{"id":"qld:act-1996-023","name":"Financial Intermediaries Act 1996","slug":"financial-intermediaries-act-1996","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104692,"registerId":"qld-act-1996-023-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introductory provisions","content":"## Introductory provisions","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Financial Intermediaries Act 1996 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act (other than parts 2 and 3 ) commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 3 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2001 No. 45 s 29 sch 3","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of director","content":"### sec.4 Meaning of director\n\nFor this Act, director of a society includes a reference to—\na person (however described) occupying or acting in the position of director of the society, and whether or not validly appointed to occupy, or duly authorised to act in, the position; and\na person under whose directions or instructions the society’s directors are accustomed to act.\nHowever, a person is not taken to be a person under whose directions or instructions a society’s directors are accustomed to act merely because the directors act on advice given by the person in the proper performance of the functions attaching to—\nthe person’s professional capacity; or\nthe person’s business relationship with the directors or the society.\n(sec.4-ssec.1) For this Act, director of a society includes a reference to— a person (however described) occupying or acting in the position of director of the society, and whether or not validly appointed to occupy, or duly authorised to act in, the position; and a person under whose directions or instructions the society’s directors are accustomed to act.\n(sec.4-ssec.2) However, a person is not taken to be a person under whose directions or instructions a society’s directors are accustomed to act merely because the directors act on advice given by the person in the proper performance of the functions attaching to— the person’s professional capacity; or the person’s business relationship with the directors or the society.\n- (a) a person (however described) occupying or acting in the position of director of the society, and whether or not validly appointed to occupy, or duly authorised to act in, the position; and\n- (b) a person under whose directions or instructions the society’s directors are accustomed to act.\n- (a) the person’s professional capacity; or\n- (b) the person’s business relationship with the directors or the society.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of officer","content":"### sec.5 Meaning of officer\n\nFor this Act, officer of a society includes—\na director, secretary, executive officer or employee of the society; and\na receiver and manager, appointed under a power contained in an instrument, of property of the society; and\na liquidator of the society appointed in a voluntary winding–up of the society; and\na trustee or other person administering a compromise or arrangement made between the society and other persons.\nHowever, none of the following is an officer of the society—\na receiver who is not also a manager;\na receiver and manager appointed by a court;\na liquidator appointed by a court.\n(sec.5-ssec.1) For this Act, officer of a society includes— a director, secretary, executive officer or employee of the society; and a receiver and manager, appointed under a power contained in an instrument, of property of the society; and a liquidator of the society appointed in a voluntary winding–up of the society; and a trustee or other person administering a compromise or arrangement made between the society and other persons.\n(sec.5-ssec.2) However, none of the following is an officer of the society— a receiver who is not also a manager; a receiver and manager appointed by a court; a liquidator appointed by a court.\n- (a) a director, secretary, executive officer or employee of the society; and\n- (b) a receiver and manager, appointed under a power contained in an instrument, of property of the society; and\n- (c) a liquidator of the society appointed in a voluntary winding–up of the society; and\n- (d) a trustee or other person administering a compromise or arrangement made between the society and other persons.\n- (a) a receiver who is not also a manager;\n- (b) a receiver and manager appointed by a court;\n- (c) a liquidator appointed by a court.","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Operation of Act","content":"## Operation of Act","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds the State","content":"### sec.6 Act binds the State\n\nThis Act binds the State.\nHowever, this section does not permit the State to be prosecuted for an offence.\n(sec.6-ssec.1) This Act binds the State.\n(sec.6-ssec.2) However, this section does not permit the State to be prosecuted for an offence.","sortOrder":9},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 1997 No. 39 s 472 sch 7","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Prudential and advisory functions of registrar","content":"# Prudential and advisory functions of registrar","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Registrar’s prudential and advisory functions","content":"### sec.8 Registrar’s prudential and advisory functions\n\nThe registrar’s prudential and advisory functions under this Act are to—\ninstitute, develop, and ensure the effective and efficient implementation of, a system of prudential and other standards for, and for the supervision of, societies; and\nadvise, and make recommendations to, the Treasurer about—\nchanges to this Act; or\nnew laws, and changes to other existing laws, about or affecting societies; and\nact under part 3 .\ns 8 amd 1999 No. 27 s 76 sch 1 pt 2\n- (a) institute, develop, and ensure the effective and efficient implementation of, a system of prudential and other standards for, and for the supervision of, societies; and\n- (b) advise, and make recommendations to, the Treasurer about— (i) changes to this Act; or (ii) new laws, and changes to other existing laws, about or affecting societies; and\n- (i) changes to this Act; or\n- (ii) new laws, and changes to other existing laws, about or affecting societies; and\n- (c) act under part 3 .\n- (i) changes to this Act; or\n- (ii) new laws, and changes to other existing laws, about or affecting societies; and","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Consultation","content":"### sec.9 Consultation\n\nIn performing the registrar’s functions and exercising the registrar’s powers under this part, the registrar must consult with the Treasurer, the Reserve Bank of Australia, industry bodies and societies if it is appropriate and practicable to consult with them.\ns 9 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Standards","content":"# Standards","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Making of standards","content":"### sec.10 Making of standards\n\nThe registrar may make standards (whether prudential or otherwise) about—\nthe business and affairs of societies; and\nthe supervision of societies by the registrar; and\nany other matters about which this Act authorises or requires (whether expressly or by implication) standards to be made.\nA standard takes effect from—\nthe day a copy of the standard is published in the gazette; or\na later day stated in the standard.\ns 10 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.10-ssec.1) The registrar may make standards (whether prudential or otherwise) about— the business and affairs of societies; and the supervision of societies by the registrar; and any other matters about which this Act authorises or requires (whether expressly or by implication) standards to be made.\n(sec.10-ssec.2) A standard takes effect from— the day a copy of the standard is published in the gazette; or a later day stated in the standard.\n- (a) the business and affairs of societies; and\n- (b) the supervision of societies by the registrar; and\n- (c) any other matters about which this Act authorises or requires (whether expressly or by implication) standards to be made.\n- (a) the day a copy of the standard is published in the gazette; or\n- (b) a later day stated in the standard.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Procedures before making of standards","content":"### sec.11 Procedures before making of standards\n\nA standard may be made only if this section or section 12 is complied with.\nThe registrar must, not later than 60 days before the making of the standard, publish a notice in the gazette, and in a newspaper circulating generally in the State, explaining succinctly the purpose, and intended operation, of the standard.\nThe notice must invite—\nwritten suggestions on the proposed standard to be given to the registrar within 30 days after publication of the gazette notice; and\nwritten comments on the suggestions to be given to the registrar within 21 days after the end of the period of 30 days.\nThe registrar must—\nmake copies of each suggestion and comment given to the registrar available for inspection and purchase at the registrar’s public office; and\ntake reasonable steps to ensure that copies of each suggestion and comment given to the registrar are available for inspection and purchase at the registrar’s public office.\nThe registrar must comply with subsection (4) for a suggestion or comment as soon as practicable after the suggestion or comment is given.\nThe registrar must consider all suggestions and comments given before making the standard, and may change the proposed standard to take account of suggestions and comments.\nContravention of this section for a standard does not affect the validity of the standard.\ns 11 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.11-ssec.1) A standard may be made only if this section or section 12 is complied with.\n(sec.11-ssec.2) The registrar must, not later than 60 days before the making of the standard, publish a notice in the gazette, and in a newspaper circulating generally in the State, explaining succinctly the purpose, and intended operation, of the standard.\n(sec.11-ssec.3) The notice must invite— written suggestions on the proposed standard to be given to the registrar within 30 days after publication of the gazette notice; and written comments on the suggestions to be given to the registrar within 21 days after the end of the period of 30 days.\n(sec.11-ssec.4) The registrar must— make copies of each suggestion and comment given to the registrar available for inspection and purchase at the registrar’s public office; and take reasonable steps to ensure that copies of each suggestion and comment given to the registrar are available for inspection and purchase at the registrar’s public office.\n(sec.11-ssec.5) The registrar must comply with subsection (4) for a suggestion or comment as soon as practicable after the suggestion or comment is given.\n(sec.11-ssec.6) The registrar must consider all suggestions and comments given before making the standard, and may change the proposed standard to take account of suggestions and comments.\n(sec.11-ssec.7) Contravention of this section for a standard does not affect the validity of the standard.\n- (a) written suggestions on the proposed standard to be given to the registrar within 30 days after publication of the gazette notice; and\n- (b) written comments on the suggestions to be given to the registrar within 21 days after the end of the period of 30 days.\n- (a) make copies of each suggestion and comment given to the registrar available for inspection and purchase at the registrar’s public office; and\n- (b) take reasonable steps to ensure that copies of each suggestion and comment given to the registrar are available for inspection and purchase at the registrar’s public office.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Urgent standards","content":"### sec.12 Urgent standards\n\nIf the registrar decides it is necessary, because of urgent circumstances, for a standard to be made without complying with section 11 , the registrar may make the standard.\nIf the registrar makes a decision under subsection (1) , the registrar must immediately publish a copy of the decision in the gazette, together with a succinct statement of the reasons for making the decision.\nA standard made because of a decision under subsection (1) has effect for only—\n120 days; or\na lesser period stated in the standard.\ns 12 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.12-ssec.1) If the registrar decides it is necessary, because of urgent circumstances, for a standard to be made without complying with section 11 , the registrar may make the standard.\n(sec.12-ssec.2) If the registrar makes a decision under subsection (1) , the registrar must immediately publish a copy of the decision in the gazette, together with a succinct statement of the reasons for making the decision.\n(sec.12-ssec.3) A standard made because of a decision under subsection (1) has effect for only— 120 days; or a lesser period stated in the standard.\n- (a) 120 days; or\n- (b) a lesser period stated in the standard.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of changed requirements","content":"### sec.13 Application of changed requirements\n\nA standard may provide that its operation for a particular society may be varied by the registrar by temporarily changing a requirement of the standard as allowed under the standard.\nThis section does not limit by implication the power of the registrar to make standards.\ns 13 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.13-ssec.1) A standard may provide that its operation for a particular society may be varied by the registrar by temporarily changing a requirement of the standard as allowed under the standard.\n(sec.13-ssec.2) This section does not limit by implication the power of the registrar to make standards.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Transitional arrangements","content":"### sec.14 Transitional arrangements\n\nA standard imposing requirements, or increasing requirements already imposed by a standard, may make transitional provision allowing additional time to comply with the requirements.\nThis section does not limit by implication the power of the registrar to make standards.\ns 14 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.14-ssec.1) A standard imposing requirements, or increasing requirements already imposed by a standard, may make transitional provision allowing additional time to comply with the requirements.\n(sec.14-ssec.2) This section does not limit by implication the power of the registrar to make standards.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Matters for which standards may make provision","content":"### sec.15 Matters for which standards may make provision\n\nA standard may make provision about a matter by applying, adopting or incorporating (with or without changes) provisions of—\na law of the Commonwealth, a State or a foreign country; or\na document.\nIf a standard makes provision about a matter by applying, adopting or incorporating provisions of a law or document, the provisions as in force at the time are to be attached to the standard, and are taken to be incorporated in the standard.\nA standard may—\napply generally to all persons and matters or be limited in its application to—\nparticular persons or matters; or\nparticular classes of persons or matters; and\notherwise apply generally or be limited in its application by reference to stated exceptions or factors.\nA standard may—\nmake different provision for—\ndifferent persons or matters; or\ndifferent classes of persons or matters; or\napply differently by reference to specified exceptions or factors.\nA standard may authorise a matter to be decided, applied or regulated from time to time by a stated person or body.\nA standard may make provision about a particular aspect of a matter even though provision is made by this Act about another aspect of the matter or about another matter.\n(sec.15-ssec.1) A standard may make provision about a matter by applying, adopting or incorporating (with or without changes) provisions of— a law of the Commonwealth, a State or a foreign country; or a document.\n(sec.15-ssec.2) If a standard makes provision about a matter by applying, adopting or incorporating provisions of a law or document, the provisions as in force at the time are to be attached to the standard, and are taken to be incorporated in the standard.\n(sec.15-ssec.3) A standard may— apply generally to all persons and matters or be limited in its application to— particular persons or matters; or particular classes of persons or matters; and otherwise apply generally or be limited in its application by reference to stated exceptions or factors.\n(sec.15-ssec.4) A standard may— make different provision for— different persons or matters; or different classes of persons or matters; or apply differently by reference to specified exceptions or factors.\n(sec.15-ssec.5) A standard may authorise a matter to be decided, applied or regulated from time to time by a stated person or body.\n(sec.15-ssec.6) A standard may make provision about a particular aspect of a matter even though provision is made by this Act about another aspect of the matter or about another matter.\n- (a) a law of the Commonwealth, a State or a foreign country; or\n- (b) a document.\n- (a) apply generally to all persons and matters or be limited in its application to— (i) particular persons or matters; or (ii) particular classes of persons or matters; and\n- (i) particular persons or matters; or\n- (ii) particular classes of persons or matters; and\n- (b) otherwise apply generally or be limited in its application by reference to stated exceptions or factors.\n- (i) particular persons or matters; or\n- (ii) particular classes of persons or matters; and\n- (a) make different provision for— (i) different persons or matters; or (ii) different classes of persons or matters; or\n- (i) different persons or matters; or\n- (ii) different classes of persons or matters; or\n- (b) apply differently by reference to specified exceptions or factors.\n- (i) different persons or matters; or\n- (ii) different classes of persons or matters; or","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Publication of standards","content":"### sec.16 Publication of standards\n\nWhen the registrar makes a standard, the registrar must immediately—\ngazette a copy of the standard; and\nprepare a summary of its terms; and\npublish a notice in a newspaper circulating generally in the State—\nnotifying the making of the standard; and\nexplaining succinctly the purpose, and intended operation, of the standard.\nThe registrar must, as soon as practicable after the summary is prepared, give a copy of the summary to each society affected by the standard.\nThe registrar must take reasonable steps to ensure that copies of all standards are available for inspection and purchase at the registrar’s public office.\nContravention of this section for a standard does not affect the validity of the standard.\ns 16 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.16-ssec.1) When the registrar makes a standard, the registrar must immediately— gazette a copy of the standard; and prepare a summary of its terms; and publish a notice in a newspaper circulating generally in the State— notifying the making of the standard; and explaining succinctly the purpose, and intended operation, of the standard.\n(sec.16-ssec.2) The registrar must, as soon as practicable after the summary is prepared, give a copy of the summary to each society affected by the standard.\n(sec.16-ssec.3) The registrar must take reasonable steps to ensure that copies of all standards are available for inspection and purchase at the registrar’s public office.\n(sec.16-ssec.4) Contravention of this section for a standard does not affect the validity of the standard.\n- (a) gazette a copy of the standard; and\n- (b) prepare a summary of its terms; and\n- (c) publish a notice in a newspaper circulating generally in the State— (i) notifying the making of the standard; and (ii) explaining succinctly the purpose, and intended operation, of the standard.\n- (i) notifying the making of the standard; and\n- (ii) explaining succinctly the purpose, and intended operation, of the standard.\n- (i) notifying the making of the standard; and\n- (ii) explaining succinctly the purpose, and intended operation, of the standard.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Societies must comply with standards","content":"### sec.17 Societies must comply with standards\n\nA society must comply with all relevant standards.\nMaximum penalty—400 penalty units.\nIf a society contravenes a standard, any officer of the society who is in default commits an offence.\nMaximum penalty—400 penalty units.\n(sec.17-ssec.1) A society must comply with all relevant standards. Maximum penalty—400 penalty units.\n(sec.17-ssec.2) If a society contravenes a standard, any officer of the society who is in default commits an offence. Maximum penalty—400 penalty units.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Other functions and powers of registrar","content":"# Other functions and powers of registrar","sortOrder":24},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Other functions","content":"### sec.18 Other functions\n\nThe other functions of the registrar under this Act are to—\nregister, supervise and regulate societies; and\nsupervise and enforce compliance by societies with this Act and with standards; and\nensure that an effective and efficient system of prudential supervision is applied to societies; and\nprotect the interests of members of societies; and\nadminister the Cooperatives Supervision Fund; and\nfacilitate or direct the transfer of engagements of, or the merger of, societies; and\notherwise undertake the administration and enforcement of this Act; and\ngive information and statistics to the Treasurer about societies; and\nadvise, and make recommendations to, the Treasurer; and\ncarry out the functions conferred on the registrar by another provision of this Act, other than part 2 .\ns 18 amd 1999 No. 27 s 76 sch 1 pt 2\n- (a) register, supervise and regulate societies; and\n- (b) supervise and enforce compliance by societies with this Act and with standards; and\n- (c) ensure that an effective and efficient system of prudential supervision is applied to societies; and\n- (d) protect the interests of members of societies; and\n- (e) administer the Cooperatives Supervision Fund; and\n- (f) facilitate or direct the transfer of engagements of, or the merger of, societies; and\n- (g) otherwise undertake the administration and enforcement of this Act; and\n- (h) give information and statistics to the Treasurer about societies; and\n- (i) advise, and make recommendations to, the Treasurer; and\n- (j) carry out the functions conferred on the registrar by another provision of this Act, other than part 2 .","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"General powers","content":"### sec.19 General powers\n\nThe registrar has power to do all things necessary or convenient to be done for, or in connection with, the performance of the registrar’s functions under this Act.\nWithout limiting subsection (1) , the registrar has the powers conferred on the registrar under this Act.\ns 19 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.19-ssec.1) The registrar has power to do all things necessary or convenient to be done for, or in connection with, the performance of the registrar’s functions under this Act.\n(sec.19-ssec.2) Without limiting subsection (1) , the registrar has the powers conferred on the registrar under this Act.","sortOrder":27},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Delegations","content":"### sec.19A Delegations\n\nThe registrar may delegate the registrar’s powers under this Act to an appropriately qualified person.\nHowever, the registrar may delegate a power under part 3 only to APRA under an agreement mentioned in section 64A .\nA power, other than a power under part 3 , may be subdelegated to an appropriately qualified person if the delegation expressly allows the subdelegation of the power.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\nIf the person is an employee of the department, the person’s classification level in the department.\ns 19A ins 1999 No. 27 s 76 sch 1 pt 2\n(sec.19A-ssec.1) The registrar may delegate the registrar’s powers under this Act to an appropriately qualified person.\n(sec.19A-ssec.2) However, the registrar may delegate a power under part 3 only to APRA under an agreement mentioned in section 64A .\n(sec.19A-ssec.3) A power, other than a power under part 3 , may be subdelegated to an appropriately qualified person if the delegation expressly allows the subdelegation of the power.\n(sec.19A-ssec.4) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. If the person is an employee of the department, the person’s classification level in the department.","sortOrder":28},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Registrar’s seal","content":"### sec.19B Registrar’s seal\n\nThe registrar must have a seal of office.\ns 19B ins 1999 No. 27 s 76 sch 1 pt 2","sortOrder":29},{"sectionNumber":"sec.19C","sectionType":"section","heading":"Registrar’s public office","content":"### sec.19C Registrar’s public office\n\nThe registrar must have a public office for this Act.\ns 19C ins 1999 No. 27 s 76 sch 1 pt 2","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of variation under standards","content":"### sec.20 Application of variation under standards\n\nIf a standard provides that the operation of the standard for a particular society may be varied by the registrar by temporarily changing a requirement of the standard, the registrar may temporarily change the requirement as allowed under the standard.\nSubsection (1) does not limit the registrar’s other powers.\ns 20 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.20-ssec.1) If a standard provides that the operation of the standard for a particular society may be varied by the registrar by temporarily changing a requirement of the standard, the registrar may temporarily change the requirement as allowed under the standard.\n(sec.20-ssec.2) Subsection (1) does not limit the registrar’s other powers.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"The registrar to keep Treasurer informed","content":"### sec.21 The registrar to keep Treasurer informed\n\nThe registrar must—\nkeep the Treasurer informed of the operation, administration and enforcement of this Act; and\ngive the Treasurer reports and information about the matters as the Treasurer requires.\ns 21 amd 1999 No. 27 s 76 sch 1 pt 2\n- (a) keep the Treasurer informed of the operation, administration and enforcement of this Act; and\n- (b) give the Treasurer reports and information about the matters as the Treasurer requires.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Inspection of documents at the registrar’s public office","content":"### sec.22 Inspection of documents at the registrar’s public office\n\nThe registrar must keep at the registrar’s public office—\nrules of societies; and\ndocuments required to be kept by the registrar under this Act.\nA person may, on payment of the fee prescribed under a regulation—\ninspect at the registrar’s public office during ordinary business hours—\nthe rules of a society; and\nother documents of a class prescribed under a regulation filed with, created by or otherwise held by the registrar; and\nobtain from the registrar—\na certified copy of a society’s certificate of incorporation and a certified copy of, or of part of, a society’s rules; or\na certified copy of, or extract from, another document that the person may inspect under paragraph (a) (ii) .\ns 22 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.22-ssec.1) The registrar must keep at the registrar’s public office— rules of societies; and documents required to be kept by the registrar under this Act.\n(sec.22-ssec.2) A person may, on payment of the fee prescribed under a regulation— inspect at the registrar’s public office during ordinary business hours— the rules of a society; and other documents of a class prescribed under a regulation filed with, created by or otherwise held by the registrar; and obtain from the registrar— a certified copy of a society’s certificate of incorporation and a certified copy of, or of part of, a society’s rules; or a certified copy of, or extract from, another document that the person may inspect under paragraph (a) (ii) .\n- (a) rules of societies; and\n- (b) documents required to be kept by the registrar under this Act.\n- (a) inspect at the registrar’s public office during ordinary business hours— (i) the rules of a society; and (ii) other documents of a class prescribed under a regulation filed with, created by or otherwise held by the registrar; and\n- (i) the rules of a society; and\n- (ii) other documents of a class prescribed under a regulation filed with, created by or otherwise held by the registrar; and\n- (b) obtain from the registrar— (i) a certified copy of a society’s certificate of incorporation and a certified copy of, or of part of, a society’s rules; or (ii) a certified copy of, or extract from, another document that the person may inspect under paragraph (a) (ii) .\n- (i) a certified copy of a society’s certificate of incorporation and a certified copy of, or of part of, a society’s rules; or\n- (ii) a certified copy of, or extract from, another document that the person may inspect under paragraph (a) (ii) .\n- (i) the rules of a society; and\n- (ii) other documents of a class prescribed under a regulation filed with, created by or otherwise held by the registrar; and\n- (i) a certified copy of a society’s certificate of incorporation and a certified copy of, or of part of, a society’s rules; or\n- (ii) a certified copy of, or extract from, another document that the person may inspect under paragraph (a) (ii) .","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Power of the registrar to reject documents","content":"### sec.23 Power of the registrar to reject documents\n\nThis section applies if the registrar considers a document submitted to the registrar—\ncontains matter contrary to law; or\ncontains matter that, in a material particular, is false or misleading in the form or context in which it is included; or\nbecause of an omission or misdescription, has not been duly completed; or\ndoes not comply with the requirements of this Act; or\ncontains an error, alteration or erasure.\nThe registrar may refuse to register, or may reject, the document.\nThe registrar may ask—\nthat the document be appropriately amended or completed and resubmitted; or\nthat a fresh document be submitted in its place; or\nif the document has not been duly completed—that a supplementary document be submitted.\ns 23 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.23-ssec.1) This section applies if the registrar considers a document submitted to the registrar— contains matter contrary to law; or contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or because of an omission or misdescription, has not been duly completed; or does not comply with the requirements of this Act; or contains an error, alteration or erasure.\n(sec.23-ssec.2) The registrar may refuse to register, or may reject, the document.\n(sec.23-ssec.3) The registrar may ask— that the document be appropriately amended or completed and resubmitted; or that a fresh document be submitted in its place; or if the document has not been duly completed—that a supplementary document be submitted.\n- (a) contains matter contrary to law; or\n- (b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or\n- (c) because of an omission or misdescription, has not been duly completed; or\n- (d) does not comply with the requirements of this Act; or\n- (e) contains an error, alteration or erasure.\n- (a) that the document be appropriately amended or completed and resubmitted; or\n- (b) that a fresh document be submitted in its place; or\n- (c) if the document has not been duly completed—that a supplementary document be submitted.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"The registrar may require further information","content":"### sec.24 The registrar may require further information\n\nThe registrar may require a person who submits a document to the registrar to also produce another document, or to give any information, that the registrar considers necessary to form an opinion whether the registrar should refuse to register or should reject the document.\ns 24 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Extension or abridgment of time","content":"### sec.25 Extension or abridgment of time\n\nThe registrar may, on receipt of written application by a society or of the registrar’s own initiative, extend or abridge the time within which anything is required to be done under this Act or the society’s rules.\nAn application under subsection (1) may be made to the registrar even though the time sought to be abridged or extended has ended.\ns 25 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.25-ssec.1) The registrar may, on receipt of written application by a society or of the registrar’s own initiative, extend or abridge the time within which anything is required to be done under this Act or the society’s rules.\n(sec.25-ssec.2) An application under subsection (1) may be made to the registrar even though the time sought to be abridged or extended has ended.","sortOrder":36},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Specific powers","content":"## Specific powers","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.26 Appointment of inspectors\n\nThe registrar may appoint a person, or class of persons, to be an inspector.\nThe registrar may appoint a person under subsection (1) only if—\nthe registrar considers the person has the necessary expertise or experience to be an inspector; or\nthe person has satisfactorily finished a course of training approved by the registrar.\ns 26 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.26-ssec.1) The registrar may appoint a person, or class of persons, to be an inspector.\n(sec.26-ssec.2) The registrar may appoint a person under subsection (1) only if— the registrar considers the person has the necessary expertise or experience to be an inspector; or the person has satisfactorily finished a course of training approved by the registrar.\n- (a) the registrar considers the person has the necessary expertise or experience to be an inspector; or\n- (b) the person has satisfactorily finished a course of training approved by the registrar.","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Powers of inspectors","content":"### sec.27 Powers of inspectors\n\nAn inspector—\nhas the powers given under this Act; and\nis subject to the direction of the registrar in exercising the powers.\nThe powers of an inspector may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice given by the registrar to the inspector.\ns 27 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.27-ssec.1) An inspector— has the powers given under this Act; and is subject to the direction of the registrar in exercising the powers.\n(sec.27-ssec.2) The powers of an inspector may be limited— under a regulation; or under a condition of appointment; or by written notice given by the registrar to the inspector.\n- (a) has the powers given under this Act; and\n- (b) is subject to the direction of the registrar in exercising the powers.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice given by the registrar to the inspector.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Inspector’s appointment terms","content":"### sec.28 Inspector’s appointment terms\n\nAn inspector holds office on the terms stated in the instrument of appointment.\nAn inspector—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nif the terms of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment terms (the main office ); and\nmay resign by signed notice of resignation given to the registrar.\nHowever, an inspector may not resign from the office under this Act (the secondary office ) if a term of employment to the main office requires the inspector to hold the secondary office.\ns 28 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.28-ssec.1) An inspector holds office on the terms stated in the instrument of appointment.\n(sec.28-ssec.2) An inspector— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and if the terms of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment terms (the main office ); and may resign by signed notice of resignation given to the registrar.\n(sec.28-ssec.3) However, an inspector may not resign from the office under this Act (the secondary office ) if a term of employment to the main office requires the inspector to hold the secondary office.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) if the terms of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment terms (the main office ); and\n- (c) may resign by signed notice of resignation given to the registrar.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.29 Inspector’s identity card\n\nThe registrar must give each inspector an identity card.\nThe identity card must—\ncontain a recent photo of the inspector; and\nbe signed by the inspector; and\nidentify the person as an inspector for this Act.\nA person who ceases being an inspector must return the person’s identity card to the registrar as soon as possible (but within 21 days) after the person ceases being an inspector, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThis section does not prevent the giving of a single identity card to a person for this and other Acts.\ns 29 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.29-ssec.1) The registrar must give each inspector an identity card.\n(sec.29-ssec.2) The identity card must— contain a recent photo of the inspector; and be signed by the inspector; and identify the person as an inspector for this Act.\n(sec.29-ssec.3) A person who ceases being an inspector must return the person’s identity card to the registrar as soon as possible (but within 21 days) after the person ceases being an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.29-ssec.4) This section does not prevent the giving of a single identity card to a person for this and other Acts.\n- (a) contain a recent photo of the inspector; and\n- (b) be signed by the inspector; and\n- (c) identify the person as an inspector for this Act.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Production or display of inspector’s identity card","content":"### sec.30 Production or display of inspector’s identity card\n\nAn inspector may exercise a power in relation to someone only if—\nthe inspector first produces the inspector’s identity card for the other person’s inspection; or\nthe inspector has the inspector’s identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the other person at the first reasonable opportunity.\n(sec.30-ssec.1) An inspector may exercise a power in relation to someone only if— the inspector first produces the inspector’s identity card for the other person’s inspection; or the inspector has the inspector’s identity card displayed so it is clearly visible to the other person.\n(sec.30-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the other person at the first reasonable opportunity.\n- (a) the inspector first produces the inspector’s identity card for the other person’s inspection; or\n- (b) the inspector has the inspector’s identity card displayed so it is clearly visible to the other person.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Entry to places by inspector","content":"### sec.31 Entry to places by inspector\n\nAn inspector may enter a place only if—\nits occupier consents to the entry; or\nthe entry is authorised by a warrant; or\nthe place is premises occupied by a society and the entry is made when the premises are open for conduct of business or otherwise open for entry.\nHowever, an inspector may, without the occupier’s consent or a warrant, enter—\na public place when the place is open to the public; or\nthe land around premises to ask its occupier for consent to enter the premises.\n(sec.31-ssec.1) An inspector may enter a place only if— its occupier consents to the entry; or the entry is authorised by a warrant; or the place is premises occupied by a society and the entry is made when the premises are open for conduct of business or otherwise open for entry.\n(sec.31-ssec.2) However, an inspector may, without the occupier’s consent or a warrant, enter— a public place when the place is open to the public; or the land around premises to ask its occupier for consent to enter the premises.\n- (a) its occupier consents to the entry; or\n- (b) the entry is authorised by a warrant; or\n- (c) the place is premises occupied by a society and the entry is made when the premises are open for conduct of business or otherwise open for entry.\n- (a) a public place when the place is open to the public; or\n- (b) the land around premises to ask its occupier for consent to enter the premises.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Consent to entry","content":"### sec.32 Consent to entry\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthat the occupier was told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthat the occupier gives the inspector consent to enter the place and exercise powers under this subdivision; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.\nSubsection (7) applies to a court if—\nan issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this subdivision; and\nan acknowledgment under this section is not produced in evidence for the entry; and\nit is not proved that the occupier consented to the entry.\nThe court may presume that the occupier did not consent.\n(sec.32-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\n(sec.32-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.32-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\n(sec.32-ssec.4) The acknowledgment must state— that the occupier was told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and that the occupier gives the inspector consent to enter the place and exercise powers under this subdivision; and the time and date the consent was given.\n(sec.32-ssec.5) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.\n(sec.32-ssec.6) Subsection (7) applies to a court if— an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this subdivision; and an acknowledgment under this section is not produced in evidence for the entry; and it is not proved that the occupier consented to the entry.\n(sec.32-ssec.7) The court may presume that the occupier did not consent.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) that the occupier was told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) that the occupier gives the inspector consent to enter the place and exercise powers under this subdivision; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this subdivision; and\n- (b) an acknowledgment under this section is not produced in evidence for the entry; and\n- (c) it is not proved that the occupier consented to the entry.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Warrants to enter","content":"### sec.33 Warrants to enter\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is, or may be within the next 7 days, at the place.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this subdivision; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 7 days after the warrant’s issue, when the warrant ends.\n(sec.33-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.33-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.33-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.33-ssec.4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place.\n(sec.33-ssec.5) The warrant must state— that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this subdivision; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 7 days after the warrant’s issue, when the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is, or may be within the next 7 days, at the place.\n- (a) that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this subdivision; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 7 days after the warrant’s issue, when the warrant ends.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Warrants—applications made other than in person","content":"### sec.34 Warrants—applications made other than in person\n\nAn inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy of the warrant to the inspector—\nthe magistrate must—\ntell the inspector what the terms of the warrant are; and\ntell the inspector the date and time the warrant was issued; and\nthe inspector must complete a form of warrant ( warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nSubsection (10) applies to a court if—\nan issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and\nthe warrant is not produced in evidence.\nThe court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.\n(sec.34-ssec.1) An inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.34-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.34-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.34-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.\n(sec.34-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the inspector— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the date and time the warrant was issued; and the inspector must complete a form of warrant ( warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.34-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.34-ssec.7) The inspector must, at the first reasonable opportunity, send the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.34-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.34-ssec.9) Subsection (10) applies to a court if— an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and the warrant is not produced in evidence.\n(sec.34-ssec.10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was issued; and\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant ( warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and\n- (b) the warrant is not produced in evidence.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"General powers after entering places","content":"### sec.35 General powers after entering places\n\nThis section applies to an inspector who enters a place.\nFor monitoring or enforcing compliance with this Act, the inspector may—\nsearch any part of the place; or\ninspect or photograph any part of the place or anything at the place; or\ncopy a document at the place; or\ntake into or onto the place any persons or equipment the inspector reasonably requires for exercising a power under this subdivision; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the powers under paragraphs (a) to (d) .\nA person must comply with a requirement under subsection (2) (e) , unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\nA requirement under subsection (2) (e) does not include a requirement to produce a document or give information.\nFor the power to require documents to be produced see section 44 . For the power to require information see section 43 .\n(sec.35-ssec.1) This section applies to an inspector who enters a place.\n(sec.35-ssec.2) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect or photograph any part of the place or anything at the place; or copy a document at the place; or take into or onto the place any persons or equipment the inspector reasonably requires for exercising a power under this subdivision; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the powers under paragraphs (a) to (d) .\n(sec.35-ssec.3) A person must comply with a requirement under subsection (2) (e) , unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.35-ssec.4) A requirement under subsection (2) (e) does not include a requirement to produce a document or give information. For the power to require documents to be produced see section 44 . For the power to require information see section 43 .\n- (a) search any part of the place; or\n- (b) inspect or photograph any part of the place or anything at the place; or\n- (c) copy a document at the place; or\n- (d) take into or onto the place any persons or equipment the inspector reasonably requires for exercising a power under this subdivision; or\n- (e) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the powers under paragraphs (a) to (d) .","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Power to seize evidence","content":"### sec.36 Power to seize evidence\n\nAn inspector who enters a place with the occupier’s consent may seize a thing in the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nAn inspector who enters a place with a warrant may seize the evidence for which the warrant was issued.\nAn inspector may also seize anything else at a place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence.\nAlso, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.36-ssec.1) An inspector who enters a place with the occupier’s consent may seize a thing in the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.36-ssec.2) An inspector who enters a place with a warrant may seize the evidence for which the warrant was issued.\n(sec.36-ssec.3) An inspector may also seize anything else at a place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence.\n(sec.36-ssec.4) Also, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Powers supporting seizure","content":"### sec.37 Powers supporting seizure\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nSealing a thing and marking it to show access to it is restricted.\nSealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.\nMaximum penalty for subsection (2) —80 penalty units.\n(sec.37-ssec.1) Having seized a thing, an inspector may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but take reasonable action to restrict access to it. Sealing a thing and marking it to show access to it is restricted. Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.\n(sec.37-ssec.2) If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval. Maximum penalty for subsection (2) —80 penalty units.\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 Sealing a thing and marking it to show access to it is restricted. 2 Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.\n- 1 Sealing a thing and marking it to show access to it is restricted.\n- 2 Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.\n- 1 Sealing a thing and marking it to show access to it is restricted.\n- 2 Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Receipt for seized things","content":"### sec.38 Receipt for seized things\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the notice required by the section given the thing’s nature, condition and value.\n(sec.38-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.38-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\n(sec.38-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.38-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the notice required by the section given the thing’s nature, condition and value.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Return of seized things","content":"### sec.39 Return of seized things\n\nThe inspector must return a seized thing to its owner at the end of—\n60 days; or\nif a proceeding for an offence involving it is started within the 60 days—the proceeding and any appeal from the proceeding.\nDespite subsection (1) , the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.39-ssec.1) The inspector must return a seized thing to its owner at the end of— 60 days; or if a proceeding for an offence involving it is started within the 60 days—the proceeding and any appeal from the proceeding.\n(sec.39-ssec.2) Despite subsection (1) , the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) 60 days; or\n- (b) if a proceeding for an offence involving it is started within the 60 days—the proceeding and any appeal from the proceeding.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Access to seized things","content":"### sec.40 Access to seized things\n\nUntil a seized thing is returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.40-ssec.1) Until a seized thing is returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.40-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Impersonating inspectors","content":"### sec.41 Impersonating inspectors\n\nA person must not pretend to be an inspector.\nMaximum penalty—100 penalty units or 6 months imprisonment.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Obstruction of inspector","content":"### sec.42 Obstruction of inspector\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—800 penalty units or 7 years imprisonment.\nIn this section—\nobstruct includes hinder, intimidate, resist or threaten.\n(sec.42-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—800 penalty units or 7 years imprisonment.\n(sec.42-ssec.2) In this section— obstruct includes hinder, intimidate, resist or threaten.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Power to require information","content":"### sec.43 Power to require information\n\nThis section applies if the registrar reasonably believes—\nan offence against this Act has just been committed; and\na society may be able to give information about the offence.\nThe registrar may, by written notice given to the society, require the society to give information about the offence.\nWhen making the requirement, the registrar must warn the society it is an offence to fail to give the information, unless the society has a reasonable excuse.\nThe society must give the information, unless the society has a reasonable excuse.\nMaximum penalty—400 penalty units.\nIt is a reasonable excuse for a society to fail to give information if complying with the requirement might tend to incriminate the society.\ns 43 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.43-ssec.1) This section applies if the registrar reasonably believes— an offence against this Act has just been committed; and a society may be able to give information about the offence.\n(sec.43-ssec.2) The registrar may, by written notice given to the society, require the society to give information about the offence.\n(sec.43-ssec.3) When making the requirement, the registrar must warn the society it is an offence to fail to give the information, unless the society has a reasonable excuse.\n(sec.43-ssec.4) The society must give the information, unless the society has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.43-ssec.5) It is a reasonable excuse for a society to fail to give information if complying with the requirement might tend to incriminate the society.\n- (a) an offence against this Act has just been committed; and\n- (b) a society may be able to give information about the offence.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Power to require production of certain documents","content":"### sec.44 Power to require production of certain documents\n\nThe registrar may, by written notice given to a person, require the person to produce for inspection by an inspector a document issued, or required to be kept, under this Act.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—400 penalty units.\nAn inspector to whom a document is produced may keep the document to make a copy of it.\nIf the inspector copies it, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document.\nThe person must certify the copy, unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\nThe inspector must return the document to the person as soon as practicable after making the copy.\nIt is a reasonable excuse for a person to fail to produce a document or certify a copy of a document, if complying with the requirement may tend to incriminate the person.\ns 44 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.44-ssec.1) The registrar may, by written notice given to a person, require the person to produce for inspection by an inspector a document issued, or required to be kept, under this Act.\n(sec.44-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.44-ssec.3) An inspector to whom a document is produced may keep the document to make a copy of it.\n(sec.44-ssec.4) If the inspector copies it, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document.\n(sec.44-ssec.5) The person must certify the copy, unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.44-ssec.6) The inspector must return the document to the person as soon as practicable after making the copy.\n(sec.44-ssec.7) It is a reasonable excuse for a person to fail to produce a document or certify a copy of a document, if complying with the requirement may tend to incriminate the person.","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Inspector to give notice of damage","content":"### sec.45 Inspector to give notice of damage\n\nThis section applies if—\nan inspector damages something when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages something.\nThe inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing.\nIf the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably believes is trivial.\nIn this section—\nowner of a thing includes the person in possession or control of it.\n(sec.45-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something.\n(sec.45-ssec.2) The inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing.\n(sec.45-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice.\n(sec.45-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.45-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial.\n(sec.45-ssec.6) In this section— owner of a thing includes the person in possession or control of it.\n- (a) an inspector damages something when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages something.","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":"Compensation","content":"### sec.46 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this subdivision, including, for example, in complying with a requirement made of the person.\nCompensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence brought against the person claiming compensation.\nA court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.46-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this subdivision, including, for example, in complying with a requirement made of the person.\n(sec.46-ssec.2) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence brought against the person claiming compensation.\n(sec.46-ssec.3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n(sec.46-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence brought against the person claiming compensation.","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Special meeting and inquiry","content":"### sec.47 Special meeting and inquiry\n\nThe registrar may, on the written application of a majority of the directors of a society or of not less than 10% of the members of a society, or on the registrar’s own initiative—\ncall a special meeting of the society; or\nhold an inquiry into affairs (including the working and financial condition) of the society.\nAn application under subsection (1) must be supported by the evidence that the registrar directs to show that—\nthe applicants have good reason for requiring the meeting or inquiry; and\nthe application is made without malicious motive.\nIf the registrar directs, notice of the application must be given to the society.\nSecurity for the expenses of a meeting or inquiry must be given—\nif the meeting is called or inquiry is held on an application under subsection (1) —by the applicants; or\nif paragraph (a) does not apply—by the persons and in the way the registrar directs.\nThe registrar may—\ndirect the time and place the meeting or inquiry is to be held; and\ndirect what matters are to be discussed or decided; and\ndespite the society’s rules, give notice to members of the holding of the meeting or inquiry as the registrar considers appropriate.\nThe registrar may, by written notice, direct the directors and the other persons the registrar requires to attend the meeting or inquiry.\nA person to whom a direction is given under subsection (6) must not fail to comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—800 penalty units or 4 years imprisonment.\nA meeting held under this section has all the powers of a meeting called under the society’s rules and has power to appoint a person to preside at the meeting, despite any rule of the society to the contrary.\nThe registrar, or a person nominated by the registrar, may attend and address a meeting held under this section.\nThe expenses of and incidental to the meeting or inquiry may be defrayed by the applicants, or out of the society’s funds, or by an officer or member, or former officer or member, in the proportions agreed to between the registrar and those persons.\nThe expenses may be recovered as a debt in a court having jurisdiction for the recovery of debts up to the amount involved.\nIn default of agreement under subsection (10) , the expenses must be defrayed by the persons, and in the proportions, that the Supreme Court, on the application of the registrar, directs.\ns 47 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.47-ssec.1) The registrar may, on the written application of a majority of the directors of a society or of not less than 10% of the members of a society, or on the registrar’s own initiative— call a special meeting of the society; or hold an inquiry into affairs (including the working and financial condition) of the society.\n(sec.47-ssec.2) An application under subsection (1) must be supported by the evidence that the registrar directs to show that— the applicants have good reason for requiring the meeting or inquiry; and the application is made without malicious motive.\n(sec.47-ssec.3) If the registrar directs, notice of the application must be given to the society.\n(sec.47-ssec.4) Security for the expenses of a meeting or inquiry must be given— if the meeting is called or inquiry is held on an application under subsection (1) —by the applicants; or if paragraph (a) does not apply—by the persons and in the way the registrar directs.\n(sec.47-ssec.5) The registrar may— direct the time and place the meeting or inquiry is to be held; and direct what matters are to be discussed or decided; and despite the society’s rules, give notice to members of the holding of the meeting or inquiry as the registrar considers appropriate.\n(sec.47-ssec.6) The registrar may, by written notice, direct the directors and the other persons the registrar requires to attend the meeting or inquiry.\n(sec.47-ssec.7) A person to whom a direction is given under subsection (6) must not fail to comply with the direction, unless the person has a reasonable excuse. Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.47-ssec.8) A meeting held under this section has all the powers of a meeting called under the society’s rules and has power to appoint a person to preside at the meeting, despite any rule of the society to the contrary.\n(sec.47-ssec.9) The registrar, or a person nominated by the registrar, may attend and address a meeting held under this section.\n(sec.47-ssec.10) The expenses of and incidental to the meeting or inquiry may be defrayed by the applicants, or out of the society’s funds, or by an officer or member, or former officer or member, in the proportions agreed to between the registrar and those persons.\n(sec.47-ssec.11) The expenses may be recovered as a debt in a court having jurisdiction for the recovery of debts up to the amount involved.\n(sec.47-ssec.12) In default of agreement under subsection (10) , the expenses must be defrayed by the persons, and in the proportions, that the Supreme Court, on the application of the registrar, directs.\n- (a) call a special meeting of the society; or\n- (b) hold an inquiry into affairs (including the working and financial condition) of the society.\n- (a) the applicants have good reason for requiring the meeting or inquiry; and\n- (b) the application is made without malicious motive.\n- (a) if the meeting is called or inquiry is held on an application under subsection (1) —by the applicants; or\n- (b) if paragraph (a) does not apply—by the persons and in the way the registrar directs.\n- (a) direct the time and place the meeting or inquiry is to be held; and\n- (b) direct what matters are to be discussed or decided; and\n- (c) despite the society’s rules, give notice to members of the holding of the meeting or inquiry as the registrar considers appropriate.","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Intervention by the registrar","content":"### sec.48 Intervention by the registrar\n\nThe registrar may, by written notice given to a society, place it under direction if the registrar considers that—\nthe society has contravened this Act and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act; or\nthe society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\nthe society’s affairs are being conducted in an improper or financially unsound way.\nThe registrar may, by written notice given to the society, revoke the notice.\nWhile the society is under direction, the registrar may do all things the registrar considers necessary to do under this Act.\nWithout limiting subsection (3) , the registrar may—\norder an audit of the society’s affairs at the society’s expense by an auditor chosen by the registrar; or\ndirect the society to change a practice the registrar considers is undesirable or unsound; or\ndirect the society to cease or limit the raising or lending of funds or the exercise of other powers; or\nremove a director, or all the directors, of the society from office and appoint another director or other directors; or\nremove an auditor of the society from office and appoint another auditor; or\ngive other directions about how the society’s affairs are, or are not, to be conducted.\nA director or auditor appointed under this section holds office for the term directed by the registrar.\nA society and any officer of the society who is in default each commit an offence if the society—\nfails to comply with a direction given, or requirement made, under this section to the extent the society is capable of doing so, unless the society has a reasonable excuse; or\nobstructs, hinders or resists the exercise of the registrar’s powers under this section, unless the society has a reasonable excuse.\nMaximum penalty for subsection (6) —1600 penalty units or 7 years imprisonment.\ns 48 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.48-ssec.1) The registrar may, by written notice given to a society, place it under direction if the registrar considers that— the society has contravened this Act and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act; or the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or the society’s affairs are being conducted in an improper or financially unsound way.\n(sec.48-ssec.2) The registrar may, by written notice given to the society, revoke the notice.\n(sec.48-ssec.3) While the society is under direction, the registrar may do all things the registrar considers necessary to do under this Act.\n(sec.48-ssec.4) Without limiting subsection (3) , the registrar may— order an audit of the society’s affairs at the society’s expense by an auditor chosen by the registrar; or direct the society to change a practice the registrar considers is undesirable or unsound; or direct the society to cease or limit the raising or lending of funds or the exercise of other powers; or remove a director, or all the directors, of the society from office and appoint another director or other directors; or remove an auditor of the society from office and appoint another auditor; or give other directions about how the society’s affairs are, or are not, to be conducted.\n(sec.48-ssec.5) A director or auditor appointed under this section holds office for the term directed by the registrar.\n(sec.48-ssec.6) A society and any officer of the society who is in default each commit an offence if the society— fails to comply with a direction given, or requirement made, under this section to the extent the society is capable of doing so, unless the society has a reasonable excuse; or obstructs, hinders or resists the exercise of the registrar’s powers under this section, unless the society has a reasonable excuse. Maximum penalty for subsection (6) —1600 penalty units or 7 years imprisonment.\n- (a) the society has contravened this Act and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act; or\n- (b) the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\n- (c) the society’s affairs are being conducted in an improper or financially unsound way.