{"id":"co-operatives-south-australia-regulations-2015","name":"Co-operatives (South Australia) Regulations 2015","slug":"co-operatives-south-australia-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235323,"registerId":"sa-co-operatives-south-australia-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Co-operatives (South Australia) Regulations 2015","content":"South Australia\nCo-operatives (South Australia) Regulations 2015\nunder the Co-operatives National Law (South Australia) Act 2013\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tTime limit for application for review (section 9(4)(b) of Act)\n4\tSecrecy (section 13 of Act)\n5\tUnsuitable names for co-operatives (section 220(5) of CNL (SA) and regulation 3.7 of CNR (SA))\n6\tProhibited names for corporations (section 18(c) of Act and section 220(7) of CNL (SA))\n7\tRestrictions on use of word co-operative or similar words (section 225(2) of CNL (SA))\n8\tApplication for transfer (section 403 of CNL (SA))\n9\tExamination of involved person—fees and expenses (section 522(4) of CNL (SA))\n10\tProcedures regarding giving of exemptions (section 621 of CNL (SA))\n11\tFees\n12\tCo-operatives may continue to operate under old rules\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Co-operatives (South Australia) Regulations 2015.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Co-operatives National Law (South Australia) Act 2013;\nCNL (SA) or the Law means the Co-operatives National Law (South Australia);\nCNR (SA) means the Co-operatives National Regulations (South Australia).\n\t(2)\tTerms used in these regulations and also in the CNL (SA) have the same meanings as they have in the CNL (SA).\n3A—Time limit for application for review (section 9(4)(b) of Act)\nFor the purposes of section 9(4)(b) of the Act, an application to the South Australian Civil and Administrative Tribunal for review must be made within 21 days of the date of the relevant decision of the Registrar (or such longer period as the Tribunal may allow).\n4—Secrecy (section 13 of Act)\nFor the purposes of section 13(1)(d) of the Act, the following entities are prescribed:\n\t(a)\tthe Independent Commissioner Against Corruption;\n\t(b)\tthe Office for Public Integrity.\n5—Unsuitable names for co-operatives (section 220(5) of CNL (SA) and regulation 3.7 of CNR (SA))\nFor the purposes of section 220(5) of the CNL (SA) and regulation 3.7 of the CNR (SA), a name is to be regarded as an unsuitable name if the Registrar is satisfied that it is likely to mislead.\n6—Prohibited names for corporations (section 18(c) of Act and section 220(7) of CNL (SA))\n\t(1)\tFor the purposes of section 220(7) of the CNL (SA), an entity is exempt from section 220(4) of the Law if the entity is—\n\t(a)\tan entity that is allowed under an Act of any jurisdiction or of the Commonwealth to use the word \"co‑operative\" or \"cooperative\" or the abbreviation \"co‑op\" or \"coop\" in its name; or\n\t(b)\tan entity—\n\t(i)\tthat has taken over, or that is to take over, the undertaking (or a part of the undertaking) of a transitioning housing co‑operative under clause 15 of Schedule 3 of the Community Housing Providers (National Law) (South Australia) Act 2013; and\n\t(ii)\tthat is registered under the Community Housing Providers National Law; or\n\t(c)\tan entity that is exempted by the Registrar by written notice from the operation of section 220(4) of the Law and that complies with any conditions to which the exemption is made subject.\n\t(2)\tThe following provisions apply in relation to an exemption granted by the Registrar under subregulation (1)(c):\n\t(a)\tthe exemption may be limited as to time;\n\t(b)\tthe Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice to the entity.\n7—Restrictions on use of word co-operative or similar words (section 225(2) of CNL (SA))\n\t(1)\tFor the purposes of section 225(2) of the CNL (SA), an entity is exempt from section 225(1) of the Law if the entity is—\n\t(a)\tan entity referred to in regulation 6(1)(a) or (b); or\n\t(b)\ta housing co‑operative within the meaning of the South Australian Co-operative and Community Housing Act 1991; or\n\t(c)\tan entity that is exempted by the Registrar by written notice from the operation of section 225(1) of the Law and that complies with any conditions to which the exemption is made subject.\n\t(2)\tThe following provisions apply in relation to an exemption granted by the Registrar under subregulation (1)(c):\n\t(a)\tthe exemption may be limited as to time;\n\t(b)\tthe Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice to the entity.\n8—Application for transfer (section 403 of CNL (SA))\nFor the purposes of section 403(b) of the CNL (SA), a co‑operative may apply to become registered, incorporated or otherwise established as a corporation under—\n\t(a)\tthe Associations Incorporation Act 1985;\n\t(b)\tthe Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;\n\t(c)\tany other legislation of any jurisdiction or of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.\n9—Examination of involved person—fees and expenses (section 522(4) of CNL (SA))\nAn involved person who attends for examination by an investigator is entitled to be paid the allowance and expenses that would be payable for expenses and loss of time that he or she would be entitled to receive on attending to give evidence, or to produce a document, at the trial of civil proceedings before the District Court of South Australia.