{"id":"nsw:sl-2025-0410","name":"Co-operatives (New South Wales) Regulation 2025","slug":"co-operatives-new-south-wales-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"410 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173811,"registerId":"nsw-sl-2025-0410-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Co-operatives (New South Wales) Regulation 2025](/view/html/inforce/current/sl-2025-0410).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2025.\n> \n> Note—\n> \n> This regulation replaces the [Co-operatives (New South Wales) Regulation 2020](/view/html/repealed/current/sl-2020-0506), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this regulation—\n> > \n> > CNL means the [Co-operatives National Law (NSW)](/view/html/inforce/current/act-2012-29a).\n> > \n> > CNR means the Co-operatives National Regulations (NSW).\n> > \n> > fee unit, for Schedule 1—see Schedule 1, Part 2, section 1.\n> > \n> > the Act means the [Co-operatives (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-029).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.\n> \n> > (2) Terms in this regulation that are used in the CNL have the same meanings as they have in the CNL.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescription of matters for the Act, CNL and CNR","content":"# Part 2 Prescription of matters for the Act, CNL and CNR\n\nPart 2 Prescription of matters for the Act, CNL and CNR","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Unsuitable names for co-operatives—CNL, s 220(5) and CNR, r 3.7","content":"#### 4 Unsuitable names for co-operatives—CNL, s 220(5) and CNR, r 3.7\n\n4 Unsuitable names for co-operatives—CNL, s 220(5) and CNR, r 3.7\n\n> A name is declared an unsuitable name if the Registrar is satisfied it is likely to mislead.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application for transfer—CNL, s 403(b)","content":"#### 5 Application for transfer—CNL, s 403(b)\n\n5 Application for transfer—CNL, s 403(b)\n\n> A co-operative may apply to be registered, incorporated or otherwise established as a corporation under—\n> \n> > (a) the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007), or\n> \n> > (b) the [Corporations (Aboriginal and Torres Strait Islander) Act 2006](http://www.legislation.gov.au/) of the Commonwealth, or\n> \n> > (c) legislation of any jurisdiction that provides for the incorporation of a building society, credit union or friendly society.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Fees—the Act, s 18(2)(d) and (e)","content":"#### 6 Fees—the Act, s 18(2)(d) and (e)\n\n6 Fees—the Act, s 18(2)(d) and (e)\n\n> > (1) The fees in Schedule 1, Part 1 are prescribed in relation to the corresponding matters.\n> \n> > (2) The fee payable for something done by or in relation to the Registrar under the Corporations Act, as applied by the CNL, is—\n> > \n> > > (a) the fee specified in Schedule 1, Part 1, or\n> > \n> > > (b) if no fee is specified in that part—the fee payable under the [Corporations (Fees) Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) The Registrar may waive, reduce, postpone or refund all or part of a fee payable or paid under the Act, the CNL, the CNR or this regulation if the Registrar is satisfied it is appropriate because—\n> > \n> > > (a) the person who must pay or has paid the fee is suffering financial hardship, or\n> > \n> > > (b) special circumstances exist.\n> > > \n> > > Example of special circumstances—\n> > > \n> > > circumstances involving a natural disaster or recovery from a natural disaster","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exemptions","content":"# Part 3 Exemptions\n\nPart 3 Exemptions","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Exemptions from restrictions on registered names and trading names—CNL, ss 220(7) and 225(2)","content":"#### 7 Exemptions from restrictions on registered names and trading names—CNL, ss 220(7) and 225(2)\n\n7 Exemptions from restrictions on registered names and trading names—CNL, ss 220(7) and 225(2)\n\n> An entity is exempt from the CNL, sections 220(4) and 225(1) if the entity is—\n> \n> > (a) a co-operative housing society within the meaning of the [Co-operative Housing and Starr-Bowkett Societies Act 1998](/view/html/inforce/current/act-1998-011), or\n> \n> > (b) a company or society formed or incorporated under an Act before the commencement of the Co-operation Act 1923, or\n> \n> > (c) a corporation that is allowed under a law of the Commonwealth, or a law of a State or Territory, to use “Co-operative”, “Cooperative”, “Co-op” or “Coop” in its name, or\n> \n> > (d) a company that is allowed to use the expression “building society”, “credit union” or “credit society” under the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth, section 66, or\n> \n> > (e) a company that is a friendly society for the [Life Insurance Act 1995](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Applications for exemptions—CNL, s 621","content":"#### 8 Applications for exemptions—CNL, s 621\n\n8 Applications for exemptions—CNL, s 621\n\n> An application for an exemption under the CNL must be—\n> \n> > (a) made in the approved form, and\n> \n> > (b) accompanied by the prescribed fee.