\n- (a) order an audit of the society’s affairs at the society’s expense by an auditor chosen by the registrar; or\n- (b) direct the society to change a practice the registrar considers is undesirable or unsound; or\n- (c) direct the society to cease or limit the raising or lending of funds or the exercise of other powers; or\n- (d) remove a director, or all the directors, of the society from office and appoint another director or other directors; or\n- (e) remove an auditor of the society from office and appoint another auditor; or\n- (f) give other directions about how the society’s affairs are, or are not, to be conducted.\n- (a) fails to comply with a direction given, or requirement made, under this section to the extent the society is capable of doing so, unless the society has a reasonable excuse; or\n- (b) obstructs, hinders or resists the exercise of the registrar’s powers under this section, unless the society has a reasonable excuse.","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Power to suspend operations","content":"### sec.49 Power to suspend operations\n\nThe registrar may act under subsection (2) if the registrar considers that it is necessary to do so—\nin the interests of members, or persons who may become members, of a society; or\nbecause a society has failed to comply with a standard.\nThe registrar may, by written notice given to the society, direct the society not to do all or any of the following—\ngive financial accommodation to members;\nraise funds;\ngrant security over the society’s assets.\nA notice under subsection (2) continues in force until it expires or is withdrawn by the registrar.\nThe registrar may, by a further written notice given to the society—\nextend the period for which a notice under subsection (2) is to have force; or\namend the terms of the notice; or\nwithdraw the notice.\nIf a society fails to comply with a notice under this section, the society and any officer of the society who is in default each commit an offence.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\nSubsection (5) does not apply if the failure to comply happens with the registrar’s written permission.\ns 49 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.49-ssec.1) The registrar may act under subsection (2) if the registrar considers that it is necessary to do so— in the interests of members, or persons who may become members, of a society; or because a society has failed to comply with a standard.\n(sec.49-ssec.2) The registrar may, by written notice given to the society, direct the society not to do all or any of the following— give financial accommodation to members; raise funds; grant security over the society’s assets.\n(sec.49-ssec.3) A notice under subsection (2) continues in force until it expires or is withdrawn by the registrar.\n(sec.49-ssec.4) The registrar may, by a further written notice given to the society— extend the period for which a notice under subsection (2) is to have force; or amend the terms of the notice; or withdraw the notice.\n(sec.49-ssec.5) If a society fails to comply with a notice under this section, the society and any officer of the society who is in default each commit an offence. Maximum penalty—1600 penalty units or 7 years imprisonment.\n(sec.49-ssec.6) Subsection (5) does not apply if the failure to comply happens with the registrar’s written permission.\n- (a) in the interests of members, or persons who may become members, of a society; or\n- (b) because a society has failed to comply with a standard.\n- (a) give financial accommodation to members;\n- (b) raise funds;\n- (c) grant security over the society’s assets.\n- (a) extend the period for which a notice under subsection (2) is to have force; or\n- (b) amend the terms of the notice; or\n- (c) withdraw the notice.","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Appointment of administrator","content":"### sec.50 Appointment of administrator\n\nThis section applies if—\nthe registrar considers that—\na society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\na society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\na society’s affairs are being conducted in an improper or financially unsound way; or\nafter making the inquiries about a society the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors that the society’s affairs be conducted by an administrator; or\nthe registrar has certified that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened in relation to a society.\nThe registrar may appoint an administrator to conduct a society’s affairs.\nThe appointment must be made by written notice.\nThe notice of appointment must state—\nthe date of appointment; and\nthe appointee’s name; and\nthe appointee’s business address.\nAn administrator holds office until the administrator’s appointment is revoked.\ns 50 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.50-ssec.1) This section applies if— the registrar considers that— a society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or a society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or a society’s affairs are being conducted in an improper or financially unsound way; or after making the inquiries about a society the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors that the society’s affairs be conducted by an administrator; or the registrar has certified that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened in relation to a society.\n(sec.50-ssec.2) The registrar may appoint an administrator to conduct a society’s affairs.\n(sec.50-ssec.3) The appointment must be made by written notice.\n(sec.50-ssec.4) The notice of appointment must state— the date of appointment; and the appointee’s name; and the appointee’s business address.\n(sec.50-ssec.5) An administrator holds office until the administrator’s appointment is revoked.\n- (a) the registrar considers that— (i) a society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or (ii) a society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or (iii) a society’s affairs are being conducted in an improper or financially unsound way; or\n- (i) a society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\n- (ii) a society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\n- (iii) a society’s affairs are being conducted in an improper or financially unsound way; or\n- (b) after making the inquiries about a society the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors that the society’s affairs be conducted by an administrator; or\n- (c) the registrar has certified that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened in relation to a society.\n- (i) a society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\n- (ii) a society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\n- (iii) a society’s affairs are being conducted in an improper or financially unsound way; or\n- (a) the date of appointment; and\n- (b) the appointee’s name; and\n- (c) the appointee’s business address.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice of change of administrator’s particulars to be given to the registrar","content":"### sec.51 Notice of change of administrator’s particulars to be given to the registrar\n\nIf the administrator’s name or business address changes, the administrator must immediately give the registrar written notice of the change.\ns 51 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Effect of administrator’s appointment","content":"### sec.52 Effect of administrator’s appointment\n\nOn the appointment of an administrator of a society—\nthe society’s directors cease to hold office; and\nall contracts of employment with, or for providing administrative or secretarial services to, the society are terminated; and\nthe administrator may terminate a contract for providing other services to the society.\nA director of a society may not be appointed or elected while the administrator is in office except in the circumstances mentioned in section 54 (3) .\n(sec.52-ssec.1) On the appointment of an administrator of a society— the society’s directors cease to hold office; and all contracts of employment with, or for providing administrative or secretarial services to, the society are terminated; and the administrator may terminate a contract for providing other services to the society.\n(sec.52-ssec.2) A director of a society may not be appointed or elected while the administrator is in office except in the circumstances mentioned in section 54 (3) .\n- (a) the society’s directors cease to hold office; and\n- (b) all contracts of employment with, or for providing administrative or secretarial services to, the society are terminated; and\n- (c) the administrator may terminate a contract for providing other services to the society.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Administrator’s powers and functions","content":"### sec.53 Administrator’s powers and functions\n\nAn administrator of a society has the powers and functions of the society’s board, including the board’s powers of delegation.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Revocation of administrator’s appointment","content":"### sec.54 Revocation of administrator’s appointment\n\nThe registrar may revoke an administrator’s appointment.\nThe revocation must happen by written notice.\nBefore revoking an administrator’s appointment, the registrar must—\nappoint another administrator; or\nappoint a liquidator; or\nensure directors have been elected under the society’s rules at a meeting called by the administrator under the rules; or\nappoint directors of the society.\nDirectors elected or appointed under subsection (3) —\ntake office on the revocation of the administrator’s appointment; and\nfor directors appointed under subsection (3) (d) —hold office, subject to section 58 , until the end of the society’s next annual general meeting.\ns 54 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.54-ssec.1) The registrar may revoke an administrator’s appointment.\n(sec.54-ssec.2) The revocation must happen by written notice.\n(sec.54-ssec.3) Before revoking an administrator’s appointment, the registrar must— appoint another administrator; or appoint a liquidator; or ensure directors have been elected under the society’s rules at a meeting called by the administrator under the rules; or appoint directors of the society.\n(sec.54-ssec.4) Directors elected or appointed under subsection (3) — take office on the revocation of the administrator’s appointment; and for directors appointed under subsection (3) (d) —hold office, subject to section 58 , until the end of the society’s next annual general meeting.\n- (a) appoint another administrator; or\n- (b) appoint a liquidator; or\n- (c) ensure directors have been elected under the society’s rules at a meeting called by the administrator under the rules; or\n- (d) appoint directors of the society.\n- (a) take office on the revocation of the administrator’s appointment; and\n- (b) for directors appointed under subsection (3) (d) —hold office, subject to section 58 , until the end of the society’s next annual general meeting.","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Administrator’s duty on revocation of appointment","content":"### sec.55 Administrator’s duty on revocation of appointment\n\nImmediately on the revocation of an administrator’s appointment, the administrator must prepare and give the registrar a report showing how the administration was carried out and, for that purpose, an administrator has access to the society’s records and documents.\nOn giving the report and accounting fully for the society’s administration to the registrar’s satisfaction, the administrator is released from further duty to account for the society’s administration other than because of fraud, dishonesty, negligence or wilful failure to comply with this Act.\ns 55 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.55-ssec.1) Immediately on the revocation of an administrator’s appointment, the administrator must prepare and give the registrar a report showing how the administration was carried out and, for that purpose, an administrator has access to the society’s records and documents.\n(sec.55-ssec.2) On giving the report and accounting fully for the society’s administration to the registrar’s satisfaction, the administrator is released from further duty to account for the society’s administration other than because of fraud, dishonesty, negligence or wilful failure to comply with this Act.","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Expenses of administration","content":"### sec.56 Expenses of administration\n\nThe expenses of conducting a society’s affairs by an administrator are payable from the society’s funds.\nThe expenses include the administrator’s remuneration at a rate approved by the registrar.\nAn administrator has, for the expenses of conducting a society’s affairs, the same priority on the winding-up of a society as the liquidator of the society has.\ns 56 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.56-ssec.1) The expenses of conducting a society’s affairs by an administrator are payable from the society’s funds.\n(sec.56-ssec.2) The expenses include the administrator’s remuneration at a rate approved by the registrar.\n(sec.56-ssec.3) An administrator has, for the expenses of conducting a society’s affairs, the same priority on the winding-up of a society as the liquidator of the society has.","sortOrder":68},{"sectionNumber":"sec.57","sectionType":"section","heading":"Administrator’s liability","content":"### sec.57 Administrator’s liability\n\nIf a society incurs a loss because of fraud, dishonesty, negligence or wilful failure to comply with this Act or the society’s rules by an administrator, the administrator is liable for the loss.\nAn administrator is not liable for other loss but must account for the loss in a report given under section 55 .\n(sec.57-ssec.1) If a society incurs a loss because of fraud, dishonesty, negligence or wilful failure to comply with this Act or the society’s rules by an administrator, the administrator is liable for the loss.\n(sec.57-ssec.2) An administrator is not liable for other loss but must account for the loss in a report given under section 55 .","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Additional powers of the registrar","content":"### sec.58 Additional powers of the registrar\n\nIf the registrar appoints directors of a society under section 54 (3) (d) , the registrar may, by written notice given to the society, state—\na time during which this section is to apply to the society; and\nthe terms on which all or any of the directors hold office; and\nthe rules that are to be the society’s rules.\nWhile this section applies to a society, the registrar may—\nfrom time to time remove and appoint directors; and\nvary, revoke or specify new terms in place of all or any of the terms stated under subsection (1) ; and\namend all or any of the rules stated under subsection (1) .\nThe registrar may, by written notice given to the society, extend the time during which this section is to apply to a society.\nA rule stated by the registrar under this section as a rule of a society—\nis not to be amended or revoked except in the way set out in this section; and\nif it is inconsistent with any other rule of the society—prevails over the other rule, and the other rule is to the extent of the inconsistency invalid; and\nhas the same evidentiary value as is by this Act given to the society’s rules and to copies of them.\ns 58 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.58-ssec.1) If the registrar appoints directors of a society under section 54 (3) (d) , the registrar may, by written notice given to the society, state— a time during which this section is to apply to the society; and the terms on which all or any of the directors hold office; and the rules that are to be the society’s rules.\n(sec.58-ssec.2) While this section applies to a society, the registrar may— from time to time remove and appoint directors; and vary, revoke or specify new terms in place of all or any of the terms stated under subsection (1) ; and amend all or any of the rules stated under subsection (1) .\n(sec.58-ssec.3) The registrar may, by written notice given to the society, extend the time during which this section is to apply to a society.\n(sec.58-ssec.4) A rule stated by the registrar under this section as a rule of a society— is not to be amended or revoked except in the way set out in this section; and if it is inconsistent with any other rule of the society—prevails over the other rule, and the other rule is to the extent of the inconsistency invalid; and has the same evidentiary value as is by this Act given to the society’s rules and to copies of them.\n- (a) a time during which this section is to apply to the society; and\n- (b) the terms on which all or any of the directors hold office; and\n- (c) the rules that are to be the society’s rules.\n- (a) from time to time remove and appoint directors; and\n- (b) vary, revoke or specify new terms in place of all or any of the terms stated under subsection (1) ; and\n- (c) amend all or any of the rules stated under subsection (1) .\n- (a) is not to be amended or revoked except in the way set out in this section; and\n- (b) if it is inconsistent with any other rule of the society—prevails over the other rule, and the other rule is to the extent of the inconsistency invalid; and\n- (c) has the same evidentiary value as is by this Act given to the society’s rules and to copies of them.","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"Stay of proceedings","content":"### sec.59 Stay of proceedings\n\nThis section applies if the registrar appoints an administrator to conduct a society’s affairs.\nA person must not begin or continue a proceeding in a court against the society until the administrator’s appointment is revoked except with the leave of the Supreme Court and, if the court grants leave, under any terms the court imposes.\nA person intending to apply for leave must give the registrar at least 10 days notice of intention to apply.\nOn the hearing of an application for leave, the registrar may be represented and may oppose the granting of the application.\ns 59 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.59-ssec.1) This section applies if the registrar appoints an administrator to conduct a society’s affairs.\n(sec.59-ssec.2) A person must not begin or continue a proceeding in a court against the society until the administrator’s appointment is revoked except with the leave of the Supreme Court and, if the court grants leave, under any terms the court imposes.\n(sec.59-ssec.3) A person intending to apply for leave must give the registrar at least 10 days notice of intention to apply.\n(sec.59-ssec.4) On the hearing of an application for leave, the registrar may be represented and may oppose the granting of the application.","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Administrator to report to the registrar","content":"### sec.60 Administrator to report to the registrar\n\nOn the receipt of a request from the registrar, a society’s administrator must, without delay, prepare and give the registrar a report showing how the administration is being carried out.\ns 60 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Cooperatives Supervision Fund","content":"### sec.61 Cooperatives Supervision Fund\n\nThe Cooperatives Supervision Fund is established.\nThe registrar must pay into the fund—\nall amounts received as supervision levy under this subdivision; and\nincome from the investment of amounts credited to the fund and the proceeds of the sale of investments.\nThe registrar must pay out of the fund—\npayments for or towards the expenses of performing the registrar’s functions and exercising the registrar’s powers under this Act; and\nexpenses incurred in administering the fund.\nThe registrar may invest amounts in the fund in the way the registrar considers appropriate.\ns 61 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.61-ssec.1) The Cooperatives Supervision Fund is established.\n(sec.61-ssec.2) The registrar must pay into the fund— all amounts received as supervision levy under this subdivision; and income from the investment of amounts credited to the fund and the proceeds of the sale of investments.\n(sec.61-ssec.3) The registrar must pay out of the fund— payments for or towards the expenses of performing the registrar’s functions and exercising the registrar’s powers under this Act; and expenses incurred in administering the fund.\n(sec.61-ssec.4) The registrar may invest amounts in the fund in the way the registrar considers appropriate.\n- (a) all amounts received as supervision levy under this subdivision; and\n- (b) income from the investment of amounts credited to the fund and the proceeds of the sale of investments.\n- (a) payments for or towards the expenses of performing the registrar’s functions and exercising the registrar’s powers under this Act; and\n- (b) expenses incurred in administering the fund.","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Supervision levy","content":"### sec.62 Supervision levy\n\nThe registrar may decide that an amount must be paid to the registrar by societies as a supervision levy.\nThe amount of the levy may be fixed by the registrar as—\na stated amount; or\na stated percentage of an amount to be decided, on a stated day, by reference to stated factors about societies (including, for example, the number of members in a society, reserves, obligations and debts and total assets); or\nboth a stated amount and a stated percentage.\nIf the levy is fixed, wholly or partly, as mentioned in subsection (2) (b) , the registrar may include in the decision directions about how the levy is to be decided.\nThe registrar may—\nfix the amount of the levy differently for different societies; and\ndecide that the levy is not payable by stated societies.\nThe registrar may, in the decision, require the levy to be paid in 1 amount by a stated time or permit the levy to be paid by stated instalments.\nIf the registrar permits the levy to be paid by instalments, the registrar may, in the decision, allow a discount for payment in 1 amount by a stated time or require payment of an additional amount or percentage, by way of interest, in the instalments.\nThe registrar may, in the decision, require the payment of amounts, by way of late payment charge, interest or both, for amounts of levy not paid as required by the decision.\nThe registrar may include in the decision directions about how amounts of late payment charge and interest are to be decided.\nAmounts of levy, when they are payable, are payable by the society concerned to the registrar, and may be sued for and recovered in a court having jurisdiction for the recovery of debts up to the amount of levy.\nOn the application of a society, the registrar may change—\nan amount of levy payable by the society; or\nthe time within which an amount of levy is payable by the society.\nAn amount paid by a society as levy is treated as an expense in the society’s accounts.\nIn subsections (9) to (11) —\nlevy includes late payment charge and interest for levy.\ns 62 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.62-ssec.1) The registrar may decide that an amount must be paid to the registrar by societies as a supervision levy.\n(sec.62-ssec.2) The amount of the levy may be fixed by the registrar as— a stated amount; or a stated percentage of an amount to be decided, on a stated day, by reference to stated factors about societies (including, for example, the number of members in a society, reserves, obligations and debts and total assets); or both a stated amount and a stated percentage.\n(sec.62-ssec.3) If the levy is fixed, wholly or partly, as mentioned in subsection (2) (b) , the registrar may include in the decision directions about how the levy is to be decided.\n(sec.62-ssec.4) The registrar may— fix the amount of the levy differently for different societies; and decide that the levy is not payable by stated societies.\n(sec.62-ssec.5) The registrar may, in the decision, require the levy to be paid in 1 amount by a stated time or permit the levy to be paid by stated instalments.\n(sec.62-ssec.6) If the registrar permits the levy to be paid by instalments, the registrar may, in the decision, allow a discount for payment in 1 amount by a stated time or require payment of an additional amount or percentage, by way of interest, in the instalments.\n(sec.62-ssec.7) The registrar may, in the decision, require the payment of amounts, by way of late payment charge, interest or both, for amounts of levy not paid as required by the decision.\n(sec.62-ssec.8) The registrar may include in the decision directions about how amounts of late payment charge and interest are to be decided.\n(sec.62-ssec.9) Amounts of levy, when they are payable, are payable by the society concerned to the registrar, and may be sued for and recovered in a court having jurisdiction for the recovery of debts up to the amount of levy.\n(sec.62-ssec.10) On the application of a society, the registrar may change— an amount of levy payable by the society; or the time within which an amount of levy is payable by the society.\n(sec.62-ssec.11) An amount paid by a society as levy is treated as an expense in the society’s accounts.\n(sec.62-ssec.12) In subsections (9) to (11) — levy includes late payment charge and interest for levy.\n- (a) a stated amount; or\n- (b) a stated percentage of an amount to be decided, on a stated day, by reference to stated factors about societies (including, for example, the number of members in a society, reserves, obligations and debts and total assets); or\n- (c) both a stated amount and a stated percentage.\n- (a) fix the amount of the levy differently for different societies; and\n- (b) decide that the levy is not payable by stated societies.\n- (a) an amount of levy payable by the society; or\n- (b) the time within which an amount of levy is payable by the society.","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Consultation","content":"### sec.63 Consultation\n\nIn deciding the amount to be paid as supervision levy under section 62 , the registrar may consult with industry bodies and societies if it is appropriate and practicable to consult with them.\ns 63 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Failure to make payment an offence","content":"### sec.64 Failure to make payment an offence\n\nIf a society does not make a payment required to be made for a supervision levy, the society and any officer of the society who is in default each commit an offence.\nMaximum penalty—200 penalty units.","sortOrder":76},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Prudential regulation or advice service agreements with APRA","content":"## Prudential regulation or advice service agreements with APRA","sortOrder":77},{"sectionNumber":"sec.64A","sectionType":"section","heading":"State may enter into agreements with APRA","content":"### sec.64A State may enter into agreements with APRA\n\nThe registrar may with the approval of the Minister, enter into an agreement with APRA on behalf of the State under which APRA is, for a fee, to provide prudential regulation or advice services.\nThe agreement may—\nprovide for APRA to act on behalf of the registrar; and\nmake provision about the circumstances in which, and the extent to which, one party to the agreement is liable to the other party to the agreement for matters arising under the agreement.\nIn this section—\nprudential regulation or advice services means services of either or both of the following kinds—\nservices consisting of APRA performing a role in the prudential regulation or supervision of societies;\nservices consisting of APRA providing advice relating to the prudential regulation or supervision of societies.\ns 64A ins 1999 No. 27 s 76 sch 1 pt 2\n(sec.64A-ssec.1) The registrar may with the approval of the Minister, enter into an agreement with APRA on behalf of the State under which APRA is, for a fee, to provide prudential regulation or advice services.\n(sec.64A-ssec.2) The agreement may— provide for APRA to act on behalf of the registrar; and make provision about the circumstances in which, and the extent to which, one party to the agreement is liable to the other party to the agreement for matters arising under the agreement.\n(sec.64A-ssec.3) In this section— prudential regulation or advice services means services of either or both of the following kinds— services consisting of APRA performing a role in the prudential regulation or supervision of societies; services consisting of APRA providing advice relating to the prudential regulation or supervision of societies.\n- (a) provide for APRA to act on behalf of the registrar; and\n- (b) make provision about the circumstances in which, and the extent to which, one party to the agreement is liable to the other party to the agreement for matters arising under the agreement.\n- (a) services consisting of APRA performing a role in the prudential regulation or supervision of societies;\n- (b) services consisting of APRA providing advice relating to the prudential regulation or supervision of societies.","sortOrder":78},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objects and powers of societies","content":"# Objects and powers of societies","sortOrder":79},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Objects","content":"## Objects","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Objects","content":"### sec.65 Objects\n\nThe objects of a society are to apply its funds in providing financial accommodation to its members—\nfor the purchase of residential premises, or for residential development, by a member; or\nfor the refinancing or consolidation of residential loans provided by another society to a member; or\nfor the refinancing or consolidation of residential loans provided to a member by another entity; or\nfor another purpose authorised by this Act, a regulation or a standard.\nA society must not provide financial accommodation to a member for another purpose.\nMaximum penalty—400 penalty units.\nThe application of the society’s funds is subject to this Act, the relevant standards and the society’s rules.\ns 65 amd 1997 No. 74 s 4\n(sec.65-ssec.1) The objects of a society are to apply its funds in providing financial accommodation to its members— for the purchase of residential premises, or for residential development, by a member; or for the refinancing or consolidation of residential loans provided by another society to a member; or for the refinancing or consolidation of residential loans provided to a member by another entity; or for another purpose authorised by this Act, a regulation or a standard.\n(sec.65-ssec.2) A society must not provide financial accommodation to a member for another purpose. Maximum penalty—400 penalty units.\n(sec.65-ssec.3) The application of the society’s funds is subject to this Act, the relevant standards and the society’s rules.\n- (a) for the purchase of residential premises, or for residential development, by a member; or\n- (b) for the refinancing or consolidation of residential loans provided by another society to a member; or\n- (c) for the refinancing or consolidation of residential loans provided to a member by another entity; or\n- (d) for another purpose authorised by this Act, a regulation or a standard.","sortOrder":81},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Powers","content":"### sec.66 Powers\n\nWithout limiting section 75 , but subject to this Act and the society’s rules, a society has the powers mentioned in this division.\nThe fact that the doing of an act by a society would not be, or is not, in its best interests does not affect its power or legal capacity to do the act.\n(sec.66-ssec.1) Without limiting section 75 , but subject to this Act and the society’s rules, a society has the powers mentioned in this division.\n(sec.66-ssec.2) The fact that the doing of an act by a society would not be, or is not, in its best interests does not affect its power or legal capacity to do the act.","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"Control of certain financial transactions","content":"### sec.67 Control of certain financial transactions\n\nIn this section—\napproved financial contracts means—\nfutures contracts relating to—\nsecurities issued or guaranteed by the Treasurer or the Government of the State or by the Commonwealth or another State; or\nbills of exchange payable within 200 days that have been accepted or endorsed by a bank prescribed under a regulation;\nbut only if made, or dealt in, on a futures market or a futures exchange within the meaning of the Corporations Act ; or\ninterest rate swap contracts, or forward interest rate contracts, to which a bank, or other body approved by the registrar for the purpose, is a party; or\noptions relating to contracts mentioned in paragraph (a) or (b) ; or\nother contracts of a kind approved by the registrar under subsection (6) .\nExcept as provided by this section, a society must not engage in transactions of the following kinds—\ntransactions relating to financial or other futures;\noptions in futures transactions;\nforward interest rate transactions;\ninterest rate swap transactions;\nother financial transactions of a kind specified in a standard.\nMaximum penalty—800 penalty units.\nA society may enter into and deal in approved financial contracts only if it does so to reduce the risk of adverse variations—\nin the costs of raising funds by the society; or\nin the revenue obtainable by the society from investments made or financial accommodation provided by the society.\nA society must not contravene subsection (3) .\nMaximum penalty—800 penalty units.\nA contract entered into by a society in contravention of this section may be enforced as if it were an approved financial contract entered into for a purpose mentioned in subsection (3) if another party to the contract entered into it in good faith and, when the other party entered into the contract, the other party did not suspect, and had no reason to suspect, the contravention.\nThe registrar may approve kinds of contracts under this section on terms the registrar considers appropriate.\ns 67 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2001 No. 45 s 29 sch 3 ; 2003 No. 19 s 3 sch\n(sec.67-ssec.1) In this section— approved financial contracts means— futures contracts relating to— securities issued or guaranteed by the Treasurer or the Government of the State or by the Commonwealth or another State; or bills of exchange payable within 200 days that have been accepted or endorsed by a bank prescribed under a regulation; but only if made, or dealt in, on a futures market or a futures exchange within the meaning of the Corporations Act ; or interest rate swap contracts, or forward interest rate contracts, to which a bank, or other body approved by the registrar for the purpose, is a party; or options relating to contracts mentioned in paragraph (a) or (b) ; or other contracts of a kind approved by the registrar under subsection (6) .\n(sec.67-ssec.2) Except as provided by this section, a society must not engage in transactions of the following kinds— transactions relating to financial or other futures; options in futures transactions; forward interest rate transactions; interest rate swap transactions; other financial transactions of a kind specified in a standard. Maximum penalty—800 penalty units.\n(sec.67-ssec.3) A society may enter into and deal in approved financial contracts only if it does so to reduce the risk of adverse variations— in the costs of raising funds by the society; or in the revenue obtainable by the society from investments made or financial accommodation provided by the society.\n(sec.67-ssec.4) A society must not contravene subsection (3) . Maximum penalty—800 penalty units.\n(sec.67-ssec.5) A contract entered into by a society in contravention of this section may be enforced as if it were an approved financial contract entered into for a purpose mentioned in subsection (3) if another party to the contract entered into it in good faith and, when the other party entered into the contract, the other party did not suspect, and had no reason to suspect, the contravention.\n(sec.67-ssec.6) The registrar may approve kinds of contracts under this section on terms the registrar considers appropriate.\n- (a) futures contracts relating to— (i) securities issued or guaranteed by the Treasurer or the Government of the State or by the Commonwealth or another State; or (ii) bills of exchange payable within 200 days that have been accepted or endorsed by a bank prescribed under a regulation;\n- (i) securities issued or guaranteed by the Treasurer or the Government of the State or by the Commonwealth or another State; or\n- (ii) bills of exchange payable within 200 days that have been accepted or endorsed by a bank prescribed under a regulation;\n- but only if made, or dealt in, on a futures market or a futures exchange within the meaning of the Corporations Act ; or\n- (b) interest rate swap contracts, or forward interest rate contracts, to which a bank, or other body approved by the registrar for the purpose, is a party; or\n- (c) options relating to contracts mentioned in paragraph (a) or (b) ; or\n- (d) other contracts of a kind approved by the registrar under subsection (6) .\n- (i) securities issued or guaranteed by the Treasurer or the Government of the State or by the Commonwealth or another State; or\n- (ii) bills of exchange payable within 200 days that have been accepted or endorsed by a bank prescribed under a regulation;\n- (a) transactions relating to financial or other futures;\n- (b) options in futures transactions;\n- (c) forward interest rate transactions;\n- (d) interest rate swap transactions;\n- (e) other financial transactions of a kind specified in a standard.\n- (a) in the costs of raising funds by the society; or\n- (b) in the revenue obtainable by the society from investments made or financial accommodation provided by the society.","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Control of foreign currency transactions","content":"### sec.68 Control of foreign currency transactions\n\nA society must not—\ninvest any of its funds in foreign currency; or\ncarry out any of its activities in foreign currency.\nMaximum penalty—800 penalty units.\n- (a) invest any of its funds in foreign currency; or\n- (b) carry out any of its activities in foreign currency.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Raising funds","content":"### sec.69 Raising funds\n\nA society may raise funds to carry out its objects.\nFunds may be raised from a financial institution or another entity (including a trustee).\nA society may raise funds whether the repayment of the funds is guaranteed by the Treasurer or not.\nHowever—\nif a society has raised funds the repayment of which is guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is not guaranteed; and\nif a society has raised funds the repayment of which is not guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is guaranteed.\nMaximum penalty for subsection (4) —800 penalty units.\n(sec.69-ssec.1) A society may raise funds to carry out its objects.\n(sec.69-ssec.2) Funds may be raised from a financial institution or another entity (including a trustee).\n(sec.69-ssec.3) A society may raise funds whether the repayment of the funds is guaranteed by the Treasurer or not.\n(sec.69-ssec.4) However— if a society has raised funds the repayment of which is guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is not guaranteed; and if a society has raised funds the repayment of which is not guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is guaranteed. Maximum penalty for subsection (4) —800 penalty units.\n- (a) if a society has raised funds the repayment of which is guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is not guaranteed; and\n- (b) if a society has raised funds the repayment of which is not guaranteed and the funds have not been repaid—the society must not raise further funds the repayment of which is guaranteed.","sortOrder":86},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Guarantees","content":"## Guarantees","sortOrder":87},{"sectionNumber":"sec.70","sectionType":"section","heading":"Treasurer’s guarantee","content":"### sec.70 Treasurer’s guarantee\n\nThe Treasurer may execute a guarantee in favour of a financial institution or another entity (including a trustee) (an approved entity ) for the repayment of funds raised by a society.\nThe Treasurer may charge the society a fee prescribed under a regulation for executing the guarantee.\n(sec.70-ssec.1) The Treasurer may execute a guarantee in favour of a financial institution or another entity (including a trustee) (an approved entity ) for the repayment of funds raised by a society.\n(sec.70-ssec.2) The Treasurer may charge the society a fee prescribed under a regulation for executing the guarantee.","sortOrder":88},{"sectionNumber":"sec.71","sectionType":"section","heading":"Provisions about guarantees","content":"### sec.71 Provisions about guarantees\n\nThe following provisions apply to a guarantee executed by the Treasurer—\nthe guarantee is subject to the terms prescribed under a regulation and to any other terms the Treasurer decides;\nthe guarantee may include either or both of the following—\nthe interest, charges and expenses chargeable by the approved entity against the principal debtor in the normal course of its business;\nthe expenses of enforcing, obtaining, or trying to enforce or obtain, payment of the debt guaranteed and the interest, charges and expenses;\nthe approved entity must obtain and take the security for the payment of the principal debt (including any interest, charges and expenses chargeable) that the Treasurer may require;\nthe guarantee is enforceable against the Treasurer or against the Consolidated Fund only if—\nthe approved entity has exhausted all other rights and remedies for the recovery of the amount secured by the guarantee; or\nthe approved entity becomes entitled to appoint a receiver for the society;\nan assignment of, or charge on, the rights conferred by the guarantee is effective against the Treasurer only if made with the Treasurer’s written consent;\nother provisions prescribed under a regulation.\nA liability arising under a guarantee is to be satisfied out of amounts appropriated by the Parliament.\n(sec.71-ssec.1) The following provisions apply to a guarantee executed by the Treasurer— the guarantee is subject to the terms prescribed under a regulation and to any other terms the Treasurer decides; the guarantee may include either or both of the following— the interest, charges and expenses chargeable by the approved entity against the principal debtor in the normal course of its business; the expenses of enforcing, obtaining, or trying to enforce or obtain, payment of the debt guaranteed and the interest, charges and expenses; the approved entity must obtain and take the security for the payment of the principal debt (including any interest, charges and expenses chargeable) that the Treasurer may require; the guarantee is enforceable against the Treasurer or against the Consolidated Fund only if— the approved entity has exhausted all other rights and remedies for the recovery of the amount secured by the guarantee; or the approved entity becomes entitled to appoint a receiver for the society; an assignment of, or charge on, the rights conferred by the guarantee is effective against the Treasurer only if made with the Treasurer’s written consent; other provisions prescribed under a regulation.\n(sec.71-ssec.2) A liability arising under a guarantee is to be satisfied out of amounts appropriated by the Parliament.\n- (a) the guarantee is subject to the terms prescribed under a regulation and to any other terms the Treasurer decides;\n- (b) the guarantee may include either or both of the following— (i) the interest, charges and expenses chargeable by the approved entity against the principal debtor in the normal course of its business; (ii) the expenses of enforcing, obtaining, or trying to enforce or obtain, payment of the debt guaranteed and the interest, charges and expenses;\n- (i) the interest, charges and expenses chargeable by the approved entity against the principal debtor in the normal course of its business;\n- (ii) the expenses of enforcing, obtaining, or trying to enforce or obtain, payment of the debt guaranteed and the interest, charges and expenses;\n- (c) the approved entity must obtain and take the security for the payment of the principal debt (including any interest, charges and expenses chargeable) that the Treasurer may require;\n- (d) the guarantee is enforceable against the Treasurer or against the Consolidated Fund only if— (i) the approved entity has exhausted all other rights and remedies for the recovery of the amount secured by the guarantee; or (ii) the approved entity becomes entitled to appoint a receiver for the society;\n- (i) the approved entity has exhausted all other rights and remedies for the recovery of the amount secured by the guarantee; or\n- (ii) the approved entity becomes entitled to appoint a receiver for the society;\n- (e) an assignment of, or charge on, the rights conferred by the guarantee is effective against the Treasurer only if made with the Treasurer’s written consent;\n- (f) other provisions prescribed under a regulation.\n- (i) the interest, charges and expenses chargeable by the approved entity against the principal debtor in the normal course of its business;\n- (ii) the expenses of enforcing, obtaining, or trying to enforce or obtain, payment of the debt guaranteed and the interest, charges and expenses;\n- (i) the approved entity has exhausted all other rights and remedies for the recovery of the amount secured by the guarantee; or\n- (ii) the approved entity becomes entitled to appoint a receiver for the society;","sortOrder":89},{"sectionNumber":"pt.6","sectionType":"part","heading":"Societies","content":"# Societies","sortOrder":90},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Formation and registration","content":"## Formation and registration","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"Formation of societies","content":"### sec.72 Formation of societies\n\nA body proposed to be a society may be formed by 5 or more adults.\nA proposed society may be formed only if there has been a meeting to form the society at which 5 or more adults were present.\nAt the formation meeting, there must be presented—\na written statement showing—\nthe objects of the society; and\nthe reasons for believing that—\nan application for registration of the society would be granted; and\nif registered, the society will be able to carry out its objects successfully; and\na copy of the society’s proposed rules.\nIf, at the formation meeting or a subsequent or adjourned meeting, 5 or more adults, after considering the statement and the rules, approve the rules (with or without amendment) and sign an application for membership, they may proceed to elect the first directors of the society under the rules as so approved.\nThe expenses of, and incidental to, the formation of the society may be paid out of the society’s capital or income.\n(sec.72-ssec.1) A body proposed to be a society may be formed by 5 or more adults.\n(sec.72-ssec.2) A proposed society may be formed only if there has been a meeting to form the society at which 5 or more adults were present.\n(sec.72-ssec.3) At the formation meeting, there must be presented— a written statement showing— the objects of the society; and the reasons for believing that— an application for registration of the society would be granted; and if registered, the society will be able to carry out its objects successfully; and a copy of the society’s proposed rules.\n(sec.72-ssec.4) If, at the formation meeting or a subsequent or adjourned meeting, 5 or more adults, after considering the statement and the rules, approve the rules (with or without amendment) and sign an application for membership, they may proceed to elect the first directors of the society under the rules as so approved.\n(sec.72-ssec.5) The expenses of, and incidental to, the formation of the society may be paid out of the society’s capital or income.\n- (a) a written statement showing— (i) the objects of the society; and (ii) the reasons for believing that— (A) an application for registration of the society would be granted; and (B) if registered, the society will be able to carry out its objects successfully; and\n- (i) the objects of the society; and\n- (ii) the reasons for believing that— (A) an application for registration of the society would be granted; and (B) if registered, the society will be able to carry out its objects successfully; and\n- (A) an application for registration of the society would be granted; and\n- (B) if registered, the society will be able to carry out its objects successfully; and\n- (b) a copy of the society’s proposed rules.\n- (i) the objects of the society; and\n- (ii) the reasons for believing that— (A) an application for registration of the society would be granted; and (B) if registered, the society will be able to carry out its objects successfully; and\n- (A) an application for registration of the society would be granted; and\n- (B) if registered, the society will be able to carry out its objects successfully; and\n- (A) an application for registration of the society would be granted; and\n- (B) if registered, the society will be able to carry out its objects successfully; and","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Registration","content":"### sec.73 Registration\n\nA proposed society formed under this part may apply to the registrar, under a regulation, to be registered under this Act as a society.\nAn application for registration must—\nbe made within 2 months after the formation meeting at which the first directors of the society were elected; and\nbe accompanied by—\na statutory declaration by the person presiding at the formation meeting and the secretary of the meeting, stating that the requirements of section 72 have been complied with; and\na copy of the statement presented to the meeting, signed by the person presiding and the secretary; and\n2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting; and\na list containing the full name, date and place of birth, residential address and business occupation of each director; and\na list containing the full name, address and occupation of each of 5 or more adults who attended the meeting and applied for membership; and\nsuch evidence as the registrar requires—\nthat the society is eligible for registration; and\nthat the society, if registered, will be able to comply with this Act and all relevant standards; and\nthat the society, if registered, will be able to carry out its objects successfully.\nThe registrar may, for this section, accept a statutory declaration as adequate evidence of matters mentioned in the declaration.\nIf the registrar is satisfied that the society is eligible for registration, the registrar must—\nregister the society as a cooperative housing society; and\nregister its proposed rules.\nA society is eligible for registration only if—\nthe society’s application for registration complies with this Act; and\nthe proposed rules of the society are not contrary to this Act; and\nthere are reasonable grounds for believing the society will, if registered—\nbe able to comply with all relevant standards; and\nbe able to carry out its objects successfully; and\nthere is no good reason why the society and its rules should not be registered.\ns 73 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.73-ssec.1) A proposed society formed under this part may apply to the registrar, under a regulation, to be registered under this Act as a society.\n(sec.73-ssec.2) An application for registration must— be made within 2 months after the formation meeting at which the first directors of the society were elected; and be accompanied by— a statutory declaration by the person presiding at the formation meeting and the secretary of the meeting, stating that the requirements of section 72 have been complied with; and a copy of the statement presented to the meeting, signed by the person presiding and the secretary; and 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting; and a list containing the full name, date and place of birth, residential address and business occupation of each director; and a list containing the full name, address and occupation of each of 5 or more adults who attended the meeting and applied for membership; and such evidence as the registrar requires— that the society is eligible for registration; and that the society, if registered, will be able to comply with this Act and all relevant standards; and that the society, if registered, will be able to carry out its objects successfully.\n(sec.73-ssec.3) The registrar may, for this section, accept a statutory declaration as adequate evidence of matters mentioned in the declaration.\n(sec.73-ssec.4) If the registrar is satisfied that the society is eligible for registration, the registrar must— register the society as a cooperative housing society; and register its proposed rules.\n(sec.73-ssec.5) A society is eligible for registration only if— the society’s application for registration complies with this Act; and the proposed rules of the society are not contrary to this Act; and there are reasonable grounds for believing the society will, if registered— be able to comply with all relevant standards; and be able to carry out its objects successfully; and there is no good reason why the society and its rules should not be registered.\n- (a) be made within 2 months after the formation meeting at which the first directors of the society were elected; and\n- (b) be accompanied by— (i) a statutory declaration by the person presiding at the formation meeting and the secretary of the meeting, stating that the requirements of section 72 have been complied with; and (ii) a copy of the statement presented to the meeting, signed by the person presiding and the secretary; and (iii) 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting; and (iv) a list containing the full name, date and place of birth, residential address and business occupation of each director; and (v) a list containing the full name, address and occupation of each of 5 or more adults who attended the meeting and applied for membership; and (vi) such evidence as the registrar requires— (A) that the society is eligible for registration; and (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and (C) that the society, if registered, will be able to carry out its objects successfully.\n- (i) a statutory declaration by the person presiding at the formation meeting and the secretary of the meeting, stating that the requirements of section 72 have been complied with; and\n- (ii) a copy of the statement presented to the meeting, signed by the person presiding and the secretary; and\n- (iii) 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting; and\n- (iv) a list containing the full name, date and place of birth, residential address and business occupation of each director; and\n- (v) a list containing the full name, address and occupation of each of 5 or more adults who attended the meeting and applied for membership; and\n- (vi) such evidence as the registrar requires— (A) that the society is eligible for registration; and (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and (C) that the society, if registered, will be able to carry out its objects successfully.\n- (A) that the society is eligible for registration; and\n- (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and\n- (C) that the society, if registered, will be able to carry out its objects successfully.\n- (i) a statutory declaration by the person presiding at the formation meeting and the secretary of the meeting, stating that the requirements of section 72 have been complied with; and\n- (ii) a copy of the statement presented to the meeting, signed by the person presiding and the secretary; and\n- (iii) 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting; and\n- (iv) a list containing the full name, date and place of birth, residential address and business occupation of each director; and\n- (v) a list containing the full name, address and occupation of each of 5 or more adults who attended the meeting and applied for membership; and\n- (vi) such evidence as the registrar requires— (A) that the society is eligible for registration; and (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and (C) that the society, if registered, will be able to carry out its objects successfully.\n- (A) that the society is eligible for registration; and\n- (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and\n- (C) that the society, if registered, will be able to carry out its objects successfully.\n- (A) that the society is eligible for registration; and\n- (B) that the society, if registered, will be able to comply with this Act and all relevant standards; and\n- (C) that the society, if registered, will be able to carry out its objects successfully.\n- (a) register the society as a cooperative housing society; and\n- (b) register its proposed rules.\n- (a) the society’s application for registration complies with this Act; and\n- (b) the proposed rules of the society are not contrary to this Act; and\n- (c) there are reasonable grounds for believing the society will, if registered— (i) be able to comply with all relevant standards; and (ii) be able to carry out its objects successfully; and\n- (i) be able to comply with all relevant standards; and\n- (ii) be able to carry out its objects successfully; and\n- (d) there is no good reason why the society and its rules should not be registered.\n- (i) be able to comply with all relevant standards; and\n- (ii) be able to carry out its objects successfully; and","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Certificate of incorporation","content":"### sec.74 Certificate of incorporation\n\nOn registering a society, the registrar must issue a certificate of incorporation to the society.\nThe certificate of incorporation is evidence that all requirements of this Act about registration and matters precedent or incidental to registration have been complied with.\ns 74 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.74-ssec.1) On registering a society, the registrar must issue a certificate of incorporation to the society.\n(sec.74-ssec.2) The certificate of incorporation is evidence that all requirements of this Act about registration and matters precedent or incidental to registration have been complied with.","sortOrder":94},{"sectionNumber":"sec.75","sectionType":"section","heading":"Effect of incorporation","content":"### sec.75 Effect of incorporation\n\nOn the issue of a certificate of incorporation to a society, the society is a corporation with perpetual succession and—\nhas, subject to this Act and the society’s rules, the legal capacity of a natural person; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n- (a) has, subject to this Act and the society’s rules, the legal capacity of a natural person; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":95},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Rules","content":"## Rules","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Rules","content":"### sec.76 Rules\n\nA society’s rules must provide for the matters stated in a standard made for this subsection.\nA society’s rules may also provide for any matter that is necessary, expedient or desirable for the society’s purposes.\nIf there is an inconsistency between a society’s rule and this Act or a standard, this Act or the standard prevails and the rule is invalid to the extent of the inconsistency.\n(sec.76-ssec.1) A society’s rules must provide for the matters stated in a standard made for this subsection.\n(sec.76-ssec.2) A society’s rules may also provide for any matter that is necessary, expedient or desirable for the society’s purposes.\n(sec.76-ssec.3) If there is an inconsistency between a society’s rule and this Act or a standard, this Act or the standard prevails and the rule is invalid to the extent of the inconsistency.","sortOrder":97},{"sectionNumber":"sec.77","sectionType":"section","heading":"Copies of rules","content":"### sec.77 Copies of rules\n\nA society must give a copy of its rules to a member or proposed member who asks for a copy and has paid the fee (if any) payable under subsection (2) to the society.\nMaximum penalty—10 penalty units.\nA society may charge a fee for supplying the copy but only if the fee has been approved by its board.\n(sec.77-ssec.1) A society must give a copy of its rules to a member or proposed member who asks for a copy and has paid the fee (if any) payable under subsection (2) to the society. Maximum penalty—10 penalty units.\n(sec.77-ssec.2) A society may charge a fee for supplying the copy but only if the fee has been approved by its board.","sortOrder":98},{"sectionNumber":"sec.78","sectionType":"section","heading":"Society and members to be bound by rules","content":"### sec.78 Society and members to be bound by rules\n\nA society’s rules bind the society, all its members, and all persons claiming through the society or a member, to the same extent as if—\neach member had subscribed his or her name and attached his or her seal to the rules; and\nthere were contained in the rules a covenant on the part of each member and the member’s legal representative to observe all the rules subject to this Act and the standards.\n- (a) each member had subscribed his or her name and attached his or her seal to the rules; and\n- (b) there were contained in the rules a covenant on the part of each member and the member’s legal representative to observe all the rules subject to this Act and the standards.","sortOrder":99},{"sectionNumber":"sec.79","sectionType":"section","heading":"Alteration of rules by special resolution","content":"### sec.79 Alteration of rules by special resolution\n\nA society’s rules may be altered only if the alteration has been approved by special resolution of the members.\nSubsection (1) applies subject to sections 80 , 82 and 83 .\n(sec.79-ssec.1) A society’s rules may be altered only if the alteration has been approved by special resolution of the members.\n(sec.79-ssec.2) Subsection (1) applies subject to sections 80 , 82 and 83 .","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Alteration of rules by board of directors","content":"### sec.80 Alteration of rules by board of directors\n\nA society’s rules may be altered by a resolution of its board if the alteration—\nis required under this Act; or\nis to give effect to a standard.\nThe society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting.\nMaximum penalty—10 penalty units.\nThe notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\ns 80 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.80-ssec.1) A society’s rules may be altered by a resolution of its board if the alteration— is required under this Act; or is to give effect to a standard.\n(sec.80-ssec.2) The society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting. Maximum penalty—10 penalty units.\n(sec.80-ssec.3) The notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\n- (a) is required under this Act; or\n- (b) is to give effect to a standard.","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Registration of alteration of rules","content":"### sec.81 Registration of alteration of rules\n\nThe registrar must register an alteration of a society’s rules if the registrar is satisfied—\nthe alteration is not contrary to this Act or the standards; and\nthere is no good reason why the alteration should not be registered.\nThe alteration takes effect when it is registered.\nThe society’s rules must be read subject to any registered alteration.\ns 81 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.81-ssec.1) The registrar must register an alteration of a society’s rules if the registrar is satisfied— the alteration is not contrary to this Act or the standards; and there is no good reason why the alteration should not be registered.\n(sec.81-ssec.2) The alteration takes effect when it is registered.\n(sec.81-ssec.3) The society’s rules must be read subject to any registered alteration.\n- (a) the alteration is not contrary to this Act or the standards; and\n- (b) there is no good reason why the alteration should not be registered.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":"Power of the registrar to require changes of rules","content":"### sec.82 Power of the registrar to require changes of rules\n\nThis section applies if the registrar considers that a society’s rules should be altered—\nto comply with this Act; or\nto give effect to a standard; or\nin the interests of the society’s members; or\nin the public interest.\nThe registrar may, by written notice given to the society, require it, within a reasonable period stated in the notice, to alter its rules in a way stated in the notice or otherwise in a way approved by the registrar.\nIf the society fails to alter its rules as required by the notice, the registrar may alter its rules by notation on the registered copy of the rules.\nThe registrar must immediately give written notice to a society of—\nan alteration of its rules made under this section; and\nthe day on which the alteration starts.\nThe society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting.\nMaximum penalty—80 penalty units.\nThe notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\ns 82 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.82-ssec.1) This section applies if the registrar considers that a society’s rules should be altered— to comply with this Act; or to give effect to a standard; or in the interests of the society’s members; or in the public interest.\n(sec.82-ssec.2) The registrar may, by written notice given to the society, require it, within a reasonable period stated in the notice, to alter its rules in a way stated in the notice or otherwise in a way approved by the registrar.\n(sec.82-ssec.3) If the society fails to alter its rules as required by the notice, the registrar may alter its rules by notation on the registered copy of the rules.\n(sec.82-ssec.4) The registrar must immediately give written notice to a society of— an alteration of its rules made under this section; and the day on which the alteration starts.\n(sec.82-ssec.5) The society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting. Maximum penalty—80 penalty units.\n(sec.82-ssec.6) The notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\n- (a) to comply with this Act; or\n- (b) to give effect to a standard; or\n- (c) in the interests of the society’s members; or\n- (d) in the public interest.\n- (a) an alteration of its rules made under this section; and\n- (b) the day on which the alteration starts.","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Power of the registrar to change rules to facilitate transfer of engagements","content":"### sec.83 Power of the registrar to change rules to facilitate transfer of engagements\n\nIf the registrar has directed a transfer of engagements under part 9 , the registrar may alter the rules of the transferee society to the extent necessary to ensure the rules are appropriate.\nThe registrar must alter the rules by notation on the registered copy.\nThe registrar must immediately give written notice to a society of—\nan alteration of its rules made under this section; and\nthe day on which the alteration starts.\nThe society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting.\nThe notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\ns 83 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.83-ssec.1) If the registrar has directed a transfer of engagements under part 9 , the registrar may alter the rules of the transferee society to the extent necessary to ensure the rules are appropriate.\n(sec.83-ssec.2) The registrar must alter the rules by notation on the registered copy.\n(sec.83-ssec.3) The registrar must immediately give written notice to a society of— an alteration of its rules made under this section; and the day on which the alteration starts.\n(sec.83-ssec.4) The society must give written notice of the alteration to its members not later than the day on which notice is given of the society’s next general meeting.\n(sec.83-ssec.5) The notice may, with the written approval of the registrar, be given by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\n- (a) an alteration of its rules made under this section; and\n- (b) the day on which the alteration starts.","sortOrder":104},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Members","content":"### sec.84 Members\n\nThe members of a society are—\nthe persons who sign the application for membership on the formation of the society; and\nthe other persons who are admitted to membership under the society’s rules.