Conservation Amendment Act 2012

1: Title
This Act is the Conservation Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Conservation Act 1987 2012-08-31 Conservation Act 1987
4: New sections 17ZAA and 17ZAAB inserted
The following sections are inserted after section 17Z
17ZAA: Concession may continue after application for new concession
1: This section applies if—
a: a concession is due to expire; and
b: the concessionaire applies for a new concession for the same activity; and
c: the application complies with section 17R and includes the information required by section 17S(1) and (2); and
d: the application meets the timing requirement in subsection (2) or (3)
e: the concessionaire has complied with the terms and conditions of the existing concession.
2: The application meets the timing requirement if it is made at least 6 months before the existing concession expires.
3: The application also meets the timing requirement if—
a: it is made in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
b: the Minister, in his or her discretion, allows the application to be made within that period. Minister decides to grant new concession
4: Subsection (5)
a: the Minister decides to grant the new concession; and
b: the concessionaire does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the new concession document is signed by the parties:
ii: the specified deadline is reached.
5: The concessionaire may continue to operate under the existing concession until 1 of the things described in subsection (4)(b)(i) and (ii)
6: Subsection (7)
a: the Minister decides to grant the new concession; and
b: the concessionaire applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the new concession document is signed by the parties:
ii: the specified deadline is reached.
7: The concessionaire may continue to operate under the existing concession until 1 of the following things happens:
a: the new concession document is signed by the parties:
b: the Minister completes or declines to carry out the reconsideration. Minister declines to grant new concession
8: Subsection (9)
a: the Minister declines to grant the new concession; and
b: the concessionaire does not apply for reconsideration under section 17ZJ(a) before the specified deadline.
9: The concessionaire may continue to operate under the existing concession until the specified deadline.
10: Subsection (11)
a: the Minister declines to grant the new concession; and
b: the concessionaire applies for reconsideration under section 17ZJ(a) before the specified deadline.
11: The concessionaire may continue to operate under the existing concession until the Minister completes or declines to carry out the reconsideration.
12: This section does not apply to an existing concession if section 17ZAAB Meaning of specified deadline
13: In this section, specified deadline
a: the end of the day that is 1 month after the day of the Minister's decision to grant or to decline to grant the new concession:
b: the end of any time limit for the concessionaire to apply for reconsideration under section 17ZJ that is prescribed by regulations made under section 48AA
17ZAAB: Concession may continue after process initiated under section 17ZG(2)(a)
1: This section applies if—
a: a concession is due to expire; and
b: the Minister has exercised a power under section 17ZG(2)(a) to initiate a process that relates to an application for a concession; and
c: an application by the concessionaire for a new concession for the same activity would be inconsistent with the process if the application were made when written notice is given under paragraph (d)
d: the concessionaire gives written notice to the Minister that the concessionaire wants to continue to operate under the existing concession under this section; and
e: the written notice meets the timing requirement in subsection (2) or (3)
f: the concessionaire has complied with the terms and conditions of the existing concession.
2: The written notice meets the timing requirement if it is given at least 6 months before the existing concession expires.
3: The written notice also meets the timing requirement if—
a: it is given in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
b: the Minister, in his or her discretion, allows the written notice to be given within that period.
4: The concessionaire may continue to operate under the existing concession until—
a: the Minister has decided to grant or to decline to grant a concession for each application made in accordance with the process initiated under section 17ZG(2)(a); and
b: each applicant's right to apply for reconsideration under section 17ZJ has been resolved as described in subsection (6), (8), (10), or (12) Minister decides to grant applicant's concession
5: Subsection (6)
a: the Minister decides to grant the applicant's concession; and
b: the applicant does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the concession document is signed by the parties:
ii: the specified deadline is reached.
6: The applicant's right to apply for reconsideration is resolved when 1 of the things described in subsection (5)(b)(i) and (ii)
7: Subsection (8)
a: the Minister decides to grant the applicant's concession; and
b: the applicant applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the concession document is signed by the parties:
ii: the specified deadline is reached.
8: The applicant's right to apply for reconsideration is resolved when 1 of the following things happens:
a: the concession document is signed by the parties:
b: the Minister completes or declines to carry out the reconsideration. Minister declines to grant applicant's concession
9: Subsection (10)
a: the Minister declines to grant the applicant's concession; and
b: the applicant does not apply for reconsideration under section 17ZJ(a) before the specified deadline.
10: The applicant's right to apply for reconsideration is resolved when the specified deadline is reached.
11: Subsection (12)
a: the Minister declines to grant the applicant's concession; and
b: the applicant applies for reconsideration under section 17ZJ(a) before the specified deadline.
12: The applicant's right to apply for reconsideration is resolved when the Minister completes or declines to carry out the reconsideration.
13: This section does not apply to an existing concession if section 17ZAA Meaning of specified deadline
14: In this section, specified deadline
a: the end of the day that is 1 month after the day of the Minister's decision to grant or to decline to grant the relevant applicant's concession:
b: the end of any time limit for the relevant applicant to apply for reconsideration under section 17ZJ that is prescribed by regulations made under section 48AA
5: New section 48AA inserted
The following section is inserted after section 48
48AA: Regulations prescribing time limits for applications for concessions
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing a time limit for the Minister or the applicant to do anything under Part 3B in relation to an application for a concession under Part 3B or another enactment that applies Part 3B, if Part 3B does not already prescribe a time limit for doing that thing:
b: prescribing a time limit for the Director-General to satisfy the requirement of section 49(2)(c) or (d) in relation to an application for a concession under Part 3B or another enactment that applies Part 3B:
c: providing for how a prescribed time limit may be extended (for example, at the Minister's discretion or by agreement between the Minister and the applicant):
d: providing for the extent to which a prescribed time limit may be extended:
e: providing for the consequences of not meeting a prescribed time limit or any extension of the time limit:
f: providing for any other matters relating to a prescribed time limit.
2: In this section, prescribed time limit


