{"id":"a-2017-8","name":"Co-operatives National Law (ACT) Act 2017","slug":"co-operatives-national-law-act-act-2017","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23282,"registerId":"act-a-2017-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Co-operatives National Law (ACT) Act 2017","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCo-operatives National Law (ACT)\nAct 2017\nA2017-8\nRepublication No 5\nEffective: 6 December 2025\nRepublication date: 6 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Co-operatives National Law (ACT) Act 2017 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCo-operatives National Law (ACT)\nAct 2017\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Terms used in Co-operatives National Law (ACT) 2\n5 Notes 2\n6 Offences against Act—application of Criminal Code etc 3\nPart 2 Application of Co-operatives National Law\nand Co-operatives National Regulations\n7 Application of Co-operatives National Law and Co-operatives National\nRegulations 4\n8 Exclusion of Legislation Act 5\n\nContents\nPage\ncontents 2 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Some matters referred to in Co-operatives\nNational Law (ACT)\n9 Meaning of certain terms in Co-operatives National Law (ACT) 7\n10 Corporations application legislation—the Law, s 4 7\n11 Designated authority—the Law, s 4 7\n12 Designated instrument—the Law, s 4 8\n13 Designated tribunal—the Law, s 4 11\n14 Shares compulsorily acquired—the Law, s 436 12\n15 Deregistration—the Law, s 453 12\n16 Costs of inquiry—the Law, s 530 13\n17 Secrecy—the Law, s 537 13\n18 Pecuniary penalty orders—the Law, s 556 14\n19 Registrar of Co-operatives—the Law, s 595 14\n20 Protection of officials from liability—the Law, s 595 14\n21 Stamp duty on transfer—the Law, s 620 15\n22 Registration fees—the Law, s 620 16\nPart 4 Application of Corporations Act\n23 Definitions—pt 4 17\n24 Provisions to which this part applies 17\n25 Effect of declaratory provisions 18\n26 Modifications to applied Corporations law 19\n27 Conferral of functions on ASIC 20\n28 Conferral of functions on ACT courts 20\n29 Implied application of regulations and other provisions of Corporations\nlegislation 21\n30 Proceedings for offences 21\n31 Application of Corporations legislation by other means 22\nPart 5 Miscellaneous\n32 Rules of co-operatives formed to carry on club may restrict voting\nrights 23\n33 Proceeding for offences 23\n34 Proceeding for recovery of fines or penalties under co-operatives rules 24\n35 Regulation-making power—local regulations 24\n\nContents\nPage\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modifications—Co-operatives National Law 26\nDictionary 31\nEndnotes\n1 About the endnotes 33\n2 Abbreviation key 33\n3 Legislation history 34\n4 Amendment history 35\n5 Earlier republications 36\n6 Expired transitional or validating provisions 37\n\n\n\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCo-operatives National Law (ACT)\nAct 2017\nAn Act to apply a national law relating to co-operatives, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Co-operatives National Law (ACT) Act 2017.\n3 Dictionary\n(1) The dictionary at the end of this Act is part of this Act.\n(2) A definition in the dictionary applies to the local application\nprovisions of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘local regulations—see section 35.’\nmeans that the term ‘local regulations’ is defined in that section and the\ndefinition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Terms used in Co-operatives National Law (ACT)\nTerms used in the local application provisions of this Act and also in\nthe Co-operatives National Law (ACT) have the same meanings in\nthose provisions as they have in the Co-operatives National\nLaw (ACT).\nNote A definition in an Act applies except so far as the contrary intention\nappears (see Legislation Act, s 155).\n5 Notes\nA note included in the local application provisions of this Act is\nexplanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 6\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\n\nPart 2 Application of Co-operatives National Law and Co-operatives National\nRegulations\nSection 7\npage 4 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Application of Co-operatives\nNational Law and Co-operatives\nNational Regulations\n7 Application of Co-operatives National Law and\nCo-operatives National Regulations\n(1) Subject to this section, the Co-operatives National Law, as in force\nfrom time to time, set out in the appendix to the NSW Act—\n(a) applies as a territory law, as modified by schedule 1; and\n(b) as so applying may be referred to as the Co-operatives National\nLaw (ACT); and\n(c) so applies as if it were part of this Act.\n(2) A law that amends the Co-operatives National Law set out in the\nappendix to the NSW Act and is passed by the New South Wales\nParliament after this Act’s notification day must be presented to the\nLegislative Assembly not later than 6 sitting days after the day it is\npassed.\n(3) The amending law may be disallowed by the Legislative Assembly in\nthe same way, and within the same period, that a disallowable\ninstrument may be disallowed.\nNote See the Legislation Act, s 65 (Disallowance by resolution of Assembly).\n(4) If the amending law is not presented to the Legislative Assembly in\naccordance with subsection (2), or is disallowed under subsection (3),\nthe Co-operatives National Law applying under subsection (1) is\ntaken—\n(a) not to include the amendments made by the amending law; and\n(b) to include any provision repealed or amended by the amending\nlaw as if the amending law had not been made.\n\nApplication of Co-operatives National Law and Co-operatives National\nRegulations\nPart 2\nSection 8\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The Co-operatives National Regulations, as in force from time to\ntime—\n(a) apply as Co-operatives National Regulations in force under the\nCo-operatives National Law (ACT), as modified by local\nregulations; and\n(b) as so applying may be referred to as the Co-operatives National\nRegulation (ACT).\n(6) In this section:\nNSW Act means the Co-operatives (Adoption of National Law)\nAct 2012 (NSW).\n8 Exclusion of Legislation Act\n(1) The Legislation Act does not apply to the Co-operatives National\nLaw (ACT).\n(2) However, the Legislation Act, chapter 7 (Presentation, amendment\nand disallowance of subordinate laws and disallowable instruments)\napplies to the Co-operatives National Regulation (ACT) as if—\n(a) a reference to a subordinate law were a reference to the\nCo-operatives National Regulations; and\n(b) a reference to ‘notification day’ in the Legislation Act,\nsection 64 (Presentation of subordinate laws and disallowable\ninstruments) were a reference to ‘published’ as mentioned in the\nCo-operatives National Law (ACT), section 614 (1)\n(Publication and commencement of National Regulations); and\n(c) any other necessary changes were made.