Corporations (Financial Services Reform Amendments) Act 2002

i Corporations (Financial Services Reform Amendments) Act 2002 Act No. 9/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Consequential amendments 2 PART 2—AMENDMENT OF CORPORATIONS (ANCILLARY PROVISIONS) ACT 2001 3 4. Power to amend certain statutory rules 3 5. New section 22A inserted 3 22A. Power to make interim regulations construing certain references in Acts 3 6. New section 24A inserted 5 24A. Validation 5 __________________ SCHEDULE—Consequential amendments 7 ═══════════════ ENDNOTES 14 -- 1 of 15 -- 1 Corporations (Financial Services Reform Amendments) Act 2002 † [Assented to 23 April 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Corporations (Ancillary Provisions) Act 2001 and certain other Victorian Acts as a consequence of the enactment by the Parliament of the Commonwealth of the Financial Services Reform Act 2001. Victoria No. 9 of 2002 -- 2 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 2 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. Consequential amendments An Act specified in the heading to an item in the Schedule is amended as set out in that item. __________________ s. 2 -- 3 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 3 PART 2—AMENDMENT OF CORPORATIONS (ANCILLARY PROVISIONS) ACT 2001 4. Power to amend certain statutory rules (1) In section 22(2)(e) of the Corporations (Ancillary Provisions) Act 2001, for "Act." substitute— "Act; or (f) an Act amending an Act referred to in paragraph (d) or (e).". (2) In section 25(6) of the Corporations (Ancillary Provisions) Act 2001, after "relevant time" insert "or, in the case of regulations made under section 22(2)(f) or 22A, the time when the amending Act (or the relevant provision of that Act) comes into operation or is taken to have come into operation". 5. New section 22A inserted After section 22 of the Corporations (Ancillary Provisions) Act 2001 insert— '22A. Power to make interim regulations construing certain references in Acts (1) In this section "affected reference" means— (a) a reference in an Act to a provision of the new ASIC Act or the new Corporations Act; or (b) a reference in an Act to a term, expression or concept defined or used in the new ASIC Act or the new Corporations Act— that is, or is to be, affected in any way by the enactment or proposed enactment by the Parliament of the Commonwealth of an Act s. 4 See: Act No. 43/2001. LawToday: www.dms. dpc.vic. gov.au -- 4 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 4 amending the new ASIC Act or the new Corporations Act. (2) The Governor in Council, on the recommendation of the Minister, may make regulations providing that an affected reference in any Act is to be construed as set out in the regulations. (3) The Minister may make a recommendation under sub-section (2) only if he or she considers that— (a) each substantive provision of the proposed regulations is necessary as a consequence of the enactment, or the proposed enactment, by the Parliament of the Commonwealth of an Act amending the new ASIC Act or the new Corporations Act; and (b) subject to sub-section (4), the proposed regulations do not deal with any other matter. (4) Regulations made under this section may deal with matters of a transitional nature (including matters of an application or savings nature) consequent on the enactment of the amending Act referred to in sub- section (3)(a). Note: Section 25(6) and (7) enable a provision of the regulations made under this section to have effect from a time that is earlier than the day on which they are made. (5) Regulations made under this section have effect according to their terms. (6) Part 2 of the Subordinate Legislation Act 1994 does not apply to regulations made under this section. s. 5 -- 5 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 5 (7) Regulations made under this section expire on the first anniversary of the day on which they are made unless they are revoked, or expressed to expire, on an earlier day.'. 6. New section 24A inserted After section 24 of the Corporations (Ancillary Provisions) Act 2001 insert— '24A. Validation (1) In this section "relevant period" means the period— (a) starting on the commencement of Part 1 of Schedule 1 to the Financial Services Reform Act 2001 of the Commonwealth; and (b) ending immediately before the commencement of the Corporations (Financial Services Reform Amendments) Act 2002. (2) Anything done or omitted to be done by a person or body during the relevant period that would have been valid and lawful had the Corporations (Financial Services Reform Amendments) Act 2002 been in operation at the time at which the thing was done or omitted, must be taken to be, and to have always been, valid and lawful. (3) Anything done or omitted to be done by a person or body during the relevant period that would have been valid and lawful had none of the provisions of the Financial Services Reform Act 2001 of the Commonwealth been in operation at the time at which the thing was done or omitted, must be taken to be, and to have always been, valid and lawful.'