\n10—Procedures regarding giving of exemptions (section 621 of CNL (SA))\nFor the purposes of section 621 of the CNL (SA), the procedure for the giving of exemptions that are provided for under the Law is as follows:\n\t(a)\tan application for an exemption must be made in the approved form but, if there is no relevant approved form, the application must be made in writing;\n\t(b)\twhere relevant, the application must be made within a reasonable time before the event or the occurrence of the matter for which the exemption is sought;\n\t(c)\tthe application must be accompanied by the relevant fee prescribed by Schedule 1.\n11—Fees\n\t(1)\tFees for anything done by or in relation to the Registrar under provisions of the Corporation Act as applied by the CNL (SA) will, if not prescribed in a fee notice for the purposes of the Act, be the same as the fees for chargeable matters under the Corporations (Fees) Act 2001 of the Commonwealth and the regulations under that Act.\n\t(2)\tThe Registrar may waive, reduce or refund payment of any fee prescribed by fee notice for the purposes of the CNL (SA).\n\t(3)\tIn this regulation—\nfee notice has the same meaning as in the Legislation (Fees) Act 2019.\n12—Co-operatives may continue to operate under old rules\n\t(1)\tSubject to subregulation (2), a co‑operative may continue to operate under the rules (old rules) applying to the co‑operative that were in force immediately before the commencement of the Act.\n\t(2)\tWhile a co‑operative is operating under the old rules—\n\t(a)\tif there is any inconsistency between a provision of the old rules and a provision of the Act, the CNL (SA), the CNR (SA) or these regulations, the provision of the Act, the CNL (SA), the CNR (SA) or these regulations prevails; and\n\t(b)\tif there is a reference in the old rules to a requirement contained in the Co-operatives Act 1997 or the Co-operatives Regulations 2012, that reference is to be read as a reference to the equivalent requirement contained in the Act, the CNL (SA), the CNR (SA) or these regulations; and\n\t(c)\tif there is a reference in the old rules to—\n\t(i)\tthe co‑operative being a trading co‑operative—that reference is to be read as a reference to the co‑operative being a distributing co‑operative; and\n\t(ii)\tthe co‑operative being a non‑trading co‑operative—that reference is to be read as a reference to the co‑operative being a non‑distributing co‑operative.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Co-operatives (South Australia) Regulations 2015 revoked the following:\nCo-operatives Regulations 2012\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n45\nGazette 7.5.2015 p1679 \n22.5.2015: r 2\n2016\n117\nGazette 23.6.2016 p2310\n1.7.2016: r 2\n2017\n132\nGazette 22.6.2017 p2352\n1.7.2017: r 2\n2018\n12\nGazette 30.1.2018 p578\n22.2.2018: r 2\n2018\n143\nGazette 21.6.2018 p2388\n1.7.2018: r 2\n2019\n80\nGazette 13.6.2019 p1879\n1.7.2019: r 2\n2020\n98\nGazette 4.6.2020 p2906\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\nr 3A\ninserted by 12/2018 r 4\n22.2.2018\nr 11\nsubstituted by 98/2020 r 4\n1.7.2020\nSch 1\nsubstituted by 117/2016 r 4\n1.7.2016\n\nsubstituted by 132/2017 r 4\n1.7.2017\n\nsubstituted by 143/2018 r 4\n1.7.2018\n\nsubstituted by 80/2019 r 4\n1.7.2019\n\ndeleted by 98/2020 r 5\n1.7.2020\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\nHistorical versions\n1.7.2016\n\n1.7.2017\n\n22.2.2018\n\n1.7.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations do not broaden the substantive offences or duties in the CNL (SA) but change how the law operates in practice in South Australia by prescribing procedural rules, time limits, exemptions, fee application and transitional arrangements. In effect they supplement and specify the Act's operation—altering application processes, administrative discretion and compliance costs within the Act's existing substantive scope."},"complexity_factors":["Numerous cross-references to the Co‑operatives National Law (CNL (SA)) and Co‑operatives National Regulations (CNR (SA)) require reading multiple instruments together.","Delegation of discretionary powers to the Registrar (exemptions, name suitability, fee waivers) creates case-by-case administrative variability.","Procedural specifics (time limits for review, application forms, fee schedules) increase compliance detail but are straightforward.","Transitional provisions allowing old rules to continue introduce interpretive interaction between old rules and the new Act/regulations.","Harmonisation of certain fees with Commonwealth Corporations (Fees) Act links state processes to federal fee structures."],"plain_english_summary":"**What it does:** Prescribes procedural and administrative rules implementing the Co‑operatives National Law in South Australia—time limits for reviews, confidentiality recipients, name and “co‑operative” use restrictions, exemption procedures, fees and investigator allowances, and transitional continuation of old rules.\n\n**Who pays and who decides:** Co‑operatives and applicants bear fees; the Registrar grants, conditions or revokes exemptions and determines name suitability; the South Australian Civil and Administrative Tribunal handles reviews. This matters because it fixes compliance costs, administrative discretions and application routes that affect co‑operatives' choices."