Section 1397 — Corporations Act 2001 (Cth)

(1) This Division has effect subject to:

(a) the provisions of Divisions 2, 3, 4 and 5 (which deal with matters in more specific terms); and

(b) regulations made for the purposes of Division 7.

(2) Nothing in this Division applies to:

(a) an order made by a court before the commencement; or

(b) a right or liability under an order made by a court before the commencement; or

(c) a right to:

(i) appeal to a court against an order made by a court before the commencement;

(ii) apply to a court for review of such an order; or

(iii) bring an appeal or review proceeding, or an enforcement proceeding, within the meaning of section 1382, in respect of such an order; or

(d) subject to subsection (3)—a proceeding taken (including an appeal, review or enforcement proceeding) in a court before the commencement, or a step in such a proceeding.

Note: Division 4 deals with court orders and proceedings made or begun before the commencement, and with related matters.

(3) Despite paragraph (2)(d), sections 1400 and 1401 apply to any right or liability to which a proceeding to which section 1383 or 1384 applies relates.

(4) Nothing in this Division applies to a liability under section 902, 904, 938, 940, 941, 1234, 1235 or 1351 of the old Corporations Law of a State or Territory in this jurisdiction to pay a contribution, levy or fee.

Note: These liabilities are preserved as taxes by provisions of the following Acts:

(a) the Corporations (Securities Exchanges Levies) Act 2001;

(b) the Corporations (National Guarantee Fund Levies) Act 2001;

(c) the Corporations (Futures Organisations Levies) Act 2001;

(d) the Corporations (Fees) Act 2001.

(5) Except as mentioned in subsections (1) to (4), nothing in Division 2, 3, 4 or 5, or in regulations made for the purposes of Division 7, is intended to limit the generality of the provisions in this Division.

Related sections

• s 1394 — Transitional provisions relating to securities exchange fidelity fund levies
• s 1395 — Transitional provisions relating to National Guarantee Fund levies
• s 1396 — Transitional provisions relating to futures organisation fidelity fund levies
• s 1398 — Provisions of this Division may have an overlapping effect
• s 1399 — Things done by etc. carried over provisions continue to have effect
• s 1400 — Creation of equivalent rights and liabilities to those that existed before the commencement under carried over provisions of the old corporations legislation

Research how courts apply s 1397

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.