\n\nPart 2 Application of Co-operatives National Law and Co-operatives National\nRegulations\nSection 8\npage 6 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Also, the Legislation Act, part 6.3 (Making of certain statutory\ninstruments about fees) and chapter 7 (Presentation, amendment and\ndisallowance of subordinate laws and disallowable instruments)\napply to the provisions of the Co-operatives National Law (ACT)\nmodified by the following:\n(a) schedule 1, modifications 1.1A to 1.1E;\n(b) schedule 1, modification 1.5A;\n(c) schedule 1, modifications 1.5C and 1.5D;\n(d) schedule 1, modification 1.12A;\n(e) schedule 1, modifications 1.15 and 1.16.\n(4) This section does not limit the application of the Legislation Act to\nthe local application provisions of this Act.\n\nSome matters referred to in Co-operatives National Law (ACT) Part 3\nSection 9\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Some matters referred to in\nCo-operatives National Law\n(ACT)\n9 Meaning of certain terms in Co-operatives National Law\n(ACT)\nIn the Co-operatives National Law (ACT):\npolice officer means a police officer.\nNote The Legislation Act, dictionary, pt 1 defines police officer as a member\nor special member of the Australian Federal Police.\npublic sector official means a public employee.\nNote Public employee means a public servant, a person employed by a territory\ninstrumentality or a statutory office-holder or a person employed by a\nstatutory office-holder (see Legislation Act, dict, pt 1).\nRegistrar means the Registrar of Co-operatives designated under\nsection 19 (Registrar of Co-operatives—the Law, s 595).\nthis jurisdiction means the ACT.\n10 Corporations application legislation—the Law, s 4\nThe Corporations application legislation for the ACT is this Act,\npart 4 (Application of Corporations Act).\n11 Designated authority—the Law, s 4\n(1) The Registrar is the designated authority for the following provisions\nof the Co-operatives National Law (ACT):\n(a) section 15 (Modifications to applied provisions);\n(b) section 492 (Appointment of inspectors);\n(c) section 494 (Inspector’s identity card);\n(d) section 520 (Appointment of investigators);\n\nPart 3 Some matters referred to in Co-operatives National Law (ACT)\nSection 12\npage 8 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) section 601 (Inspection of register of co-operatives);\n(f) section 622 (Approval of forms).\n(2) A magistrate is the designated authority for the following provisions\nof the Co-operatives National Law (ACT):\n(a) section 504 (Warrants);\n(b) section 505 (Warrants—applications made otherwise than in\nperson).\n12 Designated instrument—the Law, s 4\n(1) The designated instrument for a provision of the Co-operatives\nNational Law (ACT) mentioned in an item in table 12, column 2, for\nthe case mentioned in column 4, is the instrument mentioned in\ncolumn 5 for the item and case.\nTable 12 Designated instruments\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\ncase\ncolumn 5\ndesignated\ninstrument\n1 33 (1) certificate of registration all cases notifiable\ninstrument\n2 35 (5) exemption from special postal\nballot for amendment of rules of\nconversion\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n3 60 (2) specifying rule amendments\nrequiring prior approval by\nRegistrar\nall cases notifiable\ninstrument\n4 71 (1) exemption from requirements of\npt 2.4, div 2\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n\nSome matters referred to in Co-operatives National Law (ACT) Part 3\nSection 12\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\ncase\ncolumn 5\ndesignated\ninstrument\n5 92 (6) exemption from complying with\ndisclosure direction\nall cases written order\n6 171 (1) exemption from requirements of\npt 2.6, div 5\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n7 221 (1) approval of omission of ‘Limited’\nor ‘Ltd’ from name\nall cases notifiable\ninstrument\n8 226 (6) exemption from requirement to\ndisplay location notice\nindividual\nsmall\nco-operative\nwritten order\nall small\nco-operatives\nnotifiable\ninstrument\nclass of\nco-operatives\nnotifiable\ninstrument\n9 316 (1) exemption for individual\nco-operative from accounting and\nauditing provisions\nall cases written order\n10 317 (1) exemption for class of\nco-operatives from accounting\nand auditing provisions\nall cases notifiable\ninstrument\n11 319 (1) exemption for non-auditor\nmembers and former members of\naudit firms, and former\nemployees of audit companies\nfrom accounting and auditing\nprovisions\nall cases notifiable\ninstrument\n12 320 (1) exemption for classes of\nnon-auditor members etc from\naccounting and auditing\nprovisions\nall cases notifiable\ninstrument\n\nPart 3 Some matters referred to in Co-operatives National Law (ACT)\nSection 12\npage 10 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\ncase\ncolumn 5\ndesignated\ninstrument\n13 322 (1) exemption from National\nRegulations made under pt 3.3\nall cases notifiable\ninstrument\n14 338 (6) exemption from compliance with\ns 338\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n15 343 (10) exemption from compliance with\ns 343\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n16 359 (3) exemption from compliance with\ns 359 or s 248\nall cases written order\n17 363 (2) stating maximum greater than\n20% of nominal value of issued\nshare capital\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n18 372 (1) exemption of person or class of\npersons from the operation of\npt 3.5, div 1\nall cases notifiable\ninstrument\n19 380 (1) exemption from compliance with\npt 3.5, div 2 or s 248\nall cases written order\n20 397 (4) exemption from compliance with\ns 397\nall cases written order\n21 401 (7) notification by Registrar of date\nof effect of transfer of\nengagements between\nco-operatives\nall cases notifiable\ninstrument\n22 404 (4) exemption from compliance with\ns 404 or s 248\nall cases written order\n23 443 (5) liquidator’s notice of appointment all cases written\nnotice\n\nSome matters referred to in Co-operatives National Law (ACT) Part 3\nSection 13\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\ncase\ncolumn 5\ndesignated\ninstrument\n24 445 (3) exemption from compliance with\ns 445 or s 248\nindividual\nco-operative\nwritten order\nclass of\nco-operatives\nnotifiable\ninstrument\n25 607 (3) Registrar's approval individual\nco-operative\nor person\nwritten order\nclass of\nco-operatives\nor persons\nnotifiable\ninstrument\n(2) In this section:\nnotifiable instrument means a notifiable instrument in the approved\nform.\nwritten notice means a written notice in the approved form.\nwritten order means a written order in the approved form.\n13 Designated tribunal—the Law, s 4\n(1) The designated tribunal for the Co-operatives National Law (ACT)\nis—\n(a) for part 7.3 (Appeals and review) of the Law—the ACAT; or\n(b) for any other provision of the Law—the Magistrates Court.