Corporations (South Australia) Act 1990 (SA)

South Australia Corporations (South Australia) Act 1990 An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of South Australia; and for other purposes. Contents Part 1—Preliminary 1 Short title and purposes 3 Definitions 4 Australian Capital Territory 5 This Act and applicable provisions of South Australia not to be affected by later State laws 6 Operation of other South Australian Laws Part 2—The Corporations Law, and the Corporations Regulations, of South Australia 7 Application in South Australia of the Corporations Law 8 Application of regulations 9 Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of South Australia 10 Interpretation law Part 3—Citing the Corporations Law and the Corporations Regulations 11 Simpler citation of Corporations Law, and Corporations Regulations, of South Australia 12 References to Corporations Law, and Corporations Regulations, of other jurisdictions 13 References to Corporations Law and Corporations Regulations Part 4—Application of the Corporations Law to the Crown 14 Interpretation 15 Corporations Law of South Australia 16 Corporations Law of other jurisdictions 17 Crown not liable to prosecution 18 This Part overrides the prerogative Part 5—Application orders 19 Commonwealth Minister to obtain consent of State Minister 20 Application orders for ASIC Law Part 7—Imposition of fees and taxes 22 Fees (including taxes) for chargeable matters 23 Contributions and levies for fidelity funds of securities exchanges 24 Levies for National Guarantee Fund 25 Contributions and levies for fidelity funds of futures organisations Part 8—National administration and enforcement of the Corporations Law Division 1—Preliminary 26 Object 27 Effect of Part Division 2—Offences against applicable provisions 28 Object 29 Application of Commonwealth laws in relation to offences against applicable provisions 30 Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions 31 Functions and powers conferred on Commonwealth authorities 32 Reference in Commonwealth law to a provision of another law Division 3—Administrative law 34 Object 35 Application of Commonwealth administrative laws in relation to applicable provisions 36 Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions 36A Construction of references to Part IVA of Administrative Appeals Tribunal Act (Cwth) 37 Functions and powers conferred on Commonwealth authorities 38 Reference in Commonwealth administrative law to a provision of another law Part 9—Jurisdiction and procedure of courts Division 1—Vesting and cross-vesting of civil jurisdiction 40 Operation of Division 41 Interpretation 42 Jurisdiction of State and Territory Supreme Courts 42A Jurisdiction of State Family Courts 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers 42B Jurisdiction of lower courts 43 Appeals 44 Transfer of proceedings by the Federal Court and State and Territory Supreme Courts 44A Transfer of proceedings by State Family Courts 44AA Transfer of proceedings in lower courts 44B Further matters for court to consider when deciding whether to transfer proceeding 44C Transfer may be made at any stage 44D Transfer of documents 45 Conduct of proceedings 46 Courts to act in aid of each other 47 Exercise of jurisdiction pursuant to cross-vesting provisions 48 Rights of appearance 49 Limitation on appeals 50 Enforcement of judgments 51 Rules of the Supreme Court 52A Rules of the State Family Court Division 2—Vesting and cross-vesting of criminal jurisdiction 53 Operation of Division 54 Interpretation 55 Jurisdiction of courts 56 Laws to be applied Part 10—Companies Liquidation Account 57 Companies Liquidation Account Part 11—The ASIC Law, and the ASIC Regulations, of South Australia Division 1—Application of ASIC Act and ASIC Regulations 58 Application in South Australia of the ASIC Act 59 Application of regulations 60 Interpretation of some expressions in ASIC Law, and ASIC Regulations, of South Australia 61 Giving information 62 Interpretation law Division 2—Citing the ASIC Law and the ASIC Regulations 63 Alternative citations of the ASIC Law, and the ASIC Regulations, of South Australia 64 References to ASIC Law, and ASIC Regulations, of another jurisdiction 65 References to ASIC Law and ASIC Regulations Division 3—The Commission 66 Conferral of functions and powers on Commission 68 Conferral of other functions and powers for purposes of law in South Australia Division 4—The Panel 70 Conferral of functions and powers on the Panel Division 5—The Disciplinary Board 71 Conferral of functions and powers on the Disciplinary Board Division 6—Miscellaneous 72 Acting appointments 73 Alteration of names and constitutions 74 Application of Commonwealth Crimes Act 75 Application of Commonwealth Evidence Act Part 12—General Division 1—Arrangements 76 Definition 77 Arrangements relating to applicable provisions 78 Notice of arrangement Division 2—Penalties and fines 79 Application of penalties and fines Division 3—Regulations 80 Regulations Part 13—Transitional Division 1—Staff 81 Information previously acquired 82 Staff 83 Superannuation arrangements with Commission Division 2—Co-operative scheme laws 84 Co-operative scheme laws 85 National scheme laws prevail over co-operative scheme laws 86 Regulations may exclude residual operation of co-operative scheme laws 87 Effect of sections 85 and 86 88 Regulations may modify co-operative scheme laws 89 Co-operative scheme laws not affected by certain Commonwealth regulations 90 References to co-operative scheme laws and regulations 91 Conferral of functions and powers in relation to co-operative scheme laws 92 Arrangements affecting exercise of investigation powers by State authorities and officers Division 3—Exemptions 93 Exempt bodies Division 4—Australian Stock Exchange Limited 95 Saving of provisions about Australian Stock Exchange Limited Division 5—Companies Auditors and Liquidators Disciplinary Board 96 Board to continue in existence for certain purposes Division 