\nThe members of a merged society are the persons who, on the day of the merger, are members of a society that is a party to the merger, and the other persons who are admitted to membership under the merged society’s rules.\nThe members of a society to which another society has transferred its engagements include the persons who, immediately before the transfer took effect, were members of the transferor society.\nA person may exercise the rights of membership of a society only if the person has complied with the requirements for membership under the society’s rules, including, for example, the payment of an amount.\n(sec.84-ssec.1) The members of a society are— the persons who sign the application for membership on the formation of the society; and the other persons who are admitted to membership under the society’s rules.\n(sec.84-ssec.2) The members of a merged society are the persons who, on the day of the merger, are members of a society that is a party to the merger, and the other persons who are admitted to membership under the merged society’s rules.\n(sec.84-ssec.3) The members of a society to which another society has transferred its engagements include the persons who, immediately before the transfer took effect, were members of the transferor society.\n(sec.84-ssec.4) A person may exercise the rights of membership of a society only if the person has complied with the requirements for membership under the society’s rules, including, for example, the payment of an amount.\n- (a) the persons who sign the application for membership on the formation of the society; and\n- (b) the other persons who are admitted to membership under the society’s rules.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Members who are minors","content":"### sec.85 Members who are minors\n\nSubject to a society’s rules, a minor may be a member.\nA member of a society who is a minor cannot hold office in a society and cannot vote at a meeting of the society.\nA member of a society is not entitled, because of the member’s minority or former minority, to avoid the member’s obligations or liabilities—\nas a member; or\nunder a deed, mortgage, bill, lien, charge, contract, instrument or other document entered into by the member as a member.\n(sec.85-ssec.1) Subject to a society’s rules, a minor may be a member.\n(sec.85-ssec.2) A member of a society who is a minor cannot hold office in a society and cannot vote at a meeting of the society.\n(sec.85-ssec.3) A member of a society is not entitled, because of the member’s minority or former minority, to avoid the member’s obligations or liabilities— as a member; or under a deed, mortgage, bill, lien, charge, contract, instrument or other document entered into by the member as a member.\n- (a) as a member; or\n- (b) under a deed, mortgage, bill, lien, charge, contract, instrument or other document entered into by the member as a member.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Joint members","content":"### sec.86 Joint members\n\nMembership in a society may be joint if the society’s rules provide for it.\nIf membership is joint, the following provisions apply—\nthe register of members must indicate that a person is a joint member;\nthe joint members may choose the order in which they are named in the register of members but, if they do not choose, the society may enter the names in the order it considers appropriate;\nthe joint member who is named first in the society’s register of members is the primary joint member;\nsubject to the society’s rules, but without affecting the right of a member to obtain a copy of the balance sheet from the society on demand, a notice or other document may be given or sent to the primary joint member;\nmembership is taken to be solely that of the primary joint member to determine—\nwho is qualified to vote on a resolution at a meeting of the society; and\nthe number or proportion of members required to give effect to a provision of this Act or the society’s rules.\n(sec.86-ssec.1) Membership in a society may be joint if the society’s rules provide for it.\n(sec.86-ssec.2) If membership is joint, the following provisions apply— the register of members must indicate that a person is a joint member; the joint members may choose the order in which they are named in the register of members but, if they do not choose, the society may enter the names in the order it considers appropriate; the joint member who is named first in the society’s register of members is the primary joint member; subject to the society’s rules, but without affecting the right of a member to obtain a copy of the balance sheet from the society on demand, a notice or other document may be given or sent to the primary joint member; membership is taken to be solely that of the primary joint member to determine— who is qualified to vote on a resolution at a meeting of the society; and the number or proportion of members required to give effect to a provision of this Act or the society’s rules.\n- (a) the register of members must indicate that a person is a joint member;\n- (b) the joint members may choose the order in which they are named in the register of members but, if they do not choose, the society may enter the names in the order it considers appropriate;\n- (c) the joint member who is named first in the society’s register of members is the primary joint member;\n- (d) subject to the society’s rules, but without affecting the right of a member to obtain a copy of the balance sheet from the society on demand, a notice or other document may be given or sent to the primary joint member;\n- (e) membership is taken to be solely that of the primary joint member to determine— (i) who is qualified to vote on a resolution at a meeting of the society; and (ii) the number or proportion of members required to give effect to a provision of this Act or the society’s rules.\n- (i) who is qualified to vote on a resolution at a meeting of the society; and\n- (ii) the number or proportion of members required to give effect to a provision of this Act or the society’s rules.\n- (i) who is qualified to vote on a resolution at a meeting of the society; and\n- (ii) the number or proportion of members required to give effect to a provision of this Act or the society’s rules.","sortOrder":108},{"sectionNumber":"sec.87","sectionType":"section","heading":"Cessation of membership","content":"### sec.87 Cessation of membership\n\nA person ceases to be a member of a society as provided by the society’s rules.\nIf a member of a society dies, the member’s estate remains liable to pay an amount due by the member to the society under the society’s rules.\n(sec.87-ssec.1) A person ceases to be a member of a society as provided by the society’s rules.\n(sec.87-ssec.2) If a member of a society dies, the member’s estate remains liable to pay an amount due by the member to the society under the society’s rules.","sortOrder":109},{"sectionNumber":"sec.88","sectionType":"section","heading":"Expulsion of member","content":"### sec.88 Expulsion of member\n\nA member of a society may be expelled, or have the member’s membership rescinded, under the society’s rules.","sortOrder":110},{"sectionNumber":"sec.89","sectionType":"section","heading":"Liability of members","content":"### sec.89 Liability of members\n\nA member of a society is not liable, because of the membership, to contribute towards the payment of the debts and liabilities of the society or the costs, charges and expenses of a winding-up of the society.","sortOrder":111},{"sectionNumber":"sec.90","sectionType":"section","heading":"Financial accommodation to, and deposits from, members and others","content":"### sec.90 Financial accommodation to, and deposits from, members and others\n\nA society may provide financial accommodation only to its members.\nA society must not provide financial accommodation to a person who is not a member of the society.\nMaximum penalty—10 penalty units.\nA member of a society who wishes to obtain financial accommodation must apply to the society in the way approved by the society.\nIn providing financial accommodation to a member, a society may make a loan to a member only—\non condition that the member makes repayments of principal and interest calculated on the outstanding loan balance; or\nin a way mentioned in the relevant standard; or\nin another way prescribed under a regulation.\nMaximum penalty—40 penalty units.\nA society must not accept a deposit of money from any person.\nMaximum penalty for subsection (5) —80 penalty units.\n(sec.90-ssec.1) A society may provide financial accommodation only to its members.\n(sec.90-ssec.2) A society must not provide financial accommodation to a person who is not a member of the society. Maximum penalty—10 penalty units.\n(sec.90-ssec.3) A member of a society who wishes to obtain financial accommodation must apply to the society in the way approved by the society.\n(sec.90-ssec.4) In providing financial accommodation to a member, a society may make a loan to a member only— on condition that the member makes repayments of principal and interest calculated on the outstanding loan balance; or in a way mentioned in the relevant standard; or in another way prescribed under a regulation. Maximum penalty—40 penalty units.\n(sec.90-ssec.5) A society must not accept a deposit of money from any person. Maximum penalty for subsection (5) —80 penalty units.\n- (a) on condition that the member makes repayments of principal and interest calculated on the outstanding loan balance; or\n- (b) in a way mentioned in the relevant standard; or\n- (c) in another way prescribed under a regulation.","sortOrder":112},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Name and office","content":"## Name and office","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Name","content":"### sec.91 Name\n\nThe registered name of a society is its name as stated in the society’s rules for the time being registered under this Act.\nThe registrar must not register proposed rules, or an alteration of the rules of a society affecting the society’s name, if the registrar is satisfied that the proposed name—\nis undesirable; or\nis likely to be confused with the name of a corporation or a registered business name.\nIf the registrar registers an alteration of a society’s rules changing the society’s name, the registrar may, on application by the society, amend its certificate of incorporation or issue a new certificate.\nA society must publish a change of its name as directed by the registrar.\nMaximum penalty—10 penalty units.\nA society must not use a name other than its registered name.\nMaximum penalty—80 penalty units.\ns 91 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.91-ssec.1) The registered name of a society is its name as stated in the society’s rules for the time being registered under this Act.\n(sec.91-ssec.2) The registrar must not register proposed rules, or an alteration of the rules of a society affecting the society’s name, if the registrar is satisfied that the proposed name— is undesirable; or is likely to be confused with the name of a corporation or a registered business name.\n(sec.91-ssec.3) If the registrar registers an alteration of a society’s rules changing the society’s name, the registrar may, on application by the society, amend its certificate of incorporation or issue a new certificate.\n(sec.91-ssec.4) A society must publish a change of its name as directed by the registrar. Maximum penalty—10 penalty units.\n(sec.91-ssec.5) A society must not use a name other than its registered name. Maximum penalty—80 penalty units.\n- (a) is undesirable; or\n- (b) is likely to be confused with the name of a corporation or a registered business name.","sortOrder":114},{"sectionNumber":"sec.92","sectionType":"section","heading":"Society must have certain words as part of name","content":"### sec.92 Society must have certain words as part of name\n\nA society’s registered name must include the word ‘Limited’ at the end of its name.\nA society’s registered name must also include the words ‘Cooperative Housing Society’ as part of its name.\nA description of a society is not inadequate or incorrect merely because the society’s registered name is given using—\nthe abbreviation ‘Co-op’ for the word ‘Cooperative’; or\nthe abbreviation ‘Ltd’ for the word ‘Limited’; or\nthe abbreviation ‘No.’ for the word ‘Number’; or\nthe symbol ‘&’ for the word ‘and’.\n(sec.92-ssec.1) A society’s registered name must include the word ‘Limited’ at the end of its name.\n(sec.92-ssec.2) A society’s registered name must also include the words ‘Cooperative Housing Society’ as part of its name.\n(sec.92-ssec.3) A description of a society is not inadequate or incorrect merely because the society’s registered name is given using— the abbreviation ‘Co-op’ for the word ‘Cooperative’; or the abbreviation ‘Ltd’ for the word ‘Limited’; or the abbreviation ‘No.’ for the word ‘Number’; or the symbol ‘&’ for the word ‘and’.\n- (a) the abbreviation ‘Co-op’ for the word ‘Cooperative’; or\n- (b) the abbreviation ‘Ltd’ for the word ‘Limited’; or\n- (c) the abbreviation ‘No.’ for the word ‘Number’; or\n- (d) the symbol ‘&’ for the word ‘and’.","sortOrder":115},{"sectionNumber":"sec.93","sectionType":"section","heading":"Change of name does not affect identity","content":"### sec.93 Change of name does not affect identity\n\nA change of name of a society does not—\naffect the society’s identity; or\naffect a right or obligation of the society or of a member or other person; or\nmake defective legal proceedings by or against the society.\nA legal proceeding that might have been continued or started by or against the society under its former name may be continued or started by or against it under its new name.\n(sec.93-ssec.1) A change of name of a society does not— affect the society’s identity; or affect a right or obligation of the society or of a member or other person; or make defective legal proceedings by or against the society.\n(sec.93-ssec.2) A legal proceeding that might have been continued or started by or against the society under its former name may be continued or started by or against it under its new name.\n- (a) affect the society’s identity; or\n- (b) affect a right or obligation of the society or of a member or other person; or\n- (c) make defective legal proceedings by or against the society.","sortOrder":116},{"sectionNumber":"sec.94","sectionType":"section","heading":"The registrar may direct change of name","content":"### sec.94 The registrar may direct change of name\n\nThe registrar may direct a society to change its name if, through inadvertence or otherwise, the society is registered by a name that the registrar is satisfied is likely to be confused with the name of another corporation or a registered business name.\ns 94 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":117},{"sectionNumber":"sec.95","sectionType":"section","heading":"Publication of name","content":"### sec.95 Publication of name\n\nA society must ensure its registered name appears in legible letters on—\nall business letters, notices, advertisements and other publications of the society; and\nall bills of exchange, cheques, promissory notes, endorsements, orders for money or goods, invoices, receipts and other documents required in the society’s business.\nMaximum penalty—80 penalty units.\nA society must ensure its registered name and the words ‘registered office’ are displayed in a conspicuous place and in legible letters, on the outside of its registered office.\nMaximum penalty—80 penalty units.\nA society must ensure its registered name is displayed in a conspicuous place and in legible letters on the outside of every other office or place in which its business is carried on.\nMaximum penalty for subsection (3) —80 penalty units.\n(sec.95-ssec.1) A society must ensure its registered name appears in legible letters on— all business letters, notices, advertisements and other publications of the society; and all bills of exchange, cheques, promissory notes, endorsements, orders for money or goods, invoices, receipts and other documents required in the society’s business. Maximum penalty—80 penalty units.\n(sec.95-ssec.2) A society must ensure its registered name and the words ‘registered office’ are displayed in a conspicuous place and in legible letters, on the outside of its registered office. Maximum penalty—80 penalty units.\n(sec.95-ssec.3) A society must ensure its registered name is displayed in a conspicuous place and in legible letters on the outside of every other office or place in which its business is carried on. Maximum penalty for subsection (3) —80 penalty units.\n- (a) all business letters, notices, advertisements and other publications of the society; and\n- (b) all bills of exchange, cheques, promissory notes, endorsements, orders for money or goods, invoices, receipts and other documents required in the society’s business.","sortOrder":118},{"sectionNumber":"sec.96","sectionType":"section","heading":"Seal","content":"### sec.96 Seal\n\nA society must ensure its registered name appears in legible letters on its seal.\nMaximum penalty—80 penalty units.\nAn officer of a society, or a person acting on its behalf, must not use a seal, purporting to be the society’s seal, on which its registered name does not appear in legible letters.\nMaximum penalty for subsection (2) —80 penalty units.\n(sec.96-ssec.1) A society must ensure its registered name appears in legible letters on its seal. Maximum penalty—80 penalty units.\n(sec.96-ssec.2) An officer of a society, or a person acting on its behalf, must not use a seal, purporting to be the society’s seal, on which its registered name does not appear in legible letters. Maximum penalty for subsection (2) —80 penalty units.","sortOrder":119},{"sectionNumber":"sec.97","sectionType":"section","heading":"Registered office","content":"### sec.97 Registered office\n\nA society must have a registered office.\nThe first registered office of a society is the address appearing in the society’s rules at the time of registration.\nA society must give the registrar written notice of a proposed change of address.\nMaximum penalty—10 penalty units.\nThe new address becomes the society’s registered office—\nat the end of the day the change of address is registered by the registrar; or\nif a later day is specified in the notice—the later day.\ns 97 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.97-ssec.1) A society must have a registered office.\n(sec.97-ssec.2) The first registered office of a society is the address appearing in the society’s rules at the time of registration.\n(sec.97-ssec.3) A society must give the registrar written notice of a proposed change of address. Maximum penalty—10 penalty units.\n(sec.97-ssec.4) The new address becomes the society’s registered office— at the end of the day the change of address is registered by the registrar; or if a later day is specified in the notice—the later day.\n- (a) at the end of the day the change of address is registered by the registrar; or\n- (b) if a later day is specified in the notice—the later day.","sortOrder":120},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Application of Corporations legislation","content":"## Application of Corporations legislation","sortOrder":121},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Definitions for div 5","content":"### sec.97A Definitions for div 5\n\nIn this division—\nPart 5.1 body see the Corporations Act , section 9 .\nPart 5.7 body see the Corporations Act , section 9 .\nregistered Australian body see the Corporations Act , section 9 .\ns 97A ins 2001 No. 45 s 29 sch 3","sortOrder":122},{"sectionNumber":"sec.97B","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.97B Excluded matter for Corporations legislation\n\nA society is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the Corporations legislation other than the Corporations Act , parts 5B .1 and 5B.2.\nSubsection (1) does not apply to a society that is a registered Australian body, Part 5.1 body or Part 5.7 body.\ns 97B ins 2001 No. 45 s 29 sch 3\n(sec.97B-ssec.1) A society is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the Corporations legislation other than the Corporations Act , parts 5B .1 and 5B.2.\n(sec.97B-ssec.2) Subsection (1) does not apply to a society that is a registered Australian body, Part 5.1 body or Part 5.7 body.","sortOrder":123},{"sectionNumber":"sec.97C","sectionType":"section","heading":"Application of Corporations legislation in relation to certain matters","content":"### sec.97C Application of Corporations legislation in relation to certain matters\n\nThis section applies in relation to the following provisions of the Corporations Act (the applied provisions )—\npart 5.2\npart 5.3 A\npart 5.4\npart 5.4 A\npart 5.4 B\npart 5.5\npart 5.6\nsection 1279 (1) (b) and (c) and (2)\nsection 1282 (3) , (5) , (6) , (9) , (10) and (11)\nsection 1284\npart 9.7 .\nA society, other than a society that is a registered Australian body, is declared to be an applied Corporations legislation matter for the Corporations (Ancillary Provisions) Act 2001 , part 3 , in relation to the applied provisions.\nA society that is a registered Australian body is declared to be an applied Corporations legislation matter for the Corporations (Ancillary Provisions) Act 2001 , part 3 , in relation to the applied provisions other than part 5.2 .\nSubsections (2) and (3) apply subject to the following changes to the applied provisions—\na reference to a company or corporation is to be read as a reference to a society;\na reference to ASIC is to be read as a reference to the registrar;\na reference to a special resolution is to be read as a reference to a special resolution under this Act;\na reference to a chapter is to be read as a reference to the applied provisions in the chapter;\na reference in part 5.4 , 5 .4A, 5.4B, 5.5 or 5.6 to a voluntary winding up is taken to include a winding up on a certificate of the registrar;\nthe applied provisions are taken to be changed—\nin the ways specified in schedule 1 ; and\nin the other ways applying under the Corporations (Ancillary Provisions) Act 2001 , part 3 .\ns 97C ins 2001 No. 45 s 29 sch 3\namd 2010 No. 44 s 230\n(sec.97C-ssec.1) This section applies in relation to the following provisions of the Corporations Act (the applied provisions )— part 5.2 part 5.3 A part 5.4 part 5.4 A part 5.4 B part 5.5 part 5.6 section 1279 (1) (b) and (c) and (2) section 1282 (3) , (5) , (6) , (9) , (10) and (11) section 1284 part 9.7 .\n(sec.97C-ssec.2) A society, other than a society that is a registered Australian body, is declared to be an applied Corporations legislation matter for the Corporations (Ancillary Provisions) Act 2001 , part 3 , in relation to the applied provisions.\n(sec.97C-ssec.3) A society that is a registered Australian body is declared to be an applied Corporations legislation matter for the Corporations (Ancillary Provisions) Act 2001 , part 3 , in relation to the applied provisions other than part 5.2 .\n(sec.97C-ssec.4) Subsections (2) and (3) apply subject to the following changes to the applied provisions— a reference to a company or corporation is to be read as a reference to a society; a reference to ASIC is to be read as a reference to the registrar; a reference to a special resolution is to be read as a reference to a special resolution under this Act; a reference to a chapter is to be read as a reference to the applied provisions in the chapter; a reference in part 5.4 , 5 .4A, 5.4B, 5.5 or 5.6 to a voluntary winding up is taken to include a winding up on a certificate of the registrar; the applied provisions are taken to be changed— in the ways specified in schedule 1 ; and in the other ways applying under the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n- • part 5.2\n- • part 5.3 A\n- • part 5.4\n- • part 5.4 A\n- • part 5.4 B\n- • part 5.5\n- • part 5.6\n- • section 1279 (1) (b) and (c) and (2)\n- • section 1282 (3) , (5) , (6) , (9) , (10) and (11)\n- • section 1284\n- • part 9.7 .\n- (a) a reference to a company or corporation is to be read as a reference to a society;\n- (b) a reference to ASIC is to be read as a reference to the registrar;\n- (c) a reference to a special resolution is to be read as a reference to a special resolution under this Act;\n- (d) a reference to a chapter is to be read as a reference to the applied provisions in the chapter;\n- (e) a reference in part 5.4 , 5 .4A, 5.4B, 5.5 or 5.6 to a voluntary winding up is taken to include a winding up on a certificate of the registrar;\n- (f) the applied provisions are taken to be changed— (i) in the ways specified in schedule 1 ; and (ii) in the other ways applying under the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n- (i) in the ways specified in schedule 1 ; and\n- (ii) in the other ways applying under the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n- (i) in the ways specified in schedule 1 ; and\n- (ii) in the other ways applying under the Corporations (Ancillary Provisions) Act 2001 , part 3 .","sortOrder":124},{"sectionNumber":"pt.7","sectionType":"part","heading":"Management","content":"# Management","sortOrder":125},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Directors and officers","content":"## Directors and officers","sortOrder":126},{"sectionNumber":"sec.98","sectionType":"section","heading":"Definition of employee for division","content":"### sec.98 Definition of employee for division\n\nIn this division—\nemployee of a society, includes a person, or an employee of a person, who provides the society with services under a management contract.","sortOrder":127},{"sectionNumber":"sec.99","sectionType":"section","heading":"Board of directors","content":"### sec.99 Board of directors\n\nThe business and operations of a society are to be managed and controlled by a board of directors, the majority of whom must be resident in the State.\nThe board may exercise all the powers of the society.\nHowever, the board’s powers are subject to the restrictions imposed by this Act, relevant standards and the society’s rules.\nEvery director acting in the society’s business or operations under a resolution duly passed by the board is taken to be acting as the society’s duly authorised agent.\nAnything done by or in relation to a director is not invalid merely because of a defect or irregularity in the director’s election or appointment.\n(sec.99-ssec.1) The business and operations of a society are to be managed and controlled by a board of directors, the majority of whom must be resident in the State.\n(sec.99-ssec.2) The board may exercise all the powers of the society.\n(sec.99-ssec.3) However, the board’s powers are subject to the restrictions imposed by this Act, relevant standards and the society’s rules.\n(sec.99-ssec.4) Every director acting in the society’s business or operations under a resolution duly passed by the board is taken to be acting as the society’s duly authorised agent.\n(sec.99-ssec.5) Anything done by or in relation to a director is not invalid merely because of a defect or irregularity in the director’s election or appointment.","sortOrder":128},{"sectionNumber":"sec.100","sectionType":"section","heading":"Meetings","content":"### sec.100 Meetings\n\nMeetings of a society’s board must be held as often as is necessary for properly conducting the society’s business.\nMeetings of the board must be held at intervals of not longer than 3 months.\nA quorum at a meeting of the board is the number of directors prescribed by the society’s rules, but must not be less than half the total number of directors.\nA meeting of the board may be conducted in the way prescribed by the society’s rules.\n(sec.100-ssec.1) Meetings of a society’s board must be held as often as is necessary for properly conducting the society’s business.\n(sec.100-ssec.2) Meetings of the board must be held at intervals of not longer than 3 months.\n(sec.100-ssec.3) A quorum at a meeting of the board is the number of directors prescribed by the society’s rules, but must not be less than half the total number of directors.\n(sec.100-ssec.4) A meeting of the board may be conducted in the way prescribed by the society’s rules.","sortOrder":129},{"sectionNumber":"sec.101","sectionType":"section","heading":"Number of directors","content":"### sec.101 Number of directors\n\nThe number of directors of a society must not be less than 5.","sortOrder":130},{"sectionNumber":"sec.102","sectionType":"section","heading":"Election or appointment of directors","content":"### sec.102 Election or appointment of directors\n\nSubject to this Act, the directors of a society are elected or appointed, hold and vacate office, and retire or are removed from office, as prescribed by the society’s rules.\nA director holds office for a term (not longer than 3 years) prescribed by the society’s rules.\nDespite subsection (2) , for a director elected at an annual general meeting of a society, the society’s rules may specify a term of office ending at the end of the third annual general meeting of the society happening after the election.\nA director is eligible for re-election or reappointment at the end of the director’s term.\nThe directors must be elected—\nat the society’s annual general meeting; or\nin another way prescribed by the society’s rules.\n(sec.102-ssec.1) Subject to this Act, the directors of a society are elected or appointed, hold and vacate office, and retire or are removed from office, as prescribed by the society’s rules.\n(sec.102-ssec.2) A director holds office for a term (not longer than 3 years) prescribed by the society’s rules.\n(sec.102-ssec.3) Despite subsection (2) , for a director elected at an annual general meeting of a society, the society’s rules may specify a term of office ending at the end of the third annual general meeting of the society happening after the election.\n(sec.102-ssec.4) A director is eligible for re-election or reappointment at the end of the director’s term.\n(sec.102-ssec.5) The directors must be elected— at the society’s annual general meeting; or in another way prescribed by the society’s rules.\n- (a) at the society’s annual general meeting; or\n- (b) in another way prescribed by the society’s rules.","sortOrder":131},{"sectionNumber":"sec.103","sectionType":"section","heading":"Alternate directors","content":"### sec.103 Alternate directors\n\nIf authorised by a society’s rules, a director may appoint a person, who is eligible to be a director of the society, to be the alternate director in place of that director.\nThe alternate director may act as a director in the absence of the director who appointed him or her.\nThe alternate director must not be an alternate for another director.\n(sec.103-ssec.1) If authorised by a society’s rules, a director may appoint a person, who is eligible to be a director of the society, to be the alternate director in place of that director.\n(sec.103-ssec.2) The alternate director may act as a director in the absence of the director who appointed him or her.\n(sec.103-ssec.3) The alternate director must not be an alternate for another director.","sortOrder":132},{"sectionNumber":"sec.104","sectionType":"section","heading":"Chairperson","content":"### sec.104 Chairperson\n\nA chairperson of a society’s board must be elected—\nat the society’s annual general meeting; or\nin another way prescribed by the society’s rules.\nThe chairperson—\nmust hold office; and\nmust retire; and\nmay be removed from office;\nas prescribed by the society’s rules.\n(sec.104-ssec.1) A chairperson of a society’s board must be elected— at the society’s annual general meeting; or in another way prescribed by the society’s rules.\n(sec.104-ssec.2) The chairperson— must hold office; and must retire; and may be removed from office; as prescribed by the society’s rules.\n- (a) at the society’s annual general meeting; or\n- (b) in another way prescribed by the society’s rules.\n- (a) must hold office; and\n- (b) must retire; and\n- (c) may be removed from office;","sortOrder":133},{"sectionNumber":"sec.105","sectionType":"section","heading":"Qualifications of directors","content":"### sec.105 Qualifications of directors\n\nA person is not eligible to be a director of a society if the person—\nis a minor; or\nis bankrupt, has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; or\nis prohibited from being a director of a corporation by the Corporations Act for a reason other than the person’s age; or\nhas been convicted in the last 10 years—\nof an indictable offence in relation to the promotion, formation or management of a corporation; or\nof an offence involving fraud or dishonesty; or\nof an offence prescribed under a regulation.\ns 105 amd 2001 No. 45 s 29 sch 3\n- (a) is a minor; or\n- (b) is bankrupt, has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; or\n- (c) is prohibited from being a director of a corporation by the Corporations Act for a reason other than the person’s age; or\n- (d) has been convicted in the last 10 years— (i) of an indictable offence in relation to the promotion, formation or management of a corporation; or (ii) of an offence involving fraud or dishonesty; or (iii) of an offence prescribed under a regulation.\n- (i) of an indictable offence in relation to the promotion, formation or management of a corporation; or\n- (ii) of an offence involving fraud or dishonesty; or\n- (iii) of an offence prescribed under a regulation.\n- (i) of an indictable offence in relation to the promotion, formation or management of a corporation; or\n- (ii) of an offence involving fraud or dishonesty; or\n- (iii) of an offence prescribed under a regulation.","sortOrder":134},{"sectionNumber":"sec.106","sectionType":"section","heading":"Vacation of office","content":"### sec.106 Vacation of office\n\nThe office of a director becomes vacant if the director—\ndies; or\nbecomes a person who, under section 105 , is not eligible to be a director; or\nis absent from 3 consecutive ordinary meetings of the board without its leave; or\nresigns by written notice of resignation given to the board; or\nis 3 months in arrears for an amount payable to the society and has failed to make arrangements for payment satisfactory to the society; or\nis removed from office by a resolution under section 107 ; or\ncompletes a term of office.\nIf a casual vacancy happens in the office of a director as mentioned in subsection (1) (a) to (f) , the board may appoint a person who is eligible to be a director to fill the vacancy.\nThe term of office of a director appointed to fill a casual vacancy ends at the end of the next annual general meeting of the society after the appointment.\nA director may not be removed from office, and the office of a director does not become vacant, except as provided by this Act.\n(sec.106-ssec.1) The office of a director becomes vacant if the director— dies; or becomes a person who, under section 105 , is not eligible to be a director; or is absent from 3 consecutive ordinary meetings of the board without its leave; or resigns by written notice of resignation given to the board; or is 3 months in arrears for an amount payable to the society and has failed to make arrangements for payment satisfactory to the society; or is removed from office by a resolution under section 107 ; or completes a term of office.\n(sec.106-ssec.2) If a casual vacancy happens in the office of a director as mentioned in subsection (1) (a) to (f) , the board may appoint a person who is eligible to be a director to fill the vacancy.\n(sec.106-ssec.3) The term of office of a director appointed to fill a casual vacancy ends at the end of the next annual general meeting of the society after the appointment.\n(sec.106-ssec.4) A director may not be removed from office, and the office of a director does not become vacant, except as provided by this Act.\n- (a) dies; or\n- (b) becomes a person who, under section 105 , is not eligible to be a director; or\n- (c) is absent from 3 consecutive ordinary meetings of the board without its leave; or\n- (d) resigns by written notice of resignation given to the board; or\n- (e) is 3 months in arrears for an amount payable to the society and has failed to make arrangements for payment satisfactory to the society; or\n- (f) is removed from office by a resolution under section 107 ; or\n- (g) completes a term of office.","sortOrder":135},{"sectionNumber":"sec.107","sectionType":"section","heading":"Removal of directors","content":"### sec.107 Removal of directors\n\nA society may, by resolution, remove a director before the end of the director’s term of office, despite anything in the society’s rules or in an agreement between it and the director.\nThe resolution may be passed only if the society has given notice to members stating the proposed resolution and the day and time of the meeting when it is proposed the resolution will be made (the removal meeting ).\nThe society must also give a copy of the notice to the director.\nA society’s rules may provide for—\nthe period of notice; and\nthe way notice may be given to members; and\nany other relevant matter.\nThe director may make written representations to the society (of a reasonable length) before the removal meeting.\nThe society must promptly send to each member a copy of any written representations made by the director if—\nthe director asks the society to do so; and\nthere is enough time for the copies to be received by the members at least 2 days before the removal meeting.\nAt the removal meeting, the director—\nis entitled to be heard on the resolution to remove the director; and\nif the director has made written representations under subsection (5) and a copy has not been sent to members under subsection (6) —may require that the representations be read out.\n(sec.107-ssec.1) A society may, by resolution, remove a director before the end of the director’s term of office, despite anything in the society’s rules or in an agreement between it and the director.\n(sec.107-ssec.2) The resolution may be passed only if the society has given notice to members stating the proposed resolution and the day and time of the meeting when it is proposed the resolution will be made (the removal meeting ).\n(sec.107-ssec.3) The society must also give a copy of the notice to the director.\n(sec.107-ssec.4) A society’s rules may provide for— the period of notice; and the way notice may be given to members; and any other relevant matter.\n(sec.107-ssec.5) The director may make written representations to the society (of a reasonable length) before the removal meeting.\n(sec.107-ssec.6) The society must promptly send to each member a copy of any written representations made by the director if— the director asks the society to do so; and there is enough time for the copies to be received by the members at least 2 days before the removal meeting.\n(sec.107-ssec.7) At the removal meeting, the director— is entitled to be heard on the resolution to remove the director; and if the director has made written representations under subsection (5) and a copy has not been sent to members under subsection (6) —may require that the representations be read out.\n- (a) the period of notice; and\n- (b) the way notice may be given to members; and\n- (c) any other relevant matter.\n- (a) the director asks the society to do so; and\n- (b) there is enough time for the copies to be received by the members at least 2 days before the removal meeting.\n- (a) is entitled to be heard on the resolution to remove the director; and\n- (b) if the director has made written representations under subsection (5) and a copy has not been sent to members under subsection (6) —may require that the representations be read out.","sortOrder":136},{"sectionNumber":"sec.108","sectionType":"section","heading":"Declaration of interest","content":"### sec.108 Declaration of interest\n\nA director of a society who is or becomes in any way (whether directly or indirectly) interested in a contract, or proposed contract, with the society must declare the nature and extent of the interest to the society’s board under this section.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a contract to provide financial accommodation if the provision of the financial accommodation does not contravene section 114 .\nFor a proposed contract, the declaration must be made—\nat the meeting of the board at which the question of entering into the contract is first considered; or\nif the director was not at that time interested in the proposed contract—at the next meeting of the board held after the director becomes interested in the proposed contract.\nIf a director becomes interested in a contract with the society after it is made, the declaration must be made at the next meeting of the board held after the director becomes interested in the contract.\nFor this section, a director makes a sufficient declaration if the director gives a general written notice to the board to the effect that the director—\nis a member of a specified entity; and\nis taken to be interested in a contract that may, after the giving of the notice, be made with the entity.\n(sec.108-ssec.1) A director of a society who is or becomes in any way (whether directly or indirectly) interested in a contract, or proposed contract, with the society must declare the nature and extent of the interest to the society’s board under this section. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.108-ssec.2) Subsection (1) does not apply to a contract to provide financial accommodation if the provision of the financial accommodation does not contravene section 114 .\n(sec.108-ssec.3) For a proposed contract, the declaration must be made— at the meeting of the board at which the question of entering into the contract is first considered; or if the director was not at that time interested in the proposed contract—at the next meeting of the board held after the director becomes interested in the proposed contract.\n(sec.108-ssec.4) If a director becomes interested in a contract with the society after it is made, the declaration must be made at the next meeting of the board held after the director becomes interested in the contract.\n(sec.108-ssec.5) For this section, a director makes a sufficient declaration if the director gives a general written notice to the board to the effect that the director— is a member of a specified entity; and is taken to be interested in a contract that may, after the giving of the notice, be made with the entity.\n- (a) at the meeting of the board at which the question of entering into the contract is first considered; or\n- (b) if the director was not at that time interested in the proposed contract—at the next meeting of the board held after the director becomes interested in the proposed contract.\n- (a) is a member of a specified entity; and\n- (b) is taken to be interested in a contract that may, after the giving of the notice, be made with the entity.","sortOrder":137},{"sectionNumber":"sec.109","sectionType":"section","heading":"Declaration of possible conflict of duty or interest","content":"### sec.109 Declaration of possible conflict of duty or interest\n\nA director of a society who holds an office or has an interest in property by which, whether directly or indirectly, duties or interests might be created that could conflict with the director’s duties or interests as director must, under subsection (2) , declare at a meeting of the society’s board the fact and the nature, character and extent of the conflict.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nThe declaration must be made by the director—\nif the director holds the office or has the interest when the director becomes a director—at the first meeting of the board held after—\nthe director becomes a director; or\nthe relevant facts about holding the office or having the interest come to the director’s knowledge;\nwhichever is the later; or\nif the director starts to hold the office or acquires the interest after the director becomes a director—at the first meeting of the board held after the relevant facts about holding the office or having the interest come to the director’s knowledge.\n(sec.109-ssec.1) A director of a society who holds an office or has an interest in property by which, whether directly or indirectly, duties or interests might be created that could conflict with the director’s duties or interests as director must, under subsection (2) , declare at a meeting of the society’s board the fact and the nature, character and extent of the conflict. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.109-ssec.2) The declaration must be made by the director— if the director holds the office or has the interest when the director becomes a director—at the first meeting of the board held after— the director becomes a director; or the relevant facts about holding the office or having the interest come to the director’s knowledge; whichever is the later; or if the director starts to hold the office or acquires the interest after the director becomes a director—at the first meeting of the board held after the relevant facts about holding the office or having the interest come to the director’s knowledge.\n- (a) if the director holds the office or has the interest when the director becomes a director—at the first meeting of the board held after— (i) the director becomes a director; or (ii) the relevant facts about holding the office or having the interest come to the director’s knowledge; whichever is the later; or\n- (i) the director becomes a director; or\n- (ii) the relevant facts about holding the office or having the interest come to the director’s knowledge;\n- (b) if the director starts to hold the office or acquires the interest after the director becomes a director—at the first meeting of the board held after the relevant facts about holding the office or having the interest come to the director’s knowledge.\n- (i) the director becomes a director; or\n- (ii) the relevant facts about holding the office or having the interest come to the director’s knowledge;","sortOrder":138},{"sectionNumber":"sec.110","sectionType":"section","heading":"Recording and effect of declaration","content":"### sec.110 Recording and effect of declaration\n\nThis section applies to a declaration under section 108 or 109 .\nThe declaration must be recorded in the minutes of the meeting at which it was made and, unless the board otherwise determines, the director must not—\nbe present during a deliberation of the board about the matter; or\ntake part in a decision of the board about the matter.\nFor making a determination of the board under subsection (2) about a director who has made a declaration, the director must not—\nbe present during a deliberation of the board making the determination; or\ntake part in the making by the board of the determination.\n(sec.110-ssec.1) This section applies to a declaration under section 108 or 109 .\n(sec.110-ssec.2) The declaration must be recorded in the minutes of the meeting at which it was made and, unless the board otherwise determines, the director must not— be present during a deliberation of the board about the matter; or take part in a decision of the board about the matter.\n(sec.110-ssec.3) For making a determination of the board under subsection (2) about a director who has made a declaration, the director must not— be present during a deliberation of the board making the determination; or take part in the making by the board of the determination.\n- (a) be present during a deliberation of the board about the matter; or\n- (b) take part in a decision of the board about the matter.\n- (a) be present during a deliberation of the board making the determination; or\n- (b) take part in the making by the board of the determination.","sortOrder":139},{"sectionNumber":"sec.111","sectionType":"section","heading":"Reporting declarations","content":"### sec.111 Reporting declarations\n\nThis section applies to a declaration under section 108 or 109 .\nThe board must report the declaration—\nto the registrar immediately after the making of the declaration; and\nto the society’s members at the next annual general meeting after the making of the declaration.\nMaximum penalty—80 penalty units.\nA society must, within 3 months after the end of its financial year, file with the registrar a return stating—\nall declarations made to the board during that financial year; and\nall declarations in force at the end of the financial year.\nMaximum penalty for subsection (3) —80 penalty units.\ns 111 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.111-ssec.1) This section applies to a declaration under section 108 or 109 .\n(sec.111-ssec.2) The board must report the declaration— to the registrar immediately after the making of the declaration; and to the society’s members at the next annual general meeting after the making of the declaration. Maximum penalty—80 penalty units.\n(sec.111-ssec.3) A society must, within 3 months after the end of its financial year, file with the registrar a return stating— all declarations made to the board during that financial year; and all declarations in force at the end of the financial year. Maximum penalty for subsection (3) —80 penalty units.\n- (a) to the registrar immediately after the making of the declaration; and\n- (b) to the society’s members at the next annual general meeting after the making of the declaration.\n- (a) all declarations made to the board during that financial year; and\n- (b) all declarations in force at the end of the financial year.","sortOrder":140},{"sectionNumber":"sec.112","sectionType":"section","heading":"Sections 108 – 109 not of limiting effect","content":"### sec.112 Sections 108 – 109 not of limiting effect\n\nSections 108 and 109 are in addition to any rule of law or a provision in a society’s rules restricting a director from having an interest in contracts with the society or from holding offices or having interests involving duties or interests in conflict with the director’s duties or interests as a director.","sortOrder":141},{"sectionNumber":"sec.113","sectionType":"section","heading":"General duty to make disclosure","content":"### sec.113 General duty to make disclosure\n\nA director of a society must give written notice to the society—\nof particulars about contracts necessary to enable the society to comply with section 131 ; and\nof particulars of any change in the particulars mentioned in paragraph (a) , including the consideration (if any) received because of the event giving rise to the change.\nThe notice must be given—\nif the notice is under subsection (1) (a) —within 14 days after the person—\nbecame a director; or\nentered into the contracts;\nwhichever happens last; and\nif the notice is under subsection (1) (b) —within 14 days after the person becomes aware of the happening of the event giving rise to the change.\nA society must, within 7 days after receiving a notice, send a copy to each of the other directors of the society.\nA director or society must not contravene this section.\nMaximum penalty for subsection (4) —400 penalty units.\n(sec.113-ssec.1) A director of a society must give written notice to the society— of particulars about contracts necessary to enable the society to comply with section 131 ; and of particulars of any change in the particulars mentioned in paragraph (a) , including the consideration (if any) received because of the event giving rise to the change.\n(sec.113-ssec.2) The notice must be given— if the notice is under subsection (1) (a) —within 14 days after the person— became a director; or entered into the contracts; whichever happens last; and if the notice is under subsection (1) (b) —within 14 days after the person becomes aware of the happening of the event giving rise to the change.\n(sec.113-ssec.3) A society must, within 7 days after receiving a notice, send a copy to each of the other directors of the society.\n(sec.113-ssec.4) A director or society must not contravene this section. Maximum penalty for subsection (4) —400 penalty units.\n- (a) of particulars about contracts necessary to enable the society to comply with section 131 ; and\n- (b) of particulars of any change in the particulars mentioned in paragraph (a) , including the consideration (if any) received because of the event giving rise to the change.\n- (a) if the notice is under subsection (1) (a) —within 14 days after the person— (i) became a director; or (ii) entered into the contracts; whichever happens last; and\n- (i) became a director; or\n- (ii) entered into the contracts;\n- (b) if the notice is under subsection (1) (b) —within 14 days after the person becomes aware of the happening of the event giving rise to the change.\n- (i) became a director; or\n- (ii) entered into the contracts;","sortOrder":142},{"sectionNumber":"sec.114","sectionType":"section","heading":"Financial accommodation to directors","content":"### sec.114 Financial accommodation to directors\n\nA society must not provide financial accommodation to a director unless it is—\nprovided in the ordinary course of business; and\nsubject to the terms normally imposed by the society in similar dealings; and\napproved by a majority of at least two-thirds of the directors present and voting on the matter at a meeting of the board at which a quorum is present.\nMaximum penalty—800 penalty units.\nA director must not obtain financial accommodation given in contravention of subsection (1) .\nMaximum penalty—800 penalty units or 4 years imprisonment.\nIn this section, a reference to—\nthe provision of financial accommodation to a director; or\nthe obtaining of financial accommodation by a director;\nincludes a reference to a provision of financial accommodation to, or an obtaining of financial accommodation by, the director jointly with another person.\n(sec.114-ssec.1) A society must not provide financial accommodation to a director unless it is— provided in the ordinary course of business; and subject to the terms normally imposed by the society in similar dealings; and approved by a majority of at least two-thirds of the directors present and voting on the matter at a meeting of the board at which a quorum is present. Maximum penalty—800 penalty units.\n(sec.114-ssec.2) A director must not obtain financial accommodation given in contravention of subsection (1) . Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.114-ssec.3) In this section, a reference to— the provision of financial accommodation to a director; or the obtaining of financial accommodation by a director; includes a reference to a provision of financial accommodation to, or an obtaining of financial accommodation by, the director jointly with another person.\n- (a) provided in the ordinary course of business; and\n- (b) subject to the terms normally imposed by the society in similar dealings; and\n- (c) approved by a majority of at least two-thirds of the directors present and voting on the matter at a meeting of the board at which a quorum is present.\n- (a) the provision of financial accommodation to a director; or\n- (b) the obtaining of financial accommodation by a director;","sortOrder":143},{"sectionNumber":"sec.115","sectionType":"section","heading":"Directors’ remuneration","content":"### sec.115 Directors’ remuneration\n\nA director of a society must not knowingly receive remuneration that is not a fee, concession or other benefit approved at a general meeting of the society.\nMaximum penalty—80 penalty units.","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":"Management contracts","content":"### sec.116 Management contracts\n\nA society must not enter into a management contract without the registrar’s written approval.\nMaximum penalty—800 penalty units.\nThe registrar may give the registrar’s approval on terms.\nA management contract entered into in contravention of subsection (1) is void.\ns 116 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.116-ssec.1) A society must not enter into a management contract without the registrar’s written approval. Maximum penalty—800 penalty units.\n(sec.116-ssec.2) The registrar may give the registrar’s approval on terms.\n(sec.116-ssec.3) A management contract entered into in contravention of subsection (1) is void.","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":"Duties of officers","content":"### sec.117 Duties of officers\n\nAn officer of a society must at all times act honestly in performing the functions and exercising the powers of the office.\nMaximum penalty—\n1600 penalty units or 7 years imprisonment—\nif because of the contravention—\nthe society is, or its members are, deceived or defrauded; or\na creditor of the society, or a creditor of any other person, is deceived or defrauded; or\nif paragraph (a) does not apply but the contravention was committed—\nwith the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or\nfor any other fraudulent purpose; or\n800 penalty units or 4 years imprisonment, in any other case.\nAn officer of a society must at all times exercise a reasonable degree of care and diligence in performing the functions and exercising the powers of the office and in protecting the interests of the society’s members.\nMaximum penalty—400 penalty units.\nAn officer or employee of a society, or a former officer or employee of a society, must not make improper use of information acquired because of his or her position as an officer or employee to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the society.\nMaximum penalty—800 penalty units or 4 years imprisonment.\nAn officer or employee of a society must not make improper use of his or her position as an officer or employee, to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the society.\nMaximum penalty—800 penalty units or 4 years imprisonment.\nSection 5 applies to subsection (2) as if, in subsection (1) (a) of the section, the words, executive officer or employee were omitted and the words or executive officer were substituted.\n(sec.117-ssec.1) An officer of a society must at all times act honestly in performing the functions and exercising the powers of the office. Maximum penalty— 1600 penalty units or 7 years imprisonment— if because of the contravention— the society is, or its members are, deceived or defrauded; or a creditor of the society, or a creditor of any other person, is deceived or defrauded; or if paragraph (a) does not apply but the contravention was committed— with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or for any other fraudulent purpose; or 800 penalty units or 4 years imprisonment, in any other case.\n(sec.117-ssec.2) An officer of a society must at all times exercise a reasonable degree of care and diligence in performing the functions and exercising the powers of the office and in protecting the interests of the society’s members. Maximum penalty—400 penalty units.\n(sec.117-ssec.3) An officer or employee of a society, or a former officer or employee of a society, must not make improper use of information acquired because of his or her position as an officer or employee to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the society. Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.117-ssec.4) An officer or employee of a society must not make improper use of his or her position as an officer or employee, to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the society. Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.117-ssec.5) Section 5 applies to subsection (2) as if, in subsection (1) (a) of the section, the words, executive officer or employee were omitted and the words or executive officer were substituted.\n- (a) 1600 penalty units or 7 years imprisonment— (i) if because of the contravention— (A) the society is, or its members are, deceived or defrauded; or (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or (ii) if paragraph (a) does not apply but the contravention was committed— (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or (B) for any other fraudulent purpose; or\n- (i) if because of the contravention— (A) the society is, or its members are, deceived or defrauded; or (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or\n- (A) the society is, or its members are, deceived or defrauded; or\n- (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or\n- (ii) if paragraph (a) does not apply but the contravention was committed— (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or (B) for any other fraudulent purpose; or\n- (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or\n- (B) for any other fraudulent purpose; or\n- (b) 800 penalty units or 4 years imprisonment, in any other case.\n- (i) if because of the contravention— (A) the society is, or its members are, deceived or defrauded; or (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or\n- (A) the society is, or its members are, deceived or defrauded; or\n- (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or\n- (ii) if paragraph (a) does not apply but the contravention was committed— (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or (B) for any other fraudulent purpose; or\n- (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or\n- (B) for any other fraudulent purpose; or\n- (A) the society is, or its members are, deceived or defrauded; or\n- (B) a creditor of the society, or a creditor of any other person, is deceived or defrauded; or\n- (A) with the intention of deceiving or defrauding the society or its members, a creditor of the society or a creditor of any other person; or\n- (B) for any other fraudulent purpose; or","sortOrder":146},{"sectionNumber":"sec.118","sectionType":"section","heading":"Effect of contravention of s 117","content":"### sec.118 Effect of contravention of s 117\n\nIf—\na person is convicted of an offence against section 117 ; and\nthe court by which the person is convicted is satisfied that the society has suffered loss or damage because of the act or omission that constituted the offence;\nthe court may, in addition to imposing a penalty, order the convicted person to pay compensation to the society of an amount stated by the court.\nThe order may be enforced as if it were a judgment of the court.\nIf a person contravenes section 117 , the society may, whether or not the person has been convicted of an offence against the section for the contravention, recover from the person as a debt due to the society by action in a court having jurisdiction for the recovery of debts up to the amount involved—\nif that person or any other person has made a profit because of the contravention—an amount equal to that profit; and\nif the society has suffered loss or damage because of the contravention—an amount equal to that loss or damage.\nThis section and section 117 are in addition to and do not derogate from any other rule of law about the duties of officers and employees of a society.\n(sec.118-ssec.1) If— a person is convicted of an offence against section 117 ; and the court by which the person is convicted is satisfied that the society has suffered loss or damage because of the act or omission that constituted the offence; the court may, in addition to imposing a penalty, order the convicted person to pay compensation to the society of an amount stated by the court.\n(sec.118-ssec.2) The order may be enforced as if it were a judgment of the court.\n(sec.118-ssec.3) If a person contravenes section 117 , the society may, whether or not the person has been convicted of an offence against the section for the contravention, recover from the person as a debt due to the society by action in a court having jurisdiction for the recovery of debts up to the amount involved— if that person or any other person has made a profit because of the contravention—an amount equal to that profit; and if the society has suffered loss or damage because of the contravention—an amount equal to that loss or damage.\n(sec.118-ssec.4) This section and section 117 are in addition to and do not derogate from any other rule of law about the duties of officers and employees of a society.\n- (a) a person is convicted of an offence against section 117 ; and\n- (b) the court by which the person is convicted is satisfied that the society has suffered loss or damage because of the act or omission that constituted the offence;\n- (a) if that person or any other person has made a profit because of the contravention—an amount equal to that profit; and\n- (b) if the society has suffered loss or damage because of the contravention—an amount equal to that loss or damage.","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":"Unlawfully acting as director","content":"### sec.119 Unlawfully acting as director\n\nA person must not purport to act as a director of a society unless the person is a director of the society, or the alternate director of a director of the society.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nA director of a society must not permit a person who is not a director of the society, or the alternate director of a director of the society, to purport to act as a director of the society.\nMaximum penalty for subsection (2) —400 penalty units or 2 years imprisonment.\n(sec.119-ssec.1) A person must not purport to act as a director of a society unless the person is a director of the society, or the alternate director of a director of the society. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.119-ssec.2) A director of a society must not permit a person who is not a director of the society, or the alternate director of a director of the society, to purport to act as a director of the society. Maximum penalty for subsection (2) —400 penalty units or 2 years imprisonment.","sortOrder":148},{"sectionNumber":"sec.120","sectionType":"section","heading":"Secretary","content":"### sec.120 Secretary\n\nThe board of a society must appoint an individual who is 18 or more and who is resident in the State to be the secretary of the society.\nIf the office of secretary is vacant or for some other reason the secretary is not capable of acting, an act or thing required or authorised to be done by or in relation to the secretary may be done by or in relation to an assistant or deputy secretary or, if there is no assistant or deputy secretary or no assistant or deputy secretary is capable of acting, by or in relation to an officer of the society authorised by the directors to act as secretary either generally or in relation to the doing of the act or thing.\nA provision of this Act or the rules requiring or authorising an act or thing to be done by or in relation to a director and the secretary is not satisfied by its being done by or in relation to the same person acting both as director and as, or in place of, the secretary.\n(sec.120-ssec.1) The board of a society must appoint an individual who is 18 or more and who is resident in the State to be the secretary of the society.\n(sec.120-ssec.2) If the office of secretary is vacant or for some other reason the secretary is not capable of acting, an act or thing required or authorised to be done by or in relation to the secretary may be done by or in relation to an assistant or deputy secretary or, if there is no assistant or deputy secretary or no assistant or deputy secretary is capable of acting, by or in relation to an officer of the society authorised by the directors to act as secretary either generally or in relation to the doing of the act or thing.\n(sec.120-ssec.3) A provision of this Act or the rules requiring or authorising an act or thing to be done by or in relation to a director and the secretary is not satisfied by its being done by or in relation to the same person acting both as director and as, or in place of, the secretary.","sortOrder":149},{"sectionNumber":"sec.121","sectionType":"section","heading":"Liability of, and indemnity for, officers and employees","content":"### sec.121 Liability of, and indemnity for, officers and employees\n\nA rule of, or contract with, a society is void if it purports to—\nexempt an officer or employee of the society from a liability to the society for negligence, default, breach of duty or breach of trust; or\nindemnify an officer or employee of the society against a liability mentioned in paragraph (a) .\nHowever, a society may indemnify an officer or employee of the society against a liability incurred by the officer or employee—\nin defending civil proceedings about the society’s affairs and resulting in judgment in favour of the officer or employee; or\nin defending criminal proceedings about the society’s affairs and resulting in the officer or employee being acquitted; or\nfor an application in proceedings mentioned in paragraph (a) or (b) in which relief is, under this Act, granted to the officer or employee by the Supreme Court.\nSubsection (1) does not apply to—\na contract of insurance unless the premiums are paid by the society; and\ncompulsory professional indemnity insurance even if the premiums are paid by the society.