{"id":"tas:sr-2025-038","name":"Co-operatives National Law (Tasmania) Local Regulations 2025","slug":"co-operatives-national-law-tasmania-local-regulations-2025","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174337,"registerId":"tas-sr-2025-038-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Co-operatives National Law (Tasmania) Local Regulations 2025](/view/html/inforce/2026-04-12/sr-2025-038) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 12 August 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Co-operatives National Law (Tasmania) Act 2015](/view/html/inforce/2026-04-12/act-2015-006) .\n> \n> > (2)  A term used in these regulations and the *Co-operatives National Law (Tasmania)* has the same meaning as in the *Co-operatives National Law (Tasmania)*.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Unsuitable names for co-operatives","content":"### 4 Unsuitable names for co-operatives\n\n> For the purposes of section 220(5) of the *Co-operatives National Law (Tasmania)* and regulation 3.7 of the *Co-operatives National Regulations (Tasmania)*, a name is otherwise unsuitable if the Registrar is satisfied it is likely to mislead.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exemptions from prohibition on registering or trading under name including co-operative or similar words","content":"### 5 Exemptions from prohibition on registering or trading under name including co-operative or similar words\n\n> > (1)  For the purposes of sections 220(7) and 225(2) of the *Co-operatives National Law (Tasmania)*, an entity is exempt if it is –\n> > \n> > > > (a) permitted to assume or use the expression *building society*, *credit union* or *credit society* under section 66 of the *Banking Act 1959* of the Commonwealth; or\n> > > \n> > > > (b) a friendly society within the meaning of the *Life Insurance Act 1995* of the Commonwealth.\n> \n> > (2)  The Registrar may, by written notice given to an entity, grant the entity an exemption from section 220(4) or 225(1) of the *Co-operatives National Law (Tasmania)*.\n> \n> > (3)  The notice –\n> > \n> > > > (a) must specify whether the exemption is provided under section 220(7) or 225(2) of the *Co-operatives National Law (Tasmania)*, or both provisions; and\n> > > \n> > > > (b) may specify conditions to which the exemption is subject.\n> \n> > (4)  The Registrar may, by further written notice given to the entity –\n> > \n> > > > (a) vary the conditions of the exemption; or\n> > > \n> > > > (b) revoke the exemption.\n> \n> > (5)  For the purposes of this regulation, notice is given to an entity if it is given to a member of the controlling body of the entity.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Applications for transfer of incorporation","content":"### 6 Applications for transfer of incorporation\n\n> For the purposes of section 403(b) of the *Co-operatives National Law (Tasmania)*, the following legislation is prescribed:\n> \n> > > (a) the [Associations Incorporation Act 1964](/view/html/inforce/2026-04-12/act-1964-064) ;\n> > \n> > > (b) the *Corporations (Aboriginal and Torres Strait Islander) Act 2006* of the Commonwealth;\n> > \n> > > (c) any legislation of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Procedures regarding giving of exemptions","content":"### 7 Procedures regarding giving of exemptions\n\n> For the purposes of section 621 of the *Co-operatives National Law (Tasmania)*, an application for an exemption must be –\n> \n> > > (a) made in writing, and\n> > \n> > > (b) accompanied by the relevant prescribed fee, if any.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Fees","content":"### 8 Fees\n\n> For the purposes of the *Co-operatives National Law (Tasmania)*, the fees specified in [Schedule 1](#JS1@EN) are prescribed.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Co-operatives may continue to operate under existing rules","content":"### 9 Co-operatives may continue to operate under existing rules\n\n> > (1)  In this regulation –\n> > \n> > > ***relevant law*** means any of the following:\n> > > \n> > > > > (a) the Act;\n> > > > \n> > > > > (b) the *Co-operatives National Law (Tasmania)*;\n> > > > \n> > > > > (c) the *Co-operatives National Regulations (Tasmania)*;\n> > > > \n> > > > > (d) these regulations.\n> \n> > (2)  For the purposes of [clause 1 of Part 1 of Schedule 1 to the](/view/html/inforce/2026-04-12/act-2015-006#JS1@HS1@GC1@EN) [Co-operatives National Law (Tasmania) Act 2015](/view/html/inforce/2026-04-12/act-2015-006) , a co-operative may continue to operate under the rules of the co-operative that were in force immediately before the Act commenced.