6—Functions of Commonwealth authorities and officers of the Commonwealth 96A Definitions 96B Functions of Commonwealth authorities and officers of the Commonwealth Part 14—Provisions affecting Corporations Law 97 Certain land transfers by companies not to constitute reduction of share capital Schedule—Savings and transitional provisions 1 Interpretation 2 Application of amendments 3 Effect of decision that court did not have jurisdiction 4 Effect of absence of decision that court did not have jurisdiction 5 Application of section 42AA Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title and purposes (1) This Act may be cited as the Corporations (South Australia) Act 1990. (2) The purposes of this Act are— (a) to apply certain provisions of the Corporations Act 1989 of the Commonwealth and the Australian Securities and Investments Commission Act 1989 of the Commonwealth and of regulations under those Acts as laws of South Australia; and (b) to apply certain other laws of the Commonwealth as laws of South Australia for the purpose of the administration and enforcement of the law relating to corporations, the securities industry, the futures industry and some other matters. 3—Definitions (1) In this Act— applicable provision, in relation to a jurisdiction, means a provision of— (a) the Corporations Law, or Corporations Regulations, of that jurisdiction; or (b) the ASIC Law, or ASIC Regulations, of that jurisdiction; or (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— (i) an offence against; (ii) an act, matter or thing arising under or in respect of, 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— (i) an offence against; or (ii) an act, matter or thing arising under or in respect of, 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 Investments Commission Act 1989 of the Commonwealth; ASIC Law has the meaning given by Part 11; ASIC Law of South Australia means the provisions applying by reason of section 58; ASIC Regulations has the meaning given by Part 11; ASIC Regulations of South Australia 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 Investments Commission; Commonwealth administrative laws means the following: (a) the Administrative Appeals Tribunal Act 1975 of the Commonwealth (excluding Part IVA); (c) the Freedom of Information Act 1982 of the Commonwealth; (d) the Ombudsman Act 1976 of the Commonwealth; (e) the Privacy Act 1988 of the Commonwealth, and the provisions of the regulations in force for the time being under those Acts; Commonwealth authority means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act 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; co-operative scheme law has the meaning given by section 84; Corporations Act means the Corporations Act 1989 of the Commonwealth; Corporations Law has the meaning given by Part 3; Corporations Law of South Australia means the provisions applying by reason of section 7; Corporations Regulations has the meaning given by Part 3; Corporations Regulations of South Australia means the provisions applying by reason of section 8; corresponding law means— (a) an Act of a jurisdiction (other than South Australia) that corresponds to this Act; or (b) regulations made under such an Act; or (c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or (d) rules of court made because of such an Act; Federal Court means the Federal Court of Australia; Full Court, in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court; jurisdiction means a State or the Capital Territory; law, in relation to the Capital Territory, means a law of or in force in the Capital Territory; Minister for this jurisdiction means the Minister; modifications includes additions, omissions and substitutions; national scheme law has the meaning given by section 60; national scheme law of this jurisdiction means— (a) this Act; or (b) the Corporations Law of South Australia; or (c) the ASIC Law of South Australia; NCSC means the National Companies and Securities Commission; officer, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act; officer of the Commonwealth has the same meaning as in section 75(v) of the Constitution of the Commonwealth of Australia; State includes the Northern Territory; 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; Territory does not include the Northern Territory; this jurisdiction means South Australia. (2) In this Act, a reference to a Commonwealth Act includes a reference to— (a) that Commonwealth Act as amended and in force for the time being; and (b) an Act passed in substitution for that Act. 4—Australian Capital Territory 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. 5—This Act and applicable provisions of South Australia not to be affected by later State laws (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 South Australia. (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 South Australia. 6—Operation of other South Australian Laws Except as otherwise provided in this Act, nothing in this Act or the applicable provisions of South Australia 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 South Australia 7—Application in South Australia of the Corporations Law The Corporations Law set out in section 82 of the Corporations Act as in force immediately before the repeal of that section— (a) applies as a law of South Australia; and (b) as so applying, may be referred to as the Corporations Law of South Australia. 8—Application of regulations (1) The regulations in force immediately before the repeal of the Corporations Act under section 22 of that Act— (a) apply as regulations in force for the purposes of the Corporations Law of South Australia; and (b) as so applying, may be referred to as the Corporations Regulations of South Australia. (2) Subject to subsection (3) of this section, 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) of this section 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 South Australia 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. (4) In subsection (3)— private person means a person other than— (a) the Commonwealth, a State or the Capital Territory; or (b) an authority of the Commonwealth, of a State or of the Capital Territory. (5) Subsection (3) does not affect any other operation that the provision has because of subsection (2) or otherwise. 