\n(sec.121-ssec.1) A rule of, or contract with, a society is void if it purports to— exempt an officer or employee of the society from a liability to the society for negligence, default, breach of duty or breach of trust; or indemnify an officer or employee of the society against a liability mentioned in paragraph (a) .\n(sec.121-ssec.2) However, a society may indemnify an officer or employee of the society against a liability incurred by the officer or employee— in defending civil proceedings about the society’s affairs and resulting in judgment in favour of the officer or employee; or in defending criminal proceedings about the society’s affairs and resulting in the officer or employee being acquitted; or for an application in proceedings mentioned in paragraph (a) or (b) in which relief is, under this Act, granted to the officer or employee by the Supreme Court.\n(sec.121-ssec.3) Subsection (1) does not apply to— a contract of insurance unless the premiums are paid by the society; and compulsory professional indemnity insurance even if the premiums are paid by the society.\n- (a) exempt an officer or employee of the society from a liability to the society for negligence, default, breach of duty or breach of trust; or\n- (b) indemnify an officer or employee of the society against a liability mentioned in paragraph (a) .\n- (a) in defending civil proceedings about the society’s affairs and resulting in judgment in favour of the officer or employee; or\n- (b) in defending criminal proceedings about the society’s affairs and resulting in the officer or employee being acquitted; or\n- (c) for an application in proceedings mentioned in paragraph (a) or (b) in which relief is, under this Act, granted to the officer or employee by the Supreme Court.\n- (a) a contract of insurance unless the premiums are paid by the society; and\n- (b) compulsory professional indemnity insurance even if the premiums are paid by the society.","sortOrder":150},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Meetings","content":"## Meetings","sortOrder":151},{"sectionNumber":"sec.122","sectionType":"section","heading":"Annual general meeting","content":"### sec.122 Annual general meeting\n\nA society must hold its first annual general meeting within 18 months after it is registered under this Act.\nMaximum penalty—80 penalty units.\nA society must hold every subsequent annual general meeting within 5 months after the close of its financial year, or within a further time allowed by the registrar or prescribed under a regulation.\nMaximum penalty for subsection (2) —80 penalty units.\ns 122 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.122-ssec.1) A society must hold its first annual general meeting within 18 months after it is registered under this Act. Maximum penalty—80 penalty units.\n(sec.122-ssec.2) A society must hold every subsequent annual general meeting within 5 months after the close of its financial year, or within a further time allowed by the registrar or prescribed under a regulation. Maximum penalty for subsection (2) —80 penalty units.","sortOrder":152},{"sectionNumber":"sec.123","sectionType":"section","heading":"Special general meeting","content":"### sec.123 Special general meeting\n\nThe board of a society may call a special general meeting of the society.\nThe board of a society must immediately proceed to call a special general meeting of the society if required to do so by not less than the number of members prescribed for the purpose by the society’s rules.\n(sec.123-ssec.1) The board of a society may call a special general meeting of the society.\n(sec.123-ssec.2) The board of a society must immediately proceed to call a special general meeting of the society if required to do so by not less than the number of members prescribed for the purpose by the society’s rules.","sortOrder":153},{"sectionNumber":"sec.124","sectionType":"section","heading":"Quorum","content":"### sec.124 Quorum\n\nA general meeting of a society may deal with an item of business only if a quorum is present.\nSubsection (1) does not apply to an item of business that may be dealt with by postal voting under the society’s rules.\nA quorum is as prescribed by the society’s rules.\n(sec.124-ssec.1) A general meeting of a society may deal with an item of business only if a quorum is present.\n(sec.124-ssec.2) Subsection (1) does not apply to an item of business that may be dealt with by postal voting under the society’s rules.\n(sec.124-ssec.3) A quorum is as prescribed by the society’s rules.","sortOrder":154},{"sectionNumber":"sec.125","sectionType":"section","heading":"Notice of meeting","content":"### sec.125 Notice of meeting\n\nWritten notice of a general meeting of a society must be given personally or by post to each member of the society—\nfor an annual general meeting—at least 14 days before the date of the meeting; and\nfor a special general meeting—at least 7 days before the date of the meeting.\nHowever, if the society’s rules so provide, notice of an annual general meeting or special general meeting may be given to the society’s members by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\nNotice of a general meeting of a society must be displayed in a conspicuous place at the registered office and each other office of the society—\nfor an annual general meeting—for at least 14 days immediately before the date of the meeting; and\nfor a special general meeting—for at least 7 days immediately before the date of the meeting.\nThe failure by a member of a society to receive notice of a general meeting required to be given to the member by this Act does not invalidate the meeting.\nA society must give notice of an annual general meeting, or a special general meeting, or display notice of an annual general meeting in accordance with this section.\nMaximum penalty for subsection (5) —80 penalty units.\n(sec.125-ssec.1) Written notice of a general meeting of a society must be given personally or by post to each member of the society— for an annual general meeting—at least 14 days before the date of the meeting; and for a special general meeting—at least 7 days before the date of the meeting.\n(sec.125-ssec.2) However, if the society’s rules so provide, notice of an annual general meeting or special general meeting may be given to the society’s members by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\n(sec.125-ssec.3) Notice of a general meeting of a society must be displayed in a conspicuous place at the registered office and each other office of the society— for an annual general meeting—for at least 14 days immediately before the date of the meeting; and for a special general meeting—for at least 7 days immediately before the date of the meeting.\n(sec.125-ssec.4) The failure by a member of a society to receive notice of a general meeting required to be given to the member by this Act does not invalidate the meeting.\n(sec.125-ssec.5) A society must give notice of an annual general meeting, or a special general meeting, or display notice of an annual general meeting in accordance with this section. Maximum penalty for subsection (5) —80 penalty units.\n- (a) for an annual general meeting—at least 14 days before the date of the meeting; and\n- (b) for a special general meeting—at least 7 days before the date of the meeting.\n- (a) for an annual general meeting—for at least 14 days immediately before the date of the meeting; and\n- (b) for a special general meeting—for at least 7 days immediately before the date of the meeting.","sortOrder":155},{"sectionNumber":"sec.126","sectionType":"section","heading":"Voting","content":"### sec.126 Voting\n\nA member of a society may not exercise more than 1 vote on a question arising for determination by the society’s members.","sortOrder":156},{"sectionNumber":"sec.127","sectionType":"section","heading":"Special resolutions","content":"### sec.127 Special resolutions\n\nFor this Act, a special resolution is a resolution passed by a majority of not less than two-thirds of the members who, being entitled to vote—\nin any case—are present personally at a meeting at which a motion for the passing of the resolution is moved and vote on the resolution; or\nfor a merger or transfer of engagements under part 9 —vote on the resolution by a postal ballot conducted—\nunder the society’s rules; or\nunder a regulation; or\nin a way approved by the registrar.\nFor a special resolution passed at a meeting, unless a poll is demanded, a declaration by the person presiding at the meeting that a resolution has been carried by a stated majority is evidence of the fact.\nWritten notice of a proposed special resolution, stating its terms, must be given personally or by post to each member of the society who is entitled to vote on the resolution at least 21 days before the date of the meeting or close of the postal ballot.\nHowever, if a society’s rules so provide, notice of a proposed special resolution, stating its terms, may be given to the members of the society entitled to vote on the resolution by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\nA purported special resolution for which notice has not been given under subsection (3) or (4) is of no effect.\nHowever, the failure by a member to receive notice of a proposed special resolution does not invalidate the passing of the resolution.\nThis section applies only to the matters required by this Act or a society’s rules to be passed or approved by a special resolution.\ns 127 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.127-ssec.1) For this Act, a special resolution is a resolution passed by a majority of not less than two-thirds of the members who, being entitled to vote— in any case—are present personally at a meeting at which a motion for the passing of the resolution is moved and vote on the resolution; or for a merger or transfer of engagements under part 9 —vote on the resolution by a postal ballot conducted— under the society’s rules; or under a regulation; or in a way approved by the registrar.\n(sec.127-ssec.2) For a special resolution passed at a meeting, unless a poll is demanded, a declaration by the person presiding at the meeting that a resolution has been carried by a stated majority is evidence of the fact.\n(sec.127-ssec.3) Written notice of a proposed special resolution, stating its terms, must be given personally or by post to each member of the society who is entitled to vote on the resolution at least 21 days before the date of the meeting or close of the postal ballot.\n(sec.127-ssec.4) However, if a society’s rules so provide, notice of a proposed special resolution, stating its terms, may be given to the members of the society entitled to vote on the resolution by advertisement published in a newspaper circulating generally in the area of the State in which the society operates.\n(sec.127-ssec.5) A purported special resolution for which notice has not been given under subsection (3) or (4) is of no effect.\n(sec.127-ssec.6) However, the failure by a member to receive notice of a proposed special resolution does not invalidate the passing of the resolution.\n(sec.127-ssec.7) This section applies only to the matters required by this Act or a society’s rules to be passed or approved by a special resolution.\n- (a) in any case—are present personally at a meeting at which a motion for the passing of the resolution is moved and vote on the resolution; or\n- (b) for a merger or transfer of engagements under part 9 —vote on the resolution by a postal ballot conducted— (i) under the society’s rules; or (ii) under a regulation; or (iii) in a way approved by the registrar.\n- (i) under the society’s rules; or\n- (ii) under a regulation; or\n- (iii) in a way approved by the registrar.\n- (i) under the society’s rules; or\n- (ii) under a regulation; or\n- (iii) in a way approved by the registrar.","sortOrder":157},{"sectionNumber":"sec.128","sectionType":"section","heading":"Registration of special resolution","content":"### sec.128 Registration of special resolution\n\nA society must, within 1 month after a special resolution has been passed, submit the resolution to the registrar for registration.\nA special resolution is of no effect until registered.\nThe registrar must register a special resolution of a society if satisfied that—\nthe special resolution is not contrary to—\nthis Act; or\na standard; and\nthere is no good reason why the special resolution should not be registered.\ns 128 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.128-ssec.1) A society must, within 1 month after a special resolution has been passed, submit the resolution to the registrar for registration.\n(sec.128-ssec.2) A special resolution is of no effect until registered.\n(sec.128-ssec.3) The registrar must register a special resolution of a society if satisfied that— the special resolution is not contrary to— this Act; or a standard; and there is no good reason why the special resolution should not be registered.\n- (a) the special resolution is not contrary to— (i) this Act; or (ii) a standard; and\n- (i) this Act; or\n- (ii) a standard; and\n- (b) there is no good reason why the special resolution should not be registered.\n- (i) this Act; or\n- (ii) a standard; and","sortOrder":158},{"sectionNumber":"sec.129","sectionType":"section","heading":"Minutes","content":"### sec.129 Minutes\n\nA society must cause full and accurate minutes to be kept of every meeting of its board, and of every meeting of its members.\nMaximum penalty—80 penalty units.","sortOrder":159},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Registers and inspection","content":"## Registers and inspection","sortOrder":160},{"sectionNumber":"sec.130","sectionType":"section","heading":"Registers","content":"### sec.130 Registers\n\nA society must keep the registers prescribed under a regulation.\nMaximum penalty—160 penalty units.\nAll registers required to be kept by a society under this Act must be kept at the society’s registered office and be kept in the way, and contain the particulars, prescribed under a regulation.\nMaximum penalty—80 penalty units.\nWith the written consent of the registrar, all or any of the registers may be kept at an office of the society other than its registered office.\nAll registers must be kept within the State at all times.\ns 130 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.130-ssec.1) A society must keep the registers prescribed under a regulation. Maximum penalty—160 penalty units.\n(sec.130-ssec.2) All registers required to be kept by a society under this Act must be kept at the society’s registered office and be kept in the way, and contain the particulars, prescribed under a regulation. Maximum penalty—80 penalty units.\n(sec.130-ssec.3) With the written consent of the registrar, all or any of the registers may be kept at an office of the society other than its registered office.\n(sec.130-ssec.4) All registers must be kept within the State at all times.","sortOrder":161},{"sectionNumber":"sec.131","sectionType":"section","heading":"Register of directors etc.","content":"### sec.131 Register of directors etc.\n\nA society must keep a register of its directors, principal executive officer and secretary and enter in the register for each director, principal executive officer and secretary—\nthe person’s present given name and surname; and\nthe person’s former given name or surname (if any); and\nthe person’s date and place of birth; and\nthe person’s usual residential address; and\nthe person’s business occupation (if any).\nMaximum penalty—160 penalty units.\nA society must, within 1 month after a director, principal executive officer or secretary of the society changes his of her usual residential address, advise the registrar of the new usual residential address of the director, principal executive officer or secretary.\nMaximum penalty—10 penalty units.\nA society must, within 7 days after receiving notice from a director under section 113 (1) (a) , enter in its register, for the director, the particulars of contracts to which the notice relates and, for contracts entered into after the person became a director—\nthe consideration for the transaction (if any) because of which an entry is required to be made in the register; and\nthe date of—\nthe agreement for the transaction or, if it is later, the completion of the transaction; or\nif there was no transaction—the happening of the event because of which an entry is required to be made in the register.\nMaximum penalty—160 penalty units.\nA society must, within 3 days after receiving a notice from a director under section 113 (1) (b) , enter in its register the particulars of the change specified in the notice.\nMaximum penalty—160 penalty units.\nWithin 1 month beginning on the day on which a person becomes or ceases to be a director, the principal executive officer or secretary of a society, the society must file with the registrar a return in the approved form advising that fact and containing for a new director, principal executive officer or secretary the matters required by subsection (1) to be shown in the register.\nMaximum penalty—10 penalty units.\nA register kept by a society under this section must be open for inspection—\nby a member of the society, without fee; and\nby another person, on payment for each inspection of the amount (if any) prescribed by the society’s rules.\nA society must produce its register at the start of each annual general meeting of the society and keep it open and accessible during the meeting to all persons attending the meeting.\nMaximum penalty—160 penalty units.\nIt is a defence to a prosecution for failing to comply with subsection (3) or (4) in relation to particulars about a director if the defendant proves that the failure was due to the failure of a director to comply with section 113 in relation to those particulars.\ns 131 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.131-ssec.1) A society must keep a register of its directors, principal executive officer and secretary and enter in the register for each director, principal executive officer and secretary— the person’s present given name and surname; and the person’s former given name or surname (if any); and the person’s date and place of birth; and the person’s usual residential address; and the person’s business occupation (if any). Maximum penalty—160 penalty units.\n(sec.131-ssec.2) A society must, within 1 month after a director, principal executive officer or secretary of the society changes his of her usual residential address, advise the registrar of the new usual residential address of the director, principal executive officer or secretary. Maximum penalty—10 penalty units.\n(sec.131-ssec.3) A society must, within 7 days after receiving notice from a director under section 113 (1) (a) , enter in its register, for the director, the particulars of contracts to which the notice relates and, for contracts entered into after the person became a director— the consideration for the transaction (if any) because of which an entry is required to be made in the register; and the date of— the agreement for the transaction or, if it is later, the completion of the transaction; or if there was no transaction—the happening of the event because of which an entry is required to be made in the register. Maximum penalty—160 penalty units.\n(sec.131-ssec.4) A society must, within 3 days after receiving a notice from a director under section 113 (1) (b) , enter in its register the particulars of the change specified in the notice. Maximum penalty—160 penalty units.\n(sec.131-ssec.5) Within 1 month beginning on the day on which a person becomes or ceases to be a director, the principal executive officer or secretary of a society, the society must file with the registrar a return in the approved form advising that fact and containing for a new director, principal executive officer or secretary the matters required by subsection (1) to be shown in the register. Maximum penalty—10 penalty units.\n(sec.131-ssec.6) A register kept by a society under this section must be open for inspection— by a member of the society, without fee; and by another person, on payment for each inspection of the amount (if any) prescribed by the society’s rules.\n(sec.131-ssec.7) A society must produce its register at the start of each annual general meeting of the society and keep it open and accessible during the meeting to all persons attending the meeting. Maximum penalty—160 penalty units.\n(sec.131-ssec.8) It is a defence to a prosecution for failing to comply with subsection (3) or (4) in relation to particulars about a director if the defendant proves that the failure was due to the failure of a director to comply with section 113 in relation to those particulars.\n- (a) the person’s present given name and surname; and\n- (b) the person’s former given name or surname (if any); and\n- (c) the person’s date and place of birth; and\n- (d) the person’s usual residential address; and\n- (e) the person’s business occupation (if any).\n- (a) the consideration for the transaction (if any) because of which an entry is required to be made in the register; and\n- (b) the date of— (i) the agreement for the transaction or, if it is later, the completion of the transaction; or (ii) if there was no transaction—the happening of the event because of which an entry is required to be made in the register.\n- (i) the agreement for the transaction or, if it is later, the completion of the transaction; or\n- (ii) if there was no transaction—the happening of the event because of which an entry is required to be made in the register.\n- (i) the agreement for the transaction or, if it is later, the completion of the transaction; or\n- (ii) if there was no transaction—the happening of the event because of which an entry is required to be made in the register.\n- (a) by a member of the society, without fee; and\n- (b) by another person, on payment for each inspection of the amount (if any) prescribed by the society’s rules.","sortOrder":162},{"sectionNumber":"sec.132","sectionType":"section","heading":"Register of members","content":"### sec.132 Register of members\n\nA society must keep a register of members of the society and enter in the register—\nthe names and addresses of the members; and\nthe date of admission to membership; and\nany other information prescribed under a regulation.\nMaximum penalty—160 penalty units.\nThe register of members is evidence of membership of the society.\nA member is entitled to have access only to the part of the register of members in which particulars of his or her membership are entered.\nSubject to subsection (3) , a society may refuse to allow a person to have access to the register of members unless the person satisfies the society that the person requires access to—\ncall a meeting of members; or\nundertake some other activity approved by the registrar.\nBefore a society allows a person, who has satisfied the society under subsection (4) , to have access to the register of members, the society may require the person to enter into a contract with the society under which the person undertakes—\nto restrict access to the information obtained by the person from the register to persons identified in the contract; and\nto restrict use of the information obtained by the person from the register to a stated purpose.\ns 132 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.132-ssec.1) A society must keep a register of members of the society and enter in the register— the names and addresses of the members; and the date of admission to membership; and any other information prescribed under a regulation. Maximum penalty—160 penalty units.\n(sec.132-ssec.2) The register of members is evidence of membership of the society.\n(sec.132-ssec.3) A member is entitled to have access only to the part of the register of members in which particulars of his or her membership are entered.\n(sec.132-ssec.4) Subject to subsection (3) , a society may refuse to allow a person to have access to the register of members unless the person satisfies the society that the person requires access to— call a meeting of members; or undertake some other activity approved by the registrar.\n(sec.132-ssec.5) Before a society allows a person, who has satisfied the society under subsection (4) , to have access to the register of members, the society may require the person to enter into a contract with the society under which the person undertakes— to restrict access to the information obtained by the person from the register to persons identified in the contract; and to restrict use of the information obtained by the person from the register to a stated purpose.\n- (a) the names and addresses of the members; and\n- (b) the date of admission to membership; and\n- (c) any other information prescribed under a regulation.\n- (a) call a meeting of members; or\n- (b) undertake some other activity approved by the registrar.\n- (a) to restrict access to the information obtained by the person from the register to persons identified in the contract; and\n- (b) to restrict use of the information obtained by the person from the register to a stated purpose.","sortOrder":163},{"sectionNumber":"sec.133","sectionType":"section","heading":"Inspection of documents at society’s registered office","content":"### sec.133 Inspection of documents at society’s registered office\n\nA society must keep a copy of the following documents at its registered office available for inspection without fee by members of the society, persons eligible for membership of the society and its creditors—\nthis Act and the regulation;\nthe society’s rules;\neach management contract for the society;\nthe society’s last accounts, together with a copy of the report of the auditor on the accounts;\nthe last directors’ report under section 144 .\n- (a) this Act and the regulation;\n- (b) the society’s rules;\n- (c) each management contract for the society;\n- (d) the society’s last accounts, together with a copy of the report of the auditor on the accounts;\n- (e) the last directors’ report under section 144 .","sortOrder":164},{"sectionNumber":"sec.134","sectionType":"section","heading":"Members entitled to particulars of their financial position","content":"### sec.134 Members entitled to particulars of their financial position\n\nA society must, on being asked by a member of the society, give the member particulars of the person’s financial position with the society as a member or borrower.","sortOrder":165},{"sectionNumber":"sec.135","sectionType":"section","heading":"Members entitled to copies of registers","content":"### sec.135 Members entitled to copies of registers\n\nThis section applies if a member of a society asks the society to give the member a copy of a register or a part of a register kept by the society under this Act.\nThis section is subject to section 132 (4) .\nThe society must send the copy to the member—\nif the society requires payment of an amount prescribed by the society’s rules—within 21 days after payment of the amount is received by the society, or within a longer period approved by the registrar; or\nif the society does not require payment of an amount—within 21 days after the request is made, or within a longer period approved by the registrar.\nMaximum penalty for subsection (3) —80 penalty units.\ns 135 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.135-ssec.1) This section applies if a member of a society asks the society to give the member a copy of a register or a part of a register kept by the society under this Act.\n(sec.135-ssec.2) This section is subject to section 132 (4) .\n(sec.135-ssec.3) The society must send the copy to the member— if the society requires payment of an amount prescribed by the society’s rules—within 21 days after payment of the amount is received by the society, or within a longer period approved by the registrar; or if the society does not require payment of an amount—within 21 days after the request is made, or within a longer period approved by the registrar. Maximum penalty for subsection (3) —80 penalty units.\n- (a) if the society requires payment of an amount prescribed by the society’s rules—within 21 days after payment of the amount is received by the society, or within a longer period approved by the registrar; or\n- (b) if the society does not require payment of an amount—within 21 days after the request is made, or within a longer period approved by the registrar.","sortOrder":166},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Accounts","content":"## Accounts","sortOrder":167},{"sectionNumber":"sec.136","sectionType":"section","heading":"Financial year","content":"### sec.136 Financial year\n\nThe financial year of a society is from 1 January to 31 December.\nIf a society is registered (other than because of a merger) on a day falling between 1 July and 31 December in any year, its first financial year may, if the society elects, extend to 31 December in the following year.\n(sec.136-ssec.1) The financial year of a society is from 1 January to 31 December.\n(sec.136-ssec.2) If a society is registered (other than because of a merger) on a day falling between 1 July and 31 December in any year, its first financial year may, if the society elects, extend to 31 December in the following year.","sortOrder":168},{"sectionNumber":"sec.137","sectionType":"section","heading":"Accounting records to be kept","content":"### sec.137 Accounting records to be kept\n\nA society must—\nkeep accounting records that correctly record and explain the society’s transactions and financial position; and\nkeep the accounting records in a way that will enable—\ntrue and fair accounts of the society to be prepared periodically; and\nthe society’s accounts to be conveniently and properly audited under this part; and\nkeep the accounting records for 7 years after the completion of the transactions to which they relate; and\nkeep the accounting records in writing in the English language or so as to enable the records to be readily accessible and readily convertible into writing in the English language; and\nkeep the accounting records at the society’s registered office.\nMaximum penalty—400 penalty units.\n- (a) keep accounting records that correctly record and explain the society’s transactions and financial position; and\n- (b) keep the accounting records in a way that will enable— (i) true and fair accounts of the society to be prepared periodically; and (ii) the society’s accounts to be conveniently and properly audited under this part; and\n- (i) true and fair accounts of the society to be prepared periodically; and\n- (ii) the society’s accounts to be conveniently and properly audited under this part; and\n- (c) keep the accounting records for 7 years after the completion of the transactions to which they relate; and\n- (d) keep the accounting records in writing in the English language or so as to enable the records to be readily accessible and readily convertible into writing in the English language; and\n- (e) keep the accounting records at the society’s registered office.\n- (i) true and fair accounts of the society to be prepared periodically; and\n- (ii) the society’s accounts to be conveniently and properly audited under this part; and","sortOrder":169},{"sectionNumber":"sec.138","sectionType":"section","heading":"Inspection of accounting records","content":"### sec.138 Inspection of accounting records\n\nA society must make its accounting records available at all reasonable times for inspection without fee by a director of the society and by anyone else authorised or permitted under this Act to inspect the accounting records.\nMaximum penalty—160 penalty units.\nThe Supreme Court may, on application by a director of a society, make an order authorising a registered company auditor acting for the director to inspect the society’s accounting records.\nA registered company auditor who inspects accounting records under a court order must not disclose to a person other than the director on whose application the order was made information acquired during the inspection.\nMaximum penalty—160 penalty units.\nThe cost of an inspection conducted under a court order must be met by the society.\n(sec.138-ssec.1) A society must make its accounting records available at all reasonable times for inspection without fee by a director of the society and by anyone else authorised or permitted under this Act to inspect the accounting records. Maximum penalty—160 penalty units.\n(sec.138-ssec.2) The Supreme Court may, on application by a director of a society, make an order authorising a registered company auditor acting for the director to inspect the society’s accounting records.\n(sec.138-ssec.3) A registered company auditor who inspects accounting records under a court order must not disclose to a person other than the director on whose application the order was made information acquired during the inspection. Maximum penalty—160 penalty units.\n(sec.138-ssec.4) The cost of an inspection conducted under a court order must be met by the society.","sortOrder":170},{"sectionNumber":"sec.139","sectionType":"section","heading":"Profit and loss account and balance sheet","content":"### sec.139 Profit and loss account and balance sheet\n\nThe directors of a society must, before the day on which notice of an annual general meeting of the society is given or, if an annual general meeting is not held within the period within which it is required by section 122 to be held, not less than 3 weeks before the end of the period, cause to be prepared—\na profit and loss account for the last financial year giving a true and fair view of the society’s profit or loss for that financial year; and\na balance sheet as at the end of the last financial year giving a true and fair view of the society’s state of affairs as at the end of that financial year.\n- (a) a profit and loss account for the last financial year giving a true and fair view of the society’s profit or loss for that financial year; and\n- (b) a balance sheet as at the end of the last financial year giving a true and fair view of the society’s state of affairs as at the end of that financial year.","sortOrder":171},{"sectionNumber":"sec.140","sectionType":"section","heading":"Audit","content":"### sec.140 Audit\n\nThe directors of a society must take reasonable steps to ensure the society’s accounts are audited as required by this part before the day before which the accounts are required by this division to have been prepared.\nThe directors of a society must cause to be attached to, or endorsed on, the accounts the auditor’s report given to the directors under division 5 .\n(sec.140-ssec.1) The directors of a society must take reasonable steps to ensure the society’s accounts are audited as required by this part before the day before which the accounts are required by this division to have been prepared.\n(sec.140-ssec.2) The directors of a society must cause to be attached to, or endorsed on, the accounts the auditor’s report given to the directors under division 5 .","sortOrder":172},{"sectionNumber":"sec.141","sectionType":"section","heading":"Directors to ascertain certain matters","content":"### sec.141 Directors to ascertain certain matters\n\nBefore the profit and loss account and balance sheet are prepared, the directors of a society must take reasonable steps—\nto ascertain what action has been taken in relation to the writing off of bad debts and the making of provisions for doubtful debts and to cause all known bad debts to be written off and adequate provision to be made for doubtful debts; and\nto ascertain whether any current assets, other than current assets to which paragraph (a) applies, are unlikely to realise in the ordinary course of business their value as shown in the society’s accounting records and, if so, to cause—\nthose assets to be written down to an amount they might be expected so to realise; or\nadequate provision to be made for the difference between the amount of the value as so shown and the amount they might be expected so to realise; and\nto ascertain whether any non-current asset is shown in the society’s documents at an amount that, having regard to its value to the society as a going concern, is more than the amount it would have been reasonable for the society to spend to acquire the asset as at the end of the financial year and, unless adequate provision for writing down the asset is made, to cause to be included in the accounts information and explanations to prevent the accounts from being misleading because of the overstatement of the amount of the asset.\n- (a) to ascertain what action has been taken in relation to the writing off of bad debts and the making of provisions for doubtful debts and to cause all known bad debts to be written off and adequate provision to be made for doubtful debts; and\n- (b) to ascertain whether any current assets, other than current assets to which paragraph (a) applies, are unlikely to realise in the ordinary course of business their value as shown in the society’s accounting records and, if so, to cause— (i) those assets to be written down to an amount they might be expected so to realise; or (ii) adequate provision to be made for the difference between the amount of the value as so shown and the amount they might be expected so to realise; and\n- (i) those assets to be written down to an amount they might be expected so to realise; or\n- (ii) adequate provision to be made for the difference between the amount of the value as so shown and the amount they might be expected so to realise; and\n- (c) to ascertain whether any non-current asset is shown in the society’s documents at an amount that, having regard to its value to the society as a going concern, is more than the amount it would have been reasonable for the society to spend to acquire the asset as at the end of the financial year and, unless adequate provision for writing down the asset is made, to cause to be included in the accounts information and explanations to prevent the accounts from being misleading because of the overstatement of the amount of the asset.\n- (i) those assets to be written down to an amount they might be expected so to realise; or\n- (ii) adequate provision to be made for the difference between the amount of the value as so shown and the amount they might be expected so to realise; and","sortOrder":173},{"sectionNumber":"sec.142","sectionType":"section","heading":"Requirements applying to accounts","content":"### sec.142 Requirements applying to accounts\n\nThe directors of a society must ensure the accounts—\ncomply with the requirements prescribed under a regulation or in a standard; and\ncomply with applicable accounting standards.\nThe registrar may, by gazette notice, declare an accounting standard to be an applicable accounting standard for a society’s accounts, with the changes stated in the notice.\nThe registrar may, by gazette notice, vary or revoke the notice.\nIf accounts prepared under subsection (1) would not otherwise give a true and fair view of the matters required by this section to be dealt with in the accounts, the society’s directors must add the information and explanations necessary to give a true and fair view of the matters.\ns 142 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.142-ssec.1) The directors of a society must ensure the accounts— comply with the requirements prescribed under a regulation or in a standard; and comply with applicable accounting standards.\n(sec.142-ssec.2) The registrar may, by gazette notice, declare an accounting standard to be an applicable accounting standard for a society’s accounts, with the changes stated in the notice.\n(sec.142-ssec.3) The registrar may, by gazette notice, vary or revoke the notice.\n(sec.142-ssec.4) If accounts prepared under subsection (1) would not otherwise give a true and fair view of the matters required by this section to be dealt with in the accounts, the society’s directors must add the information and explanations necessary to give a true and fair view of the matters.\n- (a) comply with the requirements prescribed under a regulation or in a standard; and\n- (b) comply with applicable accounting standards.","sortOrder":174},{"sectionNumber":"sec.143","sectionType":"section","heading":"Directors’ statement","content":"### sec.143 Directors’ statement\n\nThe directors of a society must cause to be attached to the accounts required to be laid before an annual general meeting, before the auditor reports on those accounts, a statement made under a resolution of the directors and signed by not less than 2 directors stating whether in the opinion of the directors—\nthe profit and loss account is drawn up so as to give a true and fair view of the society’s profit or loss for the financial year; and\nthe balance sheet is drawn up so as to give a true and fair view of the society’s state of affairs as at the end of the financial year; and\nas at the date of the statement, there are reasonable grounds to believe that the society will be able to pay its debts as and when they are payable.\nThe directors of a society must—\nin forming an opinion on the matters mentioned in subsection (1) (a) and (b) for a statement under the subsection—have regard to circumstances that have arisen and information that has become available, since the end of the financial year to which the accounts relate, being circumstances or information that would, if the accounts were being prepared when the statement is made, have affected the determination of an amount or a particular in the accounts; and\nif adjustments have not been made in the accounts to reflect circumstances or information of a kind mentioned in paragraph (a) , being circumstances or information relevant to an understanding of the accounts, or of an amount or particular in the accounts—include in the statement information and explanations to prevent the accounts, or the amount or particular, from being misleading as a result of the adjustments not having been made.\n(sec.143-ssec.1) The directors of a society must cause to be attached to the accounts required to be laid before an annual general meeting, before the auditor reports on those accounts, a statement made under a resolution of the directors and signed by not less than 2 directors stating whether in the opinion of the directors— the profit and loss account is drawn up so as to give a true and fair view of the society’s profit or loss for the financial year; and the balance sheet is drawn up so as to give a true and fair view of the society’s state of affairs as at the end of the financial year; and as at the date of the statement, there are reasonable grounds to believe that the society will be able to pay its debts as and when they are payable.\n(sec.143-ssec.2) The directors of a society must— in forming an opinion on the matters mentioned in subsection (1) (a) and (b) for a statement under the subsection—have regard to circumstances that have arisen and information that has become available, since the end of the financial year to which the accounts relate, being circumstances or information that would, if the accounts were being prepared when the statement is made, have affected the determination of an amount or a particular in the accounts; and if adjustments have not been made in the accounts to reflect circumstances or information of a kind mentioned in paragraph (a) , being circumstances or information relevant to an understanding of the accounts, or of an amount or particular in the accounts—include in the statement information and explanations to prevent the accounts, or the amount or particular, from being misleading as a result of the adjustments not having been made.\n- (a) the profit and loss account is drawn up so as to give a true and fair view of the society’s profit or loss for the financial year; and\n- (b) the balance sheet is drawn up so as to give a true and fair view of the society’s state of affairs as at the end of the financial year; and\n- (c) as at the date of the statement, there are reasonable grounds to believe that the society will be able to pay its debts as and when they are payable.\n- (a) in forming an opinion on the matters mentioned in subsection (1) (a) and (b) for a statement under the subsection—have regard to circumstances that have arisen and information that has become available, since the end of the financial year to which the accounts relate, being circumstances or information that would, if the accounts were being prepared when the statement is made, have affected the determination of an amount or a particular in the accounts; and\n- (b) if adjustments have not been made in the accounts to reflect circumstances or information of a kind mentioned in paragraph (a) , being circumstances or information relevant to an understanding of the accounts, or of an amount or particular in the accounts—include in the statement information and explanations to prevent the accounts, or the amount or particular, from being misleading as a result of the adjustments not having been made.","sortOrder":175},{"sectionNumber":"sec.144","sectionType":"section","heading":"Directors’ reports","content":"### sec.144 Directors’ reports\n\nThe directors of a society must, before (but not more than 3 weeks before) the day before which the accounts for its last financial year are required under this division to be prepared, cause to be prepared a report, prepared under a resolution of the directors and signed by at least 2 directors—\nstating the names of the directors in office at the date of the report and stating for each director—\nthe qualifications, experience and special responsibilities (if any) of the director; and\nany interest of the director in a contract or proposed contract with the society, being an interest declared by the director under division 1 since the commencement or the date on which particulars were last given under this paragraph; and\nstating that—\nthe society keeps a register under section 131 containing information about the directors; and\nthe register is open for inspection—\nby a member of the society, without fee; and\nby anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\nstating—\nthe society’s principal activities during its last financial year and any significant change in the nature of the activities that happened during that financial year; and\nthe net amount of the society’s profit or loss for that financial year after provision for income tax; and\ncontaining a review of the society’s operations during that financial year and of the results of the operations; and\ngiving particulars of any significant change in the society’s state of affairs that happened during that financial year; and\ngiving particulars of any matter or circumstance that has arisen since the end of that financial year and that has significantly affected or may significantly affect—\nthe society’s operations; or\nthe results of those operations; or\nthe society’s state of affairs;\nin financial years after that financial year; and\nreferring to—\nlikely developments in the society’s operations; and\nthe expected results of those operations;\nin financial years after that financial year.\nIf, in the opinion of the directors of a society, it would prejudice the society’s interests if particular information required under subsection (1) (g) were to be included in a report—\nthe information need not be so included; and\nthe report must contain a statement that some or all of the information required under subsection (1) (g) has not been included in the report.\nThe report must state whether or not, during the financial year or since the end of the financial year, a director has received, or has become entitled to receive, a benefit because of a contract made (during that or any other financial year) with the society by—\nthe director; or\na firm of which the director is a member; or\nan entity in which the director has a substantial financial interest.\nIf so, the report must state the general nature of each benefit that a director has received or to which a director has become entitled.\nSubsections (3) and (4) do not apply to—\na benefit included in the total amount of emoluments received, or due and receivable, by directors shown under a regulation in force under section 142 (1) (a) ; or\nthe fixed salary of a full-time employee of the society; or\nthe provision of financial accommodation to a director that—\ndoes not contravene section 114 ; and\nis shown in the society’s accounts as required by an applicable accounting standard.\nSubsection (7) applies if there is attached to or included with a report of the directors (the first report ) laid before a society at its annual general meeting a statement, report or other document about the society’s affairs, not being a statement, report or document required by this Act to be laid before the society in general meeting.\nFor section 226 , the statement, report or other document, is taken to be part of the first report.\n(sec.144-ssec.1) The directors of a society must, before (but not more than 3 weeks before) the day before which the accounts for its last financial year are required under this division to be prepared, cause to be prepared a report, prepared under a resolution of the directors and signed by at least 2 directors— stating the names of the directors in office at the date of the report and stating for each director— the qualifications, experience and special responsibilities (if any) of the director; and any interest of the director in a contract or proposed contract with the society, being an interest declared by the director under division 1 since the commencement or the date on which particulars were last given under this paragraph; and stating that— the society keeps a register under section 131 containing information about the directors; and the register is open for inspection— by a member of the society, without fee; and by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and stating— the society’s principal activities during its last financial year and any significant change in the nature of the activities that happened during that financial year; and the net amount of the society’s profit or loss for that financial year after provision for income tax; and containing a review of the society’s operations during that financial year and of the results of the operations; and giving particulars of any significant change in the society’s state of affairs that happened during that financial year; and giving particulars of any matter or circumstance that has arisen since the end of that financial year and that has significantly affected or may significantly affect— the society’s operations; or the results of those operations; or the society’s state of affairs; in financial years after that financial year; and referring to— likely developments in the society’s operations; and the expected results of those operations; in financial years after that financial year.\n(sec.144-ssec.2) If, in the opinion of the directors of a society, it would prejudice the society’s interests if particular information required under subsection (1) (g) were to be included in a report— the information need not be so included; and the report must contain a statement that some or all of the information required under subsection (1) (g) has not been included in the report.\n(sec.144-ssec.3) The report must state whether or not, during the financial year or since the end of the financial year, a director has received, or has become entitled to receive, a benefit because of a contract made (during that or any other financial year) with the society by— the director; or a firm of which the director is a member; or an entity in which the director has a substantial financial interest.\n(sec.144-ssec.4) If so, the report must state the general nature of each benefit that a director has received or to which a director has become entitled.\n(sec.144-ssec.5) Subsections (3) and (4) do not apply to— a benefit included in the total amount of emoluments received, or due and receivable, by directors shown under a regulation in force under section 142 (1) (a) ; or the fixed salary of a full-time employee of the society; or the provision of financial accommodation to a director that— does not contravene section 114 ; and is shown in the society’s accounts as required by an applicable accounting standard.\n(sec.144-ssec.6) Subsection (7) applies if there is attached to or included with a report of the directors (the first report ) laid before a society at its annual general meeting a statement, report or other document about the society’s affairs, not being a statement, report or document required by this Act to be laid before the society in general meeting.\n(sec.144-ssec.7) For section 226 , the statement, report or other document, is taken to be part of the first report.\n- (a) stating the names of the directors in office at the date of the report and stating for each director— (i) the qualifications, experience and special responsibilities (if any) of the director; and (ii) any interest of the director in a contract or proposed contract with the society, being an interest declared by the director under division 1 since the commencement or the date on which particulars were last given under this paragraph; and\n- (i) the qualifications, experience and special responsibilities (if any) of the director; and\n- (ii) any interest of the director in a contract or proposed contract with the society, being an interest declared by the director under division 1 since the commencement or the date on which particulars were last given under this paragraph; and\n- (b) stating that— (i) the society keeps a register under section 131 containing information about the directors; and (ii) the register is open for inspection— (A) by a member of the society, without fee; and (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (i) the society keeps a register under section 131 containing information about the directors; and\n- (ii) the register is open for inspection— (A) by a member of the society, without fee; and (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (A) by a member of the society, without fee; and\n- (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (c) stating— (i) the society’s principal activities during its last financial year and any significant change in the nature of the activities that happened during that financial year; and (ii) the net amount of the society’s profit or loss for that financial year after provision for income tax; and\n- (i) the society’s principal activities during its last financial year and any significant change in the nature of the activities that happened during that financial year; and\n- (ii) the net amount of the society’s profit or loss for that financial year after provision for income tax; and\n- (d) containing a review of the society’s operations during that financial year and of the results of the operations; and\n- (e) giving particulars of any significant change in the society’s state of affairs that happened during that financial year; and\n- (f) giving particulars of any matter or circumstance that has arisen since the end of that financial year and that has significantly affected or may significantly affect— (i) the society’s operations; or (ii) the results of those operations; or (iii) the society’s state of affairs; in financial years after that financial year; and\n- (i) the society’s operations; or\n- (ii) the results of those operations; or\n- (iii) the society’s state of affairs;\n- (g) referring to— (i) likely developments in the society’s operations; and (ii) the expected results of those operations; in financial years after that financial year.\n- (i) likely developments in the society’s operations; and\n- (ii) the expected results of those operations;\n- (i) the qualifications, experience and special responsibilities (if any) of the director; and\n- (ii) any interest of the director in a contract or proposed contract with the society, being an interest declared by the director under division 1 since the commencement or the date on which particulars were last given under this paragraph; and\n- (i) the society keeps a register under section 131 containing information about the directors; and\n- (ii) the register is open for inspection— (A) by a member of the society, without fee; and (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (A) by a member of the society, without fee; and\n- (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (A) by a member of the society, without fee; and\n- (B) by anyone else, on payment of the amount (if any) prescribed by the society’s rules; and\n- (i) the society’s principal activities during its last financial year and any significant change in the nature of the activities that happened during that financial year; and\n- (ii) the net amount of the society’s profit or loss for that financial year after provision for income tax; and\n- (i) the society’s operations; or\n- (ii) the results of those operations; or\n- (iii) the society’s state of affairs;\n- (i) likely developments in the society’s operations; and\n- (ii) the expected results of those operations;\n- (a) the information need not be so included; and\n- (b) the report must contain a statement that some or all of the information required under subsection (1) (g) has not been included in the report.\n- (a) the director; or\n- (b) a firm of which the director is a member; or\n- (c) an entity in which the director has a substantial financial interest.\n- (a) a benefit included in the total amount of emoluments received, or due and receivable, by directors shown under a regulation in force under section 142 (1) (a) ; or\n- (b) the fixed salary of a full-time employee of the society; or\n- (c) the provision of financial accommodation to a director that— (i) does not contravene section 114 ; and (ii) is shown in the society’s accounts as required by an applicable accounting standard.\n- (i) does not contravene section 114 ; and\n- (ii) is shown in the society’s accounts as required by an applicable accounting standard.\n- (i) does not contravene section 114 ; and\n- (ii) is shown in the society’s accounts as required by an applicable accounting standard.","sortOrder":176},{"sectionNumber":"sec.145","sectionType":"section","heading":"Accounts and reports to be laid before annual general meeting","content":"### sec.145 Accounts and reports to be laid before annual general meeting\n\nThe directors of a society must cause to be laid before each annual general meeting of the society—\na copy of the accounts made out under section 139 for the society’s last financial year; and\na copy of the auditor’s report required by section 140 to be attached to or endorsed upon the accounts; and\na copy of the statement by the directors required by section 143 to be attached to the accounts; and\na copy of the directors’ report made out under section 144 for that financial year.\nCopies of the accounts, statements and reports required to be laid before an annual general meeting by subsection (l) must be made available to the society’s members at the registered office from the day before which the documents are required under this division to have been prepared until the holding of the annual general meeting.\n(sec.145-ssec.1) The directors of a society must cause to be laid before each annual general meeting of the society— a copy of the accounts made out under section 139 for the society’s last financial year; and a copy of the auditor’s report required by section 140 to be attached to or endorsed upon the accounts; and a copy of the statement by the directors required by section 143 to be attached to the accounts; and a copy of the directors’ report made out under section 144 for that financial year.\n(sec.145-ssec.2) Copies of the accounts, statements and reports required to be laid before an annual general meeting by subsection (l) must be made available to the society’s members at the registered office from the day before which the documents are required under this division to have been prepared until the holding of the annual general meeting.\n- (a) a copy of the accounts made out under section 139 for the society’s last financial year; and\n- (b) a copy of the auditor’s report required by section 140 to be attached to or endorsed upon the accounts; and\n- (c) a copy of the statement by the directors required by section 143 to be attached to the accounts; and\n- (d) a copy of the directors’ report made out under section 144 for that financial year.","sortOrder":177},{"sectionNumber":"sec.146","sectionType":"section","heading":"Contravention of division","content":"### sec.146 Contravention of division\n\nA director of a society must take reasonable steps to comply with or secure compliance with a provision of this division.\nMaximum penalty—\n1600 penalty units or 2 years imprisonment, if the offence is committed with intent to deceive or defraud creditors of the society or creditors of any other person or for a fraudulent purpose; or\n400 penalty units in any other case.\nIn a proceeding against a person for an offence against subsection (1) arising out of the accounts of a society not complying with an applicable accounting standard, the onus of proving that the accounts would not, if prepared under the standard, have given a true and fair view of the matters required by this division to be dealt with in the accounts lies on that person.\nIn a proceeding for an offence against subsection (1) arising out of an omission from the accounts of a society, it is a defence to prove that the information omitted was immaterial and did not affect the giving of a true and fair view of the matters required by this division to be dealt with in the accounts.\nSubsection (5) applies if, after the end of the period within which the accounts of a society or a report of the directors of a society is or are required under this division to be prepared, the registrar, by written notice to each of the directors, requires the directors to produce the accounts or report to a person stated in the notice on a stated date and at a stated place, and the directors fail to produce the accounts or report as required by the notice.\nIn a proceeding for a failure to comply with the requirements of this division, proof of the failure to produce the accounts or report as required by the notice is evidence that the accounts or report were not prepared within the period.\ns 146 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.146-ssec.1) A director of a society must take reasonable steps to comply with or secure compliance with a provision of this division. Maximum penalty— 1600 penalty units or 2 years imprisonment, if the offence is committed with intent to deceive or defraud creditors of the society or creditors of any other person or for a fraudulent purpose; or 400 penalty units in any other case.\n(sec.146-ssec.2) In a proceeding against a person for an offence against subsection (1) arising out of the accounts of a society not complying with an applicable accounting standard, the onus of proving that the accounts would not, if prepared under the standard, have given a true and fair view of the matters required by this division to be dealt with in the accounts lies on that person.\n(sec.146-ssec.3) In a proceeding for an offence against subsection (1) arising out of an omission from the accounts of a society, it is a defence to prove that the information omitted was immaterial and did not affect the giving of a true and fair view of the matters required by this division to be dealt with in the accounts.\n(sec.146-ssec.4) Subsection (5) applies if, after the end of the period within which the accounts of a society or a report of the directors of a society is or are required under this division to be prepared, the registrar, by written notice to each of the directors, requires the directors to produce the accounts or report to a person stated in the notice on a stated date and at a stated place, and the directors fail to produce the accounts or report as required by the notice.\n(sec.146-ssec.5) In a proceeding for a failure to comply with the requirements of this division, proof of the failure to produce the accounts or report as required by the notice is evidence that the accounts or report were not prepared within the period.\n- (a) 1600 penalty units or 2 years imprisonment, if the offence is committed with intent to deceive or defraud creditors of the society or creditors of any other person or for a fraudulent purpose; or\n- (b) 400 penalty units in any other case.","sortOrder":178},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":179},{"sectionNumber":"sec.147","sectionType":"section","heading":"Meaning of officer for ss 148 – 149","content":"### sec.147 Meaning of officer for ss 148 – 149\n\nIn sections 148 and 149 —\nofficer of a society includes a receiver who is not also a manager.\nFor sections 148 and 149 (1) , a person is taken to be an officer of a society if the person has, at any time during the last 12 months, been an officer or promoter of the society.\nHowever, the registrar may direct that subsection (2) does not apply to the person.\nFor sections 148 and 149 , a person is not taken to be an officer of a society only because of—\nbeing, or having been, the liquidator of the society; or\nhaving been appointed as auditor of the society; or\nbeing, or having been, authorised to accept, on behalf of the society, service of process or notices required to be served on the society.\ns 147 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.147-ssec.1) In sections 148 and 149 — officer of a society includes a receiver who is not also a manager.\n(sec.147-ssec.2) For sections 148 and 149 (1) , a person is taken to be an officer of a society if the person has, at any time during the last 12 months, been an officer or promoter of the society.\n(sec.147-ssec.3) However, the registrar may direct that subsection (2) does not apply to the person.\n(sec.147-ssec.4) For sections 148 and 149 , a person is not taken to be an officer of a society only because of— being, or having been, the liquidator of the society; or having been appointed as auditor of the society; or being, or having been, authorised to accept, on behalf of the society, service of process or notices required to be served on the society.\n- (a) being, or having been, the liquidator of the society; or\n- (b) having been appointed as auditor of the society; or\n- (c) being, or having been, authorised to accept, on behalf of the society, service of process or notices required to be served on the society.","sortOrder":180},{"sectionNumber":"sec.148","sectionType":"section","heading":"Person as society’s auditor","content":"### sec.148 Person as society’s auditor\n\nA person must not—\nconsent to be appointed as auditor of a society; or\nact as auditor of a society; or\nprepare a report required by this Act to be prepared by a registered company auditor or by an auditor of a society;\nif—\nthe person is not a registered company auditor; or\nthe person is indebted in an amount of more than $5000 to the society; or\nthe person—\nis an officer of the society; or\nis a partner, employer or employee of an officer of the society; or\nis a partner or employee of an employee of an officer of the society.\nMaximum penalty—160 penalty units.\n- (a) consent to be appointed as auditor of a society; or\n- (b) act as auditor of a society; or\n- (c) prepare a report required by this Act to be prepared by a registered company auditor or by an auditor of a society;\n- (d) the person is not a registered company auditor; or\n- (e) the person is indebted in an amount of more than $5000 to the society; or\n- (f) the person— (i) is an officer of the society; or (ii) is a partner, employer or employee of an officer of the society; or (iii) is a partner or employee of an employee of an officer of the society.\n- (i) is an officer of the society; or\n- (ii) is a partner, employer or employee of an officer of the society; or\n- (iii) is a partner or employee of an employee of an officer of the society.\n- (i) is an officer of the society; or\n- (ii) is a partner, employer or employee of an officer of the society; or\n- (iii) is a partner or employee of an employee of an officer of the society.","sortOrder":181},{"sectionNumber":"sec.149","sectionType":"section","heading":"Firm as society’s auditor","content":"### sec.149 Firm as society’s auditor\n\nA firm must not—\nconsent to be appointed as auditor of a society; or\nact as auditor of a society; or\nprepare a report required by this Act to be prepared by a registered company auditor or by an auditor of a society;\nunless—\nat least 1 member of the firm is a registered company auditor; and\nif the business name under which the firm is carrying on business is not registered under the law of the State relating to business names—there has been filed with the registrar a return in the approved form showing, for each member of the firm, the member’s full name and address as at the time when the firm so consents, acts or prepares a report; and\nneither the firm nor the member of the firm responsible for conducting the audit, or signing the report, is indebted in an amount of more than $5000 to the society; and\nno member of the firm is—\nan officer of the society; or\na partner, employer or employee of an officer of the society; or\na partner or employee of an employee of an officer of the society; and\nno officer of the society receives remuneration from the firm for acting as a consultant to it on accounting or auditing matters.