\n> \n> > (3)  However –\n> > \n> > > > (a) a provision of a relevant law prevails over a provision of the rules to the extent of an inconsistency; and\n> > > \n> > > > (b) a reference in the rules to a requirement under the *Cooperatives Act 1999 (Repealed)* or the *Cooperatives Regulations 2010 (Rescinded)* is taken to be a reference to a requirement under a relevant law that substantially corresponds to that requirement; and\n> > > \n> > > > (c) a reference in the rules to a co-operative being a trading co-operative or non-trading co-operative is taken to be a reference to the co-operative being a distributing co-operative or non-distributing co-operative, respectively.","sortOrder":8},{"sectionNumber":"SCHEDULE 1 - Fees","sectionType":"part","heading":"SCHEDULE 1 - Fees","content":"# SCHEDULE 1 - Fees SCHEDULE 1 - Fees\n\n[Regulation 8](#GS8@EN)\n\n| Column 1Item | Column 2Provision of Co-operatives National Law (Tasmania) | Column 3Matter | Column 4Fee (in fee units) |\n| 1. | Section 26(1)(b)(ii) | Application for registration of proposed co-operative | 18 |\n| 2. | Section 31(b)(ii) | Application for registration of existing corporation | 18 |\n| 3. | Section 37(b)(ii) | Application for duplicate certificate of registration | 18 |\n| 4. | Section 243(2)(c)(ii) | Filing of copies of special resolution for registration | 46 |\n| 5. | Section 289(1) | Lodgment of annual report by large co-operative | 165 |\n| 6. | Section 293(1) | Lodgment of annual return by small co-operative | 46 |\n| 7. | Section 316(4) | Application for exemption from provisions relating to financial reports and audits – co-operative | 165 |\n| 8. | Section 319(4) | Application for exemption from provisions relating to financial reports and audits – non-auditor or former member of audit firm or company | 165 |\n| 9. | Section 337(1) | Lodgment of disclosure document for offer to issue debentures | 1 300 |\n| 10. | Section 359(3) | Application for exemption from provisions relating to acquisition and disposal of assets | 165 |\n| 11. | Section 425(4) | Filing of office copy of order facilitating reconstruction or merger | 18 |\n| 12. | Section 601(1)(a) | Inspection of register of co-operatives | 18 |\n| 13. | Section 601(1)(b) | Inspection of prescribed document kept by Registrar | 18 |\n| 14. | Section 601(1)(c) | Obtaining extract from register of co-operatives | 18 |\n| 15. | Section 601(1)(d) | Obtaining certified copy of prescribed document kept by Registrar | 18 |\n| 16. | Section 601(1)(e) | Obtaining copy of prescribed document kept by Registrar | 18 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 July 2025\n\nThese regulations are administered in the Department of Justice.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations do not expand or narrow the substantive scope of the Co‑operatives National Law. They prescribe procedural details—fees (Schedule 1), application formality (reg 7), exemptions process and Registrar powers (reg 5)—and transitional arrangements preserving pre-existing co‑operative rules subject to inconsistencies with relevant law (reg 9). Costs and compliance obligations are allocated to applicants and co‑operatives while administrative discretion is given to the Registrar."},"complexity_factors":["Multiple prescribed fees across common registry actions and filings (Schedule 1) — creates varied compliance costs and bookkeeping for co‑operatives and applicants.","Registrar discretion to grant, vary or revoke exemptions (reg 5(2)–(4)) — introduces administrative decision-making and potential unpredictability for entities.","Cross-references to Commonwealth Acts and other incorporation laws for exemptions and transfers (reg 5(1), reg 6) — requires legal cross-jurisdictional checks when applying.","Formal application requirements and fee payment for exemption applications (reg 7) — procedural burden and triggers for fee liability.","Transitional saving allowing existing rules to remain in force subject to inconsistency (reg 9(2)–(3)) — raises interpretive work to map old rules to current requirements.","Fixed commencement date (reg 2) — creates a clear implementation deadline for affected parties."],"plain_english_summary":"**What it does:** Prescribes local procedural rules and fees for co‑operative registration, exemptions and transfers under the Co‑operatives National Law (Tasmania), and allows existing co‑operative rules to continue subject to inconsistency.  \n\n**Who it affects and why it matters:** Co‑operatives, applicants and the Registrar — by imposing fees, formal application requirements, and Registrar discretion to grant, vary or revoke name-related and other exemptions (regs 5,7; Schedule 1)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation appears to be a standard, routine update of local regulations supporting the Co-operatives National Law. The scope remains tightly focused on administrative matters (fees, name approvals, exemptions, transfers of incorporation) that are the traditional province of subordinate legislation. There is no evidence of scope creep beyond the original purpose of operationalising the national scheme in Tasmania."