. s. 6 -- 6 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 6 __________________ -- 7 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 7 SCHEDULE Section 3 CONSEQUENTIAL AMENDMENTS 1. Associations Incorporation Act 1981 In section 53(2), for paragraph (a) substitute— "(a) if the incorporated association is a company under the Corporations Act—to the extent necessary for an association to be deregistered as a company under that Act;". 2. Co-operatives Act 1996 2.1 In section 9(2)— (a) in paragraph (h), for "the futures industry" substitute "derivatives"; (b) for paragraph (i) substitute— "(i) provisions relating to— (i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or (ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or"; (c) in paragraph (j), for "conduct of securities business" substitute "carrying on of a financial services business (as defined in section 761A of the Corporations Act) relating to securities"; (d) for paragraph (k) substitute— "(k) provisions relating to financial statements, and audits of financial statements, of— (i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or Sch. -- 8 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 8 (ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or"; (e) for paragraph (l) substitute— "(l) provisions relating to money and scrip of clients of— (i) financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; or (ii) regulated principals (as defined in section 1430 of the Corporations Act) when dealing in, or providing advice about, securities as authorised by Subdivision D of Division 1 of Part 10.2 of that Act; or". 2.2 In section 9(3), for paragraph (d) substitute— "(d) Part 7.10 (Market misconduct).". 2.3 In section 263(1), for "Part 7.11 (Conduct in relation to securities)" substitute "Part 7.10 (Market misconduct)". 2.4 In section 316, for "Chapter 5A" substitute "Part 5A.1". 2.5 In the heading to section 323, for "winding up" substitute "administration". 2.6 In section 323, paragraphs (b) and (d) are repealed. 3. Country Fire Authority Act 1958 In section 3(1), for the definition of "insurance intermediary" substitute— ' "insurance intermediary" means— (a) a person who arranges contracts of insurance in Victoria— (i) for reward; and (ii) as an agent for a person carrying on a business of insurance; or Sch. -- 9 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 9 (b) a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance; or (c) a regulated principal (as defined in section 1430 of the Corporations Act) when carrying on business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act;'. 4. Duties Act 2000 4.1 In section 3(1)— (a) in the definition of "Australian register", for "Corporations Law" substitute "Corporations Act"; (b) for the definition of "insurance intermediary" substitute— ' "insurance intermediary" means— (a) a person who arranges contracts of insurance in Victoria— (i) for reward; and (ii) as an agent for a person carrying on a business of insurance; or (b) a financial services licensee (within the meaning of section 761A of the Corporations Act) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance; or (c) a regulated principal (within the meaning of section 1430 of the Corporations Act) when carrying on business as an insurance broker that the regulated principal is authorised to carry on by Subdivision D of Division 1 of Part 10.2 of that Act;'; (c) in the definition of "private company", for "quoted" substitute "listed for quotation"; Sch. -- 10 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 10 (d) in the definition of "recognised stock exchange", for paragraphs (b), (c) and (d) substitute— "(b) a prescribed financial market (within the meaning of section 9 of the Corporations Act); or (c) a licensed market (within the meaning of section 761A of the Corporations Act) that is prescribed as a recognised stock exchange for the purposes of this Act;". 4.2 In section 10(2)(a) and (b), for "quoted" substitute "listed for quotation". 4.3 In section 187(1), for paragraph (a) substitute— "(a) if the insurer's authorisation under the Insurance Act 1973 of the Commonwealth is revoked; or". 5. Environment Protection Act 1970 In section 7(6), for "on a recognized stock exchange in Australia" substitute "for quotation on a prescribed financial market (as defined in section 9 of the Corporations Act)". 