1: Title
This Act is the Films, Videos, and Publications Classification Amendment Act 2012.
2: Commencement
This Act comes into force on 1 October 2012.
3: Principal Act amended
This Act Films, Videos, and Publications Classification Act 1993 2012-10-01 Films, Videos, and Publications Classification Act 1993
4: Interpretation
The definition of register section 2 Register of Classification Decisions kept register of classification decisions established and maintained
5: Films to be labelled
1: Section 6(1)
b: the requirements of this Act and of any regulations made under this Act with respect to the display of that label are complied with.
2: Section 6(2)
b: the requirements of this Act and of any regulations made under this Act with respect to the display and advertising of the contents of that label are complied with.
6: Conditions relating to display of restricted publications
Section 27(4)(a)(ii) affixed to displayed on
7: When decision on publication referred by court to take effect
Section 31(d) determination decision
8: New heading above section 38 substituted
The heading above section 38 Notice of classification decisions .
9: New heading inserted above section 39
The following heading is inserted above section 39 Classification decisions made on or after 1 October 2012 .
10: New sections 39 and 40 substituted
Sections 39 40
39: Register of classification decisions made on or after 1 October 2012
1: The Chief Censor must establish and maintain a register of classification decisions made on or after 1 October 2012.
2: The register must be established and maintained in an electronic medium.
3: There must be entered in the register for each publication examined by the Classification Office or the Board the following information:
a: the decision as to the publication's classification; and
b: the date on which notice of the decision was given, under section 38(1), by the Classification Office or, under section 55(1)(c), by the Board; and
c: the date of entry of the decision in the register; and
d: such other information as may be prescribed in regulations made under section 149.
4: The information specified in subsection (3)
a: in the case of a publication examined by the Classification Office, within 5 working days after the date on which, under section 38(1), the Classification Office gives notice of its decision:
b: in the case of a publication examined by the Board, within 5 working days after the date on which, under section 55(1)(c), the Board gives notice of its decision.
5: The Chief Censor must take all reasonable steps to ensure that the information contained in the register is available at all reasonable times for inspection by the public.
6: The Chief Censor must supply to any person a paper or an electronic copy of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
40: Search criteria
1: The register must be established and maintained so that it may be searched by reference to all or any 1 or more of the following criteria:
a: the title of a publication:
b: a specified date or period of entry of decisions in the register:
c: a kind of classification.
2: The register may be established and maintained so that it may be searched by reference to any criteria additional to the criteria in subsection (1)
11: Decisions to be conclusive evidence
Section 41(2) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
12: Reconsideration of publications
Section 42(1) and (2) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
13: New heading and sections 42A to 42C inserted
The following heading and sections are inserted after section 42 Classification decisions made before 1 October 2012
42A: Register of classification decisions made before 1 October 2012
1: The Chief Censor must—
a: continue to maintain, in any form the Chief Censor considers appropriate, the register that was established under section 39 prior to the repeal and substitution of that section by section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: continue to make that register open to inspection by the public during ordinary office hours.
2: Nothing in this section prevents the Chief Censor combining—
a: the register that continues to be maintained under subsection (1)
b: the register that is established and maintained under section 39 section 10 Films, Videos, and Publications Classification Amendment Act 2012
3: If the Chief Censor combines the registers referred to in subsection (2) section 40 subsection (1)
42B: Classification Office to publish list of decisions made before 1 October 2012
1: The Classification Office must continue to—
a: keep the lists produced in accordance with section 40 prior to the repeal of that section by section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: make those lists open to inspection by the public during ordinary office hours; and
c: supply to any person on request, and on payment of a fee (if any), a copy of any such list.
2: Any fee charged under subsection (1)(c)
42C: Saving in respect of decisions made before 1 October 2012
The provisions of this Act and the Films, Videos, and Publications Classification Regulations 1994 continue to apply to decisions made by the Classification Office or Board before 1 October 2012 as if the Films, Videos, and Publications Classification Amendment Act 2012
14: Right of review
Section 47(3A) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
15: Deadline for lodging applications for review
Section 48A(a) and (b) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
16: Decision of Board
1: Section 55(1)
e: direct the Classification Office to enter the Board's decision in the register.
2: Section 55
2A: Before giving written notice of its decision under subsection (1)(c), the Board may inform the persons specified in that paragraph of—
a: the classification given to the publication under subsection (1)(a); and
b: any conditions imposed under subsection (1)(b).
3: Section 55(3) determination decision
17: Appeal against decision of Board on question of law
Section 58 determination decision
18: Notice of appeal
1: Section 59(1) of the determination the decision is given
2: Section 59
1A: For the purpose of subsection (1), a decision is given when the Board gives written notice, under section 55(1)(c), of its decision and of the reasons for its decision.
3: Section 59 determination decision
19: Appeal in respect of additional points of law
Section 62(1) determination decision
20: Orders relating to determination of appeals
Section 63(1)(b) and (c) determination decision
21: Non-compliance with labelling requirements
1: Section 120(1)(b) affixed either to it or to displayed either on it or on
2: Section 120(3) affixed to displayed on
22: Fees charged by Classification Office to be reasonable
Section 148
a: omitting section 40(4) section 39(6)
b: omitting making supplying
23: Regulations
1: Section 149(i)(i)
a: omitting affixing of such labels to display of such labels on
b: omitting to the cassettes on the cassettes
2: Section 149(i)(iii) the affixing of such labels to, or
3: Section 149
l: prescribing information to be included in the register of classification decisions: .
4: Section 149(m)
24: Decisions under Indecent Publications Act 1963
Section 152(4) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
25: Classification decisions under Video Recordings Act 1987
Section 161(5) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
26: Classification decisions under Films Act 1983
Section 168(5) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
27: Consequential amendments to Films, Videos, and Publications Classification Regulations 1994
The Films, Videos, and Publications Classification Regulations 1994 Schedule 2012-10-01 Films, Videos, and Publications Classification Regulations 1994


