannuation Act 1990 of the Commonwealth, for the benefit of that person.

(3) Where, immediately before being appointed to the staff of the Commission, a former employee was an eligible employee for the purposes of the Northern Territory Supplementary Superannuation Scheme established by instrument dated 4 January 1989, the benefits that that person would otherwise be entitled to receive under that Scheme shall, notwithstanding that Scheme, be paid by the Territory to the Board, within the meaning of the Superannuation Act 1990 of the Commonwealth, for the benefit of that person.

Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act

Companies and Securities (Interpretation and Miscellaneous Provisions) (Northern Territory) Code

(1) This section provides for the national scheme laws of this jurisdiction to supersede the co-operative scheme laws, which are to continue to operate of their own force only in relation to:

(2) Where a co-operative scheme law is inconsistent with a national scheme law of this jurisdiction, the national scheme law prevails and, to the extent of the inconsistency, the co-operative scheme law does not operate.

(3) For the purposes of subsection (2), a co-operative scheme law is inconsistent with a national scheme law if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth of Australia if the national scheme law were an Act of the Commonwealth.

(1) Regulations under section 80 may provide that prescribed provisions of co-operative scheme laws do not operate, either generally or as otherwise prescribed by the Regulations.

(1) To the extent that a co-operative scheme law ceases to operate because of section 84 or 85, the law is taken for the purposes of the Interpretation Act to have been repealed by this Act.

(2) Nothing in this Act revives, or otherwise affects the exclusion of, the provisions referred to in section 18(1) of the Companies (Application of Laws) Act or section 16(1) of the Securities Industry (Application of Laws) Act.

(1) Regulations under section 80 may provide that a specified co-operative scheme law, or specified provisions of a co-operative scheme law, has or have effect with such modifications as the regulations prescribe.

(2) Regulations in force because of subsection (1) have effect accordingly, even if, because of section 84 or 85, the specified law does not operate of its own force, or the specified provisions do not operate of their own force, as the case requires.

(3) However, a reference in section 84(2) to a co-operative scheme law includes a reference to such a law as it has effect, or to provisions of such a law as they have effect, because of this section.

The operation or effect of a co-operative scheme law is not modified or otherwise affected because regulations of a kind referred to in section 77 or 79 of the Corporations Act modify or otherwise affect the operation of a Co-operative Scheme Act within the meaning of Part 12 of the Corporations Act.

Code regulations means provisions applying as regulations made under a Code by reason of a provision of an Act that is a co-operative scheme law.

(d) a national scheme law of this jurisdiction, or the Corporations Regulations, or ASIC Regulations, of the Northern Territory.

(2) Subject to subsection (4) and to any regulations in force under subsection (7), a reference in an instrument to a co-operative scheme law is to be taken to include a reference to such provisions of the national scheme laws of this jurisdiction as correspond to provisions of the co-operative scheme law.

(3) Subject to subsection (4) and to any regulations in force under subsection (7), a reference in an instrument to Code regulations is to be taken to include a reference to such provisions of the Corporations Regulations, or ASIC Regulations, of the Northern Territory as correspond to provisions of the Code regulations.

(4) Subject to any regulations in force under subsection (7), a reference in an instrument to a provision of a co-operative scheme law or of Code regulations is to be taken to include a reference to the corresponding provision of a national scheme law of this jurisdiction or of the Corporations Regulations, or ASIC Regulations, of the Northern Territory, as the case may be.

(5) Subject to any regulations in force under subsection (7), a reference in an instrument to the NCSC is to be taken to include a reference to the Commission.

(6) Regulations under section 80 may declare that, for the purposes of this section:

(a) prescribed provisions of national scheme laws of this jurisdiction correspond to prescribed provisions of co-operative scheme laws; and

(b) prescribed provisions of the Corporations Regulations, or ASIC Regulations, correspond to prescribed provisions of Code regulations.