\n(2) In a proceeding under this Act in which the Magistrates Court is the\ndesignated tribunal, the Magistrates Court may, on its own initiative\nor on application by a party to the proceeding—\n(a) transfer the proceeding to the Supreme Court on the ground that\nthe proceeding raises a complex question or matter of general\nimportance; or\n\nPart 3 Some matters referred to in Co-operatives National Law (ACT)\nSection 14\npage 12 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) reserve a question of law for determination by the Supreme\nCourt.\n(3) If a proceeding has been transferred to the Supreme Court under\nsubsection (2) (a), the proceeding may be continued and completed\nas if steps taken in the proceeding prior to the transfer had been taken\nin the Supreme Court.\n14 Shares compulsorily acquired—the Law, s 436\nFor the Co-operatives National Law (ACT), section 436 (3) (b) (ii),\nthe Corporations Act, section 1341 (1) and (2) (Entitlement to\nunclaimed property) are taken to be omitted and substituted by the\nfollowing subsections and note:\n‘(1) If unclaimed property is an amount of money, the amount must\nbe paid to the public trustee and guardian.\nNote A person who claims to be entitled to an amount paid to the public\ntrustee and guardian under this section may apply to the public\ntrustee for payment of the amount (see Unclaimed Money\nAct 1950, pt 5).\n(2) If unclaimed property has been sold or disposed of under\nsection 1339 (2), the amount of the proceeds must be paid to the\npublic trustee and guardian.’\n15 Deregistration—the Law, s 453\n(1) For the Co-operatives National Law (ACT), section 453 (d)\n(Application of Corporations Act—deregistration), a reference to the\nCommonwealth in any of the following sections of the\nCorporations Act is taken to be a reference to the Territory:\n(a) section 601AD (Effect of deregistration);\n(b) section 601AE (What the Commonwealth or ASIC does with\nthe property);\n(c) section 601AF (The Commonwealth’s and ASIC’s power to\nfulfil outstanding obligations of deregistered company).\n\nSome matters referred to in Co-operatives National Law (ACT) Part 3\nSection 16\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For the Co-operatives National Law (ACT), section 453 (e),\na reference in the Corporations Act, section 601AE, to crediting an\namount to a Special Account (within the meaning of the Public\nGovernance, Performance and Accountability Act 2013 of the\nCommonwealth) is taken to be a reference to crediting the amount to\nthe consolidated revenue fund.\n16 Costs of inquiry—the Law, s 530\nFor the Co-operatives National Law (ACT), section 530 (3) (b)\n(Costs of inquiry), the prescribed entity is the Territory.\n17 Secrecy—the Law, s 537\n(1) For the Co-operatives National Law (ACT), section 537 (4) (c)\n(Secrecy), information may be divulged to the following entities:\n(a) the Treasurer;\n(b) the commissioner for revenue;\n(c) the auditor-general;\n(d) the ombudsman;\n(e) the integrity commission;\n(f) a person nominated by a person mentioned in paragraphs (a)\nto (d).\n(2) For the Co-operatives National Law (ACT), section 537 (6),\ndefinition of former Act, the Cooperatives Act 2002 is specified.\n\nPart 3 Some matters referred to in Co-operatives National Law (ACT)\nSection 18\npage 14 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Pecuniary penalty orders—the Law, s 556\nFor the Co-operatives National Law (ACT), section 556 (2)\n(Pecuniary penalty orders), a pecuniary penalty ordered to be paid in\nthis jurisdiction is to be paid and treated as a civil debt owed to the\nTerritory.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n19 Registrar of Co-operatives—the Law, s 595\nThe commissioner for fair trading is designated as the Registrar of\nCo-operatives and may exercise the functions of the Registrar of\nCo-operatives under—\n(a) the local application provisions of this Act; and\n(b) the local regulations; and\n(c) the Co-operatives National Law (ACT); and\n(d) the Co-operatives National Regulation (ACT).\n20 Protection of officials from liability—the Law, s 595\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\n\nSome matters referred to in Co-operatives National Law (ACT) Part 3\nSection 21\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nconduct means an act or omission to do an act.\nfunction means a function under—\n(a) the local application provisions of this Act; or\n(b) the local regulations; or\n(c) the Co-operatives National Law (ACT); or\n(d) the Co-operatives National Regulation (ACT).\nofficial means—\n(a) the Minister; or\n(b) the Registrar; or\n(c) a public sector official engaged in the administration of the local\napplication provisions of this Act or the Co-operatives National\nLaw (ACT).\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n21 Stamp duty on transfer—the Law, s 620\n(1) This section applies if—\n(a) a co-operative that transfers its incorporation under the\nCo-operatives National Law (ACT), part 4.3 (Mergers and\ntransfers of engagements), division 2 (Transfer of\nincorporation), was before its registration as a co-operative\nunder that Law a company under the Corporations Act; and\n(b) stamp duty had been paid on its incorporation as a company in\nrelation to the amount of the nominal capital of the company\n(or, if the nominal capital was subsequently increased, on the\namount of its nominal capital as increased).\n\nPart 3 Some matters referred to in Co-operatives National Law (ACT)\nSection 22\npage 16 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Any stamp duty paid must be taken into account and included in\nassessing the stamp duty payable on its incorporation or registration\nin accordance with the transfer.\n22 Registration fees—the Law, s 620\nNo fee is chargeable under any Act for registration of an instrument\nexecuted or registered in relation to a transfer of any property to give\neffect to the Co-operatives National Law (ACT), section 413 (Effect\nof merger or transfer on assets and liabilities) or section 481 (Effect\nof merger or transfer of engagements) in relation to—\n(a) a merger of co-operatives; or\n(b) a transfer of engagements; or\n(c) a transfer of incorporation.\n\nApplication of Corporations Act Part 4\nSection 23\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Application of Corporations Act\n23 Definitions—pt 4\nIn this part:\napplied Corporations law means a provision or provisions of the\nCorporations legislation, or of an Act, regulation or other instrument\nforming part of the Corporations legislation, that this part applies to a\nmatter as if the provision were a territory law.\nCorporations legislation means the Corporations legislation to which\nthe Corporations Act, part 1.1A (Interaction between Corporations\nlegislation and State and Territory laws) applies.