\nThe appointment of a firm as auditor of a society is taken to be an appointment of all persons who are members of the firm and are registered company auditors, whether resident in Australia or not, as at the date of the appointment.\nIf a firm that has been appointed as auditor of a society is reconstituted because of the death, retirement or withdrawal of a member or members or because of the admission of a new member or new members, or both—\na person who was auditor because of subsection (2) and who has retired or withdrawn from the firm as previously constituted is taken to have resigned as auditor as from the day of the retirement or withdrawal but, unless the person was the only member of the firm who was a registered company auditor and, after the person’s retirement or withdrawal, there is no member of the firm who is a registered company auditor, sections 154 and 155 do not apply to the resignation; and\na person who is a registered company auditor and who is admitted to the firm is taken to have been appointed as an auditor of the society as from the date of admission to the firm; and\nthe reconstitution of the firm does not affect the appointment of the continuing members of the firm who are registered company auditors as auditors of the society.\nSubsection (3) does not affect the operation of subsection (1) .\nExcept as provided by subsection (3) , the appointment of the members of a firm as auditors of a society because of the appointment of the firm as auditor of the society is not affected by the dissolution of the firm.\nA report or notice purporting to be made or given by a firm appointed as auditor of a society is not taken to be duly made or given unless it is signed in the firm name and in his or her own name by a member of the firm who is a registered company auditor.\nEach member of a firm must ensure the firm does not, in contravention of this section, consent to be appointed, or act as, auditor of a society, or prepare a report required by this Act to be prepared by an auditor of a society.\nMaximum penalty for subsection (7) —80 penalty units.\ns 149 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.149-ssec.1) A firm must not— consent to be appointed as auditor of a society; or act as auditor of a society; or prepare a report required by this Act to be prepared by a registered company auditor or by an auditor of a society; unless— at least 1 member of the firm is a registered company auditor; and if the business name under which the firm is carrying on business is not registered under the law of the State relating to business names—there has been filed with the registrar a return in the approved form showing, for each member of the firm, the member’s full name and address as at the time when the firm so consents, acts or prepares a report; and neither the firm nor the member of the firm responsible for conducting the audit, or signing the report, is indebted in an amount of more than $5000 to the society; and no member of the firm is— an officer of the society; or a partner, employer or employee of an officer of the society; or a partner or employee of an employee of an officer of the society; and no officer of the society receives remuneration from the firm for acting as a consultant to it on accounting or auditing matters.\n(sec.149-ssec.2) The appointment of a firm as auditor of a society is taken to be an appointment of all persons who are members of the firm and are registered company auditors, whether resident in Australia or not, as at the date of the appointment.\n(sec.149-ssec.3) If a firm that has been appointed as auditor of a society is reconstituted because of the death, retirement or withdrawal of a member or members or because of the admission of a new member or new members, or both— a person who was auditor because of subsection (2) and who has retired or withdrawn from the firm as previously constituted is taken to have resigned as auditor as from the day of the retirement or withdrawal but, unless the person was the only member of the firm who was a registered company auditor and, after the person’s retirement or withdrawal, there is no member of the firm who is a registered company auditor, sections 154 and 155 do not apply to the resignation; and a person who is a registered company auditor and who is admitted to the firm is taken to have been appointed as an auditor of the society as from the date of admission to the firm; and the reconstitution of the firm does not affect the appointment of the continuing members of the firm who are registered company auditors as auditors of the society.\n(sec.149-ssec.4) Subsection (3) does not affect the operation of subsection (1) .\n(sec.149-ssec.5) Except as provided by subsection (3) , the appointment of the members of a firm as auditors of a society because of the appointment of the firm as auditor of the society is not affected by the dissolution of the firm.\n(sec.149-ssec.6) A report or notice purporting to be made or given by a firm appointed as auditor of a society is not taken to be duly made or given unless it is signed in the firm name and in his or her own name by a member of the firm who is a registered company auditor.\n(sec.149-ssec.7) Each member of a firm must ensure the firm does not, in contravention of this section, consent to be appointed, or act as, auditor of a society, or prepare a report required by this Act to be prepared by an auditor of a society. Maximum penalty for subsection (7) —80 penalty units.\n- (a) consent to be appointed as auditor of a society; or\n- (b) act as auditor of a society; or\n- (c) prepare a report required by this Act to be prepared by a registered company auditor or by an auditor of a society;\n- (d) at least 1 member of the firm is a registered company auditor; and\n- (e) if the business name under which the firm is carrying on business is not registered under the law of the State relating to business names—there has been filed with the registrar a return in the approved form showing, for each member of the firm, the member’s full name and address as at the time when the firm so consents, acts or prepares a report; and\n- (f) neither the firm nor the member of the firm responsible for conducting the audit, or signing the report, is indebted in an amount of more than $5000 to the society; and\n- (g) no member of the firm is— (i) an officer of the society; or (ii) a partner, employer or employee of an officer of the society; or (iii) a partner or employee of an employee of an officer of the society; and\n- (i) an officer of the society; or\n- (ii) a partner, employer or employee of an officer of the society; or\n- (iii) a partner or employee of an employee of an officer of the society; and\n- (h) no officer of the society receives remuneration from the firm for acting as a consultant to it on accounting or auditing matters.\n- (i) an officer of the society; or\n- (ii) a partner, employer or employee of an officer of the society; or\n- (iii) a partner or employee of an employee of an officer of the society; and\n- (a) a person who was auditor because of subsection (2) and who has retired or withdrawn from the firm as previously constituted is taken to have resigned as auditor as from the day of the retirement or withdrawal but, unless the person was the only member of the firm who was a registered company auditor and, after the person’s retirement or withdrawal, there is no member of the firm who is a registered company auditor, sections 154 and 155 do not apply to the resignation; and\n- (b) a person who is a registered company auditor and who is admitted to the firm is taken to have been appointed as an auditor of the society as from the date of admission to the firm; and\n- (c) the reconstitution of the firm does not affect the appointment of the continuing members of the firm who are registered company auditors as auditors of the society.","sortOrder":182},{"sectionNumber":"sec.150","sectionType":"section","heading":"Person must not disqualify self etc. from acting as society’s auditor","content":"### sec.150 Person must not disqualify self etc. from acting as society’s auditor\n\nA person must not—\nif appointed auditor of a society—knowingly disqualify himself or herself while the appointment continues from acting as auditor of the society; or\nif a member of a firm that has been appointed auditor of a society—knowingly disqualify the firm while the appointment continues from acting as auditor of the society.\n- (a) if appointed auditor of a society—knowingly disqualify himself or herself while the appointment continues from acting as auditor of the society; or\n- (b) if a member of a firm that has been appointed auditor of a society—knowingly disqualify the firm while the appointment continues from acting as auditor of the society.","sortOrder":183},{"sectionNumber":"sec.151","sectionType":"section","heading":"Appointment of auditors","content":"### sec.151 Appointment of auditors\n\nIn this section, a reference to the appointment of a person or firm as auditor of a society includes a reference to the appointment of persons, firms, or a person or persons and a firm or firms, as auditors of the society.\nWithin 1 month of incorporation, the directors of a society must appoint, unless the society at a general meeting has appointed, a person or firm as auditor of the society.\nWithin 14 days of the appointment of the auditor, the society must give the registrar written notice of the appointment.\nMaximum penalty—80 penalty units.\nA person or firm appointed as auditor under subsection (2) holds office, subject to this division, until the society’s first annual general meeting.\nA society must—\nat its first annual general meeting appoint a person or firm as auditor of the society; and\nat each subsequent annual general meeting, if there is a vacancy in the office of auditor, appoint a person or firm to fill the vacancy.\nMaximum penalty—160 penalty units.\nA person or firm appointed as auditor under subsection (5) holds office—\nuntil ceasing to be capable of acting as auditor because of section 148 or 149 (1) ; or\nuntil death or removal or resignation from office under section 153 or 154 .\nWithin 1 month after a vacancy happens in the office of auditor of a society (other than a vacancy caused by the removal of an auditor from office), the directors must, if there is no surviving or continuing auditor of the society, appoint a person or firm to fill the vacancy unless the society at a general meeting has appointed a person or firm to fill the vacancy.\nWhile a vacancy in the office of auditor continues, the surviving or continuing auditor (if any) may act.\nA society must not, and the directors of a society must not, appoint a person or firm as auditor of the society unless the person or firm has, before the appointment, consented by written notice given to the society or to the directors to act as auditor and has not withdrawn consent by written notice given to the society or to the directors.\nA notice given by a firm must be signed in the firm name and in his or her own name by a member of the firm who is a registered company auditor.\nA purported appointment of a person or firm as auditor of a society in contravention of subsection (9) has no effect.\nIf an auditor of a society is removed from office at a general meeting under section 153 —\nthe society may at that meeting (without adjournment), by a resolution passed by a majority of its members as, being entitled so to do, vote in person, immediately appoint as auditor a person or firm to whom has been sent a copy of the notice of nomination under section 152 ; or\nif a resolution mentioned in paragraph (a) is not passed at that meeting, or could not be passed at that meeting only because a copy of the notice of nomination mentioned in the paragraph had not been sent to a person—\nthe meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting; and\nthe society may, at the adjourned meeting, by ordinary resolution, appoint as auditor a person or firm notice of whose nomination for appointment as auditor has been received by the society from a member of the society at least 14 clear days before the date of the adjourned meeting.\nIf after the removal from office of an auditor, the society fails to appoint another auditor under subsection (12) , the society must, within 7 days after the failure, notify the registrar of the failure.\nMaximum penalty—160 penalty units.\nAs soon as practicable after receiving a notice under subsection (13) , the registrar must, unless there is another auditor of the society whom the registrar believes is able to carry out the responsibilities of auditor alone and who agrees to continue as auditor, appoint as auditor a person or firm that has consented to be appointed.\nSubject to subsection (14) , if a society does not appoint an auditor when required by this division to do so, the registrar may, on the written application of a member of the society, appoint as auditor of the society a person or firm that has consented to be appointed.\nA person or firm appointed as auditor of a society under subsection (7) , (12) , (14) or (15) holds office, subject to this division, until the society’s next annual general meeting.\nA director of a society must take all reasonable steps to comply with, or to secure compliance with, subsection (2) or (7) .\nMaximum penalty—160 penalty units.\nA society that contravenes subsection (9) commits an offence.\nMaximum penalty for subsection (18) —80 penalty units.\ns 151 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.151-ssec.1) In this section, a reference to the appointment of a person or firm as auditor of a society includes a reference to the appointment of persons, firms, or a person or persons and a firm or firms, as auditors of the society.\n(sec.151-ssec.2) Within 1 month of incorporation, the directors of a society must appoint, unless the society at a general meeting has appointed, a person or firm as auditor of the society.\n(sec.151-ssec.3) Within 14 days of the appointment of the auditor, the society must give the registrar written notice of the appointment. Maximum penalty—80 penalty units.\n(sec.151-ssec.4) A person or firm appointed as auditor under subsection (2) holds office, subject to this division, until the society’s first annual general meeting.\n(sec.151-ssec.5) A society must— at its first annual general meeting appoint a person or firm as auditor of the society; and at each subsequent annual general meeting, if there is a vacancy in the office of auditor, appoint a person or firm to fill the vacancy. Maximum penalty—160 penalty units.\n(sec.151-ssec.6) A person or firm appointed as auditor under subsection (5) holds office— until ceasing to be capable of acting as auditor because of section 148 or 149 (1) ; or until death or removal or resignation from office under section 153 or 154 .\n(sec.151-ssec.7) Within 1 month after a vacancy happens in the office of auditor of a society (other than a vacancy caused by the removal of an auditor from office), the directors must, if there is no surviving or continuing auditor of the society, appoint a person or firm to fill the vacancy unless the society at a general meeting has appointed a person or firm to fill the vacancy.\n(sec.151-ssec.8) While a vacancy in the office of auditor continues, the surviving or continuing auditor (if any) may act.\n(sec.151-ssec.9) A society must not, and the directors of a society must not, appoint a person or firm as auditor of the society unless the person or firm has, before the appointment, consented by written notice given to the society or to the directors to act as auditor and has not withdrawn consent by written notice given to the society or to the directors.\n(sec.151-ssec.10) A notice given by a firm must be signed in the firm name and in his or her own name by a member of the firm who is a registered company auditor.\n(sec.151-ssec.11) A purported appointment of a person or firm as auditor of a society in contravention of subsection (9) has no effect.\n(sec.151-ssec.12) If an auditor of a society is removed from office at a general meeting under section 153 — the society may at that meeting (without adjournment), by a resolution passed by a majority of its members as, being entitled so to do, vote in person, immediately appoint as auditor a person or firm to whom has been sent a copy of the notice of nomination under section 152 ; or if a resolution mentioned in paragraph (a) is not passed at that meeting, or could not be passed at that meeting only because a copy of the notice of nomination mentioned in the paragraph had not been sent to a person— the meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting; and the society may, at the adjourned meeting, by ordinary resolution, appoint as auditor a person or firm notice of whose nomination for appointment as auditor has been received by the society from a member of the society at least 14 clear days before the date of the adjourned meeting.\n(sec.151-ssec.13) If after the removal from office of an auditor, the society fails to appoint another auditor under subsection (12) , the society must, within 7 days after the failure, notify the registrar of the failure. Maximum penalty—160 penalty units.\n(sec.151-ssec.14) As soon as practicable after receiving a notice under subsection (13) , the registrar must, unless there is another auditor of the society whom the registrar believes is able to carry out the responsibilities of auditor alone and who agrees to continue as auditor, appoint as auditor a person or firm that has consented to be appointed.\n(sec.151-ssec.15) Subject to subsection (14) , if a society does not appoint an auditor when required by this division to do so, the registrar may, on the written application of a member of the society, appoint as auditor of the society a person or firm that has consented to be appointed.\n(sec.151-ssec.16) A person or firm appointed as auditor of a society under subsection (7) , (12) , (14) or (15) holds office, subject to this division, until the society’s next annual general meeting.\n(sec.151-ssec.17) A director of a society must take all reasonable steps to comply with, or to secure compliance with, subsection (2) or (7) . Maximum penalty—160 penalty units.\n(sec.151-ssec.18) A society that contravenes subsection (9) commits an offence. Maximum penalty for subsection (18) —80 penalty units.\n- (a) at its first annual general meeting appoint a person or firm as auditor of the society; and\n- (b) at each subsequent annual general meeting, if there is a vacancy in the office of auditor, appoint a person or firm to fill the vacancy.\n- (a) until ceasing to be capable of acting as auditor because of section 148 or 149 (1) ; or\n- (b) until death or removal or resignation from office under section 153 or 154 .\n- (a) the society may at that meeting (without adjournment), by a resolution passed by a majority of its members as, being entitled so to do, vote in person, immediately appoint as auditor a person or firm to whom has been sent a copy of the notice of nomination under section 152 ; or\n- (b) if a resolution mentioned in paragraph (a) is not passed at that meeting, or could not be passed at that meeting only because a copy of the notice of nomination mentioned in the paragraph had not been sent to a person— (i) the meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting; and (ii) the society may, at the adjourned meeting, by ordinary resolution, appoint as auditor a person or firm notice of whose nomination for appointment as auditor has been received by the society from a member of the society at least 14 clear days before the date of the adjourned meeting.\n- (i) the meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting; and\n- (ii) the society may, at the adjourned meeting, by ordinary resolution, appoint as auditor a person or firm notice of whose nomination for appointment as auditor has been received by the society from a member of the society at least 14 clear days before the date of the adjourned meeting.\n- (i) the meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting; and\n- (ii) the society may, at the adjourned meeting, by ordinary resolution, appoint as auditor a person or firm notice of whose nomination for appointment as auditor has been received by the society from a member of the society at least 14 clear days before the date of the adjourned meeting.","sortOrder":184},{"sectionNumber":"sec.152","sectionType":"section","heading":"Nomination of auditors","content":"### sec.152 Nomination of auditors\n\nA society must not appoint a person or firm as auditor of the society at its annual general meeting, not being a meeting at which an auditor is removed from office, unless written notice of nomination of the person or firm as auditor was given to the society by a member—\nbefore the meeting was called; or\nnot less than 3 weeks before the meeting.\nA purported appointment of a person or firm as auditor of the society in contravention of subsection (1) has no effect.\nIf a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence.\nMaximum penalty—10 penalty units.\nIf notice of nomination of a person or firm for appointment as auditor is received by the society, whether for appointment at a meeting or an adjourned meeting mentioned in section 151 (12) or at an annual general meeting, the society must not less than 7 days before the meeting or when notice of the meeting is given—\nsend a copy of the notice of nomination to each person or firm nominated and to each auditor of the society; and\ncause a copy of the notice of nomination to be displayed in a conspicuous place at the society’s registered office until the day of the meeting.\nMaximum penalty—10 penalty units.\n(sec.152-ssec.1) A society must not appoint a person or firm as auditor of the society at its annual general meeting, not being a meeting at which an auditor is removed from office, unless written notice of nomination of the person or firm as auditor was given to the society by a member— before the meeting was called; or not less than 3 weeks before the meeting.\n(sec.152-ssec.2) A purported appointment of a person or firm as auditor of the society in contravention of subsection (1) has no effect.\n(sec.152-ssec.3) If a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence. Maximum penalty—10 penalty units.\n(sec.152-ssec.4) If notice of nomination of a person or firm for appointment as auditor is received by the society, whether for appointment at a meeting or an adjourned meeting mentioned in section 151 (12) or at an annual general meeting, the society must not less than 7 days before the meeting or when notice of the meeting is given— send a copy of the notice of nomination to each person or firm nominated and to each auditor of the society; and cause a copy of the notice of nomination to be displayed in a conspicuous place at the society’s registered office until the day of the meeting. Maximum penalty—10 penalty units.\n- (a) before the meeting was called; or\n- (b) not less than 3 weeks before the meeting.\n- (a) send a copy of the notice of nomination to each person or firm nominated and to each auditor of the society; and\n- (b) cause a copy of the notice of nomination to be displayed in a conspicuous place at the society’s registered office until the day of the meeting.","sortOrder":185},{"sectionNumber":"sec.153","sectionType":"section","heading":"Removal of auditors","content":"### sec.153 Removal of auditors\n\nAn auditor of a society may only be removed from office by—\nspecial resolution at a general meeting of the society; or\nthe registrar under section 48 (4) (e) .\nIf notice of a special resolution to remove an auditor is given, the society must immediately send a copy of the notice to the auditor and to the registrar.\nMaximum penalty—80 penalty units.\nWithin 7 days after receiving a copy of the notice, the auditor may make written representations of not more than a reasonable length to the society and ask that a copy of the representations be displayed by the society in a conspicuous place at the society’s registered office until the day of the meeting at which the resolution is to be considered.\nUnless the registrar, on the application of the society orders otherwise, the society must display a copy of the representations as required by the auditor, and the auditor may, without prejudice to the right to be heard orally or, if a firm is the auditor, to have a member of the firm heard orally on its behalf, require that the representations be read out at the meeting.\nMaximum penalty for subsection (4) —80 penalty units.\ns 153 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.153-ssec.1) An auditor of a society may only be removed from office by— special resolution at a general meeting of the society; or the registrar under section 48 (4) (e) .\n(sec.153-ssec.2) If notice of a special resolution to remove an auditor is given, the society must immediately send a copy of the notice to the auditor and to the registrar. Maximum penalty—80 penalty units.\n(sec.153-ssec.3) Within 7 days after receiving a copy of the notice, the auditor may make written representations of not more than a reasonable length to the society and ask that a copy of the representations be displayed by the society in a conspicuous place at the society’s registered office until the day of the meeting at which the resolution is to be considered.\n(sec.153-ssec.4) Unless the registrar, on the application of the society orders otherwise, the society must display a copy of the representations as required by the auditor, and the auditor may, without prejudice to the right to be heard orally or, if a firm is the auditor, to have a member of the firm heard orally on its behalf, require that the representations be read out at the meeting. Maximum penalty for subsection (4) —80 penalty units.\n- (a) special resolution at a general meeting of the society; or\n- (b) the registrar under section 48 (4) (e) .","sortOrder":186},{"sectionNumber":"sec.154","sectionType":"section","heading":"Resignation of auditors","content":"### sec.154 Resignation of auditors\n\nAn auditor of a society may, by written notice given to the society, resign if the auditor—\nby written notice given to the registrar, has applied for consent to the resignation and stated the reasons for the application; and\nat or about the same time as the auditor gave the registrar the notice, has given the society written notice of the application; and\nhas received the registrar’s consent to the resignation.\nThe registrar must, as soon as practicable after receiving a notice from an auditor, notify the auditor and the society whether the registrar consents to the resignation.\nA statement made by an auditor in an application to the registrar for consent to the resignation or in answer to an inquiry by the registrar relating to the reasons for the application—\nis not admissible in evidence in a civil or criminal proceeding against the auditor; and\nmay not be made the ground of a prosecution, action or suit against the auditor.\nA certificate by the registrar that a statement was made in the application or in the answer to an inquiry by the registrar is evidence that the statement was made.\nThe resignation of an auditor takes effect on whichever of the following dates happens last—\nthe date (if any) stated for the purpose in the notice of resignation;\nthe date on which the registrar gives the registrar’s consent to the resignation;\nthe date (if any) fixed by the registrar for the purpose.\ns 154 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.154-ssec.1) An auditor of a society may, by written notice given to the society, resign if the auditor— by written notice given to the registrar, has applied for consent to the resignation and stated the reasons for the application; and at or about the same time as the auditor gave the registrar the notice, has given the society written notice of the application; and has received the registrar’s consent to the resignation.\n(sec.154-ssec.2) The registrar must, as soon as practicable after receiving a notice from an auditor, notify the auditor and the society whether the registrar consents to the resignation.\n(sec.154-ssec.3) A statement made by an auditor in an application to the registrar for consent to the resignation or in answer to an inquiry by the registrar relating to the reasons for the application— is not admissible in evidence in a civil or criminal proceeding against the auditor; and may not be made the ground of a prosecution, action or suit against the auditor.\n(sec.154-ssec.4) A certificate by the registrar that a statement was made in the application or in the answer to an inquiry by the registrar is evidence that the statement was made.\n(sec.154-ssec.5) The resignation of an auditor takes effect on whichever of the following dates happens last— the date (if any) stated for the purpose in the notice of resignation; the date on which the registrar gives the registrar’s consent to the resignation; the date (if any) fixed by the registrar for the purpose.\n- (a) by written notice given to the registrar, has applied for consent to the resignation and stated the reasons for the application; and\n- (b) at or about the same time as the auditor gave the registrar the notice, has given the society written notice of the application; and\n- (c) has received the registrar’s consent to the resignation.\n- (a) is not admissible in evidence in a civil or criminal proceeding against the auditor; and\n- (b) may not be made the ground of a prosecution, action or suit against the auditor.\n- (a) the date (if any) stated for the purpose in the notice of resignation;\n- (b) the date on which the registrar gives the registrar’s consent to the resignation;\n- (c) the date (if any) fixed by the registrar for the purpose.","sortOrder":187},{"sectionNumber":"sec.155","sectionType":"section","heading":"Notice of retirement etc. to be given","content":"### sec.155 Notice of retirement etc. to be given\n\nIf, on the retirement or withdrawal from a firm of a member, the firm will no longer be capable, because of section 149 (1) (d) of acting as auditor of a society, the member retiring or withdrawing must give the society reasonable notice of retirement or withdrawal.\nMaximum penalty—80 penalty units.\nOn receipt of the notice by the society, the office of auditor becomes vacant.\nWithin 14 days after the removal of an auditor or the receipt of a notice of resignation, retirement or withdrawal from an auditor, the society must give the registrar a notice of the removal, resignation, retirement or withdrawal in the approved form.\nMaximum penalty for subsection (3) —10 penalty units.\ns 155 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.155-ssec.1) If, on the retirement or withdrawal from a firm of a member, the firm will no longer be capable, because of section 149 (1) (d) of acting as auditor of a society, the member retiring or withdrawing must give the society reasonable notice of retirement or withdrawal. Maximum penalty—80 penalty units.\n(sec.155-ssec.2) On receipt of the notice by the society, the office of auditor becomes vacant.\n(sec.155-ssec.3) Within 14 days after the removal of an auditor or the receipt of a notice of resignation, retirement or withdrawal from an auditor, the society must give the registrar a notice of the removal, resignation, retirement or withdrawal in the approved form. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":188},{"sectionNumber":"sec.156","sectionType":"section","heading":"Effect of winding-up on office of auditor","content":"### sec.156 Effect of winding-up on office of auditor\n\nAn auditor of a society ceases to hold office if—\na special resolution is passed for the voluntary winding-up of the society; or\nan order is made by the court for the winding-up of the society; or\nthe registrar issues a certificate under section 183 for the society.\ns 156 amd 1999 No. 27 s 76 sch 1 pt 2\n- (a) a special resolution is passed for the voluntary winding-up of the society; or\n- (b) an order is made by the court for the winding-up of the society; or\n- (c) the registrar issues a certificate under section 183 for the society.","sortOrder":189},{"sectionNumber":"sec.157","sectionType":"section","heading":"Fees and expenses of auditors","content":"### sec.157 Fees and expenses of auditors\n\nA society must pay the reasonable fees and expenses of an auditor, including the auditor’s expenses in giving a report required to be given by this Act.","sortOrder":190},{"sectionNumber":"sec.158","sectionType":"section","heading":"Auditor’s report","content":"### sec.158 Auditor’s report\n\nAn auditor of a society must report to the members on the accounts required to be laid before the society at the annual general meeting and on the society’s accounting records and other records relating to the accounts.\nThe auditor must state in the report—\nwhether the accounts are in the auditor’s opinion properly prepared—\nso as to give a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\nunder this Act; and\nunder applicable accounting standards; and\nif, in the auditor’s opinion, the accounts have not been prepared under a particular applicable accounting standard—\nwhether, in the auditor’s opinion, the accounts would, if prepared under that standard, have given a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\nif, in the auditor’s opinion, the accounts would not, if so prepared, have given a true and fair view of those matters—the reasons for the opinion; and\nif the directors have caused a statement to be attached to the accounts giving particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts—the auditor’s opinion of the particulars; and\nif neither subparagraph (ii) nor (iii) applies—particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts; and\nany defect or irregularity in the accounts and any matter not set out in the accounts without regard to which a true and fair view of the matters dealt with by the accounts would not be obtained; and\nif the auditor is not satisfied as to a matter mentioned in paragraph (a) or (b) —the reasons for not being satisfied.\nThe auditor of a society has a duty to form an opinion on each of the following matters—\nwhether the auditor has obtained all the information and explanations the auditor required;\nwhether proper accounting records and other records, including registers, have been kept by the society as required by this Act.\nThe auditor must state in the auditor’s report particulars of any deficiency, failure or shortcoming for any matter mentioned in subsection (3) .\nThe auditor must give the auditor’s report to the society’s directors in sufficient time to enable the society to comply with the requirements of section 140 for the report.\nThe auditor’s report—\nmust be attached to or endorsed on the accounts; and\nif a member so requires—must be read before the society at the annual general meeting; and\nmust be open to inspection by a member at any reasonable time.\nThe auditor must, when giving the auditor’s report, also give the society’s directors a report as to—\nthe adequacy, in the auditor’s opinion, of the systems adopted by the society to monitor and manage risks associated with its financial activities; and\nany other matter of a kind prescribed in a standard made for this subsection.\nWhen an auditor gives the society’s directors a report under subsection (7) , the auditor must also give the registrar a copy of the report.\nAn auditor of a society must not contravene this section.\nMaximum penalty for subsection (9) —80 penalty units.\ns 158 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.158-ssec.1) An auditor of a society must report to the members on the accounts required to be laid before the society at the annual general meeting and on the society’s accounting records and other records relating to the accounts.\n(sec.158-ssec.2) The auditor must state in the report— whether the accounts are in the auditor’s opinion properly prepared— so as to give a true and fair view of the matters required by section 139 to be dealt with in the accounts; and under this Act; and under applicable accounting standards; and if, in the auditor’s opinion, the accounts have not been prepared under a particular applicable accounting standard— whether, in the auditor’s opinion, the accounts would, if prepared under that standard, have given a true and fair view of the matters required by section 139 to be dealt with in the accounts; and if, in the auditor’s opinion, the accounts would not, if so prepared, have given a true and fair view of those matters—the reasons for the opinion; and if the directors have caused a statement to be attached to the accounts giving particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts—the auditor’s opinion of the particulars; and if neither subparagraph (ii) nor (iii) applies—particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts; and any defect or irregularity in the accounts and any matter not set out in the accounts without regard to which a true and fair view of the matters dealt with by the accounts would not be obtained; and if the auditor is not satisfied as to a matter mentioned in paragraph (a) or (b) —the reasons for not being satisfied.\n(sec.158-ssec.3) The auditor of a society has a duty to form an opinion on each of the following matters— whether the auditor has obtained all the information and explanations the auditor required; whether proper accounting records and other records, including registers, have been kept by the society as required by this Act.\n(sec.158-ssec.4) The auditor must state in the auditor’s report particulars of any deficiency, failure or shortcoming for any matter mentioned in subsection (3) .\n(sec.158-ssec.5) The auditor must give the auditor’s report to the society’s directors in sufficient time to enable the society to comply with the requirements of section 140 for the report.\n(sec.158-ssec.6) The auditor’s report— must be attached to or endorsed on the accounts; and if a member so requires—must be read before the society at the annual general meeting; and must be open to inspection by a member at any reasonable time.\n(sec.158-ssec.7) The auditor must, when giving the auditor’s report, also give the society’s directors a report as to— the adequacy, in the auditor’s opinion, of the systems adopted by the society to monitor and manage risks associated with its financial activities; and any other matter of a kind prescribed in a standard made for this subsection.\n(sec.158-ssec.8) When an auditor gives the society’s directors a report under subsection (7) , the auditor must also give the registrar a copy of the report.\n(sec.158-ssec.9) An auditor of a society must not contravene this section. Maximum penalty for subsection (9) —80 penalty units.\n- (a) whether the accounts are in the auditor’s opinion properly prepared— (i) so as to give a true and fair view of the matters required by section 139 to be dealt with in the accounts; and (ii) under this Act; and (iii) under applicable accounting standards; and\n- (i) so as to give a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\n- (ii) under this Act; and\n- (iii) under applicable accounting standards; and\n- (b) if, in the auditor’s opinion, the accounts have not been prepared under a particular applicable accounting standard— (i) whether, in the auditor’s opinion, the accounts would, if prepared under that standard, have given a true and fair view of the matters required by section 139 to be dealt with in the accounts; and (ii) if, in the auditor’s opinion, the accounts would not, if so prepared, have given a true and fair view of those matters—the reasons for the opinion; and (iii) if the directors have caused a statement to be attached to the accounts giving particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts—the auditor’s opinion of the particulars; and (iv) if neither subparagraph (ii) nor (iii) applies—particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts; and\n- (i) whether, in the auditor’s opinion, the accounts would, if prepared under that standard, have given a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\n- (ii) if, in the auditor’s opinion, the accounts would not, if so prepared, have given a true and fair view of those matters—the reasons for the opinion; and\n- (iii) if the directors have caused a statement to be attached to the accounts giving particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts—the auditor’s opinion of the particulars; and\n- (iv) if neither subparagraph (ii) nor (iii) applies—particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts; and\n- (c) any defect or irregularity in the accounts and any matter not set out in the accounts without regard to which a true and fair view of the matters dealt with by the accounts would not be obtained; and\n- (d) if the auditor is not satisfied as to a matter mentioned in paragraph (a) or (b) —the reasons for not being satisfied.\n- (i) so as to give a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\n- (ii) under this Act; and\n- (iii) under applicable accounting standards; and\n- (i) whether, in the auditor’s opinion, the accounts would, if prepared under that standard, have given a true and fair view of the matters required by section 139 to be dealt with in the accounts; and\n- (ii) if, in the auditor’s opinion, the accounts would not, if so prepared, have given a true and fair view of those matters—the reasons for the opinion; and\n- (iii) if the directors have caused a statement to be attached to the accounts giving particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts—the auditor’s opinion of the particulars; and\n- (iv) if neither subparagraph (ii) nor (iii) applies—particulars of the quantified financial effect on the accounts of the failure to so prepare the accounts; and\n- (a) whether the auditor has obtained all the information and explanations the auditor required;\n- (b) whether proper accounting records and other records, including registers, have been kept by the society as required by this Act.\n- (a) must be attached to or endorsed on the accounts; and\n- (b) if a member so requires—must be read before the society at the annual general meeting; and\n- (c) must be open to inspection by a member at any reasonable time.\n- (a) the adequacy, in the auditor’s opinion, of the systems adopted by the society to monitor and manage risks associated with its financial activities; and\n- (b) any other matter of a kind prescribed in a standard made for this subsection.","sortOrder":191},{"sectionNumber":"sec.159","sectionType":"section","heading":"Powers and duties of auditor","content":"### sec.159 Powers and duties of auditor\n\nAn auditor of a society has a right of access at all reasonable times to the accounting records and other records and registers of the society.\nThe auditor is entitled to require from an officer of the society any information and explanation that the auditor requires for the audit.\nAn auditor of a society, or an agent authorised by the auditor in writing for the purpose, is entitled to—\nattend a general meeting of the society; and\nreceive all notices of, and other communications about, a general meeting that a member is entitled to receive; and\nbe heard at a general meeting that he or she attends on any part of the business of the meeting concerning the auditor in the capacity of auditor; and\nbe heard at a meeting mentioned in paragraph (c) even though—\nthe auditor retires at the meeting; or\na resolution to remove the auditor from office is passed at the meeting.\nIf an auditor becomes aware that the society or the directors has or have not complied with section 122 , or the provisions of section 145 about the laying of accounts before the society’s annual general meeting, the auditor must immediately inform the registrar by written notice and, if accounts have been prepared and audited, send the registrar a copy of the accounts and of the auditor’s report on the accounts.\nExcept if subsection (4) applies, if an auditor, while performing duties as auditor of a society, is satisfied that—\nthere has been a contravention of this Act; and\nthe circumstances are such that, in the auditor’s opinion, the matter has not been, or will not be, adequately dealt with by comment in the auditor’s report on the accounts or by bringing the matter to the notice of the society’s directors;\nthe auditor must immediately report the matter to the registrar by written notice.\nIf an auditor of a society—\nis not satisfied that the accounts comply with a particular applicable accounting standard; or\nconsiders that the accounts do not comply with a particular applicable accounting standard;\nthe auditor must report the matter to the registrar in writing within 7 days after giving to the society’s directors the auditor’s report under section 158 .\nIf an auditor sends the registrar a report on the accounts under subsection (6) , the registrar may, by written notice to the society, require it to give the registrar a copy of the accounts within 7 days after service of the notice.\nIn addition to any other report that an auditor, or former auditor, of a society is required to give to the registrar, an auditor, or former auditor, of a society must give the registrar any report about the society’s affairs that the registrar requires and the auditor, or former auditor, is able to give.\nAn auditor, or former auditor, of a society must not contravene this section.\nMaximum penalty for subsection (9) —80 penalty units.\ns 159 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.159-ssec.1) An auditor of a society has a right of access at all reasonable times to the accounting records and other records and registers of the society.\n(sec.159-ssec.2) The auditor is entitled to require from an officer of the society any information and explanation that the auditor requires for the audit.\n(sec.159-ssec.3) An auditor of a society, or an agent authorised by the auditor in writing for the purpose, is entitled to— attend a general meeting of the society; and receive all notices of, and other communications about, a general meeting that a member is entitled to receive; and be heard at a general meeting that he or she attends on any part of the business of the meeting concerning the auditor in the capacity of auditor; and be heard at a meeting mentioned in paragraph (c) even though— the auditor retires at the meeting; or a resolution to remove the auditor from office is passed at the meeting.\n(sec.159-ssec.4) If an auditor becomes aware that the society or the directors has or have not complied with section 122 , or the provisions of section 145 about the laying of accounts before the society’s annual general meeting, the auditor must immediately inform the registrar by written notice and, if accounts have been prepared and audited, send the registrar a copy of the accounts and of the auditor’s report on the accounts.\n(sec.159-ssec.5) Except if subsection (4) applies, if an auditor, while performing duties as auditor of a society, is satisfied that— there has been a contravention of this Act; and the circumstances are such that, in the auditor’s opinion, the matter has not been, or will not be, adequately dealt with by comment in the auditor’s report on the accounts or by bringing the matter to the notice of the society’s directors; the auditor must immediately report the matter to the registrar by written notice.\n(sec.159-ssec.6) If an auditor of a society— is not satisfied that the accounts comply with a particular applicable accounting standard; or considers that the accounts do not comply with a particular applicable accounting standard; the auditor must report the matter to the registrar in writing within 7 days after giving to the society’s directors the auditor’s report under section 158 .\n(sec.159-ssec.7) If an auditor sends the registrar a report on the accounts under subsection (6) , the registrar may, by written notice to the society, require it to give the registrar a copy of the accounts within 7 days after service of the notice.\n(sec.159-ssec.8) In addition to any other report that an auditor, or former auditor, of a society is required to give to the registrar, an auditor, or former auditor, of a society must give the registrar any report about the society’s affairs that the registrar requires and the auditor, or former auditor, is able to give.\n(sec.159-ssec.9) An auditor, or former auditor, of a society must not contravene this section. Maximum penalty for subsection (9) —80 penalty units.\n- (a) attend a general meeting of the society; and\n- (b) receive all notices of, and other communications about, a general meeting that a member is entitled to receive; and\n- (c) be heard at a general meeting that he or she attends on any part of the business of the meeting concerning the auditor in the capacity of auditor; and\n- (d) be heard at a meeting mentioned in paragraph (c) even though— (i) the auditor retires at the meeting; or (ii) a resolution to remove the auditor from office is passed at the meeting.\n- (i) the auditor retires at the meeting; or\n- (ii) a resolution to remove the auditor from office is passed at the meeting.\n- (i) the auditor retires at the meeting; or\n- (ii) a resolution to remove the auditor from office is passed at the meeting.\n- (a) there has been a contravention of this Act; and\n- (b) the circumstances are such that, in the auditor’s opinion, the matter has not been, or will not be, adequately dealt with by comment in the auditor’s report on the accounts or by bringing the matter to the notice of the society’s directors;\n- (a) is not satisfied that the accounts comply with a particular applicable accounting standard; or\n- (b) considers that the accounts do not comply with a particular applicable accounting standard;","sortOrder":192},{"sectionNumber":"sec.160","sectionType":"section","heading":"Final audit on merger or transfer of engagements","content":"### sec.160 Final audit on merger or transfer of engagements\n\nThis section applies to a society that is dissolved as part of a merger, or transfer of engagements, under part 9 .\nThe society’s auditor must prepare a report containing the statements and information prescribed under a regulation about the society’s accounts and accounting records for the financial year up to the date of the society’s dissolution and for the previous financial year if an auditor’s report has not been prepared for the society’s accounts for that year.\nThe provisions of section 159 about the rights of access of an auditor to a society’s records apply for the preparation of the report as if it were a report required under section 158 .\nThe society’s auditor must give the report to the directors of the merged society or transferee society within 2 months after the date of the merger or transfer and the directors of the merged society or transferee society must in turn, within 3 months after the date of the merger or transfer, give the registrar the auditor’s report together with the accounts of the society dissolved as part of the merger or transfer.\nAn auditor of a society must not contravene this section.\nMaximum penalty—80 penalty units.\nA director of a society must take all reasonable steps to ensure that a report required by this section to be given to the directors of a society or to the registrar is so given.\nMaximum penalty for subsection (6) —80 penalty units.\ns 160 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.160-ssec.1) This section applies to a society that is dissolved as part of a merger, or transfer of engagements, under part 9 .\n(sec.160-ssec.2) The society’s auditor must prepare a report containing the statements and information prescribed under a regulation about the society’s accounts and accounting records for the financial year up to the date of the society’s dissolution and for the previous financial year if an auditor’s report has not been prepared for the society’s accounts for that year.\n(sec.160-ssec.3) The provisions of section 159 about the rights of access of an auditor to a society’s records apply for the preparation of the report as if it were a report required under section 158 .\n(sec.160-ssec.4) The society’s auditor must give the report to the directors of the merged society or transferee society within 2 months after the date of the merger or transfer and the directors of the merged society or transferee society must in turn, within 3 months after the date of the merger or transfer, give the registrar the auditor’s report together with the accounts of the society dissolved as part of the merger or transfer.\n(sec.160-ssec.5) An auditor of a society must not contravene this section. Maximum penalty—80 penalty units.\n(sec.160-ssec.6) A director of a society must take all reasonable steps to ensure that a report required by this section to be given to the directors of a society or to the registrar is so given. Maximum penalty for subsection (6) —80 penalty units.","sortOrder":193},{"sectionNumber":"sec.161","sectionType":"section","heading":"Obstruction of auditor","content":"### sec.161 Obstruction of auditor\n\nAn officer of a society must not—\nfail without lawful excuse—\nto allow an auditor of the society access, under this part, to the accounting records and other records and registers of the society that are in the possession or control of the officer; or\nto give any information or explanation as and when required under this part; or\notherwise hinder, obstruct or delay an auditor in the performance of the duties or the exercise of the powers of an auditor.\nMaximum penalty—400 penalty units.\n- (a) fail without lawful excuse— (i) to allow an auditor of the society access, under this part, to the accounting records and other records and registers of the society that are in the possession or control of the officer; or (ii) to give any information or explanation as and when required under this part; or\n- (i) to allow an auditor of the society access, under this part, to the accounting records and other records and registers of the society that are in the possession or control of the officer; or\n- (ii) to give any information or explanation as and when required under this part; or\n- (b) otherwise hinder, obstruct or delay an auditor in the performance of the duties or the exercise of the powers of an auditor.\n- (i) to allow an auditor of the society access, under this part, to the accounting records and other records and registers of the society that are in the possession or control of the officer; or\n- (ii) to give any information or explanation as and when required under this part; or","sortOrder":194},{"sectionNumber":"sec.162","sectionType":"section","heading":"Qualified privilege","content":"### sec.162 Qualified privilege\n\nAn auditor of a society has qualified privilege in relation to—\nan oral or written statement made by the auditor while exercising functions as auditor of the society; and\nthe giving to the registrar of a notice or report, or a copy of any accounts.\nA person has qualified privilege in relation to the publishing of—\na document that is prepared by an auditor of a society while exercising functions as auditor of the society and is required under this Act to be given to the registrar, whether or not the requirement has been complied with; and\nan oral or written statement made by the auditor while exercising functions as auditor of the society.\nThis section does not limit or affect any other right, privilege or immunity that an auditor or other person has as a defendant in an action for defamation.\nIn this section—\nmalice includes ill-will to the person concerned or any other improper motive.\nqualified privilege means that a person—\nhas qualified privilege in proceedings for defamation; or\nis not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.\ns 162 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.162-ssec.1) An auditor of a society has qualified privilege in relation to— an oral or written statement made by the auditor while exercising functions as auditor of the society; and the giving to the registrar of a notice or report, or a copy of any accounts.\n(sec.162-ssec.2) A person has qualified privilege in relation to the publishing of— a document that is prepared by an auditor of a society while exercising functions as auditor of the society and is required under this Act to be given to the registrar, whether or not the requirement has been complied with; and an oral or written statement made by the auditor while exercising functions as auditor of the society.\n(sec.162-ssec.3) This section does not limit or affect any other right, privilege or immunity that an auditor or other person has as a defendant in an action for defamation.\n(sec.162-ssec.4) In this section— malice includes ill-will to the person concerned or any other improper motive. qualified privilege means that a person— has qualified privilege in proceedings for defamation; or is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.\n- (a) an oral or written statement made by the auditor while exercising functions as auditor of the society; and\n- (b) the giving to the registrar of a notice or report, or a copy of any accounts.\n- (a) a document that is prepared by an auditor of a society while exercising functions as auditor of the society and is required under this Act to be given to the registrar, whether or not the requirement has been complied with; and\n- (b) an oral or written statement made by the auditor while exercising functions as auditor of the society.\n- (a) has qualified privilege in proceedings for defamation; or\n- (b) is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.","sortOrder":195},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Returns and relief","content":"## Returns and relief","sortOrder":196},{"sectionNumber":"sec.163","sectionType":"section","heading":"Returns","content":"### sec.163 Returns\n\nA society must file returns with the registrar—\nunder a relevant standard; or\nunder a regulation.\nMaximum penalty—80 penalty units.\nThe registrar may, by written notice, require a society to file the further returns that the registrar requires.\nA further return must contain the information required by the notice and must be filed as often as is required by the notice.\nThe registrar may, by written notice, require a society to file with a return or further return a report by a registered company auditor, or other person of a stated class, on stated matters to which the return relates.\nA society must not fail to comply with a requirement of a notice given to it under this section, unless the society has a reasonable excuse.\nMaximum penalty for subsection (5) —400 penalty units.\ns 163 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.163-ssec.1) A society must file returns with the registrar— under a relevant standard; or under a regulation. Maximum penalty—80 penalty units.\n(sec.163-ssec.2) The registrar may, by written notice, require a society to file the further returns that the registrar requires.\n(sec.163-ssec.3) A further return must contain the information required by the notice and must be filed as often as is required by the notice.\n(sec.163-ssec.4) The registrar may, by written notice, require a society to file with a return or further return a report by a registered company auditor, or other person of a stated class, on stated matters to which the return relates.\n(sec.163-ssec.5) A society must not fail to comply with a requirement of a notice given to it under this section, unless the society has a reasonable excuse. Maximum penalty for subsection (5) —400 penalty units.\n- (a) under a relevant standard; or\n- (b) under a regulation.","sortOrder":197},{"sectionNumber":"sec.164","sectionType":"section","heading":"Relief from requirements as to accounts and audit","content":"### sec.164 Relief from requirements as to accounts and audit\n\nThe directors of a society may apply to the registrar in writing for an order relieving the directors, the society or the auditor of the society from compliance with any stated requirements of division 4 or 5 (other than section 137 ).\nAn application under subsection (1) must be accompanied by a written statement made under a resolution of the society’s directors, signed by not less than 2 directors and stating the reasons for seeking the order.\nThe registrar may require the directors making the application to give information about the society’s operations that the registrar thinks necessary to determine the application.\nThe registrar may make an order unconditionally or on terms the registrar considers appropriate.\nNotice of an order under subsection (4) must be given to the society.\nThe registrar may, if the registrar considers it appropriate, make an order for a stated class of societies relieving the directors of a society included in the class, a society included in the class or the auditor of a society included in the class, from compliance with any stated requirements of division 4 or 5 (other than section 137 ).\nThe registrar may make an order under subsection (6) unconditionally or on terms the registrar considers appropriate.\nNotice of an order under subsection (6) must be published in the gazette.\nThe registrar may make an order about a society or a class of societies only if the registrar considers, for each requirement of this Act stated in the order, that compliance with the requirement—\nwould make accounts, or a report required about the accounts, misleading; or\nwould be inappropriate to the circumstances of the society, or of the societies included in the class; or\nwould impose unreasonable burdens on—\nthe society, an officer of the society or the auditor of the society; or\nthe societies, or officers or auditors of the societies, included in the class.\nThe order may be limited in its effect to a period stated in the order.\nThe registrar may, on application by the directors of a society or on the registrar’s own initiative, revoke or suspend the order.\nA revocation or suspension does not take effect—\nfor an order under subsection (4) —until written notice of the revocation or suspension is given to the society; or\nfor an order under subsection (6) —until notice of the revocation or suspension is published in the gazette.\ns 164 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.164-ssec.1) The directors of a society may apply to the registrar in writing for an order relieving the directors, the society or the auditor of the society from compliance with any stated requirements of division 4 or 5 (other than section 137 ).\n(sec.164-ssec.2) An application under subsection (1) must be accompanied by a written statement made under a resolution of the society’s directors, signed by not less than 2 directors and stating the reasons for seeking the order.\n(sec.164-ssec.3) The registrar may require the directors making the application to give information about the society’s operations that the registrar thinks necessary to determine the application.\n(sec.164-ssec.4) The registrar may make an order unconditionally or on terms the registrar considers appropriate.\n(sec.164-ssec.5) Notice of an order under subsection (4) must be given to the society.\n(sec.164-ssec.6) The registrar may, if the registrar considers it appropriate, make an order for a stated class of societies relieving the directors of a society included in the class, a society included in the class or the auditor of a society included in the class, from compliance with any stated requirements of division 4 or 5 (other than section 137 ).\n(sec.164-ssec.7) The registrar may make an order under subsection (6) unconditionally or on terms the registrar considers appropriate.\n(sec.164-ssec.8) Notice of an order under subsection (6) must be published in the gazette.\n(sec.164-ssec.9) The registrar may make an order about a society or a class of societies only if the registrar considers, for each requirement of this Act stated in the order, that compliance with the requirement— would make accounts, or a report required about the accounts, misleading; or would be inappropriate to the circumstances of the society, or of the societies included in the class; or would impose unreasonable burdens on— the society, an officer of the society or the auditor of the society; or the societies, or officers or auditors of the societies, included in the class.\n(sec.164-ssec.10) The order may be limited in its effect to a period stated in the order.\n(sec.164-ssec.11) The registrar may, on application by the directors of a society or on the registrar’s own initiative, revoke or suspend the order.\n(sec.164-ssec.12) A revocation or suspension does not take effect— for an order under subsection (4) —until written notice of the revocation or suspension is given to the society; or for an order under subsection (6) —until notice of the revocation or suspension is published in the gazette.\n- (a) would make accounts, or a report required about the accounts, misleading; or\n- (b) would be inappropriate to the circumstances of the society, or of the societies included in the class; or\n- (c) would impose unreasonable burdens on— (i) the society, an officer of the society or the auditor of the society; or (ii) the societies, or officers or auditors of the societies, included in the class.\n- (i) the society, an officer of the society or the auditor of the society; or\n- (ii) the societies, or officers or auditors of the societies, included in the class.\n- (i) the society, an officer of the society or the auditor of the society; or\n- (ii) the societies, or officers or auditors of the societies, included in the class.\n- (a) for an order under subsection (4) —until written notice of the revocation or suspension is given to the society; or\n- (b) for an order under subsection (6) —until notice of the revocation or suspension is published in the gazette.","sortOrder":198},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":199},{"sectionNumber":"sec.165","sectionType":"section","heading":"Registration of charges","content":"### sec.165 Registration of charges\n\ns 165 amd 1999 No. 27 s 76 sch 1 pt 2\nom 2001 No. 45 s 29 sch 3","sortOrder":200},{"sectionNumber":"pt.9","sectionType":"part","heading":"Mergers and transfers of engagements","content":"# Mergers and transfers of engagements","sortOrder":201},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions for part","content":"### sec.166 Definitions for part\n\nIn this part—\ncertificate of confirmation means a certificate given by the registrar to confirm a transfer of engagements.\ns 166 def certificate of confirmation amd 1999 No. 27 s 76 sch 1 pt 2\ntransferee society means a society to whom another society is to transfer, or has transferred, its engagements.\ntransferor society means a society that is to transfer, or has transferred, its engagements.","sortOrder":202},{"sectionNumber":"sec.167","sectionType":"section","heading":"Application of part","content":"### sec.167 Application of part\n\nThis part applies only if—\nall funds raised by the societies proposing to consolidate their assets, liabilities and undertakings by way of merger, or transfer of engagements, and not repaid were provided by the same entity; and\neither—\na guarantee is in force for each of the societies; or\na guarantee is not in force for any of the societies.\n- (a) all funds raised by the societies proposing to consolidate their assets, liabilities and undertakings by way of merger, or transfer of engagements, and not repaid were provided by the same entity; and\n- (b) either— (i) a guarantee is in force for each of the societies; or (ii) a guarantee is not in force for any of the societies.\n- (i) a guarantee is in force for each of the societies; or\n- (ii) a guarantee is not in force for any of the societies.\n- (i) a guarantee is in force for each of the societies; or\n- (ii) a guarantee is not in force for any of the societies.","sortOrder":203},{"sectionNumber":"sec.168","sectionType":"section","heading":"Application for registration of merger or transfer of engagements","content":"### sec.168 Application for registration of merger or transfer of engagements\n\nIf 2 or more societies propose to consolidate all of their assets, liabilities and undertakings by way of merger, or transfer of engagements, the societies may, after complying with this section, apply for the registration of the merger, or transfer of engagements.