9—Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of South Australia In the Corporations Law, and the Corporations Regulations, of South Australia— the Minister for this jurisdiction means the Minister; this jurisdiction means South Australia. 10—Interpretation law (1) Subject to Part 1.2 of the Corporations Law of South Australia, 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 South Australia in relation to the Corporations Law, and the Corporations Regulations, of South Australia 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 Acts Interpretation Act 1915 does not apply in relation to the Corporations Law, or the Corporations Regulations, of South Australia or an application order or any other instrument made, granted or issued under that Law or those Regulations. Part 3—Citing the Corporations Law and the Corporations Regulations 11—Simpler citation of Corporations Law, and Corporations Regulations, of South Australia (1) The Corporations Law of South Australia may be referred to simply as the Corporations Law. (2) The Corporations Regulations of South Australia may be referred to simply as the Corporations Regulations. (3) This section has effect subject to section 13. 12—References to Corporations Law, and Corporations Regulations, of other jurisdictions (1) This section has effect for the purposes of an Act, a law of South Australia or an instrument made under an Act or under such a law. (2) Where a law of a jurisdiction other than South Australia that corresponds to section 7 of this Act provides that the Corporations Law set out in section 82 of the Corporations Act 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 South Australia that corresponds to section 8 of this Act provides that the regulations 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. 13—References to Corporations Law and Corporations Regulations (1) The object of this section is to help ensure that the Corporations Law of South Australia operates, so far as possible, as if that Law, together with the Corporations Law of each jurisdiction other than South Australia, 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 South Australia— (a) to be a reference to the Corporations Law, or to the Corporations Regulations, of South Australia; and (b) to include a separate reference to the Corporations Law, or to the Corporations Regulations, of each jurisdiction other than South Australia. (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. (5) In this section— instrument means— (a) an Act or an instrument made under an Act; or (b) a law of South Australia or an instrument made under such a law; or (c) an award or other industrial determination or order, or an industrial agreement; or (d) any other order (whether executive, judicial or otherwise); or (e) a notice, certificate or licence; or (f) an agreement; or (g) an application made, information laid, affidavit sworn, or warrant issued, for any purpose; or (h) an indictment, presentment, summons or writ; or (i) any other pleading in, or process issued in connection with, a legal or other proceeding; or (j) any other document whatever. Part 4—Application of the Corporations Law to the Crown 14—Interpretation 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. 15—Corporations Law of South Australia (1) Chapter 5 (except Part 5.8) of the Corporations Law of South Australia binds the Crown not only in right of the State of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in right of the Commonwealth, of each of the other States, of the Capital Territory, of the Northern Territory and of Norfolk Island. (1a) Chapters 6, 6A, 6B, 6C and 6D of the Corporations Law of South Australia— (a) bind the Crown in right of the Commonwealth so far as the legislative power of the Parliament permits; but (b) do not bind the Crown in right of the State of South Australia, of any other State, of the Capital Territory, of the Northern Territory or of Norfolk Island. (2) To avoid doubt, Chapter 7 of the Corporations Law of South Australia does not bind the Crown in right of the State of South Australia, of the Commonwealth, of any other State, of the Capital Territory, of the Northern Territory or of Norfolk Island. 16—Corporations Law of other jurisdictions Chapter 5 (except Part 5.8) of the Corporations Law of each jurisdiction other than South Australia binds the Crown in right of the State of South Australia. 17—Crown not liable to prosecution Nothing in this Part, or in the Corporations Law, renders the Crown in any right liable to be prosecuted for an offence. 18—This Part overrides the prerogative Where, because of this Part, a provision of a law of another jurisdiction binds the Crown in right of the State of South Australia, the Crown in that right is subject to that provision despite any prerogative right or privilege. Part 5—Application orders 19—Commonwealth Minister to obtain consent of State Minister Despite Part 1.3 of the Corporations Law of South Australia and section 20 of this Act, the Commonwealth Minister may only make an order under section 111A of that Law, or that section as applying because of section 20 of this Act, with the consent of the Minister for this jurisdiction. 20—Application orders for ASIC Law Part 1.3 of the Corporations Law of South Australia applies for the purposes of the ASIC Law of South Australia as if the provisions of the ASIC Law of South Australia were provisions of the Corporations Law of South Australia. Part 7—Imposition of fees and taxes 22—Fees (including taxes) for chargeable matters This section imposes the fees (including fees that are taxes) that the Corporations Regulations of South Australia prescribe. 