\ndeclaratory provision means a provision of a territory law to which\nthis part applies by operation of section 24.\nmatter includes act, omission, body, person or thing.\nmodification includes addition, exception, omission or substitution.\n24 Provisions to which this part applies\n(1) This part applies to a provision if the provision declares a matter to\nbe an applied Corporations legislation matter for the purposes of this\npart in relation to any of the following (whether with or without\nmodifications):\n(a) the whole of the Corporations legislation;\n(b) a specified Act, regulations or other instrument forming part of\nthe Corporations legislation;\n(c) a specified provision of the Corporations legislation or of an\nAct, regulation or other instrument forming part of the\nCorporations legislation.\n\nPart 4 Application of Corporations Act\nSection 25\npage 18 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply to a provision to the extent that it\ndeclares a matter to be an applied Corporations legislation matter for\nthe purposes of this part in relation to a provision of the Corporations\nlegislation, or of an Act, regulations or other instrument forming part\nof the Corporations legislation, that already applies to the matter as a\nlaw of the Commonwealth.\n25 Effect of declaratory provisions\n(1) Subject to this part, a declaratory provision has effect in relation to a\nmatter as follows:\n(a) if the declaratory provision is one to which section 24 (1) (a)\napplies—the whole of the Corporations legislation applies to the\nmatter as if it were a territory law;\n(b) if the declaratory provision is one to which section 24 (1) (b)\napplies—the Act, regulation or other instrument specified by the\ndeclaratory provision applies to the matter as if it were a territory\nlaw;\n(c) if the declaratory provision is one to which section 24 (1) (c)\napplies—the provision specified by the declaratory provision\napplies in relation to the matter as if it were a territory law.\n(2) A provision applied to a matter by a declaratory provision, or taken\nby force of section 29 (1) (Implied application of regulations and\nother provisions of Corporations legislation) to apply to the matter, is\napplied as in force from time to time unless the declaratory provision\napplies it as in force at a particular time specified by the declaratory\nprovision.\n\nApplication of Corporations Act Part 4\nSection 26\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Modifications to applied Corporations law\n(1) This part operates to apply a provision of the Corporations legislation,\nor of an Act, regulation or other instrument forming part of the\nCorporations legislation, as a territory law subject to the following\nmodifications:\n(a) any modifications specified by or under the declaratory\nprovision;\nNote The Co-operatives National Law (ACT), s 15 also modifies the\napplied provisions, including modifying references to ASIC and\nthe gazette.\n(b) a reference to the Minister is a reference to the Minister\nadministering the declaratory provision;\n(c) a reference to this jurisdiction is a reference to the ACT;\n(d) any other modifications that are necessary or prescribed by\nregulation, whether generally or in relation to a particular\napplied Corporations law.\n(2) Any power to make regulations under an Act containing a declaratory\nprovision extends to the making of regulations specifying\nmodifications for the purposes of this part.\n(3) Except as provided by subsection (1), definitions and other\ninterpretation provisions of the Corporations legislation, or of the Act,\nregulations or other instrument forming part of the Corporations\nlegislation, relevant to the applied Corporations law are taken also to\napply to the matter that is the subject of the declaratory provision.\n(4) This section has effect subject to the following sections:\n(a) section 27 (Conferral of functions on ASIC);\n(b) section 28 (Conferral of functions on ACT courts);\n\nPart 4 Application of Corporations Act\nSection 27\npage 20 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) section 29 (Implied application of regulations and other\nprovisions of Corporations legislation);\n(d) section 30 (Proceedings for offences).\n27 Conferral of functions on ASIC\n(1) Neither a declaratory provision nor an applied Corporations law\noperates to confer a function on ASIC in relation to the applied\nCorporations law unless—\n(a) the declaratory provision provides for ASIC to exercise that\nfunction pursuant to an agreement or arrangement of the kind\nreferred to in the Australian Securities and Investments\nCommission Act 2001 (Cwlth), section 11 (8) or (9A) (b)\n(Corporations legislation functions and powers and other\nfunctions and powers); and\n(b) ASIC is authorised to exercise that function under the Australian\nSecurities and Investments Commission Act 2001 (Cwlth),\nsection 11.\n(2) If a declaratory provision operates to confer a function on ASIC in\nrelation to an applied Corporations law, the conferral of that function\nis taken not to impose a duty to exercise that function despite anything\nto the contrary in the applied Corporations law.\n28 Conferral of functions on ACT courts\nAn applied Corporations law that confers a function or duty on a court\nor on the Court is taken to confer that function or duty (along with the\njurisdiction to exercise that function or duty) on the Supreme Court\nor such other court of the ACT specified by or under the declaratory\nprovision.\n\nApplication of Corporations Act Part 4\nSection 29\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Implied application of regulations and other provisions of\nCorporations legislation\n(1) Unless a declaratory provision provides otherwise, the following\nprovisions of the Corporations legislation, or of an Act, regulation or\nother instrument forming part of the Corporations legislation, are also\ntaken to apply to a matter that is the subject of a declaratory provision\nas if they were a territory law:\n(a) the provisions of any regulations made under the applied\nCorporations law;\n(b) any provision of the Corporations legislation, or of an Act,\nregulation or other instrument forming part of the Corporations\nlegislation, that creates an offence in relation to a contravention\nof the applied Corporations law or specifies the penalty for an\noffence created by a provision of the applied Corporations law;\n(c) the provisions of the Corporations Act, part 9.4B (Civil\nconsequences of contravening civil penalty provisions) for the\npurposes of any provision of the applied Corporations law that\nis a civil penalty provision within the meaning of that part.\n(2) The regulations may prescribe modifications (whether generally or in\nrelation to a particular applied Corporations law) of any of the\nprovisions that are also taken to apply to a matter by force of\nsubsection (1) for the purposes of that application.