Susbidiary Legislation for legislative amendments effective 3 Jan 2016

  • Phase 2 of Companies (Amendment) Act 2014
  • Business Names Registration Act
  • Statutes (Miscellaneous Amendment) (no- 2) Act

The above-mentioned Acts took effect on 3 Jan 2016. The supporting subsidiary legislation was gazetted on 31 Dec 2015 and took effect on 3 Jan 2016. 

Section 121 of the Companies (Amendment) Act 2014, which introduces new section 202A and 202B of the Companies Act took effect on 20 Apr 2018, together with the supporting subsidiary legistation. S202A and 202B of the Companies Act relate to the revision of financial statements where these documents do not comply with the requirements of the Act. Please click here for more information. 

For the sections of the Companies (Amendment) Act 2014 not brought into force on 1 Jul 2015, these were brought into force on 3 Jan 2016, with the exception of the following:  

  • 72-hour cut off period in constitution for submission of proxy appointments 
    Section 94(e) of the Companies (Amendment) Act 2014 (which introduces new section 178(1B) of the Companies Act) 
    S178(1B) was intended as a transitional provision consequential to the amendment made to s178(1)(c) of the Companies Act. S178(1)(c) was amended to allow companies to require members to send the instrument appointing their proxies to the company not less than 72 hours before the time of a meeting, to give the company more time to process such instruments.  

    S178(1B) is not being brought into force as there is inaccuracy in the drafting of that section. Existing companies, whose constitution indicates a 48-hour cut-off time for the submission of proxy instruments, will therefore not have a transitional provision which would allow them to automatically rely on the longer period of 72 hours. Such companies will have to amend their constitutions accordingly to extend the cut-off time for submission of proxy instruments should the need arise.  

Phase 2 of Companies (Amendment) Act 2014

 1)    Companies (Amendment) Act 2014 (Commencement)(no.2) Notification 2015 (PDF, 157KB)  
 2)    Companies (Striking-off) Regulations 2015 (PDF, 174KB)
 3)    Companies (Identical Names) Regulations 2015 (PDF, 168KB)
 4)    Companies (Filing of Documents)(Amendment no. 3) Regulations 2015 (PDF, 190KB)
 5)    Companies (Summary Financial Statement)(Amendment) Regulations 2015 (PDF, 174KB)
 6)    Companies (Model Constitutions) Regulations 2015 (PDF, 443KB)
 7)    Companies (Composition of Offences) Regulations 2015 (PDF, 158KB)
 8)    Companies (Amendment no. 3) Regulations 2015 (PDF, 178KB)
 9)    Companies (Fees and Late Lodgement Penalties) Regulations 2015 (PDF, 224KB)

Statutes (Miscellaneous Amendment) (no- 2) Act

 1)    Statutes (Miscellaneous Amendments)(no. 2) Act (Commencement)(no-2) Notification 2015 (PDF, 155KB)
 2)    Limited Liability Partnerships (Striking-off) Regulations 2015 (PDF, 174KB)
 3)    Limited Liability Partnerships (Identical Names) Regulations 2015 (PDF, 169KB)
 4)    Limited Liability Partnerships (Direction under section 19A(1)(d)) Notification 2015  (PDF, 161KB)
 5)    Limited Partnerships (Amendment)(no. 2) Regulations 2015 (PDF, 206KB)
 6)    Limited Partnerships (Direction under section 17A(1)(d)) Notification 2015 (PDF, 159KB)
 7)    Limited Liability Partnerships (Amendment)(no. 2) Regulations 2015 (PDF, 203KB)
 8)   Accountants Act (Accounting Corporations, Accounting Firms and Accounting LLPs)(Amendment) Rules 2015 (PDF, 169KB)
 9)    Accountants Act (Public Accountants)(Amendment no. 3) Rules 2015 (PDF, 157KB)

Accounting and Corporate Regulatory Authority Act

 1)    Accounting and Corporate Regulatory Authority (Authorised Users of Electronic Transaction System)(Amendment) Regulations 2015 (PDF, 159KB)

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