\nThe proposed merger, or transfer of engagements, must have been approved by a special resolution of each society involved unless the registrar has decided that it may be approved by the society’s board.\nEach society must send to each of its members a statement approved by the registrar stating—\nthe financial position of each of the societies as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement; and\nthe interest that an officer of any of the societies has in the proposed merger, or transfer of engagements; and\nthe compensation or other consideration proposed to be paid, or other incentive proposed to be given, to an officer or member of a society in relation to the proposed merger, or transfer or engagements; and\nwhether the proposal is a merger, or transfer of engagements and the reason for the merger, or transfer of engagements; and\nhow the societies’ reserves will be dealt with on the merger or transfer of engagements; and\nif there is a management contract for any of the societies—what is to happen to the contract; and\nany other matter specified by the registrar.\nThe statement must be sent to the members so that it will, in the ordinary course of post, reach each member who is entitled to vote on the special resolution not later than—\nif the resolution is to be decided at a meeting—21 days before the date of the meeting; or\nif the resolution is to be decided by a postal ballot—21 days before the day on or before which the ballot papers must be returned by members voting in the ballot.\nThe registrar may exempt a society from having to comply with all or part of subsection (3) .\nThe registrar may grant an exemption, or approve a statement, on terms the registrar considers appropriate.\nAn application for the registration of a merger or transfer of engagements must be made in the way and form required by the registrar.\nAn application for a proposed merger must be accompanied by 2 copies of the proposed rules of the merged society and any other particulars required by the registrar.\nAn application for a proposed transfer of engagements must be accompanied by 2 copies of the proposed rules of the transferee society and any other particulars required by the registrar.\ns 168 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.168-ssec.1) If 2 or more societies propose to consolidate all of their assets, liabilities and undertakings by way of merger, or transfer of engagements, the societies may, after complying with this section, apply for the registration of the merger, or transfer of engagements.\n(sec.168-ssec.2) The proposed merger, or transfer of engagements, must have been approved by a special resolution of each society involved unless the registrar has decided that it may be approved by the society’s board.\n(sec.168-ssec.3) Each society must send to each of its members a statement approved by the registrar stating— the financial position of each of the societies as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement; and the interest that an officer of any of the societies has in the proposed merger, or transfer of engagements; and the compensation or other consideration proposed to be paid, or other incentive proposed to be given, to an officer or member of a society in relation to the proposed merger, or transfer or engagements; and whether the proposal is a merger, or transfer of engagements and the reason for the merger, or transfer of engagements; and how the societies’ reserves will be dealt with on the merger or transfer of engagements; and if there is a management contract for any of the societies—what is to happen to the contract; and any other matter specified by the registrar.\n(sec.168-ssec.4) The statement must be sent to the members so that it will, in the ordinary course of post, reach each member who is entitled to vote on the special resolution not later than— if the resolution is to be decided at a meeting—21 days before the date of the meeting; or if the resolution is to be decided by a postal ballot—21 days before the day on or before which the ballot papers must be returned by members voting in the ballot.\n(sec.168-ssec.5) The registrar may exempt a society from having to comply with all or part of subsection (3) .\n(sec.168-ssec.6) The registrar may grant an exemption, or approve a statement, on terms the registrar considers appropriate.\n(sec.168-ssec.7) An application for the registration of a merger or transfer of engagements must be made in the way and form required by the registrar.\n(sec.168-ssec.8) An application for a proposed merger must be accompanied by 2 copies of the proposed rules of the merged society and any other particulars required by the registrar.\n(sec.168-ssec.9) An application for a proposed transfer of engagements must be accompanied by 2 copies of the proposed rules of the transferee society and any other particulars required by the registrar.\n- (a) the financial position of each of the societies as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement; and\n- (b) the interest that an officer of any of the societies has in the proposed merger, or transfer of engagements; and\n- (c) the compensation or other consideration proposed to be paid, or other incentive proposed to be given, to an officer or member of a society in relation to the proposed merger, or transfer or engagements; and\n- (d) whether the proposal is a merger, or transfer of engagements and the reason for the merger, or transfer of engagements; and\n- (e) how the societies’ reserves will be dealt with on the merger or transfer of engagements; and\n- (f) if there is a management contract for any of the societies—what is to happen to the contract; and\n- (g) any other matter specified by the registrar.\n- (a) if the resolution is to be decided at a meeting—21 days before the date of the meeting; or\n- (b) if the resolution is to be decided by a postal ballot—21 days before the day on or before which the ballot papers must be returned by members voting in the ballot.","sortOrder":204},{"sectionNumber":"sec.169","sectionType":"section","heading":"The registrar may register merged society","content":"### sec.169 The registrar may register merged society\n\nThis section applies if societies have applied to register a merger and the registrar is satisfied that—\nthe societies involved have complied with section 168 ; and\nthe proposed rules of the merged society are adequate; and\nthere are reasonable grounds for believing that the merged society will be able to comply with all relevant standards; and\nthe certificates of incorporation of the societies involved in the merger have been—\nsurrendered to the registrar; or\nlost or destroyed; and\nthere is no good reason why the merged society and its rules should not be registered.\nThe registrar must—\nregister the merged society; and\nregister its rules; and\ncancel the registration of the societies involved in the merger.\nOn registering the merged society, the registrar must issue to the society a certificate of incorporation.\nA merger takes effect on the issue of the certificate of incorporation.\ns 169 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.169-ssec.1) This section applies if societies have applied to register a merger and the registrar is satisfied that— the societies involved have complied with section 168 ; and the proposed rules of the merged society are adequate; and there are reasonable grounds for believing that the merged society will be able to comply with all relevant standards; and the certificates of incorporation of the societies involved in the merger have been— surrendered to the registrar; or lost or destroyed; and there is no good reason why the merged society and its rules should not be registered.\n(sec.169-ssec.2) The registrar must— register the merged society; and register its rules; and cancel the registration of the societies involved in the merger.\n(sec.169-ssec.3) On registering the merged society, the registrar must issue to the society a certificate of incorporation.\n(sec.169-ssec.4) A merger takes effect on the issue of the certificate of incorporation.\n- (a) the societies involved have complied with section 168 ; and\n- (b) the proposed rules of the merged society are adequate; and\n- (c) there are reasonable grounds for believing that the merged society will be able to comply with all relevant standards; and\n- (d) the certificates of incorporation of the societies involved in the merger have been— (i) surrendered to the registrar; or (ii) lost or destroyed; and\n- (i) surrendered to the registrar; or\n- (ii) lost or destroyed; and\n- (e) there is no good reason why the merged society and its rules should not be registered.\n- (i) surrendered to the registrar; or\n- (ii) lost or destroyed; and\n- (a) register the merged society; and\n- (b) register its rules; and\n- (c) cancel the registration of the societies involved in the merger.","sortOrder":205},{"sectionNumber":"sec.170","sectionType":"section","heading":"Certificate of confirmation (voluntary transfer)","content":"### sec.170 Certificate of confirmation (voluntary transfer)\n\nThis section applies to a transfer of engagements following an application under section 168 .\nThe registrar must issue a certificate of confirmation if the registrar is satisfied that—\nthe societies have complied with section 168 ; and\nthe rules, or proposed rules, of the transferee society are adequate; and\nthe certificate of incorporation of the transferor society has been—\nsurrendered to the registrar; or\nlost or destroyed; and\nthere is no good reason why the transfer should not take effect.\ns 170 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.170-ssec.1) This section applies to a transfer of engagements following an application under section 168 .\n(sec.170-ssec.2) The registrar must issue a certificate of confirmation if the registrar is satisfied that— the societies have complied with section 168 ; and the rules, or proposed rules, of the transferee society are adequate; and the certificate of incorporation of the transferor society has been— surrendered to the registrar; or lost or destroyed; and there is no good reason why the transfer should not take effect.\n- (a) the societies have complied with section 168 ; and\n- (b) the rules, or proposed rules, of the transferee society are adequate; and\n- (c) the certificate of incorporation of the transferor society has been— (i) surrendered to the registrar; or (ii) lost or destroyed; and\n- (i) surrendered to the registrar; or\n- (ii) lost or destroyed; and\n- (d) there is no good reason why the transfer should not take effect.\n- (i) surrendered to the registrar; or\n- (ii) lost or destroyed; and","sortOrder":206},{"sectionNumber":"sec.171","sectionType":"section","heading":"The registrar may direct a transfer of engagements","content":"### sec.171 The registrar may direct a transfer of engagements\n\nThe registrar may, by written notice given to a society, direct it to transfer its engagements to another society if the board of the transferee society has, by resolution, consented to the proposed transfer.\nThe registrar must give a copy of the direction to the transferee society.\nThe direction must state that the transferor society must surrender its certificate of incorporation to the registrar or satisfy the registrar that its certificate has been lost or destroyed.\nThe registrar may direct a society to transfer its engagements only if—\nthe registrar considers that—\nthe society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\nthe society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\nthe society’s affairs are being conducted in an improper or financially unsound way; or\nafter making inquiries about 1 or both of the societies that the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors of the society that is to be directed to transfer its engagements; or\nthe registrar has certified, for the society, that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened.\ns 171 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.171-ssec.1) The registrar may, by written notice given to a society, direct it to transfer its engagements to another society if the board of the transferee society has, by resolution, consented to the proposed transfer.\n(sec.171-ssec.2) The registrar must give a copy of the direction to the transferee society.\n(sec.171-ssec.3) The direction must state that the transferor society must surrender its certificate of incorporation to the registrar or satisfy the registrar that its certificate has been lost or destroyed.\n(sec.171-ssec.4) The registrar may direct a society to transfer its engagements only if— the registrar considers that— the society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or the society’s affairs are being conducted in an improper or financially unsound way; or after making inquiries about 1 or both of the societies that the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors of the society that is to be directed to transfer its engagements; or the registrar has certified, for the society, that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened.\n- (a) the registrar considers that— (i) the society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or (ii) the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or (iii) the society’s affairs are being conducted in an improper or financially unsound way; or\n- (i) the society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\n- (ii) the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\n- (iii) the society’s affairs are being conducted in an improper or financially unsound way; or\n- (b) after making inquiries about 1 or both of the societies that the registrar considers appropriate, the registrar is satisfied that it is in the interest of members or creditors of the society that is to be directed to transfer its engagements; or\n- (c) the registrar has certified, for the society, that any of the events mentioned in section 183 (1) (a) , (b) or (f) has happened.\n- (i) the society has contravened this Act or the society’s rules and, after being given written notice of the contravention by the registrar, has allowed the contravention to continue or has again contravened this Act or the rules; or\n- (ii) the society is trading unprofitably or has an accumulated deficit in its profit and loss appropriation account; or\n- (iii) the society’s affairs are being conducted in an improper or financially unsound way; or","sortOrder":207},{"sectionNumber":"sec.172","sectionType":"section","heading":"Society to comply with direction","content":"### sec.172 Society to comply with direction\n\nA society must take all reasonable steps to comply with a direction to transfer its engagements.\nMaximum penalty—1600 penalty units.\nAn officer of a society must not—\nfail to take all reasonable steps to secure compliance by the society with a direction to transfer its engagements; or\nby a wilful act or omission, be the cause of a failure by the society to comply with a direction to transfer its engagements.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\n(sec.172-ssec.1) A society must take all reasonable steps to comply with a direction to transfer its engagements. Maximum penalty—1600 penalty units.\n(sec.172-ssec.2) An officer of a society must not— fail to take all reasonable steps to secure compliance by the society with a direction to transfer its engagements; or by a wilful act or omission, be the cause of a failure by the society to comply with a direction to transfer its engagements. Maximum penalty—1600 penalty units or 7 years imprisonment.\n- (a) fail to take all reasonable steps to secure compliance by the society with a direction to transfer its engagements; or\n- (b) by a wilful act or omission, be the cause of a failure by the society to comply with a direction to transfer its engagements.","sortOrder":208},{"sectionNumber":"sec.173","sectionType":"section","heading":"Certificate of confirmation (transfer by direction)","content":"### sec.173 Certificate of confirmation (transfer by direction)\n\nThis section applies to a transfer of engagements by a direction under section 171 .\nIf the transfer takes effect immediately, the direction must be accompanied by a certificate of confirmation.\nIf the transfer does not take effect immediately—\nthe direction must state the day when the registrar proposes to issue the certificate of confirmation; and\nwhen the registrar is satisfied that the societies have complied with the direction, the registrar must issue a certificate of confirmation.\ns 173 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.173-ssec.1) This section applies to a transfer of engagements by a direction under section 171 .\n(sec.173-ssec.2) If the transfer takes effect immediately, the direction must be accompanied by a certificate of confirmation.\n(sec.173-ssec.3) If the transfer does not take effect immediately— the direction must state the day when the registrar proposes to issue the certificate of confirmation; and when the registrar is satisfied that the societies have complied with the direction, the registrar must issue a certificate of confirmation.\n- (a) the direction must state the day when the registrar proposes to issue the certificate of confirmation; and\n- (b) when the registrar is satisfied that the societies have complied with the direction, the registrar must issue a certificate of confirmation.","sortOrder":209},{"sectionNumber":"sec.174","sectionType":"section","heading":"Who receives the certificate of confirmation","content":"### sec.174 Who receives the certificate of confirmation\n\nThe registrar must give a certificate of confirmation to the transferee society.\ns 174 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":210},{"sectionNumber":"sec.175","sectionType":"section","heading":"When transfer of engagements takes effect","content":"### sec.175 When transfer of engagements takes effect\n\nA transfer of engagements takes effect on the day of issue of the certificate of confirmation of the transfer, or a later day specified in the certificate.","sortOrder":211},{"sectionNumber":"sec.176","sectionType":"section","heading":"Cancellation of registration","content":"### sec.176 Cancellation of registration\n\nThe registrar must cancel the transferor society’s registration.\ns 176 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":212},{"sectionNumber":"sec.177","sectionType":"section","heading":"Effect of merger on societies","content":"### sec.177 Effect of merger on societies\n\nThis section applies on a merger of societies taking effect.\nThe merged society is the successor of the merging societies.\nWithout limiting subsection (2) —\nthe members of each merging society become members of the merged society; and\nall assets and liabilities of each merging society become assets and liabilities of the merged society without any conveyance, transfer or assignment; and\nin all documents (including, for example, a contract to which a merging society was a party), a reference to a merging society is a reference to the merged society; and\na legal proceeding by or against a merging society that is not finished when the merger takes effect may be continued and finished by or against the merged society; and\nthe duties, obligations, immunities, rights and privileges applying to a merging society apply to the merged society.\ns 177 (4) AIA s 20A applies (see s 177(5))\n(4)–(6) exp 1 October 1997 (see s 177(6))\n(sec.177-ssec.1) This section applies on a merger of societies taking effect.\n(sec.177-ssec.2) The merged society is the successor of the merging societies.\n(sec.177-ssec.3) Without limiting subsection (2) — the members of each merging society become members of the merged society; and all assets and liabilities of each merging society become assets and liabilities of the merged society without any conveyance, transfer or assignment; and in all documents (including, for example, a contract to which a merging society was a party), a reference to a merging society is a reference to the merged society; and a legal proceeding by or against a merging society that is not finished when the merger takes effect may be continued and finished by or against the merged society; and the duties, obligations, immunities, rights and privileges applying to a merging society apply to the merged society.\n- (a) the members of each merging society become members of the merged society; and\n- (b) all assets and liabilities of each merging society become assets and liabilities of the merged society without any conveyance, transfer or assignment; and\n- (c) in all documents (including, for example, a contract to which a merging society was a party), a reference to a merging society is a reference to the merged society; and\n- (d) a legal proceeding by or against a merging society that is not finished when the merger takes effect may be continued and finished by or against the merged society; and\n- (e) the duties, obligations, immunities, rights and privileges applying to a merging society apply to the merged society.","sortOrder":213},{"sectionNumber":"sec.178","sectionType":"section","heading":"Effect of transfer of engagements on societies","content":"### sec.178 Effect of transfer of engagements on societies\n\nThis section applies on a transfer of engagements taking effect.\nThe transferee society is the successor of the transferor society.\nWithout limiting subsection (2) —\nthe members of the transferor society become members of the transferee society; and\nall assets and liabilities of the transferor society become assets and liabilities of the transferee society without any conveyance, transfer or assignment; and\nin all documents (including, for example, a contract to which the transferor society was a party), a reference to the transferor society is a reference to the transferee society; and\na legal proceeding by or against the transferor society that is not finished when the transfer of engagements takes effect may be continued and finished by or against the transferee society; and\nthe duties, obligations, immunities, rights and privileges applying to the transferor society apply to the transferee society.\ns 178 (4) AIA s 20A applies (see s 178(5))\n(4)–(6) exp 1 October 1997 (see s 178(6))\n(sec.178-ssec.1) This section applies on a transfer of engagements taking effect.\n(sec.178-ssec.2) The transferee society is the successor of the transferor society.\n(sec.178-ssec.3) Without limiting subsection (2) — the members of the transferor society become members of the transferee society; and all assets and liabilities of the transferor society become assets and liabilities of the transferee society without any conveyance, transfer or assignment; and in all documents (including, for example, a contract to which the transferor society was a party), a reference to the transferor society is a reference to the transferee society; and a legal proceeding by or against the transferor society that is not finished when the transfer of engagements takes effect may be continued and finished by or against the transferee society; and the duties, obligations, immunities, rights and privileges applying to the transferor society apply to the transferee society.\n- (a) the members of the transferor society become members of the transferee society; and\n- (b) all assets and liabilities of the transferor society become assets and liabilities of the transferee society without any conveyance, transfer or assignment; and\n- (c) in all documents (including, for example, a contract to which the transferor society was a party), a reference to the transferor society is a reference to the transferee society; and\n- (d) a legal proceeding by or against the transferor society that is not finished when the transfer of engagements takes effect may be continued and finished by or against the transferee society; and\n- (e) the duties, obligations, immunities, rights and privileges applying to the transferor society apply to the transferee society.","sortOrder":214},{"sectionNumber":"sec.179","sectionType":"section","heading":"Effect of merger or transfer of engagements on guarantees","content":"### sec.179 Effect of merger or transfer of engagements on guarantees\n\nThis section applies on a merger or transfer of engagements taking effect, if a guarantee is in force for each of the societies involved in the merger or transfer of engagements.\nOn a merger—\neach existing guarantee must be surrendered to the Treasurer; and\na new guarantee must be executed for the merged society for the amount outstanding under all the guarantees.\nOn a transfer of engagements—\neach existing guarantee, other than the most recent guarantee if it is for the transferee society, must be surrendered to the Treasurer who must vary the most recent guarantee to cover the total amount outstanding under all the guarantees; or\neach existing guarantee must be surrendered to the Treasurer who must execute a new guarantee for the transferee society for the total amount outstanding under all the guarantees.\n(sec.179-ssec.1) This section applies on a merger or transfer of engagements taking effect, if a guarantee is in force for each of the societies involved in the merger or transfer of engagements.\n(sec.179-ssec.2) On a merger— each existing guarantee must be surrendered to the Treasurer; and a new guarantee must be executed for the merged society for the amount outstanding under all the guarantees.\n(sec.179-ssec.3) On a transfer of engagements— each existing guarantee, other than the most recent guarantee if it is for the transferee society, must be surrendered to the Treasurer who must vary the most recent guarantee to cover the total amount outstanding under all the guarantees; or each existing guarantee must be surrendered to the Treasurer who must execute a new guarantee for the transferee society for the total amount outstanding under all the guarantees.\n- (a) each existing guarantee must be surrendered to the Treasurer; and\n- (b) a new guarantee must be executed for the merged society for the amount outstanding under all the guarantees.\n- (a) each existing guarantee, other than the most recent guarantee if it is for the transferee society, must be surrendered to the Treasurer who must vary the most recent guarantee to cover the total amount outstanding under all the guarantees; or\n- (b) each existing guarantee must be surrendered to the Treasurer who must execute a new guarantee for the transferee society for the total amount outstanding under all the guarantees.","sortOrder":215},{"sectionNumber":"pt.10","sectionType":"part","heading":"External administration","content":"# External administration","sortOrder":216},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":null,"content":"","sortOrder":217},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 amd 1999 No. 27 s 76 sch 1 pt 2\nom 2001 No. 45 s 29 sch 3","sortOrder":218},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":null,"content":"","sortOrder":219},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 amd 1999 No. 27 s 76 sch 1 pt 2\nom 2001 No. 45 s 29 sch 3","sortOrder":220},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Winding-up","content":"## Winding-up","sortOrder":221},{"sectionNumber":"sec.182","sectionType":"section","heading":"Winding up","content":"### sec.182 Winding up\n\nPart 6 , division 5 includes provision for applying certain provisions of the Corporations Act about winding up to societies.\ns 182 amd 1999 No. 27 s 76 sch 1 pt 2\nsub 2001 No. 45 s 29 sch 3","sortOrder":222},{"sectionNumber":"sec.183","sectionType":"section","heading":"Winding-up on certificate of the registrar","content":"### sec.183 Winding-up on certificate of the registrar\n\nA society may be wound up, under this section, on a certificate of the registrar.\nFor a winding-up on a certificate of the registrar, the society may be wound-up if the registrar certifies that—\nthe society has not started business within a year of registration or has suspended or ceased to carry on business for more than 6 months; or\nan event (to be stated in the certificate) has happened on the happening of which a regulation or the society’s rules provide that the society is to be wound-up; or\nthe registration of the society has been obtained by mistake or fraud; or\nthe society exists for an illegal purpose; or\nthe society has, after notice by the registrar of a contravention of this Act or the society’s rules, failed, within the time stated in the notice, to remedy the contravention or has committed a further contravention of a kind stated in the notice; or\nthere are, and have been for a period of 1 month immediately before the date of the certificate, insufficient directors of the society to constitute a quorum under the society’s rules; or\nbecause of an investigation under this Act into the society’s affairs, it is in the interests of the public, or members or creditors of the society, that the society be wound-up.\nThe registrar may certify under subsection (1) only if the event has been proved to the registrar’s satisfaction.\nIf the registrar certifies under subsection (1) , the registrar may appoint a person to be the society’s liquidator.\nThe liquidator is entitled to receive an amount of remuneration the registrar considers appropriate, having regard to the rate of payment that normally would apply for such an appointment.\nA vacancy in the office of a liquidator appointed under subsection (3) must be filled by a person appointed by the registrar for the purpose.\nA winding-up on a certificate of the registrar is taken to start at the date of the certificate of the registrar.\nThe liquidator must, within 14 days after the appointment, give notice of the appointment by gazette notice.\ns 183 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2001 No. 45 s 29 sch 3\n(sec.183-ssec.1A) A society may be wound up, under this section, on a certificate of the registrar.\n(sec.183-ssec.1) For a winding-up on a certificate of the registrar, the society may be wound-up if the registrar certifies that— the society has not started business within a year of registration or has suspended or ceased to carry on business for more than 6 months; or an event (to be stated in the certificate) has happened on the happening of which a regulation or the society’s rules provide that the society is to be wound-up; or the registration of the society has been obtained by mistake or fraud; or the society exists for an illegal purpose; or the society has, after notice by the registrar of a contravention of this Act or the society’s rules, failed, within the time stated in the notice, to remedy the contravention or has committed a further contravention of a kind stated in the notice; or there are, and have been for a period of 1 month immediately before the date of the certificate, insufficient directors of the society to constitute a quorum under the society’s rules; or because of an investigation under this Act into the society’s affairs, it is in the interests of the public, or members or creditors of the society, that the society be wound-up.\n(sec.183-ssec.2) The registrar may certify under subsection (1) only if the event has been proved to the registrar’s satisfaction.\n(sec.183-ssec.3) If the registrar certifies under subsection (1) , the registrar may appoint a person to be the society’s liquidator.\n(sec.183-ssec.4) The liquidator is entitled to receive an amount of remuneration the registrar considers appropriate, having regard to the rate of payment that normally would apply for such an appointment.\n(sec.183-ssec.5) A vacancy in the office of a liquidator appointed under subsection (3) must be filled by a person appointed by the registrar for the purpose.\n(sec.183-ssec.6) A winding-up on a certificate of the registrar is taken to start at the date of the certificate of the registrar.\n(sec.183-ssec.7) The liquidator must, within 14 days after the appointment, give notice of the appointment by gazette notice.\n- (a) the society has not started business within a year of registration or has suspended or ceased to carry on business for more than 6 months; or\n- (b) an event (to be stated in the certificate) has happened on the happening of which a regulation or the society’s rules provide that the society is to be wound-up; or\n- (c) the registration of the society has been obtained by mistake or fraud; or\n- (d) the society exists for an illegal purpose; or\n- (e) the society has, after notice by the registrar of a contravention of this Act or the society’s rules, failed, within the time stated in the notice, to remedy the contravention or has committed a further contravention of a kind stated in the notice; or\n- (f) there are, and have been for a period of 1 month immediately before the date of the certificate, insufficient directors of the society to constitute a quorum under the society’s rules; or\n- (g) because of an investigation under this Act into the society’s affairs, it is in the interests of the public, or members or creditors of the society, that the society be wound-up.","sortOrder":223},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 amd 1999 No. 27 s 76 sch 1 pt 2\nom 2001 No. 45 s 29 sch 3","sortOrder":224},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 1999 No. 27 s 76 sch 1 pt 2","sortOrder":225},{"sectionNumber":"sec.186","sectionType":"section","heading":"Vacancy in office of liquidator on voluntary winding-up","content":"### sec.186 Vacancy in office of liquidator on voluntary winding-up\n\nThis section applies if—\na society is being wound-up voluntarily; and\na vacancy happens in the office of liquidator that, in the registrar’s opinion, is unlikely to be filled in the way provided by the applied voluntary winding up provisions.\nThe registrar may appoint as liquidator a person qualified for the appointment under the applied voluntary winding up provisions.\nIn this section—\napplied voluntary winding up provisions means the provisions of the Corporations Act , part 5.5 , as applied under part 6 , division 5 .\ns 186 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2001 No. 45 s 29 sch 3\n(sec.186-ssec.1) This section applies if— a society is being wound-up voluntarily; and a vacancy happens in the office of liquidator that, in the registrar’s opinion, is unlikely to be filled in the way provided by the applied voluntary winding up provisions.\n(sec.186-ssec.2) The registrar may appoint as liquidator a person qualified for the appointment under the applied voluntary winding up provisions.\n(sec.186-ssec.3) In this section— applied voluntary winding up provisions means the provisions of the Corporations Act , part 5.5 , as applied under part 6 , division 5 .\n- (a) a society is being wound-up voluntarily; and\n- (b) a vacancy happens in the office of liquidator that, in the registrar’s opinion, is unlikely to be filled in the way provided by the applied voluntary winding up provisions.","sortOrder":226},{"sectionNumber":"sec.187","sectionType":"section","heading":"Remuneration of liquidator on voluntary winding-up","content":"### sec.187 Remuneration of liquidator on voluntary winding-up\n\nDespite anything in the Corporations Act or a law applied under part 6 , division 5 , the remuneration paid to the liquidator of a society wound-up voluntarily must not be more than the amount fixed by the registrar.\ns 187 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2001 No. 45 s 29 sch 3","sortOrder":227},{"sectionNumber":"sec.188","sectionType":"section","heading":"Cancellation of registration","content":"### sec.188 Cancellation of registration\n\nAs soon as is practicable after a society is dissolved or taken to be dissolved, the registrar must register the dissolution and cancel the registration of the society.\ns 188 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":228},{"sectionNumber":"pt.11","sectionType":"part","heading":"Special investigations","content":"# Special investigations","sortOrder":229},{"sectionNumber":"sec.189","sectionType":"section","heading":"Definition of officer for part","content":"### sec.189 Definition of officer for part\n\nIn this part—\nofficer of a society includes—\na person who acts, or who at any time acted, as banker, solicitor, auditor or in another capacity for the society; and\na person who—\nhas, or has at any time had, in his or her possession property of the society; or\nis indebted to the society outside the normal trading terms of the person’s membership; or\nis capable of giving information about the society’s affairs; and\nif an investigator has reasonable grounds for suspecting or believing that a person is a person mentioned in paragraph (b) —that person.\n- (a) a person who acts, or who at any time acted, as banker, solicitor, auditor or in another capacity for the society; and\n- (b) a person who— (i) has, or has at any time had, in his or her possession property of the society; or (ii) is indebted to the society outside the normal trading terms of the person’s membership; or (iii) is capable of giving information about the society’s affairs; and\n- (i) has, or has at any time had, in his or her possession property of the society; or\n- (ii) is indebted to the society outside the normal trading terms of the person’s membership; or\n- (iii) is capable of giving information about the society’s affairs; and\n- (c) if an investigator has reasonable grounds for suspecting or believing that a person is a person mentioned in paragraph (b) —that person.\n- (i) has, or has at any time had, in his or her possession property of the society; or\n- (ii) is indebted to the society outside the normal trading terms of the person’s membership; or\n- (iii) is capable of giving information about the society’s affairs; and","sortOrder":230},{"sectionNumber":"sec.190","sectionType":"section","heading":"Appointment of investigators","content":"### sec.190 Appointment of investigators\n\nThe registrar may appoint an investigator to investigate a society’s affairs if the registrar considers that it is desirable to do so—\nfor the protection of the public, or of the society’s members or creditors; or\nin the public interest.\nThe registrar may appoint a person as investigator only if the person has, in the registrar’s opinion, the appropriate expertise for the position (whether because of training or otherwise).\nThe registrar must, in the instrument appointing an investigator, state full particulars of the appointment including—\nthe matters into which the investigations are to be made, being all the affairs or particular affairs of the society; and\nthe terms (if any) of the investigator’s appointment.\nThe registrar may—\nin the instrument appointing an investigator, state the period during which the investigation is to be made; and\nat any time, by written notice given to an investigator, vary—\nparticulars stated in the instrument of appointment, being particulars mentioned in subsection (3) (a) or (b) ; or\nthe period during which the investigation is to be made.\nThe registrar may, by written notice given to an investigator, terminate the appointment at any time.\ns 190 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.190-ssec.1) The registrar may appoint an investigator to investigate a society’s affairs if the registrar considers that it is desirable to do so— for the protection of the public, or of the society’s members or creditors; or in the public interest.\n(sec.190-ssec.2) The registrar may appoint a person as investigator only if the person has, in the registrar’s opinion, the appropriate expertise for the position (whether because of training or otherwise).\n(sec.190-ssec.3) The registrar must, in the instrument appointing an investigator, state full particulars of the appointment including— the matters into which the investigations are to be made, being all the affairs or particular affairs of the society; and the terms (if any) of the investigator’s appointment.\n(sec.190-ssec.4) The registrar may— in the instrument appointing an investigator, state the period during which the investigation is to be made; and at any time, by written notice given to an investigator, vary— particulars stated in the instrument of appointment, being particulars mentioned in subsection (3) (a) or (b) ; or the period during which the investigation is to be made.\n(sec.190-ssec.5) The registrar may, by written notice given to an investigator, terminate the appointment at any time.\n- (a) for the protection of the public, or of the society’s members or creditors; or\n- (b) in the public interest.\n- (a) the matters into which the investigations are to be made, being all the affairs or particular affairs of the society; and\n- (b) the terms (if any) of the investigator’s appointment.\n- (a) in the instrument appointing an investigator, state the period during which the investigation is to be made; and\n- (b) at any time, by written notice given to an investigator, vary— (i) particulars stated in the instrument of appointment, being particulars mentioned in subsection (3) (a) or (b) ; or (ii) the period during which the investigation is to be made.\n- (i) particulars stated in the instrument of appointment, being particulars mentioned in subsection (3) (a) or (b) ; or\n- (ii) the period during which the investigation is to be made.\n- (i) particulars stated in the instrument of appointment, being particulars mentioned in subsection (3) (a) or (b) ; or\n- (ii) the period during which the investigation is to be made.","sortOrder":231},{"sectionNumber":"sec.191","sectionType":"section","heading":"Two or more investigators appointed","content":"### sec.191 Two or more investigators appointed\n\nThis section applies if 2 or more investigators are appointed to investigate a society’s affairs (whether by the same instrument or by different instruments).\nEach of the investigators may exercise the powers or perform the functions independently of the other investigator or investigators.\n(sec.191-ssec.1) This section applies if 2 or more investigators are appointed to investigate a society’s affairs (whether by the same instrument or by different instruments).\n(sec.191-ssec.2) Each of the investigators may exercise the powers or perform the functions independently of the other investigator or investigators.","sortOrder":232},{"sectionNumber":"sec.192","sectionType":"section","heading":"Powers of investigators","content":"### sec.192 Powers of investigators\n\nAn investigator may, by written notice given to an officer of a society the affairs of which are being investigated, require the officer—\nto produce to the investigator all documents of the society and other documents about the society’s affairs in the possession or under the control of the officer; and\nto give the investigator all reasonable help with the investigation; and\nto appear before the investigator for examination on oath or affirmation.\nAn investigator may administer an oath or affirmation.\nIf documents are produced to an investigator, the investigator may take possession of the documents for the period the investigator considers necessary for the investigation.\nDuring the period, the investigator must permit a person who would be entitled to inspect any 1 or more of those documents, if they were not in the investigator’s possession, to inspect at all reasonable times the documents that person would be entitled to inspect.\n(sec.192-ssec.1) An investigator may, by written notice given to an officer of a society the affairs of which are being investigated, require the officer— to produce to the investigator all documents of the society and other documents about the society’s affairs in the possession or under the control of the officer; and to give the investigator all reasonable help with the investigation; and to appear before the investigator for examination on oath or affirmation.\n(sec.192-ssec.2) An investigator may administer an oath or affirmation.\n(sec.192-ssec.3) If documents are produced to an investigator, the investigator may take possession of the documents for the period the investigator considers necessary for the investigation.\n(sec.192-ssec.4) During the period, the investigator must permit a person who would be entitled to inspect any 1 or more of those documents, if they were not in the investigator’s possession, to inspect at all reasonable times the documents that person would be entitled to inspect.\n- (a) to produce to the investigator all documents of the society and other documents about the society’s affairs in the possession or under the control of the officer; and\n- (b) to give the investigator all reasonable help with the investigation; and\n- (c) to appear before the investigator for examination on oath or affirmation.","sortOrder":233},{"sectionNumber":"sec.193","sectionType":"section","heading":"Examination of officers","content":"### sec.193 Examination of officers\n\nIf a society’s affairs are being investigated, an officer of the society must not—\nfail to comply with a requirement of an investigator under section 192 to the extent to which the officer is able to comply with it, unless the officer has a reasonable excuse; or\nin purported compliance with a requirement, knowingly give information that is false or misleading in a material particular; or\nwhen appearing before an investigator for examination under a requirement—\nstate anything the officer knows is false or misleading in a material particular; or\nfail to be sworn or make an affirmation.\nMaximum penalty—800 penalty units or 4 years imprisonment.\nA legal practitioner acting for the officer—\nmay attend the examination; and\nmay examine the officer about matters in relation to which the investigator has questioned the officer; and\nto the extent the investigator permits—may address the investigator about matters in relation to which the investigator has questioned the officer.\nA person who complies with the requirement of an investigator under this section does not incur liability to another person merely because of the compliance.\nA person required to attend for examination under this part is entitled to the allowances and expenses prescribed under a regulation.\nIt is a reasonable excuse for an officer to fail to comply with a requirement of an investigator under section 192 if complying with the requirement might tend to incriminate the officer.\n(sec.193-ssec.1) If a society’s affairs are being investigated, an officer of the society must not— fail to comply with a requirement of an investigator under section 192 to the extent to which the officer is able to comply with it, unless the officer has a reasonable excuse; or in purported compliance with a requirement, knowingly give information that is false or misleading in a material particular; or when appearing before an investigator for examination under a requirement— state anything the officer knows is false or misleading in a material particular; or fail to be sworn or make an affirmation. Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.193-ssec.2) A legal practitioner acting for the officer— may attend the examination; and may examine the officer about matters in relation to which the investigator has questioned the officer; and to the extent the investigator permits—may address the investigator about matters in relation to which the investigator has questioned the officer.\n(sec.193-ssec.3) A person who complies with the requirement of an investigator under this section does not incur liability to another person merely because of the compliance.\n(sec.193-ssec.4) A person required to attend for examination under this part is entitled to the allowances and expenses prescribed under a regulation.\n(sec.193-ssec.5) It is a reasonable excuse for an officer to fail to comply with a requirement of an investigator under section 192 if complying with the requirement might tend to incriminate the officer.\n- (a) fail to comply with a requirement of an investigator under section 192 to the extent to which the officer is able to comply with it, unless the officer has a reasonable excuse; or\n- (b) in purported compliance with a requirement, knowingly give information that is false or misleading in a material particular; or\n- (c) when appearing before an investigator for examination under a requirement— (i) state anything the officer knows is false or misleading in a material particular; or (ii) fail to be sworn or make an affirmation.\n- (i) state anything the officer knows is false or misleading in a material particular; or\n- (ii) fail to be sworn or make an affirmation.\n- (i) state anything the officer knows is false or misleading in a material particular; or\n- (ii) fail to be sworn or make an affirmation.\n- (a) may attend the examination; and\n- (b) may examine the officer about matters in relation to which the investigator has questioned the officer; and\n- (c) to the extent the investigator permits—may address the investigator about matters in relation to which the investigator has questioned the officer.","sortOrder":234},{"sectionNumber":"sec.194","sectionType":"section","heading":"Privileged communications","content":"### sec.194 Privileged communications\n\nAn officer who is a legal practitioner may refuse to give information or produce a document to an investigator if—\nthe information or document is a privileged communication between the legal practitioner as such and another person; and\nthe other person does not agree to its being given or its production; and\nsubsection (2) does not apply.\nIf the society to which the information or document relates is being wound-up, the legal practitioner must give the information or produce the document if the liquidator agrees to its being given or to its production.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nA legal practitioner commits an offence if the practitioner—\nrefuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and\nknows the name of the other person and the residential or other address at which the person might be found; and\nfails to comply with a request by the investigator to give the investigator the name and address in writing.\nMaximum penalty for subsection (3) —400 penalty units or 2 years imprisonment.\n(sec.194-ssec.1) An officer who is a legal practitioner may refuse to give information or produce a document to an investigator if— the information or document is a privileged communication between the legal practitioner as such and another person; and the other person does not agree to its being given or its production; and subsection (2) does not apply.\n(sec.194-ssec.2) If the society to which the information or document relates is being wound-up, the legal practitioner must give the information or produce the document if the liquidator agrees to its being given or to its production. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.194-ssec.3) A legal practitioner commits an offence if the practitioner— refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and knows the name of the other person and the residential or other address at which the person might be found; and fails to comply with a request by the investigator to give the investigator the name and address in writing. Maximum penalty for subsection (3) —400 penalty units or 2 years imprisonment.\n- (a) the information or document is a privileged communication between the legal practitioner as such and another person; and\n- (b) the other person does not agree to its being given or its production; and\n- (c) subsection (2) does not apply.\n- (a) refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and\n- (b) knows the name of the other person and the residential or other address at which the person might be found; and\n- (c) fails to comply with a request by the investigator to give the investigator the name and address in writing.","sortOrder":235},{"sectionNumber":"sec.195","sectionType":"section","heading":"Failure of officer to comply with requirement of investigator","content":"### sec.195 Failure of officer to comply with requirement of investigator\n\nThis section applies if an officer of a society fails to comply with a requirement of an investigator appointed to investigate the society’s affairs.\nThe investigator may, if the investigator considers that the officer did not have a lawful excuse for the failure, certify the failure by signed writing to the Supreme Court.\nIf an investigator gives a certificate under subsection (2) , the Supreme Court may inquire into the case and—\norder the officer to comply with the requirements of the investigator within a period fixed by the court; or\nif the court is satisfied that the officer failed without lawful excuse to comply with the requirement of the investigator—punish the officer in the same way as if the officer had been guilty of contempt of the court and may also make an order under paragraph (a) .\n(sec.195-ssec.1) This section applies if an officer of a society fails to comply with a requirement of an investigator appointed to investigate the society’s affairs.\n(sec.195-ssec.2) The investigator may, if the investigator considers that the officer did not have a lawful excuse for the failure, certify the failure by signed writing to the Supreme Court.\n(sec.195-ssec.3) If an investigator gives a certificate under subsection (2) , the Supreme Court may inquire into the case and— order the officer to comply with the requirements of the investigator within a period fixed by the court; or if the court is satisfied that the officer failed without lawful excuse to comply with the requirement of the investigator—punish the officer in the same way as if the officer had been guilty of contempt of the court and may also make an order under paragraph (a) .\n- (a) order the officer to comply with the requirements of the investigator within a period fixed by the court; or\n- (b) if the court is satisfied that the officer failed without lawful excuse to comply with the requirement of the investigator—punish the officer in the same way as if the officer had been guilty of contempt of the court and may also make an order under paragraph (a) .","sortOrder":236},{"sectionNumber":"sec.196","sectionType":"section","heading":"Recording of examination","content":"### sec.196 Recording of examination\n\nAn investigator may cause to be made a record of the questions asked and the answers given at an examination under this part.\nA record of the examination of a person under this part may be used in evidence in a legal proceeding against the person.\nA copy of the record of the examination of a person must be given without fee to the person on the written request of the person.\nThis section does not affect or limit the admissibility of other written or oral evidence.\nThe registrar may give a copy of the record of the examination to a legal practitioner who satisfies the registrar that the practitioner is acting for a person who is conducting, or is in good faith contemplating, legal proceedings in relation to affairs being investigated by an investigator.\nA legal practitioner to whom a copy of the record is given must—\nuse the record only for the institution or preparation of, and in the course of, legal proceedings; and\nnot publish or communicate the record or a part of it for any other purpose.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nIf a report is made under section 198 , a record made under this section about the report must be given with the report.\ns 196 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.196-ssec.1) An investigator may cause to be made a record of the questions asked and the answers given at an examination under this part.\n(sec.196-ssec.2) A record of the examination of a person under this part may be used in evidence in a legal proceeding against the person.\n(sec.196-ssec.3) A copy of the record of the examination of a person must be given without fee to the person on the written request of the person.\n(sec.196-ssec.4) This section does not affect or limit the admissibility of other written or oral evidence.\n(sec.196-ssec.5) The registrar may give a copy of the record of the examination to a legal practitioner who satisfies the registrar that the practitioner is acting for a person who is conducting, or is in good faith contemplating, legal proceedings in relation to affairs being investigated by an investigator.\n(sec.196-ssec.6) A legal practitioner to whom a copy of the record is given must— use the record only for the institution or preparation of, and in the course of, legal proceedings; and not publish or communicate the record or a part of it for any other purpose. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.196-ssec.7) If a report is made under section 198 , a record made under this section about the report must be given with the report.\n- (a) use the record only for the institution or preparation of, and in the course of, legal proceedings; and\n- (b) not publish or communicate the record or a part of it for any other purpose.","sortOrder":237},{"sectionNumber":"sec.197","sectionType":"section","heading":"Delegation of powers by investigator","content":"### sec.197 Delegation of powers by investigator\n\nAn investigator may delegate the investigator’s powers under this part except—\nthe power to administer oaths or affirmations; and\nthe power to examine on oath or affirmation.\nAn investigator may delegate the powers only to a person who has, in the investigator’s opinion, the appropriate expertise for exercising the powers (whether because of training or otherwise).\nA delegate must produce the instrument of delegation for inspection on request by an officer of a society the affairs of which are being investigated.\n(sec.197-ssec.1) An investigator may delegate the investigator’s powers under this part except— the power to administer oaths or affirmations; and the power to examine on oath or affirmation.\n(sec.197-ssec.2) An investigator may delegate the powers only to a person who has, in the investigator’s opinion, the appropriate expertise for exercising the powers (whether because of training or otherwise).\n(sec.197-ssec.3) A delegate must produce the instrument of delegation for inspection on request by an officer of a society the affairs of which are being investigated.\n- (a) the power to administer oaths or affirmations; and\n- (b) the power to examine on oath or affirmation.","sortOrder":238},{"sectionNumber":"sec.198","sectionType":"section","heading":"Report of investigator","content":"### sec.198 Report of investigator\n\nAn investigator may, and if so directed by the registrar must, make interim reports to the registrar.\nOn the completion or termination of the investigation, the investigator must report to the registrar the investigator’s opinion about the affairs of a society the investigator has investigated, together with the facts on which the opinion is based.\nAn investigator may, when making a report, give to the registrar any documents of which the investigator has taken possession under section 192 (3) .\nThe registrar—\nmay keep the documents for the period the registrar considers necessary to enable a decision to be made as to whether or not a legal proceeding ought to be instituted because of the investigation; and\nmay keep the documents for a further period the registrar considers necessary to enable the proceeding to be instituted and prosecuted; and\nmay permit other persons to inspect the documents while they are in the registrar’s possession; and\nmay permit the use of the documents for the purposes of a legal proceeding instituted because of the investigation; and\nmust permit a person who would be entitled to inspect any of the documents if they were not in the registrar’s possession to inspect at all reasonable times the documents that the person would be entitled to inspect.\nA copy of a final report must, and a copy of the whole or any part of an interim report may, if the registrar considers it appropriate, be sent by the registrar to the registered office of the society to which it relates.\nHowever, the registrar is not bound to give a society or any other person a copy of a report, or any part of a report, by an investigator if the registrar considers that there is good reason for not divulging the contents of the report or part.\nThe registrar may, if the registrar considers that it is in the public interest to do so, cause the whole or any part of a report to be printed and published.\nIf an investigator has caused a record of an examination under this part to be sent to the registrar with the report to which the record relates, a copy of the record may be given to the persons and on terms the registrar considers appropriate.\nSubsection (8) applies subject to section 196 .\ns 198 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.198-ssec.1) An investigator may, and if so directed by the registrar must, make interim reports to the registrar.\n(sec.198-ssec.2) On the completion or termination of the investigation, the investigator must report to the registrar the investigator’s opinion about the affairs of a society the investigator has investigated, together with the facts on which the opinion is based.\n(sec.198-ssec.3) An investigator may, when making a report, give to the registrar any documents of which the investigator has taken possession under section 192 (3) .\n(sec.198-ssec.4) The registrar— may keep the documents for the period the registrar considers necessary to enable a decision to be made as to whether or not a legal proceeding ought to be instituted because of the investigation; and may keep the documents for a further period the registrar considers necessary to enable the proceeding to be instituted and prosecuted; and may permit other persons to inspect the documents while they are in the registrar’s possession; and may permit the use of the documents for the purposes of a legal proceeding instituted because of the investigation; and must permit a person who would be entitled to inspect any of the documents if they were not in the registrar’s possession to inspect at all reasonable times the documents that the person would be entitled to inspect.\n(sec.198-ssec.5) A copy of a final report must, and a copy of the whole or any part of an interim report may, if the registrar considers it appropriate, be sent by the registrar to the registered office of the society to which it relates.\n(sec.198-ssec.6) However, the registrar is not bound to give a society or any other person a copy of a report, or any part of a report, by an investigator if the registrar considers that there is good reason for not divulging the contents of the report or part.\n(sec.198-ssec.7) The registrar may, if the registrar considers that it is in the public interest to do so, cause the whole or any part of a report to be printed and published.\n(sec.198-ssec.8) If an investigator has caused a record of an examination under this part to be sent to the registrar with the report to which the record relates, a copy of the record may be given to the persons and on terms the registrar considers appropriate.\n(sec.198-ssec.9) Subsection (8) applies subject to section 196 .\n- (a) may keep the documents for the period the registrar considers necessary to enable a decision to be made as to whether or not a legal proceeding ought to be instituted because of the investigation; and\n- (b) may keep the documents for a further period the registrar considers necessary to enable the proceeding to be instituted and prosecuted; and\n- (c) may permit other persons to inspect the documents while they are in the registrar’s possession; and\n- (d) may permit the use of the documents for the purposes of a legal proceeding instituted because of the investigation; and\n- (e) must permit a person who would be entitled to inspect any of the documents if they were not in the registrar’s possession to inspect at all reasonable times the documents that the person would be entitled to inspect.","sortOrder":239},{"sectionNumber":"sec.199","sectionType":"section","heading":"Proceedings following investigation","content":"### sec.199 Proceedings following investigation\n\nIf, from a report under section 198 or from the record of an examination under this part, the registrar considers that an offence may have been committed by a person and that a prosecution ought to be instituted, the registrar may cause a prosecution to be instituted and prosecuted.\nThe registrar may, by written notice given before or after the institution of a prosecution under subsection (1) , require an officer of the society the affairs of which were investigated (not being an officer who is or, in the registrar’s opinion, is likely to be, a defendant in the proceeding) to give all help for the prosecution or proposed prosecution that the officer is reasonably able to give.\nIf the officer fails to comply with the requirement stated in the notice, the Supreme Court may, on the registrar’s application, direct the officer to comply with the requirement.\nIf, from a report under section 198 or from the record of an examination under this part, the registrar considers that proceedings ought in the public interest to be brought by a society the affairs of which were investigated by the investigator, for the recovery of damages for fraud, misfeasance or other misconduct in connection with the society’s affairs, or for the recovery of the society’s property, the registrar may cause proceedings to be instituted accordingly in the society’s name.\ns 199 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.199-ssec.1) If, from a report under section 198 or from the record of an examination under this part, the registrar considers that an offence may have been committed by a person and that a prosecution ought to be instituted, the registrar may cause a prosecution to be instituted and prosecuted.\n(sec.199-ssec.2) The registrar may, by written notice given before or after the institution of a prosecution under subsection (1) , require an officer of the society the affairs of which were investigated (not being an officer who is or, in the registrar’s opinion, is likely to be, a defendant in the proceeding) to give all help for the prosecution or proposed prosecution that the officer is reasonably able to give.\n(sec.199-ssec.3) If the officer fails to comply with the requirement stated in the notice, the Supreme Court may, on the registrar’s application, direct the officer to comply with the requirement.\n(sec.199-ssec.4) If, from a report under section 198 or from the record of an examination under this part, the registrar considers that proceedings ought in the public interest to be brought by a society the affairs of which were investigated by the investigator, for the recovery of damages for fraud, misfeasance or other misconduct in connection with the society’s affairs, or for the recovery of the society’s property, the registrar may cause proceedings to be instituted accordingly in the society’s name.","sortOrder":240},{"sectionNumber":"sec.200","sectionType":"section","heading":"Admission of investigator’s report in evidence","content":"### sec.200 Admission of investigator’s report in evidence\n\nA document certified by the registrar as a copy of an investigator’s report is admissible in legal proceedings as evidence of—\nthe investigator’s report of the investigator’s opinion for part 10 , division 3 ; and\nthe facts or matters found by the investigator to exist.\nThe court before which legal proceedings are brought against a society or other person for matters dealt with in an investigator’s report under section 198 may order that a copy of the report be given to the society or person.\nThis section does not diminish the protection given to witnesses by law.\ns 200 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.200-ssec.1) A document certified by the registrar as a copy of an investigator’s report is admissible in legal proceedings as evidence of— the investigator’s report of the investigator’s opinion for part 10 , division 3 ; and the facts or matters found by the investigator to exist.\n(sec.200-ssec.2) The court before which legal proceedings are brought against a society or other person for matters dealt with in an investigator’s report under section 198 may order that a copy of the report be given to the society or person.\n(sec.200-ssec.3) This section does not diminish the protection given to witnesses by law.\n- (a) the investigator’s report of the investigator’s opinion for part 10 , division 3 ; and\n- (b) the facts or matters found by the investigator to exist.","sortOrder":241},{"sectionNumber":"sec.201","sectionType":"section","heading":"Expenses of investigation","content":"### sec.201 Expenses of investigation\n\nThe expenses of and incidental to an investigation into a society’s affairs (including the costs incurred and payable by the registrar in a proceeding brought by the registrar in a society’s name) must be paid by the registrar.\nHowever, if the registrar considers that the whole or a part of the expenses of and incidental to an investigation (including the costs incurred and payable by the registrar in a proceeding brought by the registrar in a society’s name) should be paid by the society, the registrar may by order—\ndirect that the whole, or part of, the expenses be paid by the society; or\nif the registrar has already paid the expenses under subsection (1) —direct the society to reimburse the registrar; or\nin either case—direct the society to reimburse the registrar for the remuneration of an employee of the registrar connected with the investigation.\nThe order may state—\nthe amount of the expenses to be paid or reimbursed; and\nhow and when the payment or reimbursement of the expenses is to be made.\nThe society named in the order, to the extent stated in the order, is liable to pay the expenses or reimburse the registrar for the expenses.\nAn amount for which the society is liable under the order may be recovered as a debt due to the registrar in a court having jurisdiction for the recovery of debts up to the amount involved.\nAn investigator may include in the report a recommendation whether—\nan order under subsection (2) should be made; or\nan application under subsection (7) for a similar order should be made; or\nboth an order and an application should be made.\nAn application may be made to a court by or on behalf of the registrar for the court to make the same order as the registrar may make under subsection (2) .\nThe court may make an order with respect to the application or its subject matter as it considers appropriate.\nSubsections (3) , (4) and (5) apply to an order by the court as if it were an order made by the registrar.\nAn application under subsection (7) may be made—\nduring proceedings in the court instituted in the society’s name under section 199 (4) ; or\non, or within 14 days after, a conviction by the court in proceedings certified by the registrar for the purposes of the application to have been instituted as a result of an investigation under this part of affairs of a stated society.\ns 201 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.201-ssec.1) The expenses of and incidental to an investigation into a society’s affairs (including the costs incurred and payable by the registrar in a proceeding brought by the registrar in a society’s name) must be paid by the registrar.\n(sec.201-ssec.2) However, if the registrar considers that the whole or a part of the expenses of and incidental to an investigation (including the costs incurred and payable by the registrar in a proceeding brought by the registrar in a society’s name) should be paid by the society, the registrar may by order— direct that the whole, or part of, the expenses be paid by the society; or if the registrar has already paid the expenses under subsection (1) —direct the society to reimburse the registrar; or in either case—direct the society to reimburse the registrar for the remuneration of an employee of the registrar connected with the investigation.\n(sec.201-ssec.3) The order may state— the amount of the expenses to be paid or reimbursed; and how and when the payment or reimbursement of the expenses is to be made.\n(sec.201-ssec.4) The society named in the order, to the extent stated in the order, is liable to pay the expenses or reimburse the registrar for the expenses.\n(sec.201-ssec.5) An amount for which the society is liable under the order may be recovered as a debt due to the registrar in a court having jurisdiction for the recovery of debts up to the amount involved.\n(sec.201-ssec.6) An investigator may include in the report a recommendation whether— an order under subsection (2) should be made; or an application under subsection (7) for a similar order should be made; or both an order and an application should be made.\n(sec.201-ssec.7) An application may be made to a court by or on behalf of the registrar for the court to make the same order as the registrar may make under subsection (2) .\n(sec.201-ssec.8) The court may make an order with respect to the application or its subject matter as it considers appropriate.\n(sec.201-ssec.9) Subsections (3) , (4) and (5) apply to an order by the court as if it were an order made by the registrar.\n(sec.201-ssec.10) An application under subsection (7) may be made— during proceedings in the court instituted in the society’s name under section 199 (4) ; or on, or within 14 days after, a conviction by the court in proceedings certified by the registrar for the purposes of the application to have been instituted as a result of an investigation under this part of affairs of a stated society.\n- (a) direct that the whole, or part of, the expenses be paid by the society; or\n- (b) if the registrar has already paid the expenses under subsection (1) —direct the society to reimburse the registrar; or\n- (c) in either case—direct the society to reimburse the registrar for the remuneration of an employee of the registrar connected with the investigation.\n- (a) the amount of the expenses to be paid or reimbursed; and\n- (b) how and when the payment or reimbursement of the expenses is to be made.\n- (a) an order under subsection (2) should be made; or\n- (b) an application under subsection (7) for a similar order should be made; or\n- (c) both an order and an application should be made.\n- (a) during proceedings in the court instituted in the society’s name under section 199 (4) ; or\n- (b) on, or within 14 days after, a conviction by the court in proceedings certified by the registrar for the purposes of the application to have been instituted as a result of an investigation under this part of affairs of a stated society.","sortOrder":242},{"sectionNumber":"sec.202","sectionType":"section","heading":"Concealing etc. document","content":"### sec.202 Concealing etc. document\n\nA person must not—\nconceal, destroy, mutilate or alter a document of or about a society the affairs of which are being investigated under this part; or\nsend, cause to be sent or conspire with another person to send, out of the State such a document or property belonging to or under the control of the society.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\nIn a proceeding for an offence against subsection (1) , it is a defence if the person charged proves that he or she did not act with intent to defeat the purposes of this part or to delay or obstruct the carrying out of an investigation under this part.\n(sec.202-ssec.1) A person must not— conceal, destroy, mutilate or alter a document of or about a society the affairs of which are being investigated under this part; or send, cause to be sent or conspire with another person to send, out of the State such a document or property belonging to or under the control of the society. Maximum penalty—1600 penalty units or 7 years imprisonment.\n(sec.202-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence if the person charged proves that he or she did not act with intent to defeat the purposes of this part or to delay or obstruct the carrying out of an investigation under this part.\n- (a) conceal, destroy, mutilate or alter a document of or about a society the affairs of which are being investigated under this part; or\n- (b) send, cause to be sent or conspire with another person to send, out of the State such a document or property belonging to or under the control of the society.","sortOrder":243},{"sectionNumber":"pt.12","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":244},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Review of decisions by registrar","content":"## Review of decisions by registrar","sortOrder":245},{"sectionNumber":"sec.203","sectionType":"section","heading":"Affected person may apply for review by registrar","content":"### sec.203 Affected person may apply for review by registrar\n\nA person whose interests are affected by a decision of the registrar under this Act (the original decision ) may apply to the registrar for a review of the decision.\nThe person has a right to receive a statement of the reasons for the original decision.\ns 203 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2009 No. 24 s 1855\n(sec.203-ssec.1) A person whose interests are affected by a decision of the registrar under this Act (the original decision ) may apply to the registrar for a review of the decision.\n(sec.203-ssec.2) The person has a right to receive a statement of the reasons for the original decision.","sortOrder":246},{"sectionNumber":"sec.204","sectionType":"section","heading":"Applying for review","content":"### sec.204 Applying for review\n\nThe application for review of the original decision must be made to the registrar in the approved form within 28 days after the day on which the person receives notice of the original decision.\nHowever, if—\nthe notice did not state reasons for the decision; and\nthe person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;\nthe person may make the application within 28 days after the day on which the person receives the statement of reasons.\nThe registrar may at any time extend the period for making the application.\nThe registrar must also give the applicant an opportunity to appear before the registrar and make a submission about the original decision.\ns 204 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.204-ssec.1) The application for review of the original decision must be made to the registrar in the approved form within 28 days after the day on which the person receives notice of the original decision.\n(sec.204-ssec.2) However, if— the notice did not state reasons for the decision; and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ; the person may make the application within 28 days after the day on which the person receives the statement of reasons.\n(sec.204-ssec.3) The registrar may at any time extend the period for making the application.\n(sec.204-ssec.4) The registrar must also give the applicant an opportunity to appear before the registrar and make a submission about the original decision.\n- (a) the notice did not state reasons for the decision; and\n- (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;","sortOrder":247},{"sectionNumber":"sec.205","sectionType":"section","heading":"Decision on review","content":"### sec.205 Decision on review\n\nWithin 14 days after receiving the application for review of an original decision, the registrar must—\nreview the original decision; and\nconsider the applicant’s submission; and\nmake a decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nset aside the original decision and substitute another decision.\nThe registrar must immediately give the applicant written notice of the review decision.\nThe notice must comply with the QCAT Act , section 157 (2) .\ns 205 amd 1999 No. 27 s 76 sch 1 pt 2 ; 2009 No. 24 s 1856\n(sec.205-ssec.1) Within 14 days after receiving the application for review of an original decision, the registrar must— review the original decision; and consider the applicant’s submission; and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or set aside the original decision and substitute another decision.\n(sec.205-ssec.2) The registrar must immediately give the applicant written notice of the review decision.\n(sec.205-ssec.3) The notice must comply with the QCAT Act , section 157 (2) .\n- (a) review the original decision; and\n- (b) consider the applicant’s submission; and\n- (c) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) set aside the original decision and substitute another decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) set aside the original decision and substitute another decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) set aside the original decision and substitute another decision.","sortOrder":248},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"External review of decisions by QCAT","content":"## External review of decisions by QCAT","sortOrder":249},{"sectionNumber":"sec.206","sectionType":"section","heading":"Affected person may apply for external review by QCAT","content":"### sec.206 Affected person may apply for external review by QCAT\n\nA person whose interests are affected by the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\nA copy of the application must be served on the registrar within 7 days of applying to QCAT.\ns 206 sub 2009 No. 24 s 1857\n(sec.206-ssec.1) A person whose interests are affected by the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\n(sec.206-ssec.2) A copy of the application must be served on the registrar within 7 days of applying to QCAT.","sortOrder":250},{"sectionNumber":"sec.207","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.207 Tribunal to decide review on evidence before the chief executive\n\nIn a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—\nhear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\ndecide the review of the decision in accordance with the same law that applied to the making of the original decision.\nIf the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard must be—\nheard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\ndecided in accordance with the same law that applied to the making of the original decision.\nIn this section—\noriginal decision means the decision of the chief executive to which the proceeding for the review relates.\ns 207 amd 1999 No. 27 s 76 sch 1 pt 2\nsub 2009 No. 24 s 1857\n(sec.207-ssec.1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n(sec.207-ssec.2) If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision.\n(sec.207-ssec.3) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates.\n- (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\n- (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n- (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\n- (b) decided in accordance with the same law that applied to the making of the original decision.","sortOrder":251},{"sectionNumber":"sec.208","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.208 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 207 , the tribunal may grant a party in a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied—\nthe party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and\nin the circumstances, it would be unfair not to allow the party to present the new evidence.\nIf the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\nIn this section—\nnew evidence means evidence that was not before the chief executive when the decision was made.\ns 208 sub 2009 No. 24 s 1857\n(sec.208-ssec.1) Despite section 207 , the tribunal may grant a party in a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied— the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and in the circumstances, it would be unfair not to allow the party to present the new evidence.\n(sec.208-ssec.2) If the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\n(sec.208-ssec.3) In this section— new evidence means evidence that was not before the chief executive when the decision was made.\n- (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and\n- (b) in the circumstances, it would be unfair not to allow the party to present the new evidence.","sortOrder":252},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 amd 1999 No. 27 s 76 sch 1 pt 2\nom 2009 No. 24 s 1857","sortOrder":253},{"sectionNumber":"pt.13","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":254},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":255},{"sectionNumber":"sec.210","sectionType":"section","heading":"Certificates","content":"### sec.210 Certificates\n\nIn a proceeding, a document appearing to be a certificate of registration, certificate of incorporation or other certificate issued by the registrar under this Act, or a copy of that type of document appearing to be certified as such by the registrar, is evidence of the matters stated in the certificate or copy.\nJudicial notice must be taken of the imprint of the registrar’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.\nA copy of, or extract from, a document filed with, created or otherwise held by the registrar, and certified to be a true copy or extract under the registrar’s seal—\nis admissible in a proceeding as the original document; and\nhas the same validity in evidence as the original document or the extracted part of the original document.\nIn a proceeding, a certificate of the registrar stating that a requirement of this Act specified in the certificate—\nhad, or had not, been complied with at a date or within a period stated in the certificate; or\nhad been complied with at a date stated in the certificate but not before that date;\nis evidence of the matters stated in the certificate.\ns 210 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.210-ssec.1) In a proceeding, a document appearing to be a certificate of registration, certificate of incorporation or other certificate issued by the registrar under this Act, or a copy of that type of document appearing to be certified as such by the registrar, is evidence of the matters stated in the certificate or copy.\n(sec.210-ssec.2) Judicial notice must be taken of the imprint of the registrar’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.\n(sec.210-ssec.3) A copy of, or extract from, a document filed with, created or otherwise held by the registrar, and certified to be a true copy or extract under the registrar’s seal— is admissible in a proceeding as the original document; and has the same validity in evidence as the original document or the extracted part of the original document.\n(sec.210-ssec.4) In a proceeding, a certificate of the registrar stating that a requirement of this Act specified in the certificate— had, or had not, been complied with at a date or within a period stated in the certificate; or had been complied with at a date stated in the certificate but not before that date; is evidence of the matters stated in the certificate.\n- (a) is admissible in a proceeding as the original document; and\n- (b) has the same validity in evidence as the original document or the extracted part of the original document.\n- (a) had, or had not, been complied with at a date or within a period stated in the certificate; or\n- (b) had been complied with at a date stated in the certificate but not before that date;","sortOrder":256},{"sectionNumber":"sec.211","sectionType":"section","heading":"Rules","content":"### sec.211 Rules\n\nA printed copy of a society’s rules appearing to be certified by the society’s secretary to be a true copy of its registered rules is evidence of the rules.","sortOrder":257},{"sectionNumber":"sec.212","sectionType":"section","heading":"Registers","content":"### sec.212 Registers\n\nThe registers kept under this Act are evidence of the particulars directed or authorised by or under this Act to be inserted.\nA copy of an entry in a register appearing to be certified by the secretary of the society concerned to be a true copy of the entry concerned is evidence of the particulars to which the entry relates.\n(sec.212-ssec.1) The registers kept under this Act are evidence of the particulars directed or authorised by or under this Act to be inserted.\n(sec.212-ssec.2) A copy of an entry in a register appearing to be certified by the secretary of the society concerned to be a true copy of the entry concerned is evidence of the particulars to which the entry relates.","sortOrder":258},{"sectionNumber":"sec.213","sectionType":"section","heading":"Minutes","content":"### sec.213 Minutes\n\nAn entry in the minutes purporting to be—\na minute of the business transacted at a meeting of a society or its board; and\nsigned by the chairperson of the meeting at which the business was transacted or a subsequent meeting;\nis evidence that the business as recorded was transacted at the meeting and that the meeting was duly called and held.\nAn entry in the minutes of a meeting of a society to the effect that a resolution was carried or was lost is evidence of the fact without proof of the number or proportion of votes recorded for or against the resolution.\n(sec.213-ssec.1) An entry in the minutes purporting to be— a minute of the business transacted at a meeting of a society or its board; and signed by the chairperson of the meeting at which the business was transacted or a subsequent meeting; is evidence that the business as recorded was transacted at the meeting and that the meeting was duly called and held.\n(sec.213-ssec.2) An entry in the minutes of a meeting of a society to the effect that a resolution was carried or was lost is evidence of the fact without proof of the number or proportion of votes recorded for or against the resolution.\n- (a) a minute of the business transacted at a meeting of a society or its board; and\n- (b) signed by the chairperson of the meeting at which the business was transacted or a subsequent meeting;","sortOrder":259},{"sectionNumber":"sec.214","sectionType":"section","heading":"Entries","content":"### sec.214 Entries\n\nA copy of an entry in a book of a society regularly kept in the course of business is, if certified by statutory declaration of the secretary to be a true copy of the entry, admissible in evidence in any case if, and to the same extent as, the original entry itself is admissible.","sortOrder":260},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":261},{"sectionNumber":"sec.215","sectionType":"section","heading":"Defaults by societies","content":"### sec.215 Defaults by societies\n\nA society must comply with a lawful requirement under this Act to give information to the registrar or another person.\nIf a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence.\nMaximum penalty for subsection (2) —400 penalty units or 2 years imprisonment.\ns 215 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.215-ssec.1) A society must comply with a lawful requirement under this Act to give information to the registrar or another person.\n(sec.215-ssec.2) If a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence. Maximum penalty for subsection (2) —400 penalty units or 2 years imprisonment.","sortOrder":262},{"sectionNumber":"sec.216","sectionType":"section","heading":"Restrictions on powers","content":"### sec.216 Restrictions on powers\n\nA society must not contravene a restriction imposed on its powers, or about its exercise of its powers, under this Act.\nIf a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence.\nMaximum penalty for subsection (2) —800 penalty units or 4 years imprisonment.\n(sec.216-ssec.1) A society must not contravene a restriction imposed on its powers, or about its exercise of its powers, under this Act.\n(sec.216-ssec.2) If a society contravenes subsection (1) , the society and any officer of the society who is in default each commit an offence. Maximum penalty for subsection (2) —800 penalty units or 4 years imprisonment.","sortOrder":263},{"sectionNumber":"sec.217","sectionType":"section","heading":"Interpretation provision for ss 218 – 220","content":"### sec.217 Interpretation provision for ss 218 – 220\n\nIn sections 218 , 219 and 220 —\nappropriate officer means—\nfor a society being wound-up—the liquidator; and\nfor a society under the management of an administrator—the administrator; and\nfor a society the affairs of which are being investigated under part 11 —the person nominated as the appropriate officer in the particular case by the registrar; and\nfor a society for which a receiver or manager of all or any of the society’s property has been appointed, whether by the Supreme Court or under the powers contained in an instrument—the receiver or manager; and\nfor a society that, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts—the registrar.\ns 217 def appropriate officer amd 1999 No. 27 s 76 sch 1 pt 2\nrelevant day means—\nfor a society being wound-up—the day on which under this Act the winding-up has started or is taken to have started; and\nfor a society under the management of an administrator—the day on which the administrator is appointed; and\nfor a society the affairs of which are being investigated under part 11 —the day on which the investigator was appointed; and\nfor a society for which a receiver or manager has been appointed—the day on which the receiver or manager was appointed; and\nfor a society that has, within the meaning of subsection (2) , ceased to carry on business—the day on which a letter was first sent to the society or a notice was first published in the gazette for the society; and\nfor a society that, within the meaning of subsection (2) , is unable to pay its debts—the day on which the execution or other process was returned unsatisfied in whole or in part.\nsociety to which this section applies means a society—\nthat is being wound-up; or\nthat is under the management of an administrator; or\nthe affairs of which are being investigated under part 11 ; or\nfor which a receiver or manager has been appointed, whether by the court or under the powers contained in an instrument; or\nthat, within the meaning of subsection (2) , has ceased to carry on business or cannot pay its debts.\nFor subsection (1) —\na society is taken to have ceased to carry on business if the registrar—\nhas sent to the society by post a letter stating that the registrar has no reason to believe that the society is carrying on business and has not, within 1 month of sending the letter, received an answer to the effect that the society is carrying on business; or\nhas published in the gazette a notice of the proposed deregistration of the society; and\na society is taken to be unable to pay its debts only if execution of other process issued on a judgment, decree or order of a court in favour of a creditor of the society is returned unsatisfied in whole or part.\ns 217 amd 2001 No. 45 s 29 sch 3\n(sec.217-ssec.1) In sections 218 , 219 and 220 — appropriate officer means— for a society being wound-up—the liquidator; and for a society under the management of an administrator—the administrator; and for a society the affairs of which are being investigated under part 11 —the person nominated as the appropriate officer in the particular case by the registrar; and for a society for which a receiver or manager of all or any of the society’s property has been appointed, whether by the Supreme Court or under the powers contained in an instrument—the receiver or manager; and for a society that, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts—the registrar. s 217 def appropriate officer amd 1999 No. 27 s 76 sch 1 pt 2 relevant day means— for a society being wound-up—the day on which under this Act the winding-up has started or is taken to have started; and for a society under the management of an administrator—the day on which the administrator is appointed; and for a society the affairs of which are being investigated under part 11 —the day on which the investigator was appointed; and for a society for which a receiver or manager has been appointed—the day on which the receiver or manager was appointed; and for a society that has, within the meaning of subsection (2) , ceased to carry on business—the day on which a letter was first sent to the society or a notice was first published in the gazette for the society; and for a society that, within the meaning of subsection (2) , is unable to pay its debts—the day on which the execution or other process was returned unsatisfied in whole or in part. society to which this section applies means a society— that is being wound-up; or that is under the management of an administrator; or the affairs of which are being investigated under part 11 ; or for which a receiver or manager has been appointed, whether by the court or under the powers contained in an instrument; or that, within the meaning of subsection (2) , has ceased to carry on business or cannot pay its debts.\n(sec.217-ssec.2) For subsection (1) — a society is taken to have ceased to carry on business if the registrar— has sent to the society by post a letter stating that the registrar has no reason to believe that the society is carrying on business and has not, within 1 month of sending the letter, received an answer to the effect that the society is carrying on business; or has published in the gazette a notice of the proposed deregistration of the society; and a society is taken to be unable to pay its debts only if execution of other process issued on a judgment, decree or order of a court in favour of a creditor of the society is returned unsatisfied in whole or part.\n- (a) for a society being wound-up—the liquidator; and\n- (b) for a society under the management of an administrator—the administrator; and\n- (c) for a society the affairs of which are being investigated under part 11 —the person nominated as the appropriate officer in the particular case by the registrar; and\n- (d) for a society for which a receiver or manager of all or any of the society’s property has been appointed, whether by the Supreme Court or under the powers contained in an instrument—the receiver or manager; and\n- (e) for a society that, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts—the registrar.\n- (a) for a society being wound-up—the day on which under this Act the winding-up has started or is taken to have started; and\n- (b) for a society under the management of an administrator—the day on which the administrator is appointed; and\n- (c) for a society the affairs of which are being investigated under part 11 —the day on which the investigator was appointed; and\n- (d) for a society for which a receiver or manager has been appointed—the day on which the receiver or manager was appointed; and\n- (e) for a society that has, within the meaning of subsection (2) , ceased to carry on business—the day on which a letter was first sent to the society or a notice was first published in the gazette for the society; and\n- (f) for a society that, within the meaning of subsection (2) , is unable to pay its debts—the day on which the execution or other process was returned unsatisfied in whole or in part.\n- (a) that is being wound-up; or\n- (b) that is under the management of an administrator; or\n- (c) the affairs of which are being investigated under part 11 ; or\n- (d) for which a receiver or manager has been appointed, whether by the court or under the powers contained in an instrument; or\n- (e) that, within the meaning of subsection (2) , has ceased to carry on business or cannot pay its debts.\n- (a) a society is taken to have ceased to carry on business if the registrar— (i) has sent to the society by post a letter stating that the registrar has no reason to believe that the society is carrying on business and has not, within 1 month of sending the letter, received an answer to the effect that the society is carrying on business; or (ii) has published in the gazette a notice of the proposed deregistration of the society; and\n- (i) has sent to the society by post a letter stating that the registrar has no reason to believe that the society is carrying on business and has not, within 1 month of sending the letter, received an answer to the effect that the society is carrying on business; or\n- (ii) has published in the gazette a notice of the proposed deregistration of the society; and\n- (b) a society is taken to be unable to pay its debts only if execution of other process issued on a judgment, decree or order of a court in favour of a creditor of the society is returned unsatisfied in whole or part.\n- (i) has sent to the society by post a letter stating that the registrar has no reason to believe that the society is carrying on business and has not, within 1 month of sending the letter, received an answer to the effect that the society is carrying on business; or\n- (ii) has published in the gazette a notice of the proposed deregistration of the society; and","sortOrder":264},{"sectionNumber":"sec.218","sectionType":"section","heading":"Offences by officers","content":"### sec.218 Offences by officers\n\nAn officer, or former officer, of a society to which this section applies who—\ndoes not to the best of the person’s knowledge and belief fully and truly disclose to the appropriate officer—\nall the property of the society; and\nhow and to whom and for what consideration and when the society disposed of any part of its property, other than any part that has been disposed of in the ordinary course of the society’s business; or\ndoes not deliver up to the appropriate officer, or as the appropriate officer directs—\nall the property of the society in the person’s custody or under the person’s control and that the person is required by law to deliver up; or\nall documents in the person’s custody or under the person’s control belonging to the society and that the person is required by law to deliver up; or\nwithin 5 years before the relevant day or at any time on or after that day—\nhas concealed any part of the society’s property to the value of $100 or more, or has concealed a debt due to or from the society; or\nhas fraudulently removed part of the society’s property to the value of $100 or more; or\nhas concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or about, the society’s property or affairs; or\nhas made, or has been privy to the making of, a false entry in a document affecting or about the society’s property or affairs; or\nhas fraudulently parted with, altered or made an omission in, or has been privy to fraudulent parting with, altering or making an omission in a document affecting or about the society’s property or affairs; or\nby a false representation or other fraud, has obtained on credit for or on behalf of the society, property that the society has not subsequently paid for; or\nhas obtained on credit for or on behalf of the society, under the false pretence that the society is carrying on business, property that the society has not subsequently paid for; or\nhas pawned, pledged or disposed of any of the society’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the society’s business; or\nknowingly makes a material omission in a statement about the society’s affairs; or\nknowing or believing that a false debt has been proved by a person, fails for a period of 1 month to inform the appropriate officer of the knowledge or belief; or\nprevents the production of a document affecting or about the society’s property or affairs; or\nwithin 5 years before the relevant day, or at any time on or after that day, has attempted to account for any part of the society’s property by making entries in the society’s documents showing fictitious transactions, losses or expenses; or\nwithin 5 years before the relevant day, or at any time on or after that day, has been guilty of a false representation or other fraud for obtaining the consent of the society’s creditors or any of them to an agreement about the society’s affairs or to the winding-up;\ncommits an offence.\nMaximum penalty—800 penalty units or 4 years imprisonment.\nIt is a defence to a charge—\nunder subsection (1) (a) , (b) or (d) or subsection (1) (c) (i) , (vii) or (viii) , if the accused person proves that the person had no intent to defraud; and\nunder subsection (1) (c) (iii) or (iv) or subsection (1) (f) , if the accused person proves that the person had no intent to conceal the society’s state of affairs or to defeat the law.\nIf a person pawns, pledges or disposes of property in circumstances that amount to an offence under subsection (1) (c) (viii) , a person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in those circumstances commits an offence.\nMaximum penalty—800 penalty units or 4 years imprisonment.\n(sec.218-ssec.1) An officer, or former officer, of a society to which this section applies who— does not to the best of the person’s knowledge and belief fully and truly disclose to the appropriate officer— all the property of the society; and how and to whom and for what consideration and when the society disposed of any part of its property, other than any part that has been disposed of in the ordinary course of the society’s business; or does not deliver up to the appropriate officer, or as the appropriate officer directs— all the property of the society in the person’s custody or under the person’s control and that the person is required by law to deliver up; or all documents in the person’s custody or under the person’s control belonging to the society and that the person is required by law to deliver up; or within 5 years before the relevant day or at any time on or after that day— has concealed any part of the society’s property to the value of $100 or more, or has concealed a debt due to or from the society; or has fraudulently removed part of the society’s property to the value of $100 or more; or has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or about, the society’s property or affairs; or has made, or has been privy to the making of, a false entry in a document affecting or about the society’s property or affairs; or has fraudulently parted with, altered or made an omission in, or has been privy to fraudulent parting with, altering or making an omission in a document affecting or about the society’s property or affairs; or by a false representation or other fraud, has obtained on credit for or on behalf of the society, property that the society has not subsequently paid for; or has obtained on credit for or on behalf of the society, under the false pretence that the society is carrying on business, property that the society has not subsequently paid for; or has pawned, pledged or disposed of any of the society’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the society’s business; or knowingly makes a material omission in a statement about the society’s affairs; or knowing or believing that a false debt has been proved by a person, fails for a period of 1 month to inform the appropriate officer of the knowledge or belief; or prevents the production of a document affecting or about the society’s property or affairs; or within 5 years before the relevant day, or at any time on or after that day, has attempted to account for any part of the society’s property by making entries in the society’s documents showing fictitious transactions, losses or expenses; or within 5 years before the relevant day, or at any time on or after that day, has been guilty of a false representation or other fraud for obtaining the consent of the society’s creditors or any of them to an agreement about the society’s affairs or to the winding-up; commits an offence. Maximum penalty—800 penalty units or 4 years imprisonment.\n(sec.218-ssec.2) It is a defence to a charge— under subsection (1) (a) , (b) or (d) or subsection (1) (c) (i) , (vii) or (viii) , if the accused person proves that the person had no intent to defraud; and under subsection (1) (c) (iii) or (iv) or subsection (1) (f) , if the accused person proves that the person had no intent to conceal the society’s state of affairs or to defeat the law.\n(sec.218-ssec.3) If a person pawns, pledges or disposes of property in circumstances that amount to an offence under subsection (1) (c) (viii) , a person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in those circumstances commits an offence. Maximum penalty—800 penalty units or 4 years imprisonment.\n- (a) does not to the best of the person’s knowledge and belief fully and truly disclose to the appropriate officer— (i) all the property of the society; and (ii) how and to whom and for what consideration and when the society disposed of any part of its property, other than any part that has been disposed of in the ordinary course of the society’s business; or\n- (i) all the property of the society; and\n- (ii) how and to whom and for what consideration and when the society disposed of any part of its property, other than any part that has been disposed of in the ordinary course of the society’s business; or\n- (b) does not deliver up to the appropriate officer, or as the appropriate officer directs— (i) all the property of the society in the person’s custody or under the person’s control and that the person is required by law to deliver up; or (ii) all documents in the person’s custody or under the person’s control belonging to the society and that the person is required by law to deliver up; or\n- (i) all the property of the society in the person’s custody or under the person’s control and that the person is required by law to deliver up; or\n- (ii) all documents in the person’s custody or under the person’s control belonging to the society and that the person is required by law to deliver up; or\n- (c) within 5 years before the relevant day or at any time on or after that day— (i) has concealed any part of the society’s property to the value of $100 or more, or has concealed a debt due to or from the society; or (ii) has fraudulently removed part of the society’s property to the value of $100 or more; or (iii) has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or about, the society’s property or affairs; or (iv) has made, or has been privy to the making of, a false entry in a document affecting or about the society’s property or affairs; or (v) has fraudulently parted with, altered or made an omission in, or has been privy to fraudulent parting with, altering or making an omission in a document affecting or about the society’s property or affairs; or (vi) by a false representation or other fraud, has obtained on credit for or on behalf of the society, property that the society has not subsequently paid for; or (vii) has obtained on credit for or on behalf of the society, under the false pretence that the society is carrying on business, property that the society has not subsequently paid for; or (viii) has pawned, pledged or disposed of any of the society’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the society’s business; or\n- (i) has concealed any part of the society’s property to the value of $100 or more, or has concealed a debt due to or from the society; or\n- (ii) has fraudulently removed part of the society’s property to the value of $100 or more; or\n- (iii) has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or about, the society’s property or affairs; or\n- (iv) has made, or has been privy to the making of, a false entry in a document affecting or about the society’s property or affairs; or\n- (v) has fraudulently parted with, altered or made an omission in, or has been privy to fraudulent parting with, altering or making an omission in a document affecting or about the society’s property or affairs; or\n- (vi) by a false representation or other fraud, has obtained on credit for or on behalf of the society, property that the society has not subsequently paid for; or\n- (vii) has obtained on credit for or on behalf of the society, under the false pretence that the society is carrying on business, property that the society has not subsequently paid for; or\n- (viii) has pawned, pledged or disposed of any of the society’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the society’s business; or\n- (d) knowingly makes a material omission in a statement about the society’s affairs; or\n- (e) knowing or believing that a false debt has been proved by a person, fails for a period of 1 month to inform the appropriate officer of the knowledge or belief; or\n- (f) prevents the production of a document affecting or about the society’s property or affairs; or\n- (g) within 5 years before the relevant day, or at any time on or after that day, has attempted to account for any part of the society’s property by making entries in the society’s documents showing fictitious transactions, losses or expenses; or\n- (h) within 5 years before the relevant day, or at any time on or after that day, has been guilty of a false representation or other fraud for obtaining the consent of the society’s creditors or any of them to an agreement about the society’s affairs or to the winding-up;\n- (i) all the property of the society; and\n- (ii) how and to whom and for what consideration and when the society disposed of any part of its property, other than any part that has been disposed of in the ordinary course of the society’s business; or\n- (i) all the property of the society in the person’s custody or under the person’s control and that the person is required by law to deliver up; or\n- (ii) all documents in the person’s custody or under the person’s control belonging to the society and that the person is required by law to deliver up; or\n- (i) has concealed any part of the society’s property to the value of $100 or more, or has concealed a debt due to or from the society; or\n- (ii) has fraudulently removed part of the society’s property to the value of $100 or more; or\n- (iii) has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or about, the society’s property or affairs; or\n- (iv) has made, or has been privy to the making of, a false entry in a document affecting or about the society’s property or affairs; or\n- (v) has fraudulently parted with, altered or made an omission in, or has been privy to fraudulent parting with, altering or making an omission in a document affecting or about the society’s property or affairs; or\n- (vi) by a false representation or other fraud, has obtained on credit for or on behalf of the society, property that the society has not subsequently paid for; or\n- (vii) has obtained on credit for or on behalf of the society, under the false pretence that the society is carrying on business, property that the society has not subsequently paid for; or\n- (viii) has pawned, pledged or disposed of any of the society’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the society’s business; or\n- (a) under subsection (1) (a) , (b) or (d) or subsection (1) (c) (i) , (vii) or (viii) , if the accused person proves that the person had no intent to defraud; and\n- (b) under subsection (1) (c) (iii) or (iv) or subsection (1) (f) , if the accused person proves that the person had no intent to conceal the society’s state of affairs or to defeat the law.","sortOrder":265},{"sectionNumber":"sec.219","sectionType":"section","heading":"Incurring debts not likely to be paid","content":"### sec.219 Incurring debts not likely to be paid\n\nIf an officer of a society to which this section applies was knowingly a party to the contracting of a debt by the society and had at the time the debt was contracted, no probable or reasonable grounds of expectation, after taking into consideration the society’s other liabilities (if any) at the time, of the society being able to pay the debt, the officer commits an offence.\nMaximum penalty—400 penalty units.\nIf any business of a society to which this section applies has been carried on with intent to defraud the society’s creditors or creditors of another person or for a fraudulent purpose, a person who was knowingly a party to the carrying on of the business in that way commits an offence.\nMaximum penalty—800 penalty units or 14 years imprisonment.\n(sec.219-ssec.1) If an officer of a society to which this section applies was knowingly a party to the contracting of a debt by the society and had at the time the debt was contracted, no probable or reasonable grounds of expectation, after taking into consideration the society’s other liabilities (if any) at the time, of the society being able to pay the debt, the officer commits an offence. Maximum penalty—400 penalty units.\n(sec.219-ssec.2) If any business of a society to which this section applies has been carried on with intent to defraud the society’s creditors or creditors of another person or for a fraudulent purpose, a person who was knowingly a party to the carrying on of the business in that way commits an offence. Maximum penalty—800 penalty units or 14 years imprisonment.","sortOrder":266},{"sectionNumber":"sec.220","sectionType":"section","heading":"Powers of Supreme Court","content":"### sec.220 Powers of Supreme Court\n\nIf a person has been convicted of an offence under section 219 , the Supreme Court, on the application of the registrar or a prescribed person, may declare that the person is personally responsible without any limitation of liability—\nfor a conviction under section 219 (1) —for the payment to the society of an amount equal to the whole of the debt to which the conviction relates or the part of the debt the Supreme Court considers appropriate; and\nfor a conviction under section 219 (2) —for the payment to the society of the amount required to satisfy all or any of the society’s debts as the court considers appropriate.\nFor a society to which a conviction mentioned in subsection (1) relates, the prescribed persons under the subsection are—\nthe appropriate officer; and\na creditor of the society authorised by the registrar to make an application under subsection (1) .\nIf the Supreme Court makes a declaration under subsection (1) about a person, it may—\ngive further directions it considers appropriate to give effect to the declaration and, in particular, may order that the liability of the person under the declaration is a charge on—\na debt or obligation due from the society to the person; or\nany charge or any interest in any charge on any of the society’s assets held by or vested in the person or a corporation or person on the person’s behalf or a person claiming as assignee from or through the person liable or a corporation or person acting on the person’s behalf; or\nfrom time to time make any further order necessary to enforce a charge imposed under this subsection.\nThis section has effect despite the fact that the person concerned is criminally liable for the matters on the ground on which the declaration is made.\nOn the hearing of an application under subsection (1) , the appropriate officer or other applicant may give evidence or call witnesses.\nIn subsection (3) —\nassignee includes a person to whom or in whose favour, by the direction of the person liable, the debt, obligation, or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration (other than consideration by way of marriage) given in good faith and without notice of any of the matters on which the conviction or declaration was made.\ns 220 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.220-ssec.1) If a person has been convicted of an offence under section 219 , the Supreme Court, on the application of the registrar or a prescribed person, may declare that the person is personally responsible without any limitation of liability— for a conviction under section 219 (1) —for the payment to the society of an amount equal to the whole of the debt to which the conviction relates or the part of the debt the Supreme Court considers appropriate; and for a conviction under section 219 (2) —for the payment to the society of the amount required to satisfy all or any of the society’s debts as the court considers appropriate.\n(sec.220-ssec.2) For a society to which a conviction mentioned in subsection (1) relates, the prescribed persons under the subsection are— the appropriate officer; and a creditor of the society authorised by the registrar to make an application under subsection (1) .\n(sec.220-ssec.3) If the Supreme Court makes a declaration under subsection (1) about a person, it may— give further directions it considers appropriate to give effect to the declaration and, in particular, may order that the liability of the person under the declaration is a charge on— a debt or obligation due from the society to the person; or any charge or any interest in any charge on any of the society’s assets held by or vested in the person or a corporation or person on the person’s behalf or a person claiming as assignee from or through the person liable or a corporation or person acting on the person’s behalf; or from time to time make any further order necessary to enforce a charge imposed under this subsection.\n(sec.220-ssec.4) This section has effect despite the fact that the person concerned is criminally liable for the matters on the ground on which the declaration is made.\n(sec.220-ssec.5) On the hearing of an application under subsection (1) , the appropriate officer or other applicant may give evidence or call witnesses.\n(sec.220-ssec.6) In subsection (3) — assignee includes a person to whom or in whose favour, by the direction of the person liable, the debt, obligation, or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration (other than consideration by way of marriage) given in good faith and without notice of any of the matters on which the conviction or declaration was made.\n- (a) for a conviction under section 219 (1) —for the payment to the society of an amount equal to the whole of the debt to which the conviction relates or the part of the debt the Supreme Court considers appropriate; and\n- (b) for a conviction under section 219 (2) —for the payment to the society of the amount required to satisfy all or any of the society’s debts as the court considers appropriate.\n- (a) the appropriate officer; and\n- (b) a creditor of the society authorised by the registrar to make an application under subsection (1) .\n- (a) give further directions it considers appropriate to give effect to the declaration and, in particular, may order that the liability of the person under the declaration is a charge on— (i) a debt or obligation due from the society to the person; or (ii) any charge or any interest in any charge on any of the society’s assets held by or vested in the person or a corporation or person on the person’s behalf or a person claiming as assignee from or through the person liable or a corporation or person acting on the person’s behalf; or\n- (i) a debt or obligation due from the society to the person; or\n- (ii) any charge or any interest in any charge on any of the society’s assets held by or vested in the person or a corporation or person on the person’s behalf or a person claiming as assignee from or through the person liable or a corporation or person acting on the person’s behalf; or\n- (b) from time to time make any further order necessary to enforce a charge imposed under this subsection.\n- (i) a debt or obligation due from the society to the person; or\n- (ii) any charge or any interest in any charge on any of the society’s assets held by or vested in the person or a corporation or person on the person’s behalf or a person claiming as assignee from or through the person liable or a corporation or person acting on the person’s behalf; or","sortOrder":267},{"sectionNumber":"sec.221","sectionType":"section","heading":"Inducement to be appointed as liquidator","content":"### sec.221 Inducement to be appointed as liquidator\n\nA person must not give, or agree or offer to give, to a member or creditor of a society valuable consideration for securing the person’s appointment or nomination, or to securing or preventing the appointment or nomination of another person, as the liquidator of the society.\nMaximum penalty—400 penalty units or 2 years imprisonment.","sortOrder":268},{"sectionNumber":"sec.222","sectionType":"section","heading":"Falsification of records","content":"### sec.222 Falsification of records\n\nAn officer of a society must not destroy, mutilate, alter or falsify a document or security, or make or be privy to the making of a false or fraudulent entry in a document, belonging to the society with intent to defraud or deceive a person.\nA person who has a duty to record information in the documents of a society must not fail to record the information in the documents—\nwith intent to defraud another person; or\nknowing that the failure will render other matter contained in the documents false or misleading in a material particular.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\n(sec.222-ssec.1) An officer of a society must not destroy, mutilate, alter or falsify a document or security, or make or be privy to the making of a false or fraudulent entry in a document, belonging to the society with intent to defraud or deceive a person.\n(sec.222-ssec.2) A person who has a duty to record information in the documents of a society must not fail to record the information in the documents— with intent to defraud another person; or knowing that the failure will render other matter contained in the documents false or misleading in a material particular. Maximum penalty—1600 penalty units or 7 years imprisonment.\n- (a) with intent to defraud another person; or\n- (b) knowing that the failure will render other matter contained in the documents false or misleading in a material particular.","sortOrder":269},{"sectionNumber":"sec.223","sectionType":"section","heading":"Frauds by officers","content":"### sec.223 Frauds by officers\n\nAn officer of a society must not—\nby false pretence, or by means of another fraud, induce a person to give credit to the society; or\nwith intent to defraud creditors of the society, make or cause to be made a gift or transfer of, or charge on, or cause or connive at the levying of an execution against, the society’s property; or\nwith intent to defraud the society’s creditors, conceal or remove part of the society’s property within 2 months before, or on or after, the date of an unsatisfied judgment or order for payment of money obtained against the society.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\n- (a) by false pretence, or by means of another fraud, induce a person to give credit to the society; or\n- (b) with intent to defraud creditors of the society, make or cause to be made a gift or transfer of, or charge on, or cause or connive at the levying of an execution against, the society’s property; or\n- (c) with intent to defraud the society’s creditors, conceal or remove part of the society’s property within 2 months before, or on or after, the date of an unsatisfied judgment or order for payment of money obtained against the society.","sortOrder":270},{"sectionNumber":"sec.224","sectionType":"section","heading":"Definition of relevant person for ss 225 – 226","content":"### sec.224 Definition of relevant person for ss 225 – 226\n\nIn sections 225 and 226 —\nrelevant person means a person exercising powers under this Act, and includes an inspector.","sortOrder":271},{"sectionNumber":"sec.225","sectionType":"section","heading":"False or misleading statements","content":"### sec.225 False or misleading statements\n\nA person must not state anything to the registrar or a relevant person that the person knows is false or misleading in a material particular.\nMaximum penalty—800 penalty units or imprisonment for 4 years.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person’s knowledge.\ns 225 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.225-ssec.1) A person must not state anything to the registrar or a relevant person that the person knows is false or misleading in a material particular. Maximum penalty—800 penalty units or imprisonment for 4 years.\n(sec.225-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person’s knowledge.","sortOrder":272},{"sectionNumber":"sec.226","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.226 False, misleading or incomplete documents\n\nA person must not give to the registrar or a relevant person a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—800 penalty units or imprisonment for 4 years.\nHowever, a person does not commit an offence against subsection (1) if the person, when giving the document—\ntells the registrar or the relevant person, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the registrar or the relevant person the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\ns 226 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.226-ssec.1) A person must not give to the registrar or a relevant person a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—800 penalty units or imprisonment for 4 years.\n(sec.226-ssec.2) However, a person does not commit an offence against subsection (1) if the person, when giving the document— tells the registrar or the relevant person, to the best of the person’s ability, how it is false, misleading or incomplete; and if the person has, or can reasonably obtain, the correct information—gives the registrar or the relevant person the correct information.\n(sec.226-ssec.3) It is enough for a complaint for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the registrar or the relevant person, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the registrar or the relevant person the correct information.","sortOrder":273},{"sectionNumber":"sec.227","sectionType":"section","heading":"Power of court to assess damages against certain persons","content":"### sec.227 Power of court to assess damages against certain persons\n\nIn this section—\nprescribed person means—\na liquidator or provisional liquidator of the society concerned; or\nif the society concerned is under the management of an administrator—the administrator or a member of the society; or\na person authorised by the registrar to apply under subsection (3) .\nsociety to which this section applies means a society—\nthat is being wound-up; or\nthat is under the management of an administrator; or\nthe affairs of which are being investigated under part 11 ; or\nfor which a receiver or manager has been appointed, whether by the Supreme Court or under the powers contained in an instrument; or\nthat, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts; or\nthat has entered into a compromise or scheme of arrangement with its creditors.\nFor subsection (1) , a society has ceased to carry on business, or is unable to pay its debts, in the circumstances mentioned in section 217 (2) .\nSubsection (4) applies if, on application by the registrar or a prescribed person, the Supreme Court is satisfied that a person who has taken part in the formation, promotion, administration, management or winding-up of a society to which this section applies—\nhas misapplied or kept or become liable or accountable for property of the society; or\nhas been guilty of negligence, default, breach of trust or breach of duty in relation to the society and that the society has suffered, or is likely to suffer, loss or damage as a result.\nThe Supreme Court may make 1 or both of the following orders—\nan order directing the person to pay money or transfer property to the society;\nan order directing the person to pay to the society the amount of the loss or damage.\nThis section applies to the receipt of an amount or property by an officer or former officer of the society, whether by way of salary or otherwise, that appears to the Supreme Court to have been unfair or unjust to the society or its members.\nThis section applies despite the fact that the person concerned may be criminally liable for the matters for which the order is sought.\nIf the Supreme Court is satisfied that an application was made under this section without reasonable cause, it may order the whole or a part of the costs incurred by the person against whom the order was sought to be paid by the applicant.\ns 227 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.227-ssec.1) In this section— prescribed person means— a liquidator or provisional liquidator of the society concerned; or if the society concerned is under the management of an administrator—the administrator or a member of the society; or a person authorised by the registrar to apply under subsection (3) . society to which this section applies means a society— that is being wound-up; or that is under the management of an administrator; or the affairs of which are being investigated under part 11 ; or for which a receiver or manager has been appointed, whether by the Supreme Court or under the powers contained in an instrument; or that, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts; or that has entered into a compromise or scheme of arrangement with its creditors.\n(sec.227-ssec.2) For subsection (1) , a society has ceased to carry on business, or is unable to pay its debts, in the circumstances mentioned in section 217 (2) .\n(sec.227-ssec.3) Subsection (4) applies if, on application by the registrar or a prescribed person, the Supreme Court is satisfied that a person who has taken part in the formation, promotion, administration, management or winding-up of a society to which this section applies— has misapplied or kept or become liable or accountable for property of the society; or has been guilty of negligence, default, breach of trust or breach of duty in relation to the society and that the society has suffered, or is likely to suffer, loss or damage as a result.\n(sec.227-ssec.4) The Supreme Court may make 1 or both of the following orders— an order directing the person to pay money or transfer property to the society; an order directing the person to pay to the society the amount of the loss or damage.\n(sec.227-ssec.5) This section applies to the receipt of an amount or property by an officer or former officer of the society, whether by way of salary or otherwise, that appears to the Supreme Court to have been unfair or unjust to the society or its members.\n(sec.227-ssec.6) This section applies despite the fact that the person concerned may be criminally liable for the matters for which the order is sought.\n(sec.227-ssec.7) If the Supreme Court is satisfied that an application was made under this section without reasonable cause, it may order the whole or a part of the costs incurred by the person against whom the order was sought to be paid by the applicant.\n- (a) a liquidator or provisional liquidator of the society concerned; or\n- (b) if the society concerned is under the management of an administrator—the administrator or a member of the society; or\n- (c) a person authorised by the registrar to apply under subsection (3) .\n- (a) that is being wound-up; or\n- (b) that is under the management of an administrator; or\n- (c) the affairs of which are being investigated under part 11 ; or\n- (d) for which a receiver or manager has been appointed, whether by the Supreme Court or under the powers contained in an instrument; or\n- (e) that, within the meaning of subsection (2) , has ceased to carry on business or is unable to pay its debts; or\n- (f) that has entered into a compromise or scheme of arrangement with its creditors.\n- (a) has misapplied or kept or become liable or accountable for property of the society; or\n- (b) has been guilty of negligence, default, breach of trust or breach of duty in relation to the society and that the society has suffered, or is likely to suffer, loss or damage as a result.\n- (a) an order directing the person to pay money or transfer property to the society;\n- (b) an order directing the person to pay to the society the amount of the loss or damage.","sortOrder":274},{"sectionNumber":"sec.228","sectionType":"section","heading":"False copies of rules","content":"### sec.228 False copies of rules\n\nA person must not—\ngive a member of a society or a person intending or applying to become a member, a copy of the rules or an alteration of the rules other than those that have been properly registered, representing that they are binding on the society’s members; or\nmake an alteration in any of the rules of the society after they have been properly registered and circulate them representing that they have been properly registered.\nMaximum penalty—160 penalty units.\n- (a) give a member of a society or a person intending or applying to become a member, a copy of the rules or an alteration of the rules other than those that have been properly registered, representing that they are binding on the society’s members; or\n- (b) make an alteration in any of the rules of the society after they have been properly registered and circulate them representing that they have been properly registered.","sortOrder":275},{"sectionNumber":"sec.229","sectionType":"section","heading":"Fraud or misappropriation","content":"### sec.229 Fraud or misappropriation\n\nA person must not—\nby false representation or imposition obtain possession of property of a society; or\nhaving property of a society in the person’s possession, withhold or misapply the property, or wilfully apply part of the property, to purposes other than those stated or authorised in the society’s rules or under this Act.\nMaximum penalty—1600 penalty units or 7 years imprisonment.\n- (a) by false representation or imposition obtain possession of property of a society; or\n- (b) having property of a society in the person’s possession, withhold or misapply the property, or wilfully apply part of the property, to purposes other than those stated or authorised in the society’s rules or under this Act.","sortOrder":276},{"sectionNumber":"sec.230","sectionType":"section","heading":"Commissions","content":"### sec.230 Commissions\n\nAn officer of a society must not accept a commission, fee or reward, whether monetary or otherwise, from a person for or about that person’s transaction with the society.