\n30 Proceedings for offences\n(1) Proceedings for an offence against an applied Corporations law may\nbe dealt with as an offence against a territory law.\n(2) For the purposes of an offence against an applied Corporations law—\n(a) the amount of a penalty unit specified in relation to the offence\nby the applied Corporations law, or a provision taken by force\nof section 29 (1) to apply to the matter that is the subject of the\ndeclaratory provision, is $100; and\n\nPart 4 Application of Corporations Act\nSection 31\npage 22 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) territory laws apply in relation to the offence as if the applied\nCorporations law, or a provision taken by force of section 29 (1)\nto apply to the matter that is the subject of the declaratory\nprovision, were a territory law.\n(3) Without limiting subsection (2) (b), the territory law referred to in\nthat subsection as applying in relation to an offence include laws with\nrespect to the following:\n(a) the investigation and prosecution of offences;\n(b) the arrest, custody, bail, trial, finding of guilt and conviction of\npersons charged with offences;\n(c) proceedings relating to a matter referred to in paragraph (a)\nor (b);\n(d) the classification of offences as indictable or summary;\n(e) appeals and reviews relating to criminal proceedings and to\nproceedings of the kind referred to in paragraph (c);\n(f) the sentencing, punishment and release of persons found guilty\nor convicted of offences;\n(g) fines, penalties and forfeitures;\n(h) confiscation of the proceeds of crime.\n31 Application of Corporations legislation by other means\nNothing in this part prevents a territory law from applying any\nprovision of the Corporations legislation, or of an Act, regulations or\nother instrument forming part of the Corporations legislation, as a\nterritory law otherwise than by means of a declaratory provision.\n\nMiscellaneous Part 5\nSection 32\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n32 Rules of co-operatives formed to carry on club may\nrestrict voting rights\n(1) This section applies to a co-operative that has as a primary activity\nthe operation, maintenance or carrying on of a club.\n(2) The rules of the co-operative may provide for different classes of\nmembership, and restrict the voting rights attaching to membership\nof those different classes, only if—\n(a) the Registrar approves of the provision; and\n(b) the membership of the class or classes entitled to full voting\nrights constitutes at least 40% of the total membership of the\nco-operative.\n(3) A rules provision mentioned in subsection (2) may be amended only\nwith the prior approval of the Registrar.\n33 Proceeding for offences\n(1) A proceeding for an offence is to be disposed of summarily in the\nMagistrates Court.\n(2) A proceeding for an offence under the local application provisions of\nthis Act may be commenced—\n(a) not later than 5 years after the alleged commission of the\noffence; and\n(b) only by the Registrar or a person authorised, in writing, by the\nRegistrar to commence proceedings.\nNote The Co-operatives National Regulation (ACT), s 551 and s 552 deal with\ncommencing proceedings for an offence under that Law or the\nCo-operatives National Regulations.\n\nPart 5 Miscellaneous\nSection 34\npage 24 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\noffence means an offence under—\n(a) the local application provisions of this Act; or\n(b) the local regulations; or\n(c) the Co-operatives National Law (ACT); or\n(d) the Co-operatives National Regulation (ACT).\n34 Proceeding for recovery of fines or penalties under\nco-operatives rules\nA proceeding for the recovery of a fine or penalty imposed by the\nrules of a co-operative may be commenced—\n(a) in the Magistrates Court; and\n(b) only on application by the co-operative.\n35 Regulation-making power—local regulations\n(1) The Executive may make regulations (the local regulations) for—\n(a) the local application provisions of this Act; and\n(b) the Co-operatives National Law (ACT).\n(2) A regulation may make provision in relation to—\n(a) the administration of the Co-operatives National Law (ACT);\nand\n(b) procedural matters relating to any aspects of the Co-operatives\nNational Law (ACT); and\n(c) without limiting paragraph (a) or (b), administrative matters\nrelating to the supervision and inspection of co-operatives.\n\nMiscellaneous Part 5\nSection 35\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A regulation may create offences and fix maximum penalties for the\noffences of not more than the amount mentioned in the Co-operatives\nNational Law (ACT), section 612 (5) (Power to make Co-operatives\nNational Regulations).\n\nSchedule 1 Modifications—Co-operatives National Law\nModification [1.1AA]\npage 26 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modifications—Co-operatives\nNational Law\n(see s 7)\n[1.1AA] Section 4, new definition of disallowable instrument\ninsert\ndisallowable instrument—see the Legislation Act 2001 (ACT),\nsection 9.\n[1.1] Section 15 (2) (f)\nsubstitute\n(f) a reference in the applied provisions to notification (however\ndescribed) in the Gazette is to be read as a reference to\nnotification under the Legislation Act;\n[1.1A] Section 26 (1) (b) (ii)\nsubstitute\n(ii) determined by the Minister by disallowable instrument;\nand\n[1.1B] Section 31 (b) (ii)\nsubstitute\n(ii) determined by the Minister by disallowable instrument;\nand\n[1.1C] Section 37 (b) (ii)\nsubstitute\n(ii) determined by the Minister by disallowable instrument;\nand\n\nModifications—Co-operatives National Law Schedule 1\nModification [1.1D]\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.1D] Section 57 (2) (b)\nomit\n(b) prescribed by the local regulations;\nfor obtaining a copy of the rules from the Registrar.\nsubstitute\n(b) determined by the Minister by disallowable instrument;\nfor obtaining a copy of the rules from the Registrar.\n[1.1E] Section 57 (3) (b)\nsubstitute\n(b) determined by the Minister by disallowable instrument.\n[1.2] Section 88 (1), penalty\nomit\nor imprisonment for 6 months, or both\n[1.3] Section 88 (2), penalty\nomit\nor imprisonment for 6 months, or both\n[1.4] Section 90 (1), penalty\nomit\nor imprisonment for 6 months, or both\n[1.5] Section 92 (1), penalty\nomit\nor imprisonment for 3 months, or both\n\nSchedule 1 Modifications—Co-operatives National Law\nModification [1.5A]\npage 28 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.5A] Section 92 (8) (b)\nsubstitute\n(b) determined by the Minister by disallowable instrument.\n[1.5B] New section 214 (1) (a) (v)\ninsert\n(v) any disallowable instrument made under this Law;\n[1.5C] Section 214 (5) (b)\nsubstitute\n(b) determined by the Minister by disallowable instrument.\n[1.5D] Section 243 (2) (c) and note\nsubstitute\n(c) be accompanied by the filing fee:\n(i) prescribed by the National Regulations, unless\nsubparagraph (ii) applies; or\n(ii) determined by the Minister by disallowable instrument.