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final provisions is possible from the data provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Analysis is based solely on the title and contextual metadata, not actual regulatory text","Complexity cannot be meaningfully assessed without access to the substantive provisions","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Co‑operatives (South Australia) Regulations 2015 are subordinate rules governing how co‑operatives in South Australia operate—covering registration, financial reporting, member rights, governance and fees—and so affect anyone running, joining or advising a co‑operative. The regulation text couldn’t be retrieved (404 error); to read it, search the South Australian legislation site or contact OPCWeb@sa.gov.au."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative support for the Co-operatives National Law (South Australia) Act 2013. The amendments shown in the legislative history are routine annual updates (particularly to Schedule 1 fees) and minor procedural additions (regulation 3A on time limits). The deletion of Schedule 1 in 2020 and substitution of regulation 11 represent streamlining rather than scope expansion. The grandfathering provision (regulation 12) was part of the original design to ease transition to the national law system."},"complexity_factors":["Short instrument: only 12 substantive regulations plus interpretation section","Minimal defined terms: only 3 defined terms in the interpretation section (Act, CNL(SA), CNR(SA))","Heavy reliance on external legislation: constant cross-referencing to the Co-operatives National Law (SA), Co-operatives National Regulations (SA), Corporations Act, and other statutes rather than setting out substantive rules directly","Simple conditional logic: mostly straightforward 'if-then' exemptions and straightforward procedural rules","No nested exceptions: while there are exemptions, they are clearly listed (6(1)(a), (b), (c)) without complex layering","Straightforward fee mechanism in regulation 11 that delegates to Commonwealth legislation rather than creating complex fee schedules"],"plain_english_summary":"These regulations set out the operational details for how co-operatives work in South Australia under the national co-operatives law system.\n\n**What this does:**\n- **Sets time limits**: If you want to challenge a decision made by the Registrar (the government official who oversees co-operatives), you have 21 days to apply to the South Australian Civil and Administrative Tribunal for a review.\n- **Protects sensitive information**: Specifies that the Independent Commissioner Against Corruption and the Office for Public Integrity can receive confidential co-operative information when needed.\n- **Controls naming rules**: \n  - Prevents misleading names for co-operatives\n  - Lists exceptions allowing certain entities (like housing providers and some statutory bodies) to use words like \"co-operative\" or \"co-op\" in their names even if they're not co-operatives\n  - Allows the Registrar to grant time-limited exemptions with conditions\n- **Allows co-operatives to convert**: Sets out which laws a co-operative can transfer to if it wants to stop being a co-operative and become a different type of organisation (like an incorporated association or Aboriginal corporation).\n- **Pays witnesses**: Guarantees that people being examined by investigators get paid allowances and expenses equivalent to what they'd receive for appearing in the District Court.\n- **Sets fee rules**: \n  - Links fees to Commonwealth corporations fees where not otherwise specified\n  - Allows the Registrar to waive, reduce or refund fees\n- **Grandfathering old rules**: Lets existing co-operatives keep operating under their old rules from before 2013, but with important updates—old terminology like \"trading co-operative\" now means \"distributing co-operative,\" and if old rules conflict with new laws, the new laws win.\n\n**Who it affects:**\n- Co-operatives operating in South Australia\n- People wanting to start co-operatives\n- Entities wanting to use \"co-operative\" in their name\n- The Registrar of Co-operatives\n- Members and directors of co-operatives under investigation\n\n**Why it matters:**\nThis is the \"nuts and bolts\" legislation that makes the national co-operatives system work in South Australia. Without these regulations, the broader Co-operatives National Law would be incomplete—there would be no time limits for appeals, no fee structure, no process for exemptions, and no clarity about which organisations can call themselves \"co-operatives.\""}},"importantCases":[],"_links":{"self":"/api/acts/co-operatives-south-australia-regulations-2015","history":"/api/acts/co-operatives-south-australia-regulations-2015/history","analysis":"/api/acts/co-operatives-south-australia-regulations-2015/analysis","conflicts":"/api/acts/co-operatives-south-australia-regulations-2015/conflicts","importantCases":"/api/acts/co-operatives-south-australia-regulations-2015/important-cases","documents":"/api/acts/co-operatives-south-australia-regulations-2015/documents"}}