Fisheries Amendment Act 2012

1: Title
This Act is the Fisheries Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Fisheries Act 1996 2012-08-31 Fisheries Act 1996
4: Provisions relating to notified users of fishing vessels
1: Section 104
3: No person may be a notified user in relation to a foreign-owned New Zealand fishing vessel.
2: Section 104(5)
5: New section 302A inserted
The following section is inserted after section 302
302A: Gazette
1: The Minister may publish a notice in the Gazette
a: that revokes 1 or more notices that were given under this Act by the Minister and were required to be published in the Gazette
b: that otherwise has the same effect as the revoked notices had immediately before they were revoked.
2: The chief executive may publish a notice in the Gazette
a: that revokes 1 or more notices that were given under this Act by the chief executive and were required to be published in the Gazette
b: that otherwise has the same effect as the revoked notices had immediately before they were revoked.
3: Each part of the new notice that has the same effect as a part of a revoked notice that was given under a particular provision of this Act must be treated as having been given under that provision.
4: Any prerequisites for publication of the new notice must be treated as having been satisfied, but only to the extent that the prerequisites for publication of the revoked notices were satisfied when they were published.
5: A revoked notice continues to have effect, as if it had not been revoked, on any matter in a period to which the revoked notice applied.
6: In this section, in any particular case,— new notice
a: the notice published by the Minister under subsection (1)
b: the notice published by the chief executive under subsection (2) revoked notices
a: the 1 or more notices revoked by the Minister's new notice under subsection (1)(a)
b: the 1 or more notices revoked by the chief executive's new notice under subsection (2)(a)
6: Certain notices to have status of regulations
Section 303(2) 175, 350,
7: Validation of existing notified users
Any recognition of a person as a notified user under section 104(2)