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Co-operatives may continue to operate under old rules—the Act, Sch 1, cl 1","content":"#### 9 Co-operatives may continue to operate under old rules—the Act, Sch 1, cl 1\n\n9 Co-operatives may continue to operate under old rules—the Act, Sch 1, cl 1\n\n> > (1) This section applies to a co-operative whose existing registered rules are the registered rules that applied to the co-operative, and were in force, immediately before the commencement of the Act (the old rules).\n> \n> > (2) The co-operative may continue to operate under the old rules.\n> \n> > (3) While the co-operative is operating under the old rules—\n> > \n> > > (a) the Act, the CNL, the CNR and this regulation prevail over the old rules to the extent of an inconsistency, and\n> > \n> > > (b) references in the old rules to requirements in the [Co-operatives Act 1992](/view/html/repealed/current/act-1992-018) or the [Co-operatives Regulation 2005](/view/html/repealed/current/sl-2005-0524) are taken to be references to the equivalent requirements in the Act, the CNL, the CNR or this regulation, and\n> > \n> > > (c) references in the old rules to the co-operative being a trading co-operative are taken to be references to the co-operative being a distributing co-operative, and\n> > \n> > > (d) references in the old rules to the co-operative being a non-trading co-operative are taken to be references to the co-operative being a non-distributing co-operative.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Savings","content":"#### 10 Savings\n\n10 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Co-operatives (New South Wales) Regulation 2020](/view/html/repealed/current/sl-2020-0506), had effect under that regulation continues to have effect under this regulation.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Fees","content":"# Schedule 1 Fees\n\nSchedule 1 Fees\n\nsection 6","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard re-enactment of subordinate legislation. The 2025 regulation replaces the 2020 version with substantially the same structure and purpose — prescribing fees, exemptions and administrative matters for NSW co-operatives. The scope remains limited to operational details supporting the primary legislation, with no significant expansion beyond the original regulatory intent."},"complexity_factors":["Fee unit calculation system with CPI indexation formula requiring annual recalculation (Schedule 1, Part 2)","78 separate fee items with varying calculation methods (per item, per rule, per resolution, per page)","Multiple cross-references to three separate legislative instruments: the Act, CNL (Co-operatives National Law), and CNR (Co-operatives National Regulations)","Transitional provisions mapping old terminology ('trading'/'non-trading') to new terminology ('distributing'/'non-distributing') in section 9","Nested fee structure with maximum caps (e.g., '0.3 per rule up to a maximum of 2.0 per lodgment')","Dual fee pathways for Corporations Act matters — either Schedule 1 fee or Commonwealth fee (section 6(2))","Discretionary waiver provisions with non-exhaustive examples (section 6(3))"],"plain_english_summary":"This regulation sets out the administrative rules for co-operatives (member-owned businesses) operating in New South Wales. It replaces the 2020 version and works alongside the national co-operatives law that NSW has adopted.\n\n**What it does:**\n\n* **Sets fees** for registering and running co-operatives — everything from submitting rules ($92.41 in 2025–26) to lodging annual returns ($91.16). Fees are calculated using \"fee units\" that automatically adjust for inflation each year.\n* **Defines unsuitable names** — the Registrar can reject names likely to mislead people.\n* **Allows co-operatives to convert** to other types of organisations (like incorporated associations or Aboriginal corporations).\n* **Grants exemptions** — certain entities like co-operative housing societies, building societies and credit unions can use restricted words like \"Co-operative\" in their names even if they don't meet the usual rules.\n* **Protects old rules** — co-operatives that existed before 2012 can keep operating under their old rules, though modern laws override them where they conflict.\n* **Saves existing arrangements** — anything valid under the old 2020 regulation stays valid under this one.