(a) may declare that subsection (2), (3), (4) or (5) does not apply in relation to prescribed references in prescribed instruments; or

(b) may declare that subsection (2), (3), (4) or (5) has effect in relation to prescribed references in prescribed instruments as if, in the subsection, the words "be taken to be" were substituted for the words "be taken to include".

(8) Regulations in force because of subsection (6) or (7) have effect accordingly.

(a) has the same enforcement powers in relation to the co-operative scheme laws as has the Northern Territory Director of Public Prosecutions, the Attorney-General, Solicitor-General or the Solicitor for the Northern Territory; and

(b) may, in relation to an offence against a co-operative scheme law, perform the functions and exercise the powers conferred on the Director of Public Prosecutions by the Director of Public Prosecutions Act 1983 of the Common-wealth in relation to offences against the laws of the Commonwealth as if the offence against the co-operative scheme law were an offence against a national scheme law of this jurisdiction.

(a) have the same enforcement powers in relation to the co-operative scheme laws as has the Police Force of the Northern Territory; and

(b) may, in relation to an offence against a co-operative scheme law, perform the functions and exercise the powers conferred on the Australian Federal Police in relation to offences against the laws of the Commonwealth as if the offence against the co-operative scheme law were an offence against a national scheme law of this jurisdiction.

(3) The Commonwealth Minister has, in respect of the prosecution of offences against the co-operative scheme laws, the same functions and powers as he or she has in respect of the prosecution of offences against a national scheme law of this jurisdiction.

(4) For the purposes of the exercise of enforcement powers, and other functions and powers conferred by this section, including the obtaining of warrants to arrest, an offence against a co-operative scheme law is taken to be an offence against a national scheme law of this jurisdiction.

(5) In this section, enforcement power means a function or power relating to:

(1) Where an arrangement between the Minister and the Commonwealth Minister makes provision in relation to the exercise by a Northern Territory authority or officer of enforcement powers within the meaning of section 90 in relation to the co-operative scheme laws:

(a) the Northern Territory authority or officer is authorised to act in accordance with that arrangement;

(b) the Northern Territory authority or officer must not exercise an enforcement power except in accordance with that arrangement; and

(c) the exercise of, or failure to exercise, an enforcement power by a Northern Territory authority or officer is to be taken to have been validly performed or withheld, despite any failure to comply with any conditions in the arrangement.

(2) Notice of each arrangement under subsection (1) must be published in the Gazette and in the Commonwealth of Australia Gazette within 21 days after it is made.

(1) Where, immediately before the commencement of this section, a company was, because of section 16(1) of the Companies (Application of Laws) Act, exempt from complying with provisions of Division 6 of Part IV of the Companies (Northern Territory) Code, the company is taken to be exempt from complying with the corresponding provisions of Divisions 2 and 5 of Part 7.12 of the Corporations Law of the Northern Territory.

(2) Where, immediately before the commencement of this section, a right or interest was, because of section 16(2) or (3) of the Companies (Application of Laws) Act, an exempt right or interest for the purposes of Division 6 of Part IV of the Companies (Northern Territory) Code, that right or interest is taken to be exempt from complying with the corresponding provisions of Divisions 2 and 5 of Part 7.12 of the Corporations Law of the Northern Territory.

(3) A company, right or interest to which subsection (1) or (2) applies ceases to be an exempt company, right or interest if the Administrator makes regulations under this Act declaring that it so ceases.

The Cullen Bay Marina Management Corporation established by section 8(1) of the Cullen Bay Marina Act 1992 is excluded from the definition of corporation in section 9 of the Corporations Law of the Northern Territory.

(1) Section 84 does not apply in relation to Part IIA of the Securities Industry (Northern Territory) Code.

(2) Part IIA has effect, as provided in this section, despite the national scheme laws of this jurisdiction.

(3) A reference in Part IIA to a relevant Code, except in relation to a time before the commencement of this section, is taken to be a reference to a national scheme law of this jurisdiction.