\nNote See section 444 (4) (a) regarding the period within which a special\nresolution must be filed with the Registrar in connection with the\nvoluntary winding up of a co-operative.\n[1.6] Section 252 (1), penalty\nomit\nor imprisonment for 3 months, or both\n[1.7] Section 252 (2), penalty\nomit\nor imprisonment for 3 months, or both\n\nModifications—Co-operatives National Law Schedule 1\nModification [1.8]\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.8] Section 286 (4), penalty\nomit\npenalty units or imprisonment for 3 months, or both\n[1.9] Section 287 (1), penalty\nomit\nor imprisonment for 3 months, or both\n[1.10] Section 340 (1), penalty\nomit\nor imprisonment for 6 months, or both\n[1.11] Section 340 (2), penalty\nomit\nor imprisonment for 6 months, or both\n[1.12] Section 453 (e)\nomit\n(within the meaning of the Financial Management and\nAccountability Act 1997 of the Commonwealth)\nsubstitute\n(within the meaning of the Public Governance, Performance and\nAccountability Act 2013 (Cwlth))\n[1.12A] Section 522 (4) (b)\nsubstitute\n(b) determined by the Minister by disallowable instrument.\n\nSchedule 1 Modifications—Co-operatives National Law\nModification [1.13]\npage 30 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.13] Section 570\nsubstitute\n570 Operation of Part—appeal means review\nA reference in this part to an appeal against a decision of the Registrar\nmeans a review of the decision.\nNote Decisions are reviewed under the ACT Civil and Administrative Tribunal\nAct 2008, pt 4A.\n[1.14] New section 578 (4)\ninsert\n(4) In this section:\nrules of the designated tribunal means the ACT Civil and\nAdministrative Tribunal Act 2008.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n[1.15] Section 601 (5), definition of prescribed fee, paragraph (b)\nsubstitute\n(b) determined by the Minister by disallowable instrument.\n[1.16] Section 604 (b)\nomit\n(ii) prescribed by the local regulations;\nhas been paid.\nsubstitute\n(ii) determined by the Minister by disallowable instrument;\nhas been paid.\n\nDictionary\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• auditor-general\n• commissioner for fair trading\n• commissioner for revenue\n• Corporations Act\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• instrument (see s 14)\n• integrity commission\n• magistrate\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• ombudsman\n• police officer\n• public employee\n• public servant\n• public trustee and guardian\n• Supreme Court\n• territory law\n• Treasurer.\napplied Corporations law, for part 4 (Application of Corporations\nAct)—see section 23.\nCo-operatives National Law means the Co-operatives National Law\nset out in the appendix to the Co-operatives (Adoption of National\nLaw) Act 2012 (NSW).\n\nDictionary\npage 32 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCo-operatives National Law (ACT) means the provisions applying\nbecause of section 7 (1).\nCo-operatives National Regulation (ACT) means the provisions\napplying because of section 7 (2).\nCo-operatives National Regulations means the Co-operatives\nNational Regulations made under the Co-operatives National Law.\nCorporations legislation, for part 4 (Application of Corporations\nAct)—see section 23.\ndeclaratory provision, for part 4 (Application of Corporations Act)—\nsee section 23.\nlocal application provisions of this Act means the provisions of this\nAct other than—\n(a) the Co-operatives National Law (ACT); and\n(b) the modified text of the Co-operatives National Law (ACT) in\nschedule 1.\nlocal regulations—see section 35.\nmatter, for part 4 (Application of Corporations Act)—see section 23.\nmodification, for part 4 (Application of Corporations Act)—see\nsection 23.\n\nEndnotes\nAbout the endnotes 1\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 34 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCo-operatives National Law (ACT) Act 2017 A2017-8\nnotified LR 4 April 2017\ns 1, s 2 commenced 4 April 2017 (LA s 75 (1))\nremainder commenced 1 May 2017 (s 2)\nas amended by\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 4\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 4 commenced 16 November 2017 (s 2 (1))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.3 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.41\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.41 commenced 6 December 2025 (s 2 (5))\n\nEndnotes\nAmendment history 4\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExclusion of Legislation Act\ns 8 am A2017-38 s 10; ss renum R2 LA\nDesignated instrument—the Law, s 4\ns 12 am A2025-29 amdt 4.41\nSecrecy—the Law, s 537\ns 17 am A2018-52 amdt 1.12; pars renum R3 LA\nRepeals and consequential amendments\npt 6 hdg om LA s 89 (3)\nLegislation repealed\ns 36 om LA s 89 (3)\nLegislation amended—sch 2\ns 37 om LA s 89 (3)\nRegulation-making power—local regulations\ns 35 am A2025-29 amdt 4.41\nTransitional\npt 10 hdg exp 1 May 2022 (s 58)\nMeaning of commencement day—pt 10\ns 50 exp 1 May 2022 (s 58)\nExclusion of Legislation Act—Co-operatives National Regulations\ns 51 exp 1 May 2022 (s 58)\nSaving of operation of Cooperatives Act 2002\ns 52 exp 1 May 2022 (s 58)\nRegistration of co-operatives\ns 53 exp 1 May 2022 (s 58)\nMinimum paid up amount of shares—the Law, s 78 (4)\ns 54 exp 1 May 2022 (s 58)\nEntitlements of former members of trading co-operatives—the Law, sch 3,\ns 1\ns 55 exp 1 May 2022 (s 58)\nEntitlement to distribution from business or reserves of co-operative\ns 56 exp 1 May 2022 (s 58)\nTransitional regulations\ns 57 exp 1 May 2022 (s 58)\n\nEndnotes\n5 Earlier republications\npage 36 Co-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\nR5\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExpiry—pt 10\ns 58 exp 1 May 2022 (s 58)\nModifications—Co-operatives National Law\nsch 1 am A2017-38 ss 11-15; A2025-29 amdt 4.41\nConsequential amendments\nsch 2 hdg om LA s 89 (3)\nDictionary\ndict am A2018-52 amdt 1.13\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 May 2017\n1 May 2017–\n15 Nov 2017\nnot amended new Act\nR2\n16 Nov 2017\n16 Nov 2017–\n30 Nov 2019\nA2017-8 amendments by\nA2017-8\nR3\n1 Dec 2019\n1 Dec 2019–\n1 May 2022\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\nR4\n2 May 2022\n2 May 2022–\n5 Dec 2025\nA2019-18 expiry of\ntransitional\nprovisions (pt 10)\n\nEndnotes\nExpired transitional or validating provisions 6\nR5\n06/12/25\nCo-operatives National Law (ACT) Act 2017\nEffective: 06/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains faithful to its original, stated purpose: to apply the national Co‑operatives Law within the ACT while making local adjustments. The 2017 text and later amendments tailor enforcement, administrative and fee‑setting arrangements (for example, replacing some national notification/fee mechanisms with Ministerial disallowable instruments, modifying penalties by omitting imprisonment for certain offences in Schedule 1, and designating the Commissioner for Fair Trading as Registrar (s 19; Schedule 1)). Those changes alter how the national Law operates locally (administration, enforcement method, and executive discretion) but do not expand the substantive subject matter beyond the original objective of adopting the national co‑operatives framework for the Territory."