1: Title
This Act is the Friendly Societies and Credit Unions Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Friendly Societies and Credit Unions Act 1982 2012-08-31 Friendly Societies and Credit Unions Act 1982
4: Membership of credit union, voting rights
1: Section 106(3)
2: Section 106(7) , subject to section 110(6) of this Act,
5: New section 107A inserted
The following section is inserted after section 107
107A: Credit union may offer credit union securities
1: A credit union may, if authorised by and in accordance with its rules and trust deed, offer credit union securities to members for subscription.
2: Credit union securities—
a: are transferable only between members; and
b: confer no voting rights upon holders.
3: In the event of a credit union being wound up, claims for credit union securities must not be paid until all creditors' claims and claims relating to the shares referred to in section 107 have been paid.
4: In the event of a credit union incurring losses that exceed its retained earnings and reserves, the value of the credit union securities must be written down accordingly.
5: To avoid doubt,—
a: an offer of securities under subsection (1)
b: credit union securities do not include shares under section 107.
6: Section 108 repealed
Section 108
7: New section 109 substituted
Section 109
109: Power of credit union to borrow money
A credit union may borrow money if the borrowing is authorised by, and in accordance with, its rules and trust deed.
8: New section 110 substituted
Section 110
110: Credit union may make loans to members
A credit union may make loans to members for such purposes and upon such security (or without security) and conditions as the rules of the credit union may provide either generally or specifically.
9: Section 111 repealed
Section 111
10: Credit union may hold land for limited purposes
1: The heading to section 113 for limited purposes
2: Section 113(1) , for the purpose of conducting its business thereon or therein but, subject to subsection (4) of this section, for no other purpose, , if authorised by and in accordance with its rules and trust deed,
3: Section 113(3) to (6)
11: Officers of credit union to give security
1: Section 114
2: If an officer of a credit union is required to give security in accordance with subsection (1), the officer must do so by—
a: becoming bound by 1 or more sureties in such sum as the credit union directs; or
b: giving the security of a guarantee society in such sum as the credit union directs; or
c: including a sum, agreed to by the credit union, within the risks insured by the insurance policy required under section 133.
2: Section 114(5)
12: Investment of surplus funds
1: Section 117(2) in accordance with the provisions of the Trustee Act 1956 as to the investment of trust funds if the investment is authorised by, and in accordance with, its rules and trust deed
2: Section 117(5) without the prior approval of the Registrar unless authorised by the rules of the credit union
13: New heading and sections 117A to 117D inserted
The following heading and sections are inserted after section 117 Distribution to members
117A: Meaning of distribution
1: In sections 117B to 117D distribution
a: the direct or indirect transfer of money or property to or for the benefit of the member; or
b: the incurring of a debt to or for the benefit of the member.
2: For the purposes of subsection (1)
a: the distribution must relate to credit union securities held by the member to whom the distribution is being made; and
b: a transfer may be made, or a debt incurred, by means of a purchase of property, the redemption or other acquisition of credit union securities or shares, a distribution of indebtedness, or by some other means. 1993 No 105 s 2
117B: Distribution must be authorised
A distribution must be authorised in writing by the committee, or committee of management, as the case may be, of the credit union. 2008 No 1 s 40
117C: Distribution must not be authorised unless credit union solvent
The committee, or committee of management, as the case may be, of the credit union must not authorise a distribution unless the committee is satisfied on reasonable grounds that, immediately after the distribution is made, the credit union will be solvent. 2008 No 1 s 41
117D: Solvency test
1: A credit union is solvent for the purposes of the payment of a distribution if—
a: the credit union is able to pay its debts as they become due in the normal course of business; and
b: the value of the credit union’s assets is greater than its liabilities, including its contingent liabilities.
2: In determining whether the value of the credit union’s assets is greater than its liabilities, the committee, or committee of management, as the case may be, of the credit union—
a: must have regard to all circumstances that the committee knows or ought to know affect, or may affect, the value of the credit union’s assets and the value of its liabilities, including its contingent liabilities; and
b: may rely on valuations of assets or estimates of liabilities that are reasonable in the circumstances.
3: In determining, for the purposes of this section, the value of a contingent liability, account may be taken of—
a: the likelihood of the contingency occurring; and
b: any claim that the credit union is entitled to make and can reasonably expect to be met to reduce or extinguish a contingent liability. 2008 No 1 s 42 .
14: Section 119 repealed
Section 119
15: Guarantee funds
1: Section 134(1)(a) , in the opinion of the Registrar,
2: Section 134(3) , but subject in all cases to the approval of the Registrar
3: Section 134(5) , but subject in all cases to the approval of the Registrar
4: Section 134(6)
16: Liability of members on winding up
Section 141(d) and the credit union securities referred to in section 107A unpaid on the shares
17: Registration of Association
Section 146(3)
e: sections 124 and 142.
18: Consequential revocation of Friendly Societies and Credit Unions (Limit on Shareholdings) Order 2000
The Friendly Societies and Credit Unions (Limit on Shareholdings) Order 2000 2012-08-31 Friendly Societies and Credit Unions (Limit on Shareholdings) Order 2000


Radiocommunications Amendment Act 2012

1: Title
This Act is the Radiocommunications Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Radiocommunications Act 1989 2012-08-31 Radiocommunications Act 1989
4: Modification or cancellation of spectrum licence by rightholder alone
1: Section 57(1) present to the Registrar for the purposes of registration send to the Registrar, by electronic or other means and for the purposes of registration,
2: Section 57(2)
3: Section 57
4: As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the manager who has the management rights in relation to the frequency band or frequency bands within which it is permitted to transmit under the spectrum licence.
5: Modification or cancellation of spectrum licence by manager alone
1: Section 57A(1) present to the Registrar for the purposes of registration send to the Registrar, by electronic or other means and for the purposes of registration,
2: Section 57A(2)
3: Section 57A
4: As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder.
6: Recovery of fees
1: Section 136(3)(b) presenting to the Registrar for the purposes of registration sending to the Registrar, by electronic or other means and for the purposes of registration,
2: Section 136(4)
3: Section 136
6: As soon as practicable after receiving a notice under subsection (3)(b), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder.
7: Consequential amendment to regulations
1: This section amends the Radiocommunications Regulations 2001
2: The Schedule
3: Form 10 2012-08-31 Radiocommunications Regulations 2001


1: Title
This Act is the Registered Architects Amendment Act 2012.
2: Commencement
This Act comes into force 1 year after the date on which it receives the Royal assent unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
3: Principal Act amended
This Act amends the Registered Architects Act 2005 2013-08-30 Registered Architects Act 2005 Amendments to principal Act
4: Complaints about registered architects
Section 24
2: As soon as practicable after receiving a complaint, the Board must—
a: decide whether to proceed with the complaint in accordance with the rules; and
b: if it decides to proceed with the complaint, appoint 1 or more persons in accordance with the rules to investigate, and report on, the complaint; and
c: determine the complaint in accordance with the rules after considering the report of that investigator or of those investigators (as the case may be).
5: Board must make rules relating to registered architects
Section 67(2)
j: how complaints about the conduct of registered architects or former registered architects must be dealt with, including—
i: the procedure for appointing a person or persons to investigate, and report on, a complaint:
ii: the requirement that at least 1 person appointed for the purpose specified in subparagraph (i)
iii: the procedure of the Board in determining a complaint:
k: how a matter about the conduct of registered architects or former registered architects that is raised by the Board's own inquiries must be dealt with:
l: how decisions on a complaint or inquiry must be implemented. Transitional provision
6: Complaints made to Board
A complaint made to the Board about the conduct of a registered architect or a former registered architect before the commencement of this Act that had not been finally dealt with before the commencement of this Act must be dealt with by the Board as if this Act had not been enacted.


Unit Trusts Amendment Act 2012

1: Title
This Act is the Unit Trusts Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Unit Trusts Act 1960 2012-08-31 Unit Trusts Act 1960
4: New sections 11 to 11B substituted
Section 11
11: Obligation to make specified information available to unit holders
1: The manager of a unit trust (other than a manager referred to in subsection (2)
a: a copy of—
i: the audited statement of accounts in respect of the trust; and
ii: a statement summarising all amendments to the trust deed that have been made since the date of the last statement; or
b: a notice containing the statements specified in subsection (3)
2: The manager of a unit trust that is an issuer (as defined in section 4(1) of the Financial Reporting Act 1993) must, annually, send to every unit holder—
a: a copy of—
i: the financial statements registered under the Financial Reporting Act 1993 in respect of the trust; and
ii: the auditor's report on those statements; and
iii: a statement summarising all amendments to the trust deed that have been made since the date of the last statement; or
b: a notice containing the statements specified in subsection (3)
3: The notice referred to in subsection (1)(b) or (2)(b)
a: a statement to the effect that the unit holder has a right to receive from the manager, free of charge, a copy of the information specified in subsection (1)(a) or (2)(a) specified information
b: a statement to the effect that the unit holder may obtain a copy of the specified information by electronic means; and
c: a statement as to how the unit holder may obtain a copy of the specified information by electronic means (for example, from a specified Internet site).
4: The notice may be accompanied by any additional information or documentation that the manager thinks fit.
11A: Manager must send copy of specified information on request
1: If the manager has sent a notice to a unit holder under section 11(1)(b) or (2)(b)
2: If a unit holder makes a request under subsection (1)
a: the request must be treated as a request for the manager to send to the unit holder each year a copy of the specified information under section 11(1)(a) or (2)(a)
b: the manager must send to the unit holder each year a copy of the specified information under section 11(1)(a) or (2)(a)
11B: Specified information made available by electronic means
If the manager has sent a notice to a unit holder under section 11(1)(b) or (2)(b)
a: a copy of the specified information is available in the manner described in section 11(3)(c) section 11(1) or 11(2)
b: the manner described in the notice under section 11(3)(c)
5: Offences
Section 25(2) 11A, 11B, 11,
6: Consequential amendment to Securities Regulations 2009
1: This section amends the Securities Regulations 2009
2: Paragraph (c)(i) of the definition of latest financial statements regulation 6(5) that were sent under section 11 made available under sections 11 to 11B 2012-08-31 Securities Regulations 2009


Statistics Amendment Act 2012

1: Title
This Act is the Statistics Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Statistics Act 1975 2012-08-31 Statistics Act 1975
4: Disclosure of individual schedules to other government departments for bona fide research or statistical purposes
1: The heading to section 37C to other government departments
2: Section 37C
1: Despite section 37, the Statistician may disclose individual schedules to any person if—
a: the information contained in the schedules is to be used by that person solely for bona fide research or statistical purposes in relation to a matter of public interest; and
b: the Statistician is satisfied that the person has the necessary research experience, knowledge, and skills to access and use the information contained in the schedules; and
c: the disclosure is not prevented by subsection (2)
2: An individual schedule must not be disclosed under this section unless—
a: the name and address of the person or undertaking by whom or by which the schedule was supplied are deleted; and
b: every person involved in the research or statistical project has made a statutory declaration of secrecy (similar to that prescribed in section 21) declaring that the schedule or any information contained in it will be used only for the purposes of that research or statistical project; and
c: the Statistician is satisfied that the security of the schedule and any information contained in it will not be impaired.
3: Section 37C
4: Every person to whom individual schedules are disclosed under this section must—
a: use the schedules and the information contained in them only for the purposes of the research or statistical project; and
b: comply with any directions given by the Statistician relating to the schedules and the information contained in them.
5: New section 45A inserted
The following section is inserted after section 45
45A: Offence to use information for unauthorised purpose or fail to comply with directions
1: Every person to whom individual schedules are disclosed under section 37C commits an offence who knowingly contravenes—
a: section 37C(4)(a)
b: section 37C(4)(b)
2: A person who commits an offence against subsection (1)


Takeovers Amendment Act 2012

1: Title
This Act is the Takeovers Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Takeovers Act 1993 takeovers code 2012-08-31 Takeovers Act 1993
4: Interpretation
Section 2(1) code company code company section 2A .
5: New section 2A inserted
The following section is inserted after section 2
2A: Meaning of code company
1: Code company
a: is a party to a listing agreement with a registered exchange and that has securities that confer voting rights quoted on the registered exchange's securities market; or
b: was within paragraph (a)
c: has 50 or more shareholders and 50 or more share parcels.
2: However, if, as a result of a transaction or an event regulated under the code, a company that previously satisfied subsection (1)(c)
3: In this section, shareholder
6: Powers of division
Section 7C
3: A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members of a division is as valid and effectual as if it had been passed at a meeting of that division duly called and constituted.
4: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
7: Consequential amendments to Takeovers Code
Sections 8 9 Takeovers Code code 2012-08-31 Takeovers Code
8: Interpretation
1: Rule 3(1) code company code company rule 3A .
2: Rule 3(3)
9: New rule 3A inserted
The following rule is inserted after rule 3
3A: Meaning of code company
1: Code company
a: is a party to a listing agreement with a registered exchange and that has securities that confer voting rights quoted on the registered exchange's securities market; or
b: was within paragraph (a)
c: has 50 or more shareholders and 50 or more share parcels.
2: However, if, as a result of a transaction or an event regulated under this code, a company that previously satisfied subclause (1)(c)
3: In this rule, shareholder
4: The definition of code company
10: Consequential amendments to Companies Act 1993
1: This section amends the Companies Act 1993
2: Paragraph (j) of Schedule 4 section 2 section 2A
3: The last paragraph of the notes to Schedule 4 2012-08-31 Companies Act 1993