\n\n**Who it affects:**\n\n* Co-operatives registered in NSW (both new and existing)\n* People wanting to start a co-operative\n* Special entities like credit unions, building societies and friendly societies that want to use \"co-operative\" in their name\n\n**Why it matters:**\n\nCo-operatives are businesses owned by their members (like customer-owned banks or agricultural co-ops). This regulation makes sure they pay appropriate fees, can't mislead the public with their names, and have clear pathways to change their structure if needed. The automatic inflation adjustment means fees stay current without needing new laws every year."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The text replaces the 2020 regulation but, on its face, maintains the same regulatory reach: it prescribes fees, defines fee indexing, preserves prior rights and exemptions, and provides procedural rules. Savings (s 10) and grandfathering of old rules (s 9) indicate continuity rather than an obvious expansion or narrowing of the substantive scope in the supplied text."},"complexity_factors":["Extensive cross‑references to the Co‑operatives National Law (CNL), Co‑operatives National Regulations (CNR) and the Act (see definitions, s 3 and multiple fee items in Schedule 1) — increases interpretive load.","Large, detailed fee schedule with many distinct items, per‑rule caps and differing fees for late lodgments (Schedule 1, Part 1) — administrative and calculation complexity.","CPI‑indexing mechanics for the fee unit with rounding rules and a non‑decrease floor (Schedule 1, Part 2, s 1(1)–(4)) — requires annual calculation and publishing.","Registrar discretion to waive, reduce, postpone or refund fees for financial hardship or special circumstances (s 6(3)) — creates case‑by‑case administrative decision points.","Exemptions from name and trading‑name restrictions with a range of legacy and Commonwealth/State law exceptions (s 7) — requires cross‑checking other regimes.","Grandfathering and savings provisions allowing co‑operatives to continue under old rules subject to inconsistency clauses (s 9 and s 10) — legal relationship between old and new instruments must be managed.","Procedural requirements for applications and notices (approved forms, prescribed fees) create compliance burdens for applicants (eg. s 8, Schedule 1 entries).","Notification/publishing obligation on the Secretary to update fee unit annually (Schedule 1, Part 2, s 1(5)) — operational implementation requirement."],"plain_english_summary":"This regulation, beginning 1 September 2025, replaces the previous Co‑operatives Regulation and sets out practical rules for co‑operatives in NSW. It prescribes specific fees for many registration, disclosure and administrative actions, defines how a CPI‑indexed fee unit is calculated and allows the Registrar to waive or reduce fees for hardship or special circumstances. It also lists name‑use exemptions, permits co‑operatives to keep existing (old) rules subject to inconsistencies, and preserves prior acts and matters under savings provisions."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata only, there is no evidence of scope change from the regulation's original intent. It appears to be a straightforward remake or update of existing co-operatives regulations for NSW. No amending instruments or scope-expanding provisions are visible in the provided text."},"complexity_factors":["Only metadata and status information was provided — no substantive provisions are visible, preventing assessment of the regulation's actual legal complexity","Co-operatives law in Australia operates under a national scheme applied through state legislation, adding a layer of jurisdictional complexity not visible here","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer that may affect reliance on the regulation over time","Score is conservatively low given the absence of substantive content to analyse"],"plain_english_summary":"The Co-operatives (New South Wales) Regulation 2025 is a set of rules for NSW co‑operatives (member‑owned organisations) that commenced 15 August 2025 and is scheduled for automatic repeal on 1 September 2030. It affects co‑op members, directors/officers, people forming co‑operatives, and parties dealing with them. The available extract is only status/metadata; the full regulation text is needed to see specific obligations, fees or procedures."}},"importantCases":[],"_links":{"self":"/api/acts/co-operatives-new-south-wales-regulation-2025","history":"/api/acts/co-operatives-new-south-wales-regulation-2025/history","analysis":"/api/acts/co-operatives-new-south-wales-regulation-2025/analysis","conflicts":"/api/acts/co-operatives-new-south-wales-regulation-2025/conflicts","importantCases":"/api/acts/co-operatives-new-south-wales-regulation-2025/important-cases","documents":"/api/acts/co-operatives-new-south-wales-regulation-2025/documents"}}