},"complexity_factors":["Adopts an external statutory text (the Co‑operatives National Law set out in the NSW Act appendix) and applies it as Territory law (s 7) — requires cross‑referencing two legislative instruments.","Schedule 1 contains numerous discrete local modifications to the national text (many items [1.1AA] and [1.1]–[1.16]), changing penalties, fee‑setting and procedural provisions.","Part 4 makes declaratory applications of Corporations legislation with layered modifications and implied applications of subsidiary regulations (ss 23–31) — multiple cross‑references to Commonwealth law.","Conferral rules for ASIC and courts add conditional logic: ASIC functions only if agreement/authorisation exists (s 27); applied court functions map to ACT courts with transfer powers (ss 27–28, 13).","Designated instruments table (s 12) lists many instrument types (notifiable instruments, written orders, written notices) each tied to specific exemption/approval pathways — administrative complexity.","Multiple conditional modifications replace national 'Gazette/notification' or national fee mechanisms with Ministerial disallowable instruments (Schedule 1 items), increasing conditional statutory discretion.","Removal/omission of imprisonment penalties in many places (Schedule 1 [1.2]–[1.11]) changes enforcement character across several offences — requires checking which offences are now only monetary.","Secrecy, information‑sharing and immunity provisions (ss 17, 20) tie to other Territory agencies and shift civil liability to the Territory — legal interaction complexity.","Procedural constraints on prosecutions and recovery actions (s 33, s 34) limit who can commence actions and where, adding procedural nuance for enforcement.","Dependence on presentation and possible disallowance of future NSW amendments to the national Law (s 7(2)–(4)) creates an additional legislative‑oversight layer and potential timing uncertainty."],"plain_english_summary":"**What this law does (mechanically)\n\n- Adopts the national model Co-operatives National Law (the Law) into the ACT as a Territory law, subject to the local changes set out in Schedule 1 (see s 7 and Schedule 1).  The national Regulations under that Law also apply as the Co-operatives National Regulation (ACT) (s 7(5)).\n\n- Makes the ACT Commissioner for Fair Trading the Registrar of Co‑operatives and gives that office the many registration, inspection and approval functions under the applied Law (s 19; schedule items and designated authority list, s 11).\n\n- Specifies which local bodies hear disputes and appeals under the applied Law: the ACT Civil and Administrative Tribunal (ACAT) handles appeals and reviews listed in part 7.3 of the Law, and the Magistrates Court is the default designated tribunal for other matters, with power to transfer complex matters to the Supreme Court (s 13).\n\n- Applies parts of the Corporations legislation to co‑operative matters by declaratory provisions in this Act (part 4, ss 23–31). Those provisions are applied as Territory law but are subject to modifications (for example, references to the ACT or to the local Minister) (ss 24–26). The conferral of any function on ASIC only operates if ASIC has agreed and is authorised (s 27).\n\n- Gives the Executive power to make local regulations for administration and procedural matters for the local application provisions and the applied Law (s 35). The regulations can create offences within the maximums set by the national Law (s 35(3)).\n\n- Limits who can start criminal or quasi‑criminal proceedings under the local application provisions: only the Registrar or someone authorised in writing by the Registrar may commence proceedings, and prosecutions must be brought within 5 years of the alleged offence (s 33(2)). Proceedings for offences are dealt with summarily in the Magistrates Court (s 33(1)).\n\n- Changes some enforcement and administrative details compared with the unmodified national text: pecuniary penalty orders are to be treated as civil debts owed to the Territory (s 18); some penalties that in the national Law attracted imprisonment have been removed or modified in the local text (see many Schedule 1 modifications); fees and particular administrative amounts in the applied Law are in places set by the Minister by disallowable instrument rather than left to the national Regulations (Schedule 1 modifications such as [1.1A], [1.1D], [1.5A], [1.5C], [1.15]).\n\n- Provides secrecy and information‑sharing rules (who may receive confidential material) and makes explicit that certain Territory agencies may be given otherwise‑protected information (s 17). It also protects officials acting honestly (liability attaches to the Territory rather than the official) (s 20).\n\n- Addresses a few practical points for transfers, mergers and deregistration (stamp duty treatment, registration fees and how unclaimed funds are handled) so transfer consequences work under Territory financial rules rather than Commonwealth special accounts (ss 14, 15, 21, 22).\n\n- Allows club co‑operatives (those whose primary business is running a club) to create membership classes and restrict voting rights only with Registrar approval and provided at least 40% of members retain full voting rights (s 32).\n\n\nWho this affects\n\n- All co‑operatives that are incorporated or operate under the Co‑operatives National Law in the ACT: they will be governed by the national model Law as modified by this Act and the local regulations (s 7; Schedule 1).\n- Directors, officers and members of co‑operatives: governance, disclosure, reporting, audit and membership rights rules under the national Law apply, subject to local modifications (part 4 interaction with Corporations legislation and specific schedule changes).\n- The Registrar (Commissioner for Fair Trading), the Magistrates Court, ACAT, the Minister and ACT enforcement agencies, who receive new or clarified responsibilities and powers under the local application provisions (ss 11, 13, 19, 35).\n- Small co‑operatives and club co‑operatives in particular face discrete rules (e.g. s 32 and several exemption/approval pathways in table 12 and Schedule 1).\n\n\nWhy it matters (claimed purpose and practical trade‑offs)\n\n- The stated purpose is to give the ACT the national co‑operatives framework so co‑operatives operate under a consistent national model. That is achieved by importing the national Law and Regulations and tailoring some administrative and enforcement aspects for the ACT (s 7; schedule 1).