23—Contributions and levies for fidelity funds of securities exchanges (1) This section imposes— (a) the contribution payable under section 902(1) of the Corporations Law of South Australia 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; and (b) the annual contribution payable under section 902(2) of that Law by a member of a securities exchange; and (c) any levy payable under section 904 of that Law by a member of a securities exchange. (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 South Australia. 24—Levies for National Guarantee Fund This section imposes any levy that is payable under section 938, 940 or 941 of the Corporations Law of South Australia. 25—Contributions and levies for fidelity funds of futures organisations (1) This section imposes— (a) the contribution payable under section 1234(1) of the Corporations Law of South Australia by a person who wishes to be admitted to membership of a futures organisation; and (b) the annual contribution payable under section 1234(2) of that Law by a contributing member of a futures organisation; and (c) any levy payable under section 1235 of that Law by a contributing member of a futures organisation. (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 South Australia. Part 8—National administration and enforcement of the Corporations Law Division 1—Preliminary 26—Object The object of this Part is to help ensure that— (a) the Corporations Law of South Australia, and the Corporations Law of each jurisdiction other than South Australia, 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 South Australia, and the ASIC Law of each jurisdiction other than South Australia, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth. 27—Effect of Part (1) This Part has effect subject to this Act (in particular Part 9), the Corporations Law of South Australia and the ASIC Law of South Australia. (2) Nothing in this Part limits the generality of anything else in it. Division 2—Offences against applicable provisions 28—Object (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 South Australia to be treated as if it were an offence against a law of the Commonwealth; and (b) for an offence against an applicable provision of another jurisdiction to be treated in South Australia 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)— (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) liability to make reparation in connection with offences; and (h) proceeds of crime; and (i) spent convictions. 29—Application of Commonwealth laws in relation to offences against applicable provisions (1) The Commonwealth laws apply as laws of South Australia in relation to an offence against the applicable provisions of South Australia as if those provisions were laws of the Commonwealth and were not laws of South Australia. (2) For the purposes of a law of South Australia, an offence against the applicable provisions of South Australia— (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 (b) is taken not to be an offence against the laws of South Australia. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. 30—Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions (1) The Commonwealth laws apply as laws of South Australia in relation to an offence against the applicable provisions 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 South Australia, 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 (b) is taken not to be an offence against the laws of that jurisdiction. (3) Subsection (2) has effect for the purposes of a law of South Australia 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 South Australia. 31—Functions and powers conferred on Commonwealth authorities (1) A Commonwealth law applying because of section 29 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 South Australia. (2) 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 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 South Australia. (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. (5) A Commonwealth law applying because of section 29 or 30 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2). 32—Reference in Commonwealth law to a provision of another law 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. Division 3—Administrative law 34—Object The object of this Division is to further the object of this Part by providing that the Commonwealth administrative laws— (a) apply to the applicable provisions of South Australia; and (b) apply, in South Australia, to the applicable provisions of another jurisdiction, as if the applicable provisions were those of the Capital Territory. 35—Application of Commonwealth administrative laws in relation to applicable provisions (1) The Commonwealth administrative laws apply as laws of South Australia in relation to any act, matter or thing arising under or in respect of the applicable provisions of South Australia as if those provisions were laws of the Commonwealth and were not laws of South Australia. (2) For the purposes of a law of South Australia, an act, matter or thing arising under or in respect of the applicable provisions of South Australia— (a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, 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 South Australia. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. 36—Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions (1) The Commonwealth administrative laws apply as laws of South Australia 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 South Australia, 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 Commonwealth, 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 jurisdiction. (3) Subsection (2) has effect for the purposes of a law of South Australia 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 South Australia. 36A—Construction of references to Part IVA of Administrative Appeals Tribunal Act (Cwth) For the purposes of sections 35 and 36, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdicti