{"id":"qld:act-2020-018","name":"Co-operatives National Law Act 2020","slug":"co-operatives-national-law-act-2020","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"18 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174709,"registerId":"qld-qld:act-2020-018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Co-operatives National Law Act 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nCo-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .\nCo-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) .\nCo-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) .\nlocal regulation means a regulation made under section 27 .\nnational regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 .\npublic trustee means the public trustee under the Public Trustee Act 1978 .\nRegistrar see section 7 .\nthis jurisdiction see section 7 .\nA term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.\n(sec.3-ssec.1) In this Act— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) . Co-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) . Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) . local regulation means a regulation made under section 27 . national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 . public trustee means the public trustee under the Public Trustee Act 1978 . Registrar see section 7 . this jurisdiction see section 7 .\n(sec.3-ssec.2) A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application of Co-operatives National Law","content":"# Application of Co-operatives National Law","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application as law of this jurisdiction","content":"### sec.4 Application as law of this jurisdiction\n\nThe Co-operatives National Law—\napplies as a law of this jurisdiction with the modifications set out in this part; and\nas so applying, may be referred to as the Co-operatives National Law (Queensland) ; and\napplies as if it were an Act.\nThe National Regulations under the Co-operatives National Law, as in force from time to time—\napply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) —\nas modified by a local regulation; and\nsubject to section 6 ; and\nas so applying, may be referred to as the Co-operatives National Regulation (Queensland) .\nFor consolidated reprints of the Co-operatives National Law and National Regulations as they apply in Queensland, see the Co-operatives National Law (Queensland) and the Co-operatives National Regulation (Queensland) .\n(sec.4-ssec.1) The Co-operatives National Law— applies as a law of this jurisdiction with the modifications set out in this part; and as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and applies as if it were an Act.\n(sec.4-ssec.2) The National Regulations under the Co-operatives National Law, as in force from time to time— apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — as modified by a local regulation; and subject to section 6 ; and as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .\n- (a) applies as a law of this jurisdiction with the modifications set out in this part; and\n- (b) as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and\n- (c) applies as if it were an Act.\n- (a) apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — (i) as modified by a local regulation; and (ii) subject to section 6 ; and\n- (i) as modified by a local regulation; and\n- (ii) subject to section 6 ; and\n- (b) as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .\n- (i) as modified by a local regulation; and\n- (ii) subject to section 6 ; and","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.5 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 —\nthe Acts Interpretation Act 1954 ;\nthe Legislative Standards Act 1992 ;\nthe Statutory Instruments Act 1992 .\nThe Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.\n(sec.5-ssec.1) The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 — the Acts Interpretation Act 1954 ; the Legislative Standards Act 1992 ; the Statutory Instruments Act 1992 .\n(sec.5-ssec.2) The Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.\n- (a) the Acts Interpretation Act 1954 ;\n- (b) the Legislative Standards Act 1992 ;\n- (c) the Statutory Instruments Act 1992 .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"### sec.6 Parliamentary scrutiny of national regulations\n\nThe Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if—\na reference in those sections to subordinate legislation were a reference to a national regulation; and\nthe reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .\nGenerally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.\nA committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\nFor subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.\nIf a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.\n(sec.6-ssec.1) The Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if— a reference in those sections to subordinate legislation were a reference to a national regulation; and the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) . Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.\n(sec.6-ssec.2) A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\n(sec.6-ssec.3) For subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.\n(sec.6-ssec.4) If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.\n- (a) a reference in those sections to subordinate legislation were a reference to a national regulation; and\n- (b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Meaning of particular terms for Co-operatives National Law (Queensland)","content":"## Meaning of particular terms for Co-operatives National Law (Queensland)","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of particular terms","content":"### sec.7 Meaning of particular terms\n\nIn the Co-operatives National Law (Queensland) —\npolice officer means a police officer within the meaning of the Police Service Administration Act 1990 .\ns 7 def police officer amd 2023 No. 7 s 68 s ch 1 pt 2\npublic sector official means a public service employee under the Public Sector Act 2022 , section 13 .\ns 7 def public sector official amd 2022 No. 34 s 365 sch 3\nRegistrar means the chief executive as the Registrar of Co-operatives in relation to this jurisdiction under section 8 .\nthis jurisdiction means Queensland.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Registrar of Co-operatives","content":"### sec.8 Registrar of Co-operatives\n\nThe chief executive is designated as the Registrar of Co-operatives in relation to this jurisdiction.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Designated authority","content":"### sec.9 Designated authority\n\nThe chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —\nsection 15 ;\nsection 492 ;\nsection 494 ;\nsection 601 ;\nsection 622 .\nA magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .\nThe Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .\ns 9 amd 2021 No. 7 s 4\n(sec.9-ssec.1) The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 15 ; section 492 ; section 494 ; section 601 ; section 622 .\n(sec.9-ssec.2) A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .\n(sec.9-ssec.3) The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .\n- (a) section 15 ;\n- (b) section 492 ;\n- (c) section 494 ;\n- (d) section 601 ;\n- (e) section 622 .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Designated instrument","content":"### sec.10 Designated instrument\n\nA notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —\nsection 33 (1) ;\nsection 35 (5) (a) and (b) ;\nsection 60 (2) ;\nsection 71 (1) ;\nsection 92 (6) ;\nsection 221 (1) ;\nsection 226 (6) ;\nsection 316 (1) ;\nsection 317 (1) ;\nsection 319 (1) ;\nsection 320 (1) ;\nsection 322 (1) ;\nsection 338 (6) ;\nsection 343 (10) ;\nsection 359 (3) ;\nsection 363 (2) ;\nsection 372 (1) ;\nsection 380 (1) ;\nsection 397 (4) ;\nsection 401 (7) ;\nsection 607 (3) .\nA local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —\nsection 171 (1) ;\nsection 404 (4) ;\nsection 445 (3) .\nA notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .\nIn this section—\nQueensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n(sec.10-ssec.1) A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 33 (1) ; section 35 (5) (a) and (b) ; section 60 (2) ; section 71 (1) ; section 92 (6) ; section 221 (1) ; section 226 (6) ; section 316 (1) ; section 317 (1) ; section 319 (1) ; section 320 (1) ; section 322 (1) ; section 338 (6) ; section 343 (10) ; section 359 (3) ; section 363 (2) ; section 372 (1) ; section 380 (1) ; section 397 (4) ; section 401 (7) ; section 607 (3) .\n(sec.10-ssec.2) A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 171 (1) ; section 404 (4) ; section 445 (3) .\n(sec.10-ssec.3) A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .\n(sec.10-ssec.4) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n- (a) section 33 (1) ;\n- (b) section 35 (5) (a) and (b) ;\n- (c) section 60 (2) ;\n- (d) section 71 (1) ;\n- (e) section 92 (6) ;\n- (f) section 221 (1) ;\n- (g) section 226 (6) ;\n- (h) section 316 (1) ;\n- (i) section 317 (1) ;\n- (j) section 319 (1) ;\n- (k) section 320 (1) ;\n- (l) section 322 (1) ;\n- (m) section 338 (6) ;\n- (n) section 343 (10) ;\n- (o) section 359 (3) ;\n- (p) section 363 (2) ;\n- (q) section 372 (1) ;\n- (r) section 380 (1) ;\n- (s) section 397 (4) ;\n- (t) section 401 (7) ;\n- (u) section 607 (3) .\n- (a) section 171 (1) ;\n- (b) section 404 (4) ;\n- (c) section 445 (3) .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Designated tribunal","content":"### sec.11 Designated tribunal\n\nThe Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.\nQCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .\n(sec.11-ssec.1) The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.\n(sec.11-ssec.2) QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Modifications of Co-operatives National Law for this jurisdiction","content":"## Modifications of Co-operatives National Law for this jurisdiction","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Operation of division","content":"### sec.12 Operation of division\n\nThis division modifies the Co-operatives National Law for the purposes of applying the modified Co-operatives National Law as a law of this jurisdiction under section 4 .","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Modification of s 220 (Name to include certain matter)","content":"### sec.13 Modification of s 220 (Name to include certain matter)\n\nSection 220 , after subsection (6) —\ninsert—\nThe Registrar may, by written notice given to an entity, exempt the entity from subsection (4) if the Registrar is satisfied the entity is trading or carrying on business for:\nthe purpose of promoting the economic interests of its members in accordance with co-operative principles; or\na charitable purpose.\nAn exemption given under subsection (6A) :\nmay be given subject to conditions; and\nhas effect for the period stated in the exemption, unless it is earlier revoked.\nIf the Registrar gives an entity an exemption under subsection (6A) :\nsubsection (4) does not apply in relation to the entity while the exemption is in effect; and\nthe Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.\nFor subsections (6A) and (6C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.\nSubsections (6A) to (6D) are additional Queensland provisions.\n(sec.13-frag-ssec.6A) The Registrar may, by written notice given to an entity, exempt the entity from subsection (4) if the Registrar is satisfied the entity is trading or carrying on business for: the purpose of promoting the economic interests of its members in accordance with co-operative principles; or a charitable purpose.\n(sec.13-frag-ssec.6B) An exemption given under subsection (6A) : may be given subject to conditions; and has effect for the period stated in the exemption, unless it is earlier revoked.\n(sec.13-frag-ssec.6C) If the Registrar gives an entity an exemption under subsection (6A) : subsection (4) does not apply in relation to the entity while the exemption is in effect; and the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.\n(sec.13-frag-ssec.6D) For subsections (6A) and (6C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.\n- (a) the purpose of promoting the economic interests of its members in accordance with co-operative principles; or\n- (b) a charitable purpose.\n- (a) may be given subject to conditions; and\n- (b) has effect for the period stated in the exemption, unless it is earlier revoked.\n- (a) subsection (4) does not apply in relation to the entity while the exemption is in effect; and\n- (b) the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Modification of s 225 (Restriction on use of word co-operative or similar words)","content":"### sec.14 Modification of s 225 (Restriction on use of word co-operative or similar words)\n\nSection 225 , after subsection (1) —\ninsert—\nThe Registrar may, by written notice given to an entity, exempt the entity from subsection (1) .\nAn exemption given under subsection (1A) :\nmay be given subject to conditions; and\nhas effect for the period stated in the exemption, unless it is earlier revoked.\nIf the Registrar gives an entity an exemption under subsection (1A) :\nsubsection (1) does not apply in relation to the entity while the exemption is in effect; and\nthe Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.\nFor subsections (1A) and (1C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.\nSubsections (1A) to (1D) are additional Queensland provisions.\n(sec.14-frag-ssec.1A) The Registrar may, by written notice given to an entity, exempt the entity from subsection (1) .\n(sec.14-frag-ssec.1B) An exemption given under subsection (1A) : may be given subject to conditions; and has effect for the period stated in the exemption, unless it is earlier revoked.\n(sec.14-frag-ssec.1C) If the Registrar gives an entity an exemption under subsection (1A) : subsection (1) does not apply in relation to the entity while the exemption is in effect; and the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.\n(sec.14-frag-ssec.1D) For subsections (1A) and (1C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.\n- (a) may be given subject to conditions; and\n- (b) has effect for the period stated in the exemption, unless it is earlier revoked.\n- (a) subsection (1) does not apply in relation to the entity while the exemption is in effect; and\n- (b) the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Modification of sch 4 (Miscellaneous provisions relating to interpretation)","content":"### sec.15 Modification of sch 4 (Miscellaneous provisions relating to interpretation)\n\nSchedule 4 , clause 4, after subclause (5)—\ninsert—\nHowever, an editor’s note included in this Law does not form part of this Law.\nFor interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland.\nIn this section—\nCo-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .\nSubsections (6) to (8) are additional Queensland provisions.\nSchedule 4 , Part 8 —\nomit.\n(sec.15-ssec.1) Schedule 4 , clause 4, after subclause (5)— insert— However, an editor’s note included in this Law does not form part of this Law. For interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland. In this section— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) . Subsections (6) to (8) are additional Queensland provisions.\n(sec.15-ssec.1-frag-ssec.6) However, an editor’s note included in this Law does not form part of this Law.\n(sec.15-ssec.1-frag-ssec.7) For interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland.\n(sec.15-ssec.1-frag-ssec.8) In this section— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .\n(sec.15-ssec.2) Schedule 4 , Part 8 — omit.","sortOrder":19},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Provisions specific to this jurisdiction","content":"## Provisions specific to this jurisdiction","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of various provisions of Corporations Act —offences by officers of co-operatives","content":"### sec.16 Application of various provisions of Corporations Act —offences by officers of co-operatives\n\nFor the following provisions of the Co-operatives National Law (Queensland) , 1 July 2001 is specified—\nsection 201 (b) ;\nsection 444 (3) (k) ;\nsection 451 (1) (f) .\n- (a) section 201 (b) ;\n- (b) section 444 (3) (k) ;\n- (c) section 451 (1) (f) .","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Disposal of consideration for shares compulsorily acquired","content":"### sec.17 Disposal of consideration for shares compulsorily acquired\n\nFor the Co-operatives National Law (Queensland) , section 436 (3) (b) (i) , paying the amount to the public trustee as unclaimed money is specified.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Application of Corporations Act —deregistration","content":"### sec.18 Application of Corporations Act —deregistration\n\nFor the Co-operatives National Law (Queensland) , section 453 (d) , the State of Queensland is specified.\nFor the Co-operatives National Law (Queensland) , section 453 (e) , crediting the amount to an account in accordance with the Financial Accountability Act 2009 is specified.\n(sec.18-ssec.1) For the Co-operatives National Law (Queensland) , section 453 (d) , the State of Queensland is specified.\n(sec.18-ssec.2) For the Co-operatives National Law (Queensland) , section 453 (e) , crediting the amount to an account in accordance with the Financial Accountability Act 2009 is specified.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Costs of inquiry","content":"### sec.19 Costs of inquiry\n\nFor the Co-operatives National Law (Queensland) , section 530 (3) (b) , the State of Queensland is prescribed.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Secrecy","content":"### sec.20 Secrecy\n\nFor the Co-operatives National Law (Queensland) , section 537 (4) (c) , the following persons are specified—\nthe Minister responsible for administering the Financial Accountability Act 2009 ;\nthe Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ;\nthe Queensland Auditor-General under the Auditor-General Act 2009 .\nAlso, the Crime and Corruption Commission is specified for the Co-operatives National Law (Queensland) , section 537 (4) (c) in relation to particular information if—\nthe Registrar received a written request for the information from the commission; and\nthe Minister and the Registrar approve, in writing, the giving of the information to the commission.\nFor the Co-operatives National Law (Queensland) , section 537 (6) , definition former Act , the repealed Cooperatives Act 1997 is specified.\n(sec.20-ssec.1) For the Co-operatives National Law (Queensland) , section 537 (4) (c) , the following persons are specified— the Minister responsible for administering the Financial Accountability Act 2009 ; the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ; the Queensland Auditor-General under the Auditor-General Act 2009 .\n(sec.20-ssec.2) Also, the Crime and Corruption Commission is specified for the Co-operatives National Law (Queensland) , section 537 (4) (c) in relation to particular information if— the Registrar received a written request for the information from the commission; and the Minister and the Registrar approve, in writing, the giving of the information to the commission.\n(sec.20-ssec.3) For the Co-operatives National Law (Queensland) , section 537 (6) , definition former Act , the repealed Cooperatives Act 1997 is specified.\n- (a) the Minister responsible for administering the Financial Accountability Act 2009 ;\n- (b) the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ;\n- (c) the Queensland Auditor-General under the Auditor-General Act 2009 .\n- (a) the Registrar received a written request for the information from the commission; and\n- (b) the Minister and the Registrar approve, in writing, the giving of the information to the commission.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Pecuniary penalty orders","content":"### sec.21 Pecuniary penalty orders\n\nFor the Co-operatives National Law (Queensland) , section 556 (2) , a pecuniary penalty that a person is ordered to pay in this jurisdiction under section 556 (1) of that Law—\nis a debt payable by the person to the State of Queensland; and\nmay be recovered from the person by the State as a debt payable to the State of Queensland.\n- (a) is a debt payable by the person to the State of Queensland; and\n- (b) may be recovered from the person by the State as a debt payable to the State of Queensland.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Disposal of records by Registrar","content":"### sec.22 Disposal of records by Registrar\n\nFor the Co-operatives National Law (Queensland) , section 603 , the Public Records Act 2023 is specified.\ns 22 amd 2023 No. 33 s 107 sch 4","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Registration fees","content":"### sec.23 Registration fees\n\nDespite any other Act, a fee must not be charged under an Act for the registration of an instrument in relation to a transfer of property under the Co-operatives National Law (Queensland) , section 413 or 481 in relation to—\na merger of co-operatives, or a transfer of engagements of a co-operative, under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 1 or chapter 5 , part 5.5 ; or\na transfer of incorporation under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 .\n- (a) a merger of co-operatives, or a transfer of engagements of a co-operative, under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 1 or chapter 5 , part 5.5 ; or\n- (b) a transfer of incorporation under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Exclusion of bodies","content":"### sec.24 Exclusion of bodies\n\nFor the Co-operatives National Law (Queensland) , section 623 , the Co-operatives National Law (Queensland) does not apply to a society registered as a cooperative housing society under the Financial Intermediaries Act 1996 .","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Offence proceedings","content":"### sec.25 Offence proceedings\n\nA proceeding for an offence against this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) is a summary proceeding under the Justices Act 1886 .\nA proceeding mentioned in subsection (1) —\nmust be started within 5 years after the offence is committed; and\nmay be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.\n(sec.25-ssec.1) A proceeding for an offence against this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) is a summary proceeding under the Justices Act 1886 .\n(sec.25-ssec.2) A proceeding mentioned in subsection (1) — must be started within 5 years after the offence is committed; and may be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.\n- (a) must be started within 5 years after the offence is committed; and\n- (b) may be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Proceedings for recovery of fines and penalties under rules of co-operative","content":"### sec.26 Proceedings for recovery of fines and penalties under rules of co-operative\n\nThis section applies in relation to a fine or penalty imposed on a person under the rules of a co-operative for an infringement of the rules.\nA proceeding for the recovery of the fine or penalty may be brought only by the co-operative.\n(sec.26-ssec.1) This section applies in relation to a fine or penalty imposed on a person under the rules of a co-operative for an infringement of the rules.\n(sec.26-ssec.2) A proceeding for the recovery of the fine or penalty may be brought only by the co-operative.","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Regulation-making power","content":"# Regulation-making power","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Regulation-making power","content":"### sec.27 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nmodify the application of a national regulation in this jurisdiction; or\nif a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or\nprescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or\nprovide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or\nimpose a penalty of no more than 20 penalty units for contravention of a regulation.\n(sec.27-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.27-ssec.2) Without limiting subsection (1) , a regulation may— modify the application of a national regulation in this jurisdiction; or if a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or prescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or provide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or impose a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) modify the application of a national regulation in this jurisdiction; or\n- (b) if a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or\n- (c) prescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or\n- (d) provide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or\n- (e) impose a penalty of no more than 20 penalty units for contravention of a regulation.","sortOrder":33},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Repeal","content":"### sec.28 Repeal\n\nThe Cooperatives Act 1997 , No. 39 is repealed.","sortOrder":35},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional and saving provisions for repealed Cooperatives Act 1997","content":"# Transitional and saving provisions for repealed Cooperatives Act 1997","sortOrder":36},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Definitions for part","content":"### sec.29 Definitions for part\n\nIn this part—\ncooperative means a cooperative under the repealed Act.\ncorresponding Law provision , for a provision of the repealed Act, means a provision of the Law that is equivalent to, or substantially the same as, the provision of the repealed Act.\nthe Law means the Co-operatives National Law (Queensland).\nrepealed Act means the repealed Cooperatives Act 1997.","sortOrder":38},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"General transitional and saving provisions","content":"## General transitional and saving provisions","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Existing cooperatives continue as co-operatives under the Law","content":"### sec.30 Existing cooperatives continue as co-operatives under the Law\n\nThis section applies in relation to a body that, immediately before the commencement, was registered as a cooperative under the repealed Act.\nThe body is taken to be registered as a co-operative under the Law.\nWithout limiting subsection (2)—\nif, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or\nif, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or\nif, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group.\nSee also schedule 3, section 2 of the Law in relation to a foreign co-operative registered under the repealed Act immediately before the commencement.\nThe body’s certificate of registration under the repealed Act continues in effect and is taken to be a certificate of registration under the Law.\nThe body’s disclosure statement under the repealed Act continues in effect and is taken to be its disclosure statement under the Law.\nA person or body that was a member of the cooperative under the repealed Act immediately before the commencement continues to be a member of the co-operative under the Law.\nA resolution made by the cooperative under the repealed Act that is in effect immediately before the commencement continues in effect as if it were made under the Law.\n(sec.30-ssec.1) This section applies in relation to a body that, immediately before the commencement, was registered as a cooperative under the repealed Act.\n(sec.30-ssec.2) The body is taken to be registered as a co-operative under the Law.\n(sec.30-ssec.3) Without limiting subsection (2)— if, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or if, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or if, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group. See also schedule 3, section 2 of the Law in relation to a foreign co-operative registered under the repealed Act immediately before the commencement.\n(sec.30-ssec.4) The body’s certificate of registration under the repealed Act continues in effect and is taken to be a certificate of registration under the Law.\n(sec.30-ssec.5) The body’s disclosure statement under the repealed Act continues in effect and is taken to be its disclosure statement under the Law.\n(sec.30-ssec.6) A person or body that was a member of the cooperative under the repealed Act immediately before the commencement continues to be a member of the co-operative under the Law.\n(sec.30-ssec.7) A resolution made by the cooperative under the repealed Act that is in effect immediately before the commencement continues in effect as if it were made under the Law.\n- (a) if, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or\n- (b) if, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or\n- (c) if, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"General transitional and saving provision","content":"### sec.31 General transitional and saving provision\n\nFor applying the Law—\nanything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and\nsomething may be done under a corresponding Law provision if—\nbefore the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and\non the commencement, the period within which the thing was required or permitted to be done has not passed; and\nthe appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and\na thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and\na reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.\nThe Law applies for the purpose of subsection (1) with necessary changes.\nThis section does not limit another section of this part.\n(sec.31-ssec.1) For applying the Law— anything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and something may be done under a corresponding Law provision if— before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and on the commencement, the period within which the thing was required or permitted to be done has not passed; and the appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and a thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and a reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.\n(sec.31-ssec.2) The Law applies for the purpose of subsection (1) with necessary changes.\n(sec.31-ssec.3) This section does not limit another section of this part.\n- (a) anything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and\n- (b) something may be done under a corresponding Law provision if— (i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and (ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and\n- (i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and\n- (ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and\n- (c) the appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and\n- (d) a thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and\n- (e) a reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.\n- (i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and\n- (ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and","sortOrder":41},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Formation","content":"## Formation","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Formation meetings held under the repealed Act, s 16","content":"### sec.32 Formation meetings held under the repealed Act, s 16\n\nThis section applies if—\nbefore the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and\nimmediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.\nThe formation meeting is taken to have been held under chapter 2, part 2.1, division 2 of the Law.\nA decision made at the formation meeting to authorise a person to apply for registration of the proposed cooperative under the repealed Act is taken to be a decision to authorise a person to apply for registration of the proposed co-operative under the Law.\n(sec.32-ssec.1) This section applies if— before the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.\n(sec.32-ssec.2) The formation meeting is taken to have been held under chapter 2, part 2.1, division 2 of the Law.\n(sec.32-ssec.3) A decision made at the formation meeting to authorise a person to apply for registration of the proposed cooperative under the repealed Act is taken to be a decision to authorise a person to apply for registration of the proposed co-operative under the Law.\n- (a) before the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and\n- (b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Formation meetings held under the repealed Act, s 23","content":"### sec.33 Formation meetings held under the repealed Act, s 23\n\nThis section applies if—\nbefore the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and\nimmediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.\nThe formation meeting is taken to have been held under section 30 of the Law.\nA special resolution made at the meeting approving the proposed registration is taken to be a special resolution approving registration as a co-operative under the Law.\n(sec.33-ssec.1) This section applies if— before the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and immediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.\n(sec.33-ssec.2) The formation meeting is taken to have been held under section 30 of the Law.\n(sec.33-ssec.3) A special resolution made at the meeting approving the proposed registration is taken to be a special resolution approving registration as a co-operative under the Law.\n- (a) before the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and\n- (b) immediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Existing approvals of disclosure statements","content":"### sec.34 Existing approvals of disclosure statements\n\nThis section applies if—\nbefore the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and\nimmediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.\nThe approval continues in effect and is taken to be an approval of a formation disclosure statement given under section 25 of the Law.\n(sec.34-ssec.1) This section applies if— before the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.\n(sec.34-ssec.2) The approval continues in effect and is taken to be an approval of a formation disclosure statement given under section 25 of the Law.\n- (a) before the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and\n- (b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Draft disclosure statement submitted before commencement","content":"### sec.35 Draft disclosure statement submitted before commencement\n\nThis section applies if—\nbefore the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and\nimmediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.\nSection 17 of the repealed Act continues to apply in relation to the draft disclosure statement as if that Act had not been repealed.\nIf the registrar approves, or is taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act, the approval is taken to be an approval of a formation disclosure statement given under section 25 of the Law.\n(sec.35-ssec.1) This section applies if— before the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and immediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.\n(sec.35-ssec.2) Section 17 of the repealed Act continues to apply in relation to the draft disclosure statement as if that Act had not been repealed.\n(sec.35-ssec.3) If the registrar approves, or is taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act, the approval is taken to be an approval of a formation disclosure statement given under section 25 of the Law.\n- (a) before the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and\n- (b) immediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Existing approvals of rules","content":"### sec.36 Existing approvals of rules\n\nThis section applies if—\nbefore the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and\nimmediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.\nThe approval continues in effect and is taken to be an approval of rules given under section 24 of the Law.\n(sec.36-ssec.1) This section applies if— before the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.\n(sec.36-ssec.2) The approval continues in effect and is taken to be an approval of rules given under section 24 of the Law.\n- (a) before the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and\n- (b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Draft rules submitted before commencement","content":"### sec.37 Draft rules submitted before commencement\n\nThis section applies if—\nbefore the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and\nimmediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.\nSection 18 of the repealed Act continues to apply in relation to the draft rules as if that Act had not been repealed.\nIf the registrar approves rules for the proposed cooperative under section 18 of the repealed Act, the approval is taken to be an approval of rules given under section 24 of the Law.\n(sec.37-ssec.1) This section applies if— before the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and immediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.\n(sec.37-ssec.2) Section 18 of the repealed Act continues to apply in relation to the draft rules as if that Act had not been repealed.\n(sec.37-ssec.3) If the registrar approves rules for the proposed cooperative under section 18 of the repealed Act, the approval is taken to be an approval of rules given under section 24 of the Law.\n- (a) before the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and\n- (b) immediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Existing applications for registration of proposed cooperatives","content":"### sec.38 Existing applications for registration of proposed cooperatives\n\nThis section applies if—\nbefore the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and\nimmediately before the commencement, the registrar had not decided the application.\nPart 2 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.\nIf the registrar decides that the registrar is satisfied the requirements for registration for the application have been met—\nthe registrar must register the proposed cooperative as a co-operative under the Law; and\nthe Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.\nIn this section—\nrequirements for registration means—\nfor an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or\nfor an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.\n(sec.38-ssec.1) This section applies if— before the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and immediately before the commencement, the registrar had not decided the application.\n(sec.38-ssec.2) Part 2 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.\n(sec.38-ssec.3) If the registrar decides that the registrar is satisfied the requirements for registration for the application have been met— the registrar must register the proposed cooperative as a co-operative under the Law; and the Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.\n(sec.38-ssec.4) In this section— requirements for registration means— for an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or for an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.\n- (a) before the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and\n- (b) immediately before the commencement, the registrar had not decided the application.\n- (a) the registrar must register the proposed cooperative as a co-operative under the Law; and\n- (b) the Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.\n- (a) for an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or\n- (b) for an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Existing applications to QCAT","content":"### sec.39 Existing applications to QCAT\n\nThis section applies if—\nbefore the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and\nimmediately before the commencement, QCAT had not finished dealing with the application.\nQCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\nA decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n(sec.39-ssec.1) This section applies if— before the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and immediately before the commencement, QCAT had not finished dealing with the application.\n(sec.39-ssec.2) QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\n(sec.39-ssec.3) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n- (a) before the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and\n- (b) immediately before the commencement, QCAT had not finished dealing with the application.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Right to apply to QCAT for review of matters under repealed Act","content":"### sec.40 Right to apply to QCAT for review of matters under repealed Act\n\nThis section applies if, immediately before the commencement—\na person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and\nthe person had not made the application; and\nthe period for making the application under the QCAT Act had not expired.\nThis section also applies if, on or after the commencement—\nthe registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or\nthe registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.\nThe person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed.\nA decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n(sec.40-ssec.1) This section applies if, immediately before the commencement— a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and the person had not made the application; and the period for making the application under the QCAT Act had not expired.\n(sec.40-ssec.2) This section also applies if, on or after the commencement— the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.\n(sec.40-ssec.3) The person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed.\n(sec.40-ssec.4) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n- (a) a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and\n- (b) the person had not made the application; and\n- (c) the period for making the application under the QCAT Act had not expired.\n- (a) the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or\n- (b) the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.","sortOrder":51},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Dealings with cooperatives","content":"## Dealings with cooperatives","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Dealings with cooperatives before commencement","content":"### sec.41 Dealings with cooperatives before commencement\n\nPart 3, division 3 of the repealed Act continues to apply in relation to a person’s dealings with a cooperative, or dealings with a person who has, or purports to have, directly or indirectly acquired title to property from a cooperative, if the dealings happened before the commencement.","sortOrder":53},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Fines imposed on members before commencement","content":"### sec.42 Fines imposed on members before commencement\n\nA fine imposed on a member under section 74 of the repealed Act, that immediately before the commencement had not been paid by the member, continues in effect after the commencement as if the fine were imposed under section 126 of the Law.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Fines may be imposed on members after commencement","content":"### sec.43 Fines may be imposed on members after commencement\n\nA co-operative may impose a fine on a member under section 126 of the Law for an infringement of the rules of the co-operative that happened before the commencement.\nHowever, subsection (1) does not apply if a fine was imposed on the member for the infringement under section 74 of the repealed Act.\n(sec.43-ssec.1) A co-operative may impose a fine on a member under section 126 of the Law for an infringement of the rules of the co-operative that happened before the commencement.\n(sec.43-ssec.2) However, subsection (1) does not apply if a fine was imposed on the member for the infringement under section 74 of the repealed Act.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Transfers of property under the repealed Act, pt 4, div 3","content":"### sec.44 Transfers of property under the repealed Act, pt 4, div 3\n\nSection 81 of the repealed Act continues to apply in relation to a transfer of property made under part 4, division 3 of the repealed Act before the commencement as if that Act had not been repealed.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Existing applications to Supreme Court","content":"### sec.45 Existing applications to Supreme Court\n\nThis section applies if—\nbefore the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and\nimmediately before the commencement, the Supreme Court had not finished dealing with the application.\nThe Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\nAn order made by the Supreme Court under part 4 of the repealed Act in relation to the application is taken to be an order made under chapter 2, part 2.5 of the Law.\n(sec.45-ssec.1) This section applies if— before the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and immediately before the commencement, the Supreme Court had not finished dealing with the application.\n(sec.45-ssec.2) The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\n(sec.45-ssec.3) An order made by the Supreme Court under part 4 of the repealed Act in relation to the application is taken to be an order made under chapter 2, part 2.5 of the Law.\n- (a) before the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and\n- (b) immediately before the commencement, the Supreme Court had not finished dealing with the application.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Existing orders","content":"### sec.46 Existing orders\n\nAn order made by the Supreme Court under part 4 of the repealed Act and in effect immediately before the commencement continues in effect as if the order were made under chapter 2, part 2.5 of the Law.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Applications to Supreme Court in relation to matters arising before commencement","content":"### sec.47 Applications to Supreme Court in relation to matters arising before commencement\n\nA person or co-operative may make an application to the Supreme Court under chapter 2, part 2.5 of the Law in relation to a matter arising before the commencement.","sortOrder":60},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Rules","content":"## Rules","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Existing rules","content":"### sec.48 Existing rules\n\nThe existing rules of a co-operative are the rules that were—\nregistered under the repealed Act; and\nin force for the co-operative immediately before the commencement.\nThe co-operative’s existing rules—\ncontinue in effect; and\nare taken to be the co-operative’s rules under the Law; and\nare taken to have been registered under the Law.\nIf a provision of the co-operative’s existing rules are inconsistent with the Law, the Law prevails to the extent of the inconsistency.\nFor applying the existing rules—\na reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and\na reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and\na reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.\n(sec.48-ssec.1) The existing rules of a co-operative are the rules that were— registered under the repealed Act; and in force for the co-operative immediately before the commencement.\n(sec.48-ssec.2) The co-operative’s existing rules— continue in effect; and are taken to be the co-operative’s rules under the Law; and are taken to have been registered under the Law.\n(sec.48-ssec.3) If a provision of the co-operative’s existing rules are inconsistent with the Law, the Law prevails to the extent of the inconsistency.\n(sec.48-ssec.4) For applying the existing rules— a reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and a reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and a reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.\n- (a) registered under the repealed Act; and\n- (b) in force for the co-operative immediately before the commencement.\n- (a) continue in effect; and\n- (b) are taken to be the co-operative’s rules under the Law; and\n- (c) are taken to have been registered under the Law.\n- (a) a reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and\n- (b) a reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and\n- (c) a reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Proposed alteration of rules submitted before commencement","content":"### sec.49 Proposed alteration of rules submitted before commencement\n\nThis section applies if—\nbefore the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and\nimmediately before the commencement, the registrar had not decided—\nto approve the proposed alteration or a different alteration; or\nto refuse to approve the proposed alteration.\nSection 106 of the repealed Act continues to apply in relation to the proposed alteration as if that Act had not been repealed.\nIf the registrar approves the proposed alteration, or a different alteration, under section 106(4) of the repealed Act, the approval is taken to be an approval of an amendment of the rules given under section 60(6) of the Law.\n(sec.49-ssec.1) This section applies if— before the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and immediately before the commencement, the registrar had not decided— to approve the proposed alteration or a different alteration; or to refuse to approve the proposed alteration.\n(sec.49-ssec.2) Section 106 of the repealed Act continues to apply in relation to the proposed alteration as if that Act had not been repealed.\n(sec.49-ssec.3) If the registrar approves the proposed alteration, or a different alteration, under section 106(4) of the repealed Act, the approval is taken to be an approval of an amendment of the rules given under section 60(6) of the Law.\n- (a) before the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and\n- (b) immediately before the commencement, the registrar had not decided— (i) to approve the proposed alteration or a different alteration; or (ii) to refuse to approve the proposed alteration.\n- (i) to approve the proposed alteration or a different alteration; or\n- (ii) to refuse to approve the proposed alteration.\n- (i) to approve the proposed alteration or a different alteration; or\n- (ii) to refuse to approve the proposed alteration.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing applications for registration of alterations","content":"### sec.50 Existing applications for registration of alterations\n\nThis section applies if—\nbefore the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and\nimmediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.\nSection 109 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.\nIf the registrar decides to register the alteration, the Law applies in relation to the registration as if the decision were made under section 63 of the Law.\n(sec.50-ssec.1) This section applies if— before the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and immediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.\n(sec.50-ssec.2) Section 109 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.\n(sec.50-ssec.3) If the registrar decides to register the alteration, the Law applies in relation to the registration as if the decision were made under section 63 of the Law.\n- (a) before the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and\n- (b) immediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Existing applications to QCAT","content":"### sec.51 Existing applications to QCAT\n\nThis section applies if—\nbefore the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and\nimmediately before the commencement, QCAT had not finished dealing with the application.\nQCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\nA decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n(sec.51-ssec.1) This section applies if— before the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and immediately before the commencement, QCAT had not finished dealing with the application.\n(sec.51-ssec.2) QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\n(sec.51-ssec.3) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n- (a) before the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and\n- (b) immediately before the commencement, QCAT had not finished dealing with the application.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Right to apply to QCAT for review of matters under repealed Act","content":"### sec.52 Right to apply to QCAT for review of matters under repealed Act\n\nThis section applies if, immediately before the commencement—\na cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and\nthe cooperative had not made the application; and\nthe period for making the application under the QCAT Act had not expired.\nThis section also applies if, on or after the commencement, the registrar fails to approve an alteration of a cooperative’s rules, or to register an alteration of the cooperative’s rules, under the repealed Act.\nThe cooperative may apply to QCAT for a review of the failure under the repealed Act as if the repealed Act had not been repealed.\nA decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n(sec.52-ssec.1) This section applies if, immediately before the commencement— a cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and the cooperative had not made the application; and the period for making the application under the QCAT Act had not expired.\n(sec.52-ssec.2) This section also applies if, on or after the commencement, the registrar fails to approve an alteration of a cooperative’s rules, or to register an alteration of the cooperative’s rules, under the repealed Act.\n(sec.52-ssec.3) The cooperative may apply to QCAT for a review of the failure under the repealed Act as if the repealed Act had not been repealed.\n(sec.52-ssec.4) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.\n- (a) a cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and\n- (b) the cooperative had not made the application; and\n- (c) the period for making the application under the QCAT Act had not expired.","sortOrder":66},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Active membership","content":"## Active membership","sortOrder":67},{"sectionNumber":"sec.53","sectionType":"section","heading":"Existing applications to Supreme Court","content":"### sec.53 Existing applications to Supreme Court\n\nThis section applies if—\nbefore the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and\nimmediately before the commencement, the Supreme Court had not finished dealing with the application.\nThe Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\nAn order made by the Supreme Court under section 131 of the repealed Act in relation to the application is taken to be an order made under section 162 of the Law.\n(sec.53-ssec.1) This section applies if— before the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and immediately before the commencement, the Supreme Court had not finished dealing with the application.\n(sec.53-ssec.2) The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.\n(sec.53-ssec.3) An order made by the Supreme Court under section 131 of the repealed Act in relation to the application is taken to be an order made under section 162 of the Law.\n- (a) before the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and\n- (b) immediately before the commencement, the Supreme Court had not finished dealing with the application.","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Existing orders and directions","content":"### sec.54 Existing orders and directions\n\nAn order or direction made by the Supreme Court under section 131 of the repealed Act and in effect immediately before the commencement continues in effect as if the order or direction were made under section 162 of the Law.","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Applications in relation to cancellation of memberships before commencement","content":"### sec.55 Applications in relation to cancellation of memberships before commencement\n\nA person may make an application for an order under section 162 of the Law in relation to the cancellation of the person’s membership under section 125 of the repealed Act before the commencement.\nSection 162(2) of the Law does not apply in relation to the application.\n(sec.55-ssec.1) A person may make an application for an order under section 162 of the Law in relation to the cancellation of the person’s membership under section 125 of the repealed Act before the commencement.\n(sec.55-ssec.2) Section 162(2) of the Law does not apply in relation to the application.","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Register of cancelled memberships","content":"### sec.56 Register of cancelled memberships\n\nA register kept under section 166 of the Law must include the information that must be kept in a register under section 135 of the repealed Act.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Entitlements of former members of trading cooperatives","content":"### sec.57 Entitlements of former members of trading cooperatives\n\nA person’s entitlement under a provision of part 6, division 5 of the repealed Act to be taken to be the holder of a share in a cooperative for the purpose of an entitlement of a shareholder in the cooperative, continues in effect as an entitlement under the corresponding Law provision in relation to the transitioned co-operative.\nFor the purposes of applying a corresponding Law provision to an entitlement mentioned in subsection (1), a reference in chapter 2, part 2.6, division 5 of the Law to 2 years is taken to be a reference to 5 years.\nSee schedule 3, section 1 of the Law.\nA person’s entitlement under section 140 of the repealed Act to be taken to be a member of a cooperative for a distribution from reserves of the cooperative continues in relation to the transitioned co-operative.\nIn this section—\ntransitioned co-operative , in relation to a cooperative, means the co-operative under the Law that the cooperative is taken to be under section 30.\n(sec.57-ssec.1) A person’s entitlement under a provision of part 6, division 5 of the repealed Act to be taken to be the holder of a share in a cooperative for the purpose of an entitlement of a shareholder in the cooperative, continues in effect as an entitlement under the corresponding Law provision in relation to the transitioned co-operative.\n(sec.57-ssec.2) For the purposes of applying a corresponding Law provision to an entitlement mentioned in subsection (1), a reference in chapter 2, part 2.6, division 5 of the Law to 2 years is taken to be a reference to 5 years. See schedule 3, section 1 of the Law.\n(sec.57-ssec.3) A person’s entitlement under section 140 of the repealed Act to be taken to be a member of a cooperative for a distribution from reserves of the cooperative continues in relation to the transitioned co-operative.\n(sec.57-ssec.4) In this section— transitioned co-operative , in relation to a cooperative, means the co-operative under the Law that the cooperative is taken to be under section 30.","sortOrder":72},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Shares","content":"## Shares","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Share capital of cooperative","content":"### sec.58 Share capital of cooperative\n\nThe share capital of a cooperative under the repealed Act immediately before the commencement continues to be the share capital of the co-operative under the Law.\nA share in a cooperative held by a person under the repealed Act immediately before the commencement continues to be held by the person under the Law.\nAn amount unpaid for shares under the repealed Act immediately before the commencement is taken to be an amount unpaid for the shares under the Law.\n(sec.58-ssec.1) The share capital of a cooperative under the repealed Act immediately before the commencement continues to be the share capital of the co-operative under the Law.\n(sec.58-ssec.2) A share in a cooperative held by a person under the repealed Act immediately before the commencement continues to be held by the person under the Law.\n(sec.58-ssec.3) An amount unpaid for shares under the repealed Act immediately before the commencement is taken to be an amount unpaid for the shares under the Law.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Minimum paid up amount","content":"### sec.59 Minimum paid up amount\n\nSection 78 of the Law does not affect shares issued before the commencement of that section.","sortOrder":75},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":76},{"sectionNumber":"sec.60","sectionType":"section","heading":"Repeal does not affect appointment of deputy registrar and assistant registrar","content":"### sec.60 Repeal does not affect appointment of deputy registrar and assistant registrar\n\nThe appointment of a person as a deputy registrar or assistant registrar under the Public Service Act 2008 , mentioned in section 435 of the repealed Act, is not affected by the repeal of the repealed Act.","sortOrder":77},{"sectionNumber":"sec.61","sectionType":"section","heading":"References to repealed Act","content":"### sec.61 References to repealed Act\n\nA reference in an Act or document to the repealed Act may, if the context permits, be taken to be a reference to the Law.","sortOrder":78}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 / sec.7","severity":"low","reasoning":"While not strictly circular in a logical loop sense, the chained cross-referencing across three sections (sec.3 -> sec.7 -> sec.8) to arrive at a simple designation is unnecessarily convoluted and risks interpretation difficulties. Sec.3 also states that terms in this Act have the same meaning as in the Co-operatives National Law, but 'Registrar' is separately defined in sec.7 for the Queensland application, creating potential ambiguity about which definition governs in which context.","confidence":0.6,"description":"Circular definition: 'Registrar' is defined in sec.3 as 'see section 7', and sec.7 defines 'Registrar' as 'the chief executive as the Registrar of Co-operatives in relation to this jurisdiction under section 8', which in turn merely designates the chief executive as the Registrar. The term is defined by reference to a section that defines it by reference to yet another section, creating a definitional chain that adds no substantive meaning beyond 'the chief executive'."},{"type":"circular_definition","section":"sec.3 (definition of 'Co-operatives National Law (Queensland)')","severity":"low","reasoning":"The Co-operatives National Law (Queensland) is defined as what sec.4(1) produces, but sec.4(1) produces it by applying 'the Co-operatives National Law' (the NSW instrument) with modifications. The NSW law is separately defined, so the circularity is not complete, but the definitional structure is unnecessarily recursive and could cause interpretive difficulty in edge cases.","confidence":0.55,"description":"The definition of 'Co-operatives National Law (Queensland)' means 'the provisions applying in this jurisdiction because of section 4(1)', but section 4(1) says the Co-operatives National Law 'applies as a law of this jurisdiction with the modifications set out in this part'. The definition thus depends on a section that itself depends on the definition to identify what 'provisions' are being applied. This creates a quasi-circular dependency."},{"type":"other","section":"sec.5(1) and sec.6","severity":"low","reasoning":"The qualified exclusion approach is a recognised drafting technique, but the logical result is that the Statutory Instruments Act 1992 does not apply except where it does apply. This creates interpretive complexity about which provisions of that Act are in and which are out, beyond what is expressly saved.","confidence":0.5,"description":"Section 5(1) excludes the Statutory Instruments Act 1992 from applying to the Co-operatives National Law (Queensland), but section 6 then applies specific sections of the Statutory Instruments Act 1992 (ss.49-51) to national regulations made under that same Law. The exclusion in sec.5(1) is stated as subject to sec.6, which saves it, but the structure is logically awkward: an Act is excluded and then partially reintroduced, meaning the excluded Act partially applies after all."},{"type":"circular_definition","section":"sec.15(1) (inserted subsec.7 and subsec.8 into Sch.4, cl.4)","severity":"low","reasoning":"A law defining itself within itself is logically redundant and potentially confusing. The inserted subsec.8 states 'Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the [NSW Act]'. While technically the definition is for the Queensland application, it sits inside the Law it defines, creating a self-referential oddity.","confidence":0.6,"description":"Section 15 inserts a provision (subsec.8) into the Co-operatives National Law that defines 'Co-operatives National Law' for the purpose of interpreting editor's notes. This means the Co-operatives National Law contains within itself a definition of itself, which is a mildly absurd self-referential definitional construction."},{"type":"other","section":"sec.35(2)","severity":"low","reasoning":"This is a standard transitional drafting technique (saving provision) and not truly absurd in practice, but it is logically paradoxical: the registrar must act as if something is true (the Act has not been repealed) that is definitively false (the Act has been repealed). Similar provisions appear at sec.37(2), sec.38(2), sec.39(2), sec.40(3), sec.49(2), sec.50(2), sec.51(2), sec.52(3), sec.53(2). The repetition across the Act amplifies the structural oddity.","confidence":0.4,"description":"Section 35(2) requires the registrar to continue applying a provision of the repealed Act 'as if that Act had not been repealed', after the Act has in fact been repealed by section 28 of this very Act. This creates a legal fiction where a non-existent law must be applied by an official operating under the new law."},{"type":"other","section":"sec.57(2)","severity":"medium","reasoning":"A deeming provision that changes a specific number within a law only for certain persons creates parallel legal realities operating under the same legislative text. Persons with transitional entitlements operate under a '5 year' rule while new entrants operate under a '2 year' rule, but both rules derive from the same section of the Law. This could cause confusion in administration and compliance, particularly as time passes and the transitional class becomes harder to identify.","confidence":0.7,"description":"Section 57(2) provides that a reference in the Law to '2 years' is taken to be a reference to '5 years' only for the purpose of applying a corresponding Law provision to entitlements mentioned in subsec.(1). This creates a situation where the same numerical value in the same provision of the Law means different things depending on whether it is applied to a transitional entitlement or a new entitlement, with no mechanism to distinguish them on the face of the Law itself."},{"type":"impossible_compliance","section":"sec.10(4)","severity":"medium","reasoning":"The legal effect of a notice — whether it constitutes a valid 'designated instrument' — turns entirely on whether a URL contains a particular string of characters. This is a fragile technical test for a significant legal consequence. A URL change, domain migration, or subdomain restructure could invalidate notices or make compliance impossible to verify. The exclusion of local government websites also suggests drafters were uncertain whether some local government websites use qld.gov.au domains.","confidence":0.75,"description":"The definition of 'Queensland Government website' as 'a website with a URL that contains qld.gov.au, other than the website of a local government' is potentially unworkable. Local government websites in Queensland may or may not contain 'qld.gov.au' in their URLs, and many do not. The exclusion of 'local government' websites is therefore either redundant (if they don't use qld.gov.au) or the definition is over-inclusive (if some local government websites do use that domain). Furthermore, URL structures can change, and a government agency could inadvertently publish notices on a site that loses or gains this URL pattern."},{"type":"other","section":"sec.13 (inserted subsec.6A) and sec.14 (inserted subsec.1A)","severity":"medium","reasoning":"Section 14's exemption power contains no criteria guiding the Registrar's decision, unlike sec.13 which provides at least two criteria. This asymmetry means the restriction on using 'co-operative' in names (presumably a protective measure for consumers and the co-operative sector) can be waived entirely at the Registrar's unfettered discretion, potentially undermining the purpose of the restriction. There is also no requirement to publish reasons or for merits review of a refusal to exempt.","confidence":0.65,"description":"The Registrar is empowered to exempt entities from naming requirements (sec.13) and from restrictions on using the word 'co-operative' (sec.14) without any criteria, merits review mechanism, or time limit specified in sec.14. Section 13 specifies criteria (promoting economic interests of members or charitable purpose) but sec.14 grants the power to exempt with no criteria at all beyond the Registrar's discretion."}],"contradictions":[{"severity":"low","section_a":"sec.5(1)(c)","section_b":"sec.6(1), sec.6(2), sec.6(3)","confidence":0.65,"description":"Section 5(1)(c) excludes the Statutory Instruments Act 1992 and the Legislative Standards Act 1992 from applying to the Co-operatives National Law (Queensland). Section 6 then re-applies provisions of both those Acts (Statutory Instruments Act ss.49-51 via sec.6(1); Legislative Standards Act s.4 via sec.6(3)) to national regulations. While sec.5(1) qualifies its exclusion 'other than to the extent provided for in subsection (2) and section 6', the contradiction lies in the fact that sec.5(2) only saves the Acts Interpretation Act 1954, not the other two Acts. The saving of the Statutory Instruments Act and Legislative Standards Act is therefore achieved only through the sec.6 carve-out referenced in sec.5(1), meaning the two Acts are simultaneously excluded and applied."},{"severity":"medium","section_a":"sec.3 (term equivalence provision, subsec.2)","section_b":"sec.7","confidence":0.6,"description":"Section 3(2) provides that a term used in both this Act and in the Co-operatives National Law has the same meaning in this Act as in that Law. Section 7 defines several terms (including 'Registrar', 'this jurisdiction', 'police officer', 'public sector official') specifically for the Co-operatives National Law (Queensland), which are Queensland-specific definitions that may differ from or supplement the NSW Co-operatives National Law's definitions. If any of these terms also appear in the NSW Co-operatives National Law with different meanings, the equivalence provision in sec.3(2) creates a conflict with the jurisdiction-specific definitions in sec.7."},{"severity":"low","section_a":"sec.25(2)(a)","section_b":"sec.43(1)","confidence":0.45,"description":"Section 25(2)(a) requires proceedings for offences to be started within 5 years after the offence is committed. Section 43(1) permits a co-operative to impose a fine on a member under the new Law for an infringement of rules that happened before the commencement (i.e., under the repealed Act). For pre-commencement infringements that occurred more than 5 years before proceedings are commenced, there is a potential conflict: the fine may be validly imposed under sec.43(1) but any enforcement proceeding under sec.25 to recover it may be time-barred. Section 26 provides that recovery proceedings may only be brought by the co-operative, and sec.25 applies to offence proceedings — but these are different processes, so the conflict may be more apparent than real. However, the temporal mismatch creates uncertainty."},{"severity":"low","section_a":"sec.28","section_b":"sec.35(2), sec.37(2), sec.38(2), sec.39(2), sec.40(3), sec.49(2), sec.50(2), sec.51(2), sec.52(3), sec.53(2)","confidence":0.4,"description":"Section 28 repeals the Cooperatives Act 1997 absolutely. Multiple transitional provisions then require the registrar, QCAT, and the Supreme Court to continue applying provisions of the repealed Act 'as if that Act had not been repealed'. This creates an unresolved tension: the Act is definitively repealed, yet multiple provisions of this Act require its continued application. While this is a recognised transitional drafting technique, there is a logical contradiction in an Act simultaneously repealing a law and mandating its ongoing application."},{"severity":"medium","section_a":"sec.4(1)(c)","section_b":"sec.5(1)","confidence":0.7,"description":"Section 4(1)(c) provides that the Co-operatives National Law (Queensland) 'applies as if it were an Act'. Section 5(1) then excludes three Queensland Acts of this jurisdiction from applying to the Co-operatives National Law (Queensland). If the Co-operatives National Law (Queensland) applies as if it were an Act, then those three Queensland Acts (which generally apply to Acts) would ordinarily apply to it — yet sec.5(1) expressly excludes them. The provision in sec.4(1)(c) creates an expectation of full Act status, which sec.5(1) then partially negates, producing an internally inconsistent status for the Co-operatives National Law (Queensland)."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an adoption/application statute. It performs the expected function of a 'host statute' for a national scheme—applying the template law with local modifications and transitional arrangements. There is no evidence of significant scope creep beyond the technical machinery needed to implement the Co-operatives National Law in Queensland and manage the transition from the 1997 Act."},"complexity_factors":["Extensive cross-referencing to external legislation: The Act constantly refers to the 'Co-operatives National Law' (which is actually contained in a NSW Act's appendix), the Corporations Act, and multiple Queensland Acts (Acts Interpretation Act 1954, Public Records Act 2023, Financial Accountability Act 2009, etc.)","Layered application mechanism: The Act doesn't stand alone—it 'applies' another law with modifications, creating a two-layer legal structure where you must read this Act alongside the National Law to understand the full scheme","Numerous transitional provisions: Part 5 contains 32 sections dealing with 'savings and transitions' from the repealed Cooperatives Act 1997, with complex conditional logic about timing ('immediately before commencement', 'before commencement') and cross-references between old and new section numbers","Defined terms with external dependencies: Key terms like 'Co-operatives National Law' and 'this jurisdiction' are defined by reference to external documents or other sections (Section 3, Section 7)","Multiple designated authorities and instruments: Sections 9-11 create a complex allocation of powers across different Queensland entities (chief executive, magistrates, Minister, Supreme Court, QCAT) and specify different 'designated instruments' (website notices, local regulations) for different provisions","Modification provisions: Sections 13-15 use complex textual amendment language ('after subsection (6)—insert') to modify the external National Law, requiring readers to mentally reconstruct the amended text"],"plain_english_summary":"**What this legislation does:**\n\nThis Act is Queensland's 'adoption' legislation for the Co-operatives National Law—a scheme where Australian states and territories agree to apply the same national rules for co-operatives (member-owned businesses like credit unions, agricultural co-ops, or housing co-ops) using a template law developed nationally.\n\n**Key things it does:**\n\n*   **Brings the national rules into Queensland law** (Section 4): It takes the Co-operatives National Law (which lives in a NSW Act) and applies it as if it were a Queensland Act, with specific Queensland tweaks.\n*   **Sets up local machinery**: It designates who does what in Queensland—the chief executive becomes the 'Registrar of Co-operatives' (Section 8), QCAT and the Supreme Court become the relevant tribunals (Section 11), and various Queensland officials become 'designated authorities' for specific decisions (Section 9).\n*   **Queensland-specific modifications**: It adds special Queensland-only rules, such as:\n    *   Giving the Registrar power to exempt certain entities from naming rules if they promote co-operative principles or charitable purposes (Sections 13-14)\n    *   Specifying how fines and penalties get paid to the State (Section 21)\n    *   Excluding cooperative housing societies under the Financial Intermediaries Act from these rules (Section 24)\n*   **Parliamentary oversight**: It ensures national regulations made under the scheme get tabled and can be disallowed by the Queensland Parliament (Section 6), even though they're technically made under national processes.\n*   **Smooth transition**: It repeals the old Cooperatives Act 1997 and includes extensive transitional provisions (Part 5) so existing co-operatives, their rules, pending applications, and ongoing court cases continue seamlessly under the new system.\n\n**Who it affects:**\n\n*   **Co-operatives** operating in Queensland (including agricultural co-ops, credit unions, retail co-ops)\n*   **Members and directors** of these co-operatives\n*   **The Registrar** (Queensland's chief executive) who regulates them\n*   **People with pending applications** under the old 1997 Act\n\n**Why it matters:**\n\nThis keeps Queensland in a national scheme that makes it easier for co-operatives to operate across state borders using consistent rules, while preserving Queensland's ability to make local adjustments and maintain parliamentary control over subordinate legislation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does not materially broaden the substantive regulatory scope beyond the original national Co‑operatives Law. It primarily adopts the national Law for Queensland, repeals the old Cooperatives Act 1997, and inserts jurisdiction‑specific administrative and transitional provisions (e.g. Registrar designations and limited exemption powers, designated instruments, parliamentary scrutiny arrangements, and transitional saving provisions). Those additions are administrative and procedural adjustments necessary to apply the national model in Queensland rather than an expansion of the Law's substantive reach (see secs.4, 9–14, 27 and Part 5)."},"complexity_factors":["Extensive transitional and saving regime (Part 5, secs.29–61) mapping the repealed Cooperatives Act 1997 to the national Law","Multiple cross‑references to the Co-operatives National Law (Queensland) and to the repealed Act throughout (dozens of references)","Designated lists of provisions and instruments (sec.9 designations; sec.10 lists many specific sections tied to website notices or local regulations)","Several jurisdiction‑specific modifications that add conditional discretion (Registrar exemption powers in secs.13–14)","Interplay with other Queensland Acts for procedure and scrutiny (Statutory Instruments Act, Acts Interpretation Act, Legislative Standards Act via sec.6 and sec.5)","Dual layering of national regulations and local regulations (ability to modify national regulations in Queensland under sec.27)","Procedural constraints on enforcement (summary proceedings only, 5‑year limitation, authorised prosecuting officer) creating conditional enforcement rules (sec.25)","Amendment of interpretive provisions (editor's notes exclusion in sec.15) and omission of a schedule part, which affect statutory interpretation","Designation of different tribunals for different parts of the law (Supreme Court vs QCAT) creating multi‑forum complexity (sec.11)"],"plain_english_summary":"**What this Act does (mechanical changes)\n\n- Adopts the Co-operatives National Law for Queensland so that the national cooperative law operates in this State as if it were a Queensland Act (sec.4).  It also makes the national regulations operate in Queensland with possible local modification (sec.4).\n- Designates who in Queensland performs key administrative and enforcement roles under the national law: the chief executive is the Registrar of Co-operatives and the designated authority for certain functions (secs.7–9); the Supreme Court and QCAT are the designated tribunals for different dispute streams (sec.11).\n- Specifies how particular terms and instruments operate in Queensland (definitions at sec.3; designated instruments such as Queensland Government website notices and local regulations listed at sec.10).\n- Gives the Queensland executive limited power to make local regulations that modify or supplement the national regulation as it applies in Queensland, set fees, and impose small penalties (sec.27).\n- Provides transitional and saving rules so existing Queensland cooperatives and processes under the repealed Cooperatives Act 1997 continue, convert or are treated as if they were done under the national Law (Parts 5, secs.29–61).  The old Cooperatives Act 1997 is repealed (sec.28).\n- Adds a number of Queensland-specific modifications to the national Law, for example: powers for the Registrar to exempt entities from certain name or trading restrictions (secs.13–14); rules about where pecuniary penalty orders are payable (sec.21); who may receive otherwise‑protected information in Queensland (sec.20); and that some registration fees must not be charged under other Acts in specified transfers or mergers (sec.23).\n- Sets procedural rules for offences and enforcement in Queensland: summary proceedings only, 5‑year limitation for starting proceedings, and only the chief executive (or an authorised delegate) may commence prosecutions under the Law as applied in Queensland (sec.25).\n\n**Who it affects\n\n- Cooperatives already registered under the old Cooperatives Act 1997 (they are transitioned automatically to the national Law) (secs.28, 30).\n- New or proposed cooperatives seeking formation, registration, or approval of disclosure statements and rules (transitional provisions determine how pending applications proceed) (Parts 5, e.g. secs.32–39).\n- Members and officers of cooperatives, who remain subject to many existing membership, fines, share and entitlement rules as carried over (Parts 5, e.g. secs.42–59).\n- The Queensland public sector administration: the chief executive (as Registrar and designated authority) and Ministers have decision and notification functions; courts and tribunals (Supreme Court, QCAT) handle disputes (secs.7–11).\n- Third parties dealing with cooperatives (e.g. purchasers of property, bodies involved in transfers or mergers) because registration, disclosure and transfer rules are preserved or adjusted by the Act (multiple transitional sections).\n\n**Why it matters (official purpose and practical effects)\n\n- Officially: the Act implements the national Co-operatives Law model in Queensland while adding jurisdiction‑specific administrative arrangements and transitional protection for existing cooperatives.\n\n- Practical effects and implementation mechanics to note:\n  - The Registrar (chief executive) gets express discretionary powers to grant exemptions from name and trading-use restrictions (secs.13–14). That centralises gatekeeping over when entities may use the word \"co-operative\" or trade in ways that would otherwise be restricted. Exemptions can be conditional, time‑limited, varied or revoked by written notice to the entity (secs.13–14).\n  - Many actions, instruments and notices are to be effected by publication on a Queensland Government website or by notice to the Registrar (sec.10). This sets the routine communication channel and replaces some formal filing or Gazette publication requirements used under other Acts.\n  - National regulations are subject to Queensland parliamentary scrutiny and disallowance machinery as if they were subordinate legislation in Queensland (sec.6). If a national regulation is disallowed in Queensland it stops having effect only in Queensland (sec.6(4)).\n  - The Act preserves existing rights, registrations, disclosure statements, rules, pending applications and court/tribunal processes started under the repealed Act so there is continuity (Part 5). That reduces legal uncertainty for existing cooperatives but requires administrative mapping between old and new provisions (e.g. trading cooperative -> distributing co-operative) (sec.30 and many others).\n  - The Governor in Council can make local regulations that modify national regulations for Queensland, set fees and small penalties (sec.27). That creates a limited local rule‑making axis for matters the national Law leaves to states.\n\n**Costs, incentives, trade‑offs and implementation risks (test of the official rationale)\n\n- Administrative discretion vs predictability: the Registrar’s power to grant exemptions (secs.13–14) creates flexibility for tailored treatment (benefit to specific entities) but also allocative discretion that requires transparent criteria and consistent practice to avoid uncertainty for applicants. Entities will have an incentive to apply for exemptions where compliance costs or branding issues are material.\n\n- Concentrated benefits, diffuse costs: exemptions and fee waivers (secs.13, 14, 27) are likely to produce concentrated benefits to specific cooperatives that obtain them; the administrative and compliance costs of managing those exemptions sit with the Registrar and, indirectly, with other cooperatives that must assess competitive effects or navigate naming/trading distinctions.\n\n- Implementation burden: the extensive transitional provisions (Part 5, secs.29–61) are designed to avoid disruption but require active administrative mapping (e.g. converting certificates, continuing pending applications). That imposes a one‑off transition cost on the Registrar’s office and on cooperative administrators.\n\n- Parliamentary oversight and legal uncertainty: national regulations applied in Queensland are subject to Queensland parliamentary disallowance (sec.6). That protects local democratic oversight but introduces a layer where a regulation valid nationally may cease to operate in Queensland, creating possible legal divergence.\n\n- Enforcement centralisation: prosecutions and summary enforcement in Queensland may be brought only by the chief executive or an authorised delegate (sec.25). That concentrates enforcement discretion in the executive and can reduce private enforcement action; it also focuses resource and policy choices about compliance priorities in one office.\n\n**Who pays, who decides, what behaviour changes (plain terms)\n\n- Who decides: the chief executive (as Registrar and designated authority) and the Governor in Council (for local regulations) have central decision authority. Courts and tribunals handle legal disputes as designated.\n- Who pays: cooperatives bear most compliance costs (registration, rule changes, preparing disclosure statements), except where the Act or a local regulation provides fee waivers or forbids certain external registration fees (sec.23). Pecuniary penalties recovered under the Law in Queensland are payable to the State (sec.21).\n- Behavioural effects: cooperatives will generally align internal rules, disclosure statements and procedures to the national Law; some entities may apply for Registrar exemptions to preserve names or trading practices; administrators and lawyers will need to map past actions under the repealed Act to the national Law for continuity.\n\n**Key provisions to check in practice**\n- Registrar’s exemption powers and the process for notice and condition variation (secs.13–14).\n- Designated instruments and how publication on Queensland websites is treated as formal notice (sec.10).\n- The interaction of national regulations and Queensland parliamentary scrutiny (sec.6).\n- Transitional protections for existing cooperatives and pending applications (Part 5, generally secs.30–39).\n\n(References in parentheses are to the section numbers in the Act.)"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title suggests: it adopts the Co-operatives National Law for Queensland, replaces the old Cooperatives Act 1997, and manages the transition between the two regimes. The Queensland-specific additions (name exemptions, designated authorities, secrecy provisions) are modest tailoring measures rather than expansions of scope. The transitional provisions in Part 5 are detailed but confined to their stated purpose of managing the changeover from the old law."},"complexity_factors":["Adoption of another jurisdiction's law (NSW) by reference, meaning the operative rules live outside this document entirely","Multiple layers of law: the national law, national regulations, local regulations, and this Act all interact","Extensive transitional provisions requiring cross-referencing between the old Cooperatives Act 1997 and the new national framework","Jurisdiction-specific modifications inserted into the national law (requiring readers to mentally merge two separate legislative texts)","Multiple designated authorities (chief executive, magistrates, Minister) for different sections of the national law","Parliamentary disallowance mechanism for national regulations requires understanding of how Queensland's Statutory Instruments Act 1992 applies in modified form","Selective exclusion of Queensland interpretation legislation (Acts Interpretation Act, Legislative Standards Act) with carve-outs adds interpretive complexity","Numerous cross-references to specific section numbers in an external document (the national law) without reproducing the content"],"plain_english_summary":"This law adopts the New South Wales Co‑operatives National Law as Queensland’s regime for co‑operatives, so existing and new Queensland co‑operatives, their members and officers operate under a nationally consistent framework without needing re‑registration. It preserves existing memberships, rights and ongoing proceedings, names a Queensland Registrar and courts for disputes, allows limited state exemptions and parliamentary oversight, and protects certain confidentiality and transitional arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/co-operatives-national-law-act-2020","history":"/api/acts/co-operatives-national-law-act-2020/history","analysis":"/api/acts/co-operatives-national-law-act-2020/analysis","conflicts":"/api/acts/co-operatives-national-law-act-2020/conflicts","importantCases":"/api/acts/co-operatives-national-law-act-2020/important-cases","documents":"/api/acts/co-operatives-national-law-act-2020/documents"}}