\nMaximum penalty—80 penalty units.\nAn officer of a society who commits an offence against subsection (1) is indebted to the society for double the value or amount of the commission, fee or reward.\n(sec.230-ssec.1) An officer of a society must not accept a commission, fee or reward, whether monetary or otherwise, from a person for or about that person’s transaction with the society. Maximum penalty—80 penalty units.\n(sec.230-ssec.2) An officer of a society who commits an offence against subsection (1) is indebted to the society for double the value or amount of the commission, fee or reward.","sortOrder":277},{"sectionNumber":"sec.231","sectionType":"section","heading":"Officers and other persons in default","content":"### sec.231 Officers and other persons in default\n\nIf this Act provides that an officer of a society who is in default commits an offence, the reference to the officer who is in default is, for a contravention of, or an offence against, this Act, a reference to an officer of the society (including a person who later ceased to be an officer of the society) who is in any way by act or omission, directly or indirectly, knowingly concerned in or party to the contravention or offence.","sortOrder":278},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":279},{"sectionNumber":"sec.232","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.232 Indictable and summary offences\n\nAn offence against this Act for which the maximum penalty of imprisonment is 2 years or more is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.232-ssec.1) An offence against this Act for which the maximum penalty of imprisonment is 2 years or more is an indictable offence.\n(sec.232-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":280},{"sectionNumber":"sec.233","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.233 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers that the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units or 1 year’s imprisonment.\n(sec.233-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.233-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment.\n(sec.233-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.233-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units or 1 year’s imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers that the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":281},{"sectionNumber":"sec.234","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.234 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.234-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.234-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":282},{"sectionNumber":"sec.235","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.235 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start within 2 years after the alleged offence is committed.","sortOrder":283},{"sectionNumber":"sec.236","sectionType":"section","heading":"Continuing offences","content":"### sec.236 Continuing offences\n\nIf—\nunder this Act anything is required or directed to be done within a particular period or before a particular time; and\nfailure to do the thing within the period or before the time constitutes an offence; and\nthe thing is not done within the period or before the time;\nthen—\nthe obligation to do the thing continues, despite the fact that the period has expired or the time has passed, until the thing is done; and\nif a person is convicted of an offence that is constituted by failure to do the thing within that period or before the time—the person commits a separate and further offence for each day after the day of the conviction during which the failure to do the thing continues; and\nthe penalty that applies to each separate and further offence is 8 penalty units.\nIf—\nunder this Act anything is required or directed to be done but no period within which or time by which the thing is to be done is specified; and\nfailure to do the thing constitutes an offence; and\na person is convicted of an offence for a failure to do the thing;\nthe person commits a separate and further offence for each day after the day of the conviction during which the failure to do the thing continues and the penalty that applies to each separate and further offence is 8 penalty units.\n(sec.236-ssec.1) If— under this Act anything is required or directed to be done within a particular period or before a particular time; and failure to do the thing within the period or before the time constitutes an offence; and the thing is not done within the period or before the time; then— the obligation to do the thing continues, despite the fact that the period has expired or the time has passed, until the thing is done; and if a person is convicted of an offence that is constituted by failure to do the thing within that period or before the time—the person commits a separate and further offence for each day after the day of the conviction during which the failure to do the thing continues; and the penalty that applies to each separate and further offence is 8 penalty units.\n(sec.236-ssec.2) If— under this Act anything is required or directed to be done but no period within which or time by which the thing is to be done is specified; and failure to do the thing constitutes an offence; and a person is convicted of an offence for a failure to do the thing; the person commits a separate and further offence for each day after the day of the conviction during which the failure to do the thing continues and the penalty that applies to each separate and further offence is 8 penalty units.\n- (a) under this Act anything is required or directed to be done within a particular period or before a particular time; and\n- (b) failure to do the thing within the period or before the time constitutes an offence; and\n- (c) the thing is not done within the period or before the time;\n- (d) the obligation to do the thing continues, despite the fact that the period has expired or the time has passed, until the thing is done; and\n- (e) if a person is convicted of an offence that is constituted by failure to do the thing within that period or before the time—the person commits a separate and further offence for each day after the day of the conviction during which the failure to do the thing continues; and\n- (f) the penalty that applies to each separate and further offence is 8 penalty units.\n- (a) under this Act anything is required or directed to be done but no period within which or time by which the thing is to be done is specified; and\n- (b) failure to do the thing constitutes an offence; and\n- (c) a person is convicted of an offence for a failure to do the thing;","sortOrder":284},{"sectionNumber":"sec.237","sectionType":"section","heading":"Injunctions","content":"### sec.237 Injunctions\n\nThis section applies if a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute—\na contravention of this Act; or\nattempting to contravene this Act; or\naiding, counselling or procuring a person to contravene this Act; or\ninducing or attempting to induce (whether by threats, promises or otherwise) a person to contravene this Act; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or\nconspiring with others to contravene this Act.\nThe Supreme Court may, on the application of the registrar or a person whose interests have been, are or would be affected by the conduct mentioned in subsection (1) , grant an injunction restraining the person from engaging in the conduct and, if in the court’s opinion it is desirable to do so, requiring that person to do anything.\nIf a person has failed, is failing, or is proposing to fail, to do anything that the person is required to do under this Act, the Supreme Court may, on the application of the registrar or a person whose interests have been, are or would be affected by the failure to do the thing, grant an injunction requiring the person to do the thing.\nIf an application is made for an injunction under subsection (2) or (3) , the Supreme Court may grant an injunction by consent of all the parties to the proceeding, whether or not the court is satisfied that the subsection applies.\nThe Supreme Court may grant an interim injunction pending determination of an application under subsection (1) .\nThe Supreme Court may discharge or vary an injunction granted under this section, and may grant an injunction on terms.\nThe power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\nwhether or not the person has previously engaged in conduct of that kind; and\nwhether or not there is an imminent danger of substantial damage to another person if the person engages, or continues to engage, in the conduct.\nThe power of the Supreme Court to grant an injunction requiring a person to do a thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; and\nwhether or not the person has previously failed to do the thing; and\nwhether or not there is an imminent danger of substantial damage to another person if the person fails, or continues to fail, to do the thing.\nIf the registrar applies to the Supreme Court for the grant of an injunction under this section, the court must not require the applicant or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.\nIf the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct or requiring a person to do a particular thing, the court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person.\nThe Supreme Court’s powers under this section are in addition to its other powers.\ns 237 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.237-ssec.1) This section applies if a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute— a contravention of this Act; or attempting to contravene this Act; or aiding, counselling or procuring a person to contravene this Act; or inducing or attempting to induce (whether by threats, promises or otherwise) a person to contravene this Act; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or conspiring with others to contravene this Act.\n(sec.237-ssec.2) The Supreme Court may, on the application of the registrar or a person whose interests have been, are or would be affected by the conduct mentioned in subsection (1) , grant an injunction restraining the person from engaging in the conduct and, if in the court’s opinion it is desirable to do so, requiring that person to do anything.\n(sec.237-ssec.3) If a person has failed, is failing, or is proposing to fail, to do anything that the person is required to do under this Act, the Supreme Court may, on the application of the registrar or a person whose interests have been, are or would be affected by the failure to do the thing, grant an injunction requiring the person to do the thing.\n(sec.237-ssec.4) If an application is made for an injunction under subsection (2) or (3) , the Supreme Court may grant an injunction by consent of all the parties to the proceeding, whether or not the court is satisfied that the subsection applies.\n(sec.237-ssec.5) The Supreme Court may grant an interim injunction pending determination of an application under subsection (1) .\n(sec.237-ssec.6) The Supreme Court may discharge or vary an injunction granted under this section, and may grant an injunction on terms.\n(sec.237-ssec.7) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in conduct of that kind; and whether or not there is an imminent danger of substantial damage to another person if the person engages, or continues to engage, in the conduct.\n(sec.237-ssec.8) The power of the Supreme Court to grant an injunction requiring a person to do a thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; and whether or not the person has previously failed to do the thing; and whether or not there is an imminent danger of substantial damage to another person if the person fails, or continues to fail, to do the thing.\n(sec.237-ssec.9) If the registrar applies to the Supreme Court for the grant of an injunction under this section, the court must not require the applicant or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.237-ssec.10) If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct or requiring a person to do a particular thing, the court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person.\n(sec.237-ssec.11) The Supreme Court’s powers under this section are in addition to its other powers.\n- (a) a contravention of this Act; or\n- (b) attempting to contravene this Act; or\n- (c) aiding, counselling or procuring a person to contravene this Act; or\n- (d) inducing or attempting to induce (whether by threats, promises or otherwise) a person to contravene this Act; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or\n- (f) conspiring with others to contravene this Act.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\n- (b) whether or not the person has previously engaged in conduct of that kind; and\n- (c) whether or not there is an imminent danger of substantial damage to another person if the person engages, or continues to engage, in the conduct.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; and\n- (b) whether or not the person has previously failed to do the thing; and\n- (c) whether or not there is an imminent danger of substantial damage to another person if the person fails, or continues to fail, to do the thing.","sortOrder":285},{"sectionNumber":"sec.238","sectionType":"section","heading":"Power to grant relief","content":"### sec.238 Power to grant relief\n\nThis section applies to a person who is—\nan officer of a society; or\nan auditor of a society, whether or not the auditor is an officer of the society; or\nan expert for a matter in relation to which the civil proceeding has been taken or the claim will or might arise; or\na receiver, receiver and manager, liquidator or other person appointed or directed by the Supreme Court to carry out a duty in relation to a society.\nIf, in a civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity because of which the person is such a person, it appears to the Supreme Court before which the proceeding is taken that the person is or may be liable in relation to the negligence, default or breach but has acted honestly and, having regard to all the circumstances of the case, including those connected with the person’s appointment, ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from the liability on such terms as the court considers appropriate.\nIf a person to whom this section applies has reason to believe that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty in a capacity because of which the person is such a person, the person may apply to the Supreme Court for relief.\nThe Supreme Court has the same power to grant relief under subsection (3) as it would have had under subsection (2) if it had been a court before which a proceeding against the person for negligence, default, breach of trust or breach of duty had been brought.\n(sec.238-ssec.1) This section applies to a person who is— an officer of a society; or an auditor of a society, whether or not the auditor is an officer of the society; or an expert for a matter in relation to which the civil proceeding has been taken or the claim will or might arise; or a receiver, receiver and manager, liquidator or other person appointed or directed by the Supreme Court to carry out a duty in relation to a society.\n(sec.238-ssec.2) If, in a civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity because of which the person is such a person, it appears to the Supreme Court before which the proceeding is taken that the person is or may be liable in relation to the negligence, default or breach but has acted honestly and, having regard to all the circumstances of the case, including those connected with the person’s appointment, ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from the liability on such terms as the court considers appropriate.\n(sec.238-ssec.3) If a person to whom this section applies has reason to believe that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty in a capacity because of which the person is such a person, the person may apply to the Supreme Court for relief.\n(sec.238-ssec.4) The Supreme Court has the same power to grant relief under subsection (3) as it would have had under subsection (2) if it had been a court before which a proceeding against the person for negligence, default, breach of trust or breach of duty had been brought.\n- (a) an officer of a society; or\n- (b) an auditor of a society, whether or not the auditor is an officer of the society; or\n- (c) an expert for a matter in relation to which the civil proceeding has been taken or the claim will or might arise; or\n- (d) a receiver, receiver and manager, liquidator or other person appointed or directed by the Supreme Court to carry out a duty in relation to a society.","sortOrder":286},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":287},{"sectionNumber":"sec.239","sectionType":"section","heading":"Secrecy","content":"### sec.239 Secrecy\n\nIn this section—\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions.\nperson to whom this section applies means a person who is, or was at any time, involved in the administration of this Act.\nproduce includes permit access to.\nprotected document means a document that—\ncontains information that concerns a person; and\nis obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under this Act.\nprotected information means information that—\nconcerns a person; and\nis disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\nA person to whom this section applies must not—\nmake a record of protected information; or\nwhether directly or indirectly, divulge or communicate to a person protected information about another person.\nMaximum penalty—160 penalty units.\nHowever, subsection (2) does not apply if the record is made, or the information divulged or communicated—\nunder this Act; or\nin the performance of duties, as a person to whom this section applies, under this Act.\nUnless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required—\nto divulge or communicate protected information to a court; or\nto produce a protected document in court.\nThis section applies subject to section 133 .\ns 239 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.239-ssec.1) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is, or was at any time, involved in the administration of this Act. produce includes permit access to. protected document means a document that— contains information that concerns a person; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under this Act. protected information means information that— concerns a person; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\n(sec.239-ssec.2) A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person. Maximum penalty—160 penalty units.\n(sec.239-ssec.3) However, subsection (2) does not apply if the record is made, or the information divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act.\n(sec.239-ssec.4) Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court.\n(sec.239-ssec.5) This section applies subject to section 133 .\n- (a) contains information that concerns a person; and\n- (b) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under this Act.\n- (a) concerns a person; and\n- (b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\n- (a) make a record of protected information; or\n- (b) whether directly or indirectly, divulge or communicate to a person protected information about another person.\n- (a) under this Act; or\n- (b) in the performance of duties, as a person to whom this section applies, under this Act.\n- (a) to divulge or communicate protected information to a court; or\n- (b) to produce a protected document in court.","sortOrder":288},{"sectionNumber":"sec.240","sectionType":"section","heading":"Abolition of doctrine of ultra vires","content":"### sec.240 Abolition of doctrine of ultra vires\n\nThe object of this section is—\nto abolish any application of the doctrine of ultra vires to societies; and\nto ensure that societies give effect to any restrictions on their powers, but without affecting the validity of their dealings with outsiders.\nIn this section, a reference to the doing of an act by a society includes a reference to—\nthe making of an agreement by the society; and\na transfer of property to or by the society.\nSections 66 and 75 apply to a society subject to any restrictions on its powers expressly imposed under this Act or the society’s rules.\nA society contravenes this subsection if—\na society exercises a power contrary to a restriction mentioned in subsection (3) ; or\nthe society does an act otherwise than in pursuance of its objects under this Act.\nThe exercise of the power, or the act, is not invalid merely because of the contravention.\nAn officer of a society who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (6) .\nThe society or officer does not commit an offence merely because of a contravention of this section.\nThe fact that—\nby exercising a power mentioned in subsection (4) (a) , or doing an act mentioned in subsection (4) (b) , a society contravened, or would contravene, subsection (4) ; or\nby doing a particular act, an officer of a society contravened, or would contravene, subsection (6) ;\nmay be asserted or relied on only in the following circumstances—\na prosecution of a person for an offence against this Act;\nan application for an injunction under section 237 to restrain the society from entering into an agreement;\na proceeding (other than an application for an injunction) by the society, or by a member of the society, against an officer or former officer of the society;\nan application by the registrar or by a member of the society for the winding-up of the society.\nSubsection (11) applies if, had subsection (9) not been enacted, the Supreme Court would have power under section 237 to grant, on the application of a person, an injunction restraining a society, or an officer of a society, from engaging in particular conduct constituting a contravention of subsection (4) or (6) .\nThe Supreme Court may, on the application of the person, order the society or the officer to pay damages to the person or to someone else.\nThis section applies subject to section 67 .\nIn this section—\nrestriction includes prohibition.\ns 240 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.240-ssec.1) The object of this section is— to abolish any application of the doctrine of ultra vires to societies; and to ensure that societies give effect to any restrictions on their powers, but without affecting the validity of their dealings with outsiders.\n(sec.240-ssec.2) In this section, a reference to the doing of an act by a society includes a reference to— the making of an agreement by the society; and a transfer of property to or by the society.\n(sec.240-ssec.3) Sections 66 and 75 apply to a society subject to any restrictions on its powers expressly imposed under this Act or the society’s rules.\n(sec.240-ssec.4) A society contravenes this subsection if— a society exercises a power contrary to a restriction mentioned in subsection (3) ; or the society does an act otherwise than in pursuance of its objects under this Act.\n(sec.240-ssec.5) The exercise of the power, or the act, is not invalid merely because of the contravention.\n(sec.240-ssec.6) An officer of a society who is involved in the contravention contravenes this subsection.\n(sec.240-ssec.7) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (6) .\n(sec.240-ssec.8) The society or officer does not commit an offence merely because of a contravention of this section.\n(sec.240-ssec.9) The fact that— by exercising a power mentioned in subsection (4) (a) , or doing an act mentioned in subsection (4) (b) , a society contravened, or would contravene, subsection (4) ; or by doing a particular act, an officer of a society contravened, or would contravene, subsection (6) ; may be asserted or relied on only in the following circumstances— a prosecution of a person for an offence against this Act; an application for an injunction under section 237 to restrain the society from entering into an agreement; a proceeding (other than an application for an injunction) by the society, or by a member of the society, against an officer or former officer of the society; an application by the registrar or by a member of the society for the winding-up of the society.\n(sec.240-ssec.10) Subsection (11) applies if, had subsection (9) not been enacted, the Supreme Court would have power under section 237 to grant, on the application of a person, an injunction restraining a society, or an officer of a society, from engaging in particular conduct constituting a contravention of subsection (4) or (6) .\n(sec.240-ssec.11) The Supreme Court may, on the application of the person, order the society or the officer to pay damages to the person or to someone else.\n(sec.240-ssec.12) This section applies subject to section 67 .\n(sec.240-ssec.13) In this section— restriction includes prohibition.\n- (a) to abolish any application of the doctrine of ultra vires to societies; and\n- (b) to ensure that societies give effect to any restrictions on their powers, but without affecting the validity of their dealings with outsiders.\n- (a) the making of an agreement by the society; and\n- (b) a transfer of property to or by the society.\n- (a) a society exercises a power contrary to a restriction mentioned in subsection (3) ; or\n- (b) the society does an act otherwise than in pursuance of its objects under this Act.\n- (a) by exercising a power mentioned in subsection (4) (a) , or doing an act mentioned in subsection (4) (b) , a society contravened, or would contravene, subsection (4) ; or\n- (b) by doing a particular act, an officer of a society contravened, or would contravene, subsection (6) ;\n- (c) a prosecution of a person for an offence against this Act;\n- (d) an application for an injunction under section 237 to restrain the society from entering into an agreement;\n- (e) a proceeding (other than an application for an injunction) by the society, or by a member of the society, against an officer or former officer of the society;\n- (f) an application by the registrar or by a member of the society for the winding-up of the society.","sortOrder":289},{"sectionNumber":"sec.241","sectionType":"section","heading":"Persons having dealings with a society","content":"### sec.241 Persons having dealings with a society\n\nA person having dealings with a society is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the society that the matters that the person is entitled to assume were not correct must be disregarded.\nA person having dealings with a person who has acquired, or purports to have acquired, title to property from a society (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the society or the second person that the matters the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act and the society’s rules have been complied with; and\nthat a person who appears, from returns filed with or given to the registrar under this Act, to be a director, the principal executive officer or the secretary of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by a person of that type for a society; and\nthat a person who is held out by the society to be an officer or agent of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat an officer or agent of the society who has authority to issue a document for the society has authority to warrant that the document is genuine and that an officer or agent of the society who has authority to issue a certified copy of a document for the society has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by the society if—\nit bears what appears to be an imprint of the society’s seal; and\nthe sealing of the document appears to be authenticated under the society’s rules by a person or persons mentioned in the rules as authorised to attest the sealing of the document who, because of paragraph (b) or (c) , may be assumed to be that person or those persons; and\nthat the directors, secretary, officers, employees and agents have properly performed their duties to the society.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with the society, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is about dealings with the society— subsection (1) does not apply to an assertion by the society about the assumption; and\nif the assumption is about dealings about an acquisition or purported acquisition from the society of title to property— subsection (2) does not apply to an assertion by the society or someone else about the assumption.\ns 241 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.241-ssec.1) A person having dealings with a society is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the society that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.241-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from a society (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the society or the second person that the matters the first person is entitled to assume were not correct must be disregarded.\n(sec.241-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act and the society’s rules have been complied with; and that a person who appears, from returns filed with or given to the registrar under this Act, to be a director, the principal executive officer or the secretary of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by a person of that type for a society; and that a person who is held out by the society to be an officer or agent of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the society who has authority to issue a document for the society has authority to warrant that the document is genuine and that an officer or agent of the society who has authority to issue a certified copy of a document for the society has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the society if— it bears what appears to be an imprint of the society’s seal; and the sealing of the document appears to be authenticated under the society’s rules by a person or persons mentioned in the rules as authorised to attest the sealing of the document who, because of paragraph (b) or (c) , may be assumed to be that person or those persons; and that the directors, secretary, officers, employees and agents have properly performed their duties to the society.\n(sec.241-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the society, the person ought to know that the assumption would be incorrect.\n(sec.241-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is about dealings with the society— subsection (1) does not apply to an assertion by the society about the assumption; and if the assumption is about dealings about an acquisition or purported acquisition from the society of title to property— subsection (2) does not apply to an assertion by the society or someone else about the assumption.\n- (a) that, at all relevant times, this Act and the society’s rules have been complied with; and\n- (b) that a person who appears, from returns filed with or given to the registrar under this Act, to be a director, the principal executive officer or the secretary of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by a person of that type for a society; and\n- (c) that a person who is held out by the society to be an officer or agent of the society has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (d) that an officer or agent of the society who has authority to issue a document for the society has authority to warrant that the document is genuine and that an officer or agent of the society who has authority to issue a certified copy of a document for the society has authority to warrant that the copy is a true copy; and\n- (e) that a document has been properly sealed by the society if— (i) it bears what appears to be an imprint of the society’s seal; and (ii) the sealing of the document appears to be authenticated under the society’s rules by a person or persons mentioned in the rules as authorised to attest the sealing of the document who, because of paragraph (b) or (c) , may be assumed to be that person or those persons; and\n- (i) it bears what appears to be an imprint of the society’s seal; and\n- (ii) the sealing of the document appears to be authenticated under the society’s rules by a person or persons mentioned in the rules as authorised to attest the sealing of the document who, because of paragraph (b) or (c) , may be assumed to be that person or those persons; and\n- (f) that the directors, secretary, officers, employees and agents have properly performed their duties to the society.\n- (i) it bears what appears to be an imprint of the society’s seal; and\n- (ii) the sealing of the document appears to be authenticated under the society’s rules by a person or persons mentioned in the rules as authorised to attest the sealing of the document who, because of paragraph (b) or (c) , may be assumed to be that person or those persons; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with the society, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is about dealings with the society— subsection (1) does not apply to an assertion by the society about the assumption; and\n- (b) if the assumption is about dealings about an acquisition or purported acquisition from the society of title to property— subsection (2) does not apply to an assertion by the society or someone else about the assumption.","sortOrder":290},{"sectionNumber":"sec.242","sectionType":"section","heading":"Effect of fraud","content":"### sec.242 Effect of fraud\n\nSection 241 operates—\nto entitle a person to make the assumptions mentioned in section 241 (3) in relation to dealings with a society; or\nto entitle a person to make the assumptions mentioned in section 241 (3) in relation to an acquisition or purported acquisition (whether direct or indirect) of title to property from a society;\neven if a person mentioned in section 241 (3) (b) , (c) , or (e) or an officer, agent or employee of the society mentioned in section 241 (3) (d) or (f) —\nhas acted or is acting fraudulently in relation to the dealings, or in relation to the acquisition or purported acquisition of title to property from the society; or\nhas forged a document that appears to have been sealed or behalf of the society.\nHowever, subsection (1) does not operate to entitle a person to make the assumptions if the person mentioned in subsection (1) (a) or (b) of this section has actual knowledge that the person mentioned in section 241 (3) (b) , (c) or (e) , or the officer, agent or employee of the society mentioned in section 241 (3) (d) or (f) , has acted or is acting fraudulently, or has forged a document, as mentioned in subsection (1) (c) or (d) of this section.\n(sec.242-ssec.1) Section 241 operates— to entitle a person to make the assumptions mentioned in section 241 (3) in relation to dealings with a society; or to entitle a person to make the assumptions mentioned in section 241 (3) in relation to an acquisition or purported acquisition (whether direct or indirect) of title to property from a society; even if a person mentioned in section 241 (3) (b) , (c) , or (e) or an officer, agent or employee of the society mentioned in section 241 (3) (d) or (f) — has acted or is acting fraudulently in relation to the dealings, or in relation to the acquisition or purported acquisition of title to property from the society; or has forged a document that appears to have been sealed or behalf of the society.\n(sec.242-ssec.2) However, subsection (1) does not operate to entitle a person to make the assumptions if the person mentioned in subsection (1) (a) or (b) of this section has actual knowledge that the person mentioned in section 241 (3) (b) , (c) or (e) , or the officer, agent or employee of the society mentioned in section 241 (3) (d) or (f) , has acted or is acting fraudulently, or has forged a document, as mentioned in subsection (1) (c) or (d) of this section.\n- (a) to entitle a person to make the assumptions mentioned in section 241 (3) in relation to dealings with a society; or\n- (b) to entitle a person to make the assumptions mentioned in section 241 (3) in relation to an acquisition or purported acquisition (whether direct or indirect) of title to property from a society;\n- (c) has acted or is acting fraudulently in relation to the dealings, or in relation to the acquisition or purported acquisition of title to property from the society; or\n- (d) has forged a document that appears to have been sealed or behalf of the society.","sortOrder":291},{"sectionNumber":"sec.243","sectionType":"section","heading":"Abolition of doctrine of constructive notice","content":"### sec.243 Abolition of doctrine of constructive notice\n\nA person dealing with a society, or an agent of a society, is not to be presumed to have notice of the society’s rules and any document registered by or filed with the registrar in relation to the society.\ns 243 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":292},{"sectionNumber":"sec.244","sectionType":"section","heading":"Approval of forms","content":"### sec.244 Approval of forms\n\nThe registrar may approve forms for use under this Act.\ns 244 amd 1999 No. 27 s 76 sch 1 pt 2","sortOrder":293},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":294},{"sectionNumber":"sec.245","sectionType":"section","heading":"Regulation-making power","content":"### sec.245 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":295},{"sectionNumber":"sec.246","sectionType":"section","heading":"Specific regulation-making powers","content":"### sec.246 Specific regulation-making powers\n\nA regulation may make provision about—\nthe keeping of registers and records by the registrar; and\nthe filing or registration of documents, the time and way of submitting documents for filing or registration and the requirements with which documents filed with the registrar must comply; and\nprescribing fees for the registration or exemption of societies and fees to be paid for a document filed, registered with or issued by the registrar or for an act or service required or authorised to be performed by the registrar; and\nprescribing the way in which, the persons by whom, and the directions or requirements under which, forms are required or authorised to be signed, prepared or completed and generally regulating the signing, preparation and completion of forms; and\nthe calling of, conduct of, and procedure and voting at meetings required or authorised to be held, the number of persons forming a quorum at a meeting, the sending of notices of meetings to persons entitled to attend meetings, the filing with the registrar of notices of meetings and of resolutions passed at meetings; and\nthe proof of debts of a society, the time within which debts can or may be proved and generally regulating the proving of debts.\nA regulation may provide that, if a document required to be filed with, or given to, the registrar is signed or filed or given on behalf of a person by the person’s agent duly authorised in writing, the original or a verified copy of the authority must be filed or given with, endorsed on or attached to the document.\nA regulation may impose a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\nA power conferred by this section to make a regulation providing for the imposition of fees may be exercised by providing for all or any of the following matters—\nspecific fees;\nmaximum or minimum fees;\nscales of fees;\nthe reduction, waiver or refund of fees.\ns 246 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.246-ssec.1) A regulation may make provision about— the keeping of registers and records by the registrar; and the filing or registration of documents, the time and way of submitting documents for filing or registration and the requirements with which documents filed with the registrar must comply; and prescribing fees for the registration or exemption of societies and fees to be paid for a document filed, registered with or issued by the registrar or for an act or service required or authorised to be performed by the registrar; and prescribing the way in which, the persons by whom, and the directions or requirements under which, forms are required or authorised to be signed, prepared or completed and generally regulating the signing, preparation and completion of forms; and the calling of, conduct of, and procedure and voting at meetings required or authorised to be held, the number of persons forming a quorum at a meeting, the sending of notices of meetings to persons entitled to attend meetings, the filing with the registrar of notices of meetings and of resolutions passed at meetings; and the proof of debts of a society, the time within which debts can or may be proved and generally regulating the proving of debts.\n(sec.246-ssec.2) A regulation may provide that, if a document required to be filed with, or given to, the registrar is signed or filed or given on behalf of a person by the person’s agent duly authorised in writing, the original or a verified copy of the authority must be filed or given with, endorsed on or attached to the document.\n(sec.246-ssec.3) A regulation may impose a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.246-ssec.4) A power conferred by this section to make a regulation providing for the imposition of fees may be exercised by providing for all or any of the following matters— specific fees; maximum or minimum fees; scales of fees; the reduction, waiver or refund of fees.\n- (a) the keeping of registers and records by the registrar; and\n- (b) the filing or registration of documents, the time and way of submitting documents for filing or registration and the requirements with which documents filed with the registrar must comply; and\n- (c) prescribing fees for the registration or exemption of societies and fees to be paid for a document filed, registered with or issued by the registrar or for an act or service required or authorised to be performed by the registrar; and\n- (d) prescribing the way in which, the persons by whom, and the directions or requirements under which, forms are required or authorised to be signed, prepared or completed and generally regulating the signing, preparation and completion of forms; and\n- (e) the calling of, conduct of, and procedure and voting at meetings required or authorised to be held, the number of persons forming a quorum at a meeting, the sending of notices of meetings to persons entitled to attend meetings, the filing with the registrar of notices of meetings and of resolutions passed at meetings; and\n- (f) the proof of debts of a society, the time within which debts can or may be proved and generally regulating the proving of debts.\n- (a) specific fees;\n- (b) maximum or minimum fees;\n- (c) scales of fees;\n- (d) the reduction, waiver or refund of fees.","sortOrder":296},{"sectionNumber":"sec.247","sectionType":"section","heading":"Further specific regulation-making powers","content":"### sec.247 Further specific regulation-making powers\n\nA regulation may make provision about—\nthe information to be contained in returns to the registrar; and\nthe circumstances in which, and the period within which, returns must be filed with the registrar; and\ndocuments that must be incorporated in, or be given with, the returns; and\npermitting a society subject to any stated terms, exceptions or qualifications, to insert in an account or report under this Act, in substitution for an amount that the society would be required or permitted to be set out in the accounts or report, an amount ascertained under a regulation (not being an amount that is more than $500 more or less than the first amount).\nFor subsection (1) (d) , the insertion of zero is taken to be the insertion of an amount.\nAlso, for information purposes only, a regulation may identify the functions of the registrar under this Act conferred on APRA under an agreement between the State and APRA under part 4 , division 3 .\ns 247 amd 1999 No. 27 s 76 sch 1 pt 2\n(sec.247-ssec.1) A regulation may make provision about— the information to be contained in returns to the registrar; and the circumstances in which, and the period within which, returns must be filed with the registrar; and documents that must be incorporated in, or be given with, the returns; and permitting a society subject to any stated terms, exceptions or qualifications, to insert in an account or report under this Act, in substitution for an amount that the society would be required or permitted to be set out in the accounts or report, an amount ascertained under a regulation (not being an amount that is more than $500 more or less than the first amount).\n(sec.247-ssec.2) For subsection (1) (d) , the insertion of zero is taken to be the insertion of an amount.\n(sec.247-ssec.3) Also, for information purposes only, a regulation may identify the functions of the registrar under this Act conferred on APRA under an agreement between the State and APRA under part 4 , division 3 .\n- (a) the information to be contained in returns to the registrar; and\n- (b) the circumstances in which, and the period within which, returns must be filed with the registrar; and\n- (c) documents that must be incorporated in, or be given with, the returns; and\n- (d) permitting a society subject to any stated terms, exceptions or qualifications, to insert in an account or report under this Act, in substitution for an amount that the society would be required or permitted to be set out in the accounts or report, an amount ascertained under a regulation (not being an amount that is more than $500 more or less than the first amount).","sortOrder":297},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":298},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 23 of 1996","content":"## Transitional provisions for Act No. 23 of 1996","sortOrder":299},{"sectionNumber":"sec.248","sectionType":"section","heading":"Continuing societies","content":"### sec.248 Continuing societies\n\nEach continuing society continues in existence and is taken to be a society registered and incorporated under this Act.\nSubsection (1) applies even though the previous law is repealed.\n(sec.248-ssec.1) Each continuing society continues in existence and is taken to be a society registered and incorporated under this Act.\n(sec.248-ssec.2) Subsection (1) applies even though the previous law is repealed.","sortOrder":300},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 1999 No. 27 s 76 s ch 1 pt 2","sortOrder":301},{"sectionNumber":"sec.250","sectionType":"section","heading":"Guarantees","content":"### sec.250 Guarantees\n\nA guarantee executed under part 7 of the previous law and in force immediately before the commencement continues in existence and is taken to have been executed under this Act.\nSubsection (1) applies subject to section 179.\n(sec.250-ssec.1) A guarantee executed under part 7 of the previous law and in force immediately before the commencement continues in existence and is taken to have been executed under this Act.\n(sec.250-ssec.2) Subsection (1) applies subject to section 179.","sortOrder":302},{"sectionNumber":"sec.251","sectionType":"section","heading":"Rules","content":"### sec.251 Rules\n\nThe rules of a continuing society, in force immediately before the commencement, become its rules under this Act.\nThe rules have effect subject to this Act.\n(sec.251-ssec.1) The rules of a continuing society, in force immediately before the commencement, become its rules under this Act.\n(sec.251-ssec.2) The rules have effect subject to this Act.","sortOrder":303},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 1999 No. 27 s 76 s ch 1 pt 2","sortOrder":304},{"sectionNumber":"sec.253","sectionType":"section","heading":"Existing loans and mortgages","content":"### sec.253 Existing loans and mortgages\n\nThis section applies to a loan made by a continuing society under the previous law if the loan is in existence at the commencement.\nA standard may provide for the transition of the loan to a loan complying with section 90(4).\nThe standard must require the transition to happen within 12 months after the commencement.\nThe standard must not operate to the disadvantage of a person other than a society by—\ndecreasing the person’s rights; or\nimposing additional liabilities on the person.\nThe conditions of the loan are taken to be changed to the extent necessary to comply with the standard.\nA mortgage securing the loan at the commencement and continuing in force immediately before the change of conditions of the loan continues to secure the loan.\nThe mortgage is taken to be changed to the extent necessary to secure the loan with the changed conditions.\n(sec.253-ssec.1) This section applies to a loan made by a continuing society under the previous law if the loan is in existence at the commencement.\n(sec.253-ssec.2) A standard may provide for the transition of the loan to a loan complying with section 90(4).\n(sec.253-ssec.3) The standard must require the transition to happen within 12 months after the commencement.\n(sec.253-ssec.4) The standard must not operate to the disadvantage of a person other than a society by— decreasing the person’s rights; or imposing additional liabilities on the person.\n(sec.253-ssec.5) The conditions of the loan are taken to be changed to the extent necessary to comply with the standard.\n(sec.253-ssec.6) A mortgage securing the loan at the commencement and continuing in force immediately before the change of conditions of the loan continues to secure the loan.\n(sec.253-ssec.7) The mortgage is taken to be changed to the extent necessary to secure the loan with the changed conditions.\n- (a) decreasing the person’s rights; or\n- (b) imposing additional liabilities on the person.","sortOrder":305},{"sectionNumber":"sec.254","sectionType":"section","heading":"Directors","content":"### sec.254 Directors\n\nAn existing term of office of a director of a continuing society that is not due to end until 3 years or more after the commencement ends at the end of the third annual general meeting of the society after the commencement.\nSubsection (1) does not, by implication, prevent the office of the director becoming vacant at an earlier time.\n(sec.254-ssec.1) An existing term of office of a director of a continuing society that is not due to end until 3 years or more after the commencement ends at the end of the third annual general meeting of the society after the commencement.\n(sec.254-ssec.2) Subsection (1) does not, by implication, prevent the office of the director becoming vacant at an earlier time.","sortOrder":306},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Transitional provisions for Financial Sector Reform (Queensland) Act 1999","content":"## Transitional provisions for Financial Sector Reform (Queensland) Act 1999","sortOrder":307},{"sectionNumber":"sec.255","sectionType":"section","heading":"Definition for div 2","content":"### sec.255 Definition for div 2\n\nIn this division—\ntransfer date means the date that, under the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 (Cwlth) , section 3 (16) is specified as the transfer date for the purposes of that Act.\ns 255 prev s 255 om 1999 No. 27 s 76 sch 1 pt 2\npres s 255 ins 1999 No. 27 s 76 s ch 1 pt 2","sortOrder":308},{"sectionNumber":"sec.256","sectionType":"section","heading":"State is successor of QOFS","content":"### sec.256 State is successor of QOFS\n\nThe State is the successor in law of QOFS to the extent that the registrar succeeds QOFS in the performance of functions under this Act.\nThe following provisions of this division do not limit subsection (1).\ns 256 prev s 256 om 1999 No. 27 s 76 sch 1 pt 2\npres s 256 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.256-ssec.1) The State is the successor in law of QOFS to the extent that the registrar succeeds QOFS in the performance of functions under this Act.\n(sec.256-ssec.2) The following provisions of this division do not limit subsection (1).","sortOrder":309},{"sectionNumber":"sec.257","sectionType":"section","heading":"Particular assets of QOFS vest in State","content":"### sec.257 Particular assets of QOFS vest in State\n\nThe following assets become the assets of the State—\nassets that immediately before the transfer date vested in QOFS under a winding-up of a society under part 10, division 3;\nall documents relating to the performance by QOFS of functions under this Act.\ns 257 prev s 257 om 1999 No. 27 s 76 sch 1 pt 2\npres s 257 ins 1999 No. 27 s 76 s ch 1 pt 2\n- (a) assets that immediately before the transfer date vested in QOFS under a winding-up of a society under part 10, division 3;\n- (b) all documents relating to the performance by QOFS of functions under this Act.","sortOrder":310},{"sectionNumber":"sec.258","sectionType":"section","heading":"Continuation and preservation of civil proceedings involving QOFS","content":"### sec.258 Continuation and preservation of civil proceedings involving QOFS\n\nFor a proceeding under this Act, other than a proceeding for an offence, started before the transfer date to which QOFS was a party immediately before the date, the registrar is substituted for QOFS as a party to the proceeding.\nFor this section evidence that would have been admissible for or against QOFS is admissible for or against the registrar.\ns 258 prev s 258 om 1999 No. 27 s 76 s ch 1 pt 2\npres s 258 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.258-ssec.1) For a proceeding under this Act, other than a proceeding for an offence, started before the transfer date to which QOFS was a party immediately before the date, the registrar is substituted for QOFS as a party to the proceeding.\n(sec.258-ssec.2) For this section evidence that would have been admissible for or against QOFS is admissible for or against the registrar.","sortOrder":311},{"sectionNumber":"sec.259","sectionType":"section","heading":"Continuation of offence proceedings","content":"### sec.259 Continuation of offence proceedings\n\nThis section applies to a proceeding for an offence brought under this Act by QOFS that started before the transfer date but which is not completed immediately before the date.\nOn and after the transfer date, the proceeding may continue to be prosecuted by the registrar in place of QOFS and the registrar may be substituted for QOFS.\ns 259 prev s 259 om 1999 No. 27 s 76 sch 1 pt 2\npres s 259 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.259-ssec.1) This section applies to a proceeding for an offence brought under this Act by QOFS that started before the transfer date but which is not completed immediately before the date.\n(sec.259-ssec.2) On and after the transfer date, the proceeding may continue to be prosecuted by the registrar in place of QOFS and the registrar may be substituted for QOFS.","sortOrder":312},{"sectionNumber":"sec.260","sectionType":"section","heading":"Continuation of things done, and started, by QOFS","content":"### sec.260 Continuation of things done, and started, by QOFS\n\nAnything done by QOFS under this Act before the transfer date—\ncontinues to have affect; and\nis taken to have been done by the registrar.\nAnything started by QOFS under this Act before the transfer date and not finished before the date—\nis taken to have been started by the registrar; and\nmay be finalised by the registrar.\ns 260 prev s 260 om 1999 No. 27 s 76 sch 1 pt 2\npres s 260 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.260-ssec.1) Anything done by QOFS under this Act before the transfer date— continues to have affect; and is taken to have been done by the registrar.\n(sec.260-ssec.2) Anything started by QOFS under this Act before the transfer date and not finished before the date— is taken to have been started by the registrar; and may be finalised by the registrar.\n- (a) continues to have affect; and\n- (b) is taken to have been done by the registrar.\n- (a) is taken to have been started by the registrar; and\n- (b) may be finalised by the registrar.","sortOrder":313},{"sectionNumber":"sec.261","sectionType":"section","heading":"Instruments","content":"### sec.261 Instruments\n\nAn instrument, other than a statutory instrument, in existence immediately before the transfer date and given by QOFS under this Act—\ncontinues in force; and\nis taken to have been given by the registrar.\nA reference in the instrument to QOFS may, if the context permits, be taken to be a reference to the registrar.\nThis section does not apply to an instrument of appointment of an inspector.\ns 261 prev s 261 om 1999 No. 27 s 76 sch 1 pt 2\npres s 261 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.261-ssec.1) An instrument, other than a statutory instrument, in existence immediately before the transfer date and given by QOFS under this Act— continues in force; and is taken to have been given by the registrar.\n(sec.261-ssec.2) A reference in the instrument to QOFS may, if the context permits, be taken to be a reference to the registrar.\n(sec.261-ssec.3) This section does not apply to an instrument of appointment of an inspector.\n- (a) continues in force; and\n- (b) is taken to have been given by the registrar.","sortOrder":314},{"sectionNumber":"sec.262","sectionType":"section","heading":"Inspectors cease to hold office","content":"### sec.262 Inspectors cease to hold office\n\nAll inspectors holding office immediately before the transfer date stop holding the office and all instruments of appointment of the inspectors stop having effect.\ns 262 prev s 262 om 1999 No. 27 s 76 sch 1 pt 2\npres s 262 ins 1999 No. 27 s 76 s ch 1 pt 2","sortOrder":315},{"sectionNumber":"sec.263","sectionType":"section","heading":"Standards","content":"### sec.263 Standards\n\nA standard in force immediately before the transfer date—\ncontinues in force; and\nis taken to have been made by the registrar.\nA reference in the standard to QOFS may, if the context permits, be taken to be a reference to the registrar.\ns 263 prev s 263 om 1999 No. 27 s 76 sch 1 pt 2\npres s 263 ins 1999 No. 27 s 76 s ch 1 pt 2\n(sec.263-ssec.1) A standard in force immediately before the transfer date— continues in force; and is taken to have been made by the registrar.\n(sec.263-ssec.2) A reference in the standard to QOFS may, if the context permits, be taken to be a reference to the registrar.\n- (a) continues in force; and\n- (b) is taken to have been made by the registrar.","sortOrder":316},{"sectionNumber":"sec.264","sectionType":"section","heading":"Application for certificate of incorporation","content":"### sec.264 Application for certificate of incorporation\n\nOn application by a continuing society, the registrar must issue to the society a certificate of incorporation stating that the society is incorporated under this Act.\nThe registrar must not issue a certificate of incorporation to a continuing society under subsection (1) unless the society—\nsurrenders to the registrar its certificate of incorporation under the previous law; or\nsatisfies the registrar that the certificate has been lost or destroyed.\ns 264 pres s 264 ins 1999 No. 27 s 76 sch 1 pt 2\n(sec.264-ssec.1) On application by a continuing society, the registrar must issue to the society a certificate of incorporation stating that the society is incorporated under this Act.\n(sec.264-ssec.2) The registrar must not issue a certificate of incorporation to a continuing society under subsection (1) unless the society— surrenders to the registrar its certificate of incorporation under the previous law; or satisfies the registrar that the certificate has been lost or destroyed.\n- (a) surrenders to the registrar its certificate of incorporation under the previous law; or\n- (b) satisfies the registrar that the certificate has been lost or destroyed.","sortOrder":317},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Transitional provision for Corporations (Ancillary Provisions) Act 2001","content":"## Transitional provision for Corporations (Ancillary Provisions) Act 2001","sortOrder":318},{"sectionNumber":"sec.265","sectionType":"section","heading":"Charges","content":"### sec.265 Charges\n\nThe amendment of this Act by the Corporations (Ancillary Provisions) Act 2001 does not affect the validity of the registration of an existing charge on the property of a society.\nIn this section—\nexisting charge means a charge that, immediately before the commencement of the amendments of this Act by the Corporations (Ancillary Provisions) Act 2001 , was registered under this Act.\ns 265 pres s 265 ins 2001 No. 45 s 29 sch 3\n(sec.265-ssec.1) The amendment of this Act by the Corporations (Ancillary Provisions) Act 2001 does not affect the validity of the registration of an existing charge on the property of a society.\n(sec.265-ssec.2) In this section— existing charge means a charge that, immediately before the commencement of the amendments of this Act by the Corporations (Ancillary Provisions) Act 2001 , was registered under this Act.","sortOrder":319},{"sectionNumber":"pt.15","sectionType":"part","heading":null,"content":"","sortOrder":320}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's title ('Financial Intermediaries') suggests broad coverage of financial intermediaries generally, but the operative provisions focus almost exclusively on cooperative-type societies (credit unions and building societies). The scope is narrower than the title implies. Additionally, amendments referencing APRA (inserted in 1999) expanded the Act's interaction with the federal prudential regulatory framework, suggesting the original scope was later broadened to accommodate national financial sector reform following the Wallis Inquiry and the creation of APRA."},"complexity_factors":["Multi-layered regulatory framework involving a registrar, inspectors, administrators, and courts across different parts of the Act","Extensive use of cross-references between sections (e.g. sections 50, 54, 58, 183) requiring the reader to navigate multiple provisions simultaneously","Nuanced definitions of key terms like 'director' and 'officer' with multiple inclusions and carve-outs that affect who bears legal responsibility","Graduated enforcement regime with multiple intervention levels (direction, suspension, administration) each with distinct triggers and procedures","Detailed procedural requirements for making standards (60-day notice, consultation periods, comment periods) with an urgent alternative pathway","Interaction with other laws — standards can incorporate Commonwealth, State or foreign laws by reference, adding external complexity","High-stakes criminal penalties (up to 7 years imprisonment) attached to procedural obligations, not just substantive wrongs","Warrant provisions with both in-person and remote application processes, including evidential presumptions if documentation is absent","APRA (Australian Prudential Regulation Authority) delegation provisions suggesting interaction with federal financial regulation","Administrator appointment and revocation regime involves layered obligations, expense priority rules, and liability carve-outs"],"plain_english_summary":"The Financial Intermediaries Act 1996 sets a regulatory framework for Queensland financial cooperatives (credit unions and building societies), giving the registrar strong supervisory powers, inspectors authority to investigate, and the ability to intervene and appoint administrators when societies are mismanaged or insolvent. It affects society members, the societies themselves, and their directors/officers — protecting members’ funds and enabling the government to enforce compliance with serious penalties for breaches."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a simple registration/constitution law for cooperative housing societies into a full prudential-supervision and enforcement regime. Compared to a narrow original registration statute, the text now: (1) establishes a detailed standards-making regime and supervisory levy powers (pt 3; ss. 10–16; ss. 61–64); (2) gives the Registrar broad intervention and administration powers including removal of directors, appointment of administrators and suspension of operations (ss. 48–56, 49); (3) creates strong investigatory and enforcement tools for inspectors and investigators, with seizure, warrant and criminal sanction powers (parts 4 and 11); (4) incorporates parts of the Corporations Act and links to Commonwealth prudential regulation through possible APRA contracts (ss. 97C, 64A); and (5) adds Treasurer guarantees and rules for how guarantees respond to mergers and transfers (ss. 70–71, 179). These changes materially broaden the State’s role from registrar and incorporator to active prudential regulator and enforcer, increasing both regulatory reach and potential public fiscal exposure (see ss. 8, 64A, 70–71, 179, 48)."},"complexity_factors":["Very long Act covering registration, prudential supervision, governance, accounting, audits, enforcement, investigations, mergers, winding-up and transitional provisions","Extensive defined terms and cross-references (e.g. to the Corporations Act, Corporations (Ancillary Provisions) Act and schedules)","Standards regime with multiple procedures, exceptions and urgent routes (ss. 10–16, 11–12)","Multiple conditional powers and nested discretions (registrar may act in various scenarios: ss. 48, 49, 50, 171)","Inspector and investigator powers with procedural safeguards, warrants and evidence rules (ss. 26–46, 190–201)","Many criminal and civil penalties with different maxima and overlapping liabilities for societies, officers and auditors (numerous sections in pts 7, 11, 13)","Delegation and outsourcing options (APRA agreements s. 64A, registrar delegations s. 19A) adding inter-agency complexity","Integration and application of parts of the Corporations Act to societies (secs. 97A–97C and Schedule cross-links)","Numerous transitional and saving provisions that change treatment of historical instruments, guarantees and officers (pt 14)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes who and what a \"society\" (a cooperative housing society) is, and makes each registered society a corporation with perpetual succession (secs. 72–75).  \n- Gives the Registrar broad prudential, supervisory and administrative powers over societies, including making binding standards, supervising compliance, appointing inspectors, requiring returns, imposing supervision levies, directing or intervening in society affairs, appointing administrators and liquidators, ordering transfers or mergers, and conducting investigations (secs. 8, 10–21, 26–27, 48–51, 61–64, 163, 168–176, 190–201, 183).  \n- Creates a standards regime: the Registrar may make prudential and other standards (part 3). Standards normally require public notice and consultation (s. 11), but the Registrar can make urgent standards with limited duration (s. 12). Standards can be tailored to classes or individual societies and can be varied, suspended or subject to transitional arrangements (ss. 13–15, 14).  \n- Gives inspectors and investigators significant search, seizure, entry and evidence powers (warrants, consent entry, seizure and securing of material) and sets criminal penalties for obstructing inspectors or giving false information (ss. 29–46, 191–202).  \n- Regulates internal governance and conduct: requirements and limits for directors, officers and meetings; disclosure of conflicts and related-party transactions; controls on loans to members and to directors; auditing and accounting obligations; and civil/criminal liabilities for misconduct (pt 7: secs. 98–121, 136–159, 117–118, 218–224).  \n- Controls societies’ business scope: societies may only provide financial accommodation to members for residential purposes (s. 65) and are restricted in derivatives/foreign-currency dealings (ss. 67–68).  \n- Provides for Treasurer-issued guarantees for funds raised by societies and sets rules for how guarantees operate and are enforced (ss. 70–71).  \n- Contains merger, transfer-of-engagements and winding-up rules, including Registrar-led transfers and winding-ups on registrar certificate (parts 9–10: ss. 168–179, 183).  \n\nWho this affects\n\n- Societies (cooperative housing societies): their boards, members, employees, auditors and agents.  \n- Directors and officers: specific duties, disclosure rules and criminal/civil liabilities (pts 7, 13).  \n- Members and creditors: voting rights, access to registers, protections on mergers, and possible exposure when societies fail.  \n- The Registrar (the State) and the Treasurer: decision-makers who set standards, levy fees, grant guarantees, and exercise enforcement powers.  \n- APRA (Australian Prudential Regulation Authority): may be contracted to provide prudential regulation or advice under agreement with the Registrar (s. 64A).  \n\nWhy it matters (policy effects, incentives and trade-offs)\n\n- Shifts substantial regulatory discretion to the Registrar. Sections 10–16 and 48–58 allow the Registrar to create