\n\n- Trade‑offs and implementation considerations:\n  - Uniformity vs local tailoring: adopting the national Law reduces duplication (lower fixed regulatory costs for co‑operatives active across jurisdictions) but requires local modifications where Territory practice differs (Schedule 1). That brings implementation complexity because the ACT text must be read together with the national text in the NSW appendix (s 7).\n  - Administrative concentration: the Registrar has gatekeeping functions (approvals, exemptions, prosecution rights). This centralisation reduces the number of actors who can prosecute (s 11; s 33), which may lower administrative costs but concentrates discretionary decision‑making about enforcement and exemptions in the Registrar and the Minister (see designated instruments table, s 12 and Schedule 1).\n  - Executive discretion over fees and some administrative matters: several items move fee‑setting or procedural amounts to Ministerial disallowable instruments (Schedule 1, e.g. [1.1A], [1.1D], [1.5A], [1.15]). That gives the Executive a flexible mechanism to set amounts quickly, but it increases the role of executive decision making in regulatory design and may raise the likelihood of short‑term changes that business must track.\n  - Enforcement design: a number of imprisonment penalties in the unmodified national text are omitted in the ACT version (Schedule 1, modifications such as [1.2]–[1.11]). Where criminal sanctions are reduced or removed, enforcement shifts toward fines or civil penalties (s 18), changing deterrence and compliance calculus for co‑operatives. That reduces the criminal enforcement burden but may also alter incentives for compliance.\n  - Cross‑jurisdictional timing and oversight: NSW parliamentary amendments to the national Law are taken to apply in the ACT unless the Assembly disallows them or they aren’t presented (s 7(2)–(4)). This arrangement speeds alignment with the national text but creates a small legislative‑oversight burden on the ACT Assembly and potential timing lags or uncertainty while NSW changes propagate.\n\n\nPractical effects on markets, contracts and behaviour (mechanisms, not judgments)\n\n- Private enterprise and co‑operatives: co‑operatives in the ACT must follow the national governance, reporting and member‑rights rules as adapted locally. That affects how they write rules, admit members, issue shares and merge or transfer engagements (parts of the applied Law and schedule items such as ss 413, 481 references; ss 21–22).\n- Competition and entry costs: using a national Law may lower compliance costs for multi‑jurisdictional co‑operatives, while local modifications (fee‑setting, approval gates) create administrative compliance costs that small co‑operatives must absorb (s 35; Schedule 1).\n- Contracts and ownership rights: the Act preserves the co‑operative rule‑making system but requires Registrar approval for certain restrictions (e.g. on voting classes for club co‑operatives) and prior approvals for some rule changes (s 32; table 12 items). This affects contractual design of member rights.\n- Enforcement and private choice: by concentrating prosecutorial initiation in the Registrar and reducing custodial penalties in several places, the law shifts enforcement toward administrative and civil remedies; that changes the incentives for private actors to self‑comply versus rely on deterrence (s 33; s 18; Schedule 1).\n\n\nImplementation, compliance and risk notes\n\n- Reading the ACT rules requires consulting three documents: this Act (local application provisions), the Co‑operatives National Law as set out in the NSW appendix, and the local Regulations—interpretation complexity is therefore non‑trivial (s 7; s 35).\n- The Act increases the role of the Minister and Registrar in setting certain fees and exemptions (Schedule 1 modifications). That makes policy changes administratively simpler, but it raises the need for stakeholders to monitor disallowable instruments and Ministerial orders for sudden changes (Schedule 1 items such as [1.1A], [1.1D], [1.5A], [1.15]).\n- Concentration of prosecutorial power in the Registrar and restrictions on who may commence proceedings (s 33) reduce parallel private prosecutions but place resource and discretion burdens on the Registrar’s office.\n\n\nKey sections to refer to for further detail: s 7 (adoption of the national Law), Schedule 1 (local modifications), s 11–13 (designated authority, instrument and tribunal), part 4 (ss 23–31) on how Corporations legislation is applied, s 19 (Registrar), s 20 (officials’ protection), s 32 (club co‑operatives), s 33 (prosecutions), and s 35 (local regulations)."},"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":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of applying the national co-operatives law to the ACT with necessary local adaptations. While it incorporates external legislation by reference, this was the intended mechanism from the outset rather than scope creep."},"complexity_factors":["The Act is an 'application Act' that imports an external statute (the Co-operatives National Law from NSW) by reference, requiring readers to consult two separate documents to understand the full law","Extensive cross-referencing between the ACT Act, the Co-operatives National Law, the Corporations Act, and the Legislation Act 2001 (ACT)","Schedule 1 contains 22 specific textual modifications to the imported law, requiring readers to mentally 'patch' the base text","Part 4 creates a complex mechanism for applying federal Corporations Act provisions as territory law with modifications","Multiple defined terms with signpost definitions pointing to other sections or external legislation","Conditional logic regarding disallowance of amendments passed by NSW Parliament (sections 7(2)-(4))","Different designated authorities and tribunals depending on the specific provision being invoked"],"plain_english_summary":"This Act brings the Co‑operatives National Law into force in the ACT, adapting it with local references (e.g. Commissioner for Fair Trading, ACAT/Magistrates Court) and allowing certain Corporations Act provisions to apply to co‑operatives as territory law. \n\nIt affects ACT co‑operatives, their members and directors, and regulators—creating a consistent national framework that reduces red tape, clarifies administration, and eases cross‑jurisdictional operation."}},"importantCases":[],"_links":{"self":"/api/acts/co-operatives-national-law-act-act-2017","history":"/api/acts/co-operatives-national-law-act-act-2017/history","analysis":"/api/acts/co-operatives-national-law-act-act-2017/analysis","conflicts":"/api/acts/co-operatives-national-law-act-act-2017/conflicts","importantCases":"/api/acts/co-operatives-national-law-act-act-2017/important-cases","documents":"/api/acts/co-operatives-national-law-act-act-2017/documents"}}