},"complexity_factors":["Short document (9 regulations plus fee schedule)","Minimal defined terms (only 2 explicit definitions in regulation 3, plus 'relevant law' in regulation 9)","Heavy reliance on external legislation — most provisions simply point to sections of the Co-operatives National Law (Tasmania) or Commonwealth Acts (Banking Act 1959, Life Insurance Act 1995, Corporations (Aboriginal and Torres Strait Islander) Act 2006)","Simple conditional logic — mostly straightforward 'if X then Y' structures without nested exceptions","Fee schedule is a simple lookup table with 16 items","No complex transitional provisions or sunset clauses","Regulation 9 contains a simple 'grandfathering' provision with basic override rules"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are Tasmania's local rules that sit underneath the national co-operatives law. They fill in the gaps and set specific details for how co-operatives (member-owned businesses like credit unions, agricultural co-ops, or community housing co-ops) operate in Tasmania.\n\n**Key things covered:**\n\n*   **Names:** Sets rules about what co-operatives can call themselves. The Registrar (the government official who oversees co-operatives) can reject names that are misleading. Certain financial institutions like building societies and credit unions get special exemptions to use \"co-operative\" type words in their names.\n*   **Transferring between business types:** Lists which laws allow a co-operative to convert into a different type of organisation (like an incorporated association or an Indigenous corporation).\n*   **Fees:** Sets out the costs for common tasks — registering a new co-operative ($18), filing annual reports ($46-$165 depending on size), and various exemptions or document requests.\n*   **Grandfathering:** Lets existing co-operatives keep operating under their old rules from before 2015, though new laws override old rules where they conflict.\n\n**Who it affects:**\n\nAnyone running or starting a co-operative in Tasmania, plus the Registrar who administers the system. It also affects building societies, credit unions and friendly societies that want to use certain words in their names.\n\n**Why it matters:**\n\nWithout these regulations, the national co-operatives law wouldn't work properly in Tasmania. The regulations set the practical details — how much things cost, what names are allowed, and how to apply for exemptions. This keeps the system running smoothly and ensures co-operatives know exactly what they need to do and pay."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, this instrument appears to serve its intended purpose as Tasmania's local regulations under the Co-operatives National Law framework — a standard mechanism contemplated by the national scheme. There is no evidence of scope creep or deviation from original intent, though the absence of substantive regulation text limits certainty."},"complexity_factors":["Operates as subordinate legislation within a cooperative national law framework, requiring understanding of the interplay between national and state-level instruments","The co-operatives law itself is a complex national scheme — these local regulations are only one layer of a multi-jurisdictional system","Incomplete text provided makes it impossible to assess the substantive complexity of the actual rules","Relatively routine regulatory instrument in nature (local procedural/administrative rules), keeping complexity low"],"plain_english_summary":"This instrument sets Tasmania’s local regulations to operate the national co‑operatives law in the state. It fills jurisdictional details needed for co‑operatives to register and comply in Tasmania, affecting co‑op members, boards, managers and groups considering the co‑op form. It matters because these rules enable the national framework’s administrative and procedural functions; the actual regulation text is not included here."}},"importantCases":[],"_links":{"self":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025","history":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025/history","analysis":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025/analysis","conflicts":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025/conflicts","importantCases":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025/important-cases","documents":"/api/acts/co-operatives-national-law-tasmania-local-regulations-2025/documents"}}