(4) Subject to subsection (5), a reference in Part IIA to a particular co-operative scheme law, except in relation to a time before that commencement, is taken to be a reference to such provisions of the national scheme laws of this jurisdiction as correspond to provisions of that Code.

(5) A reference in Part IIA to a provision of a co-operative scheme law (other than a provision of Part IIA itself), except in relation to a time before that commencement, is taken to be a reference to the corresponding provision of a national scheme law of this jurisdiction.

(6) Regulations in force because of section 88(6) also have effect for the purposes of this section.

The Companies Auditors and Liquidators Disciplinary Board established under section 15 of the Companies (Administration) Act may perform the functions and exercise the powers conferred on it under Division 2 of Part II of the Companies (Northern Territory) Code in respect of applications made to it under Subdivision B of that Division before the commencement of this section.

Division 6 Amending Acts
94A Savings and transitional provisions for amending Acts

(a) a units plan of subdivision registered under the Real Property (Unit Titles) Act; or

and, at the time of registration of the plan, the proprietor of that land was a company, the transfer by the company of:

in exchange for or in satisfaction of a right of the kind referred to in section 195(13) of the Corporations Law, does not of itself constitute, and is to be taken never to have constituted, a reduction of the share capital of the company.

(2) Subsection (1) does not apply to a transfer made on or after the commencement of this Act.

Court means the Federal Court of Australia or the Supreme Court of a State or Territory.

jurisdiction amendments means the amendments made by sections 4 to 17 to the Corporations (Northern Territory) Amendment Act 1995.

jurisdiction commencement means the commencement of the jurisdiction amendments.

The jurisdiction amendments apply to proceedings commenced, or recommenced, after the jurisdiction commencement, whether the cause of action arose before or after that commencement.

(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of the Northern Territory were commenced in a court (the "first court") other than the Court;

(b) the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter;

(d) the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.

(2) The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.

(3) That decision does not affect a recommencement of the proceedings after the jurisdiction commencement.

(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of the Northern Territory were commenced in a court (the first court) other than the Court; and

(i) no court expressly decided, before the jurisdiction commencement, whether the first court had jurisdiction in respect of the matter; or

(ii) a decision of the first court, or of another court on appeal from a decision of the first court, that the first court did have jurisdiction in respect of the matter still stands at the jurisdiction commencement.

(2) For the purposes of any consideration by a court, after the jurisdiction commencement, of whether the first court had jurisdiction in respect of the matter, the first court is taken to have had jurisdiction in respect of the matter if it would have had that jurisdiction if the jurisdiction amendments had commenced before the cause of action arose.

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Corporations (Northern Territory) Act 1990 (Act No. 56, 1990)
Assent date	14 December 1990
Commenced	1 January 1991
Corporations (Northern Territory) Act 1991 (Act No. 81, 1991)
Assent date	24 December 1991
Commenced	ss 1 to 3 and 19: 24 December 1991; ss 4(a), 6, 16 & 17: 1 January 1991; rem: 31 July 1992
Corporations (Northern Territory) Amendment Act 1992 (Act No. 69, 1992)
Assent date	14 December 1992
Commenced	18 December 1992 (s 2)
Corporations (Northern Territory) Amendment Act 1995 (Act No. 11, 1995)
Assent date	10 April 1995
Commenced	16 October 1995
Amending Legislation
Statute Law Revision Act (No. 2) 1995 (Act No. 42, 1995)
Assent date		13 October 1995
Commenced		13 October 1995
Sentencing Consequential Amendments Act 1996 (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	s 7: 19 April 1996; rem: 1 July 1996
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date	12 September 2000
Commenced	1 December 2000
Corporations (Northern Territory) Amendment Act 2001 (Act No. 20, 2001)
Assent date	29 June 2001
Commenced	24 November 2000 (s 2)

Northern Territory Repealed Acts

CORPORATIONS (NORTHERN TERRITORY) ACT