6. Estate Agents Act 1980 6.1 In section 4(1)— (a) in the definition of "declared corporation", for "on an Australian Stock Exchange" substitute "for quotation on a prescribed financial market (as defined in section 9 of the Corporations Act)"; (b) in the definition of "private corporation", for "on any Australian Stock Exchange" substitute "for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act)". 6.2 In section 15(1C), after "meaning of" insert "section 9 of". 6.3 In section 55(9), in paragraph (a)(i), for "corporation the shares of which are listed on an Australian Stock Exchange" substitute "listed corporation (as defined in section 9 of the Corporations Act)". 7. Gas Industry Act 2001 Sch. -- 11 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 11 In section 114, in the definition of "related body corporate", for "the Corporations Law" substitute "section 50 of the Corporations Act". 8. House Contracts Guarantee Act 1987 In section 51(2), for "Corporations Law" substitute "Corporations Act". 9. Instruments Act 1958 In section 111— (a) in sub-section (1)(b), for "stock broker," substitute "financial services licensee, regulated principal,"; (b) for sub-section (4) substitute— '(4) In sub-section (1)— "financial services licensee" means a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers dealing in securities; "regulated principal" means a regulated principal (as defined in section 1430 of the Corporations Act) who is authorised by Subdivision D of Division 1 of Part 10.2 of that Act to deal in securities.'. 10. Legal Practice Act 1996 In section 3(1), in the definition of "constitution", for "Corporations Law" substitute "Corporations Act". 11. Metropolitan Fire Brigades Act 1958 In section 3(1), for the definition of "insurance intermediary" substitute— ' "insurance intermediary" means— (a) a person who arranges contracts of insurance in Victoria— (i) for reward; and (ii) as an agent for a person carrying on a business of insurance; or (b) a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance Sch. -- 12 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 12 as an agent for a person carrying on a business of insurance; or (c) a regulated principal (as defined in section 1430 of the Corporations Act) when carrying on business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act;'. 12. Municipal Association Act 1907 For section 10C substitute— "10C. Association may arrange insurance The Association may, in relation to insurance requirements of its members and any other bodies constituted under any Act for any public or local governing purpose or constituted for a joint purpose by two or more of such members and other bodies— (a) do all such things as are ordinarily done by financial services licensees (as defined in section 761A of the Corporations Act) whose licence covers arranging contracts of insurance; and (b) in particular, receive commission for arranging those contracts of insurance.". 13. Partnership Act 1958 In section 74(2), for "7.11 (Conduct in relation to securities)" substitute "7.10 (Market misconduct)". 14. Trustee Act 1958 14.1 In section 28(1), for "stockbroker," substitute "financial services licensee, regulated principal,". 14.2 After section 28(4), insert— '(5) In sub-section (1)— "financial services licensee" means a financial services licensee (as defined in section 761A of the Corporations Act) whose licence covers dealing in, or providing advice about, securities; "regulated principal" means a regulated principal (as defined in section 1430 of the Corporations Sch. -- 13 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 13 Act) who is authorised by Subdivision D of Division 1 of Part 10.2 of that Act to deal in, or provide advice about, securities.'. 15. Trustee Companies Act 1984 15.1 In section 4(1), for the definition of "nominee corporation" substitute— ' "nominee corporation" means a body corporate whose principal business is the business of holding marketable securities as a trustee or nominee;'. 15.2 In section 40(10)— (a) for "Stock Exchange, the quotations published by the Stock Exchange" substitute "prescribed financial market (as defined in section 9 of the Corporations Act), the quotations published by that market"; (b) for "chairman or the secretary of the relevant Stock Exchange" substitute "chairperson or secretary of the market licensee (as defined in section 761A of the Corporations Act) who is authorised to operate that market". ═══════════════ Sch. -- 14 of 15 -- Act No. 9/2002 Corporations (Financial Services Reform Amendments) Act 2002 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 28 February 2002 Legislative Council: 17 April 2002 The long title for the Bill for this Act was "to amend the Corporations (Ancillary Provisions) Act 2001 and certain other Victorian Acts as a consequence of the enactment by the Parliament of the Commonwealth of the Financial Services Reform Act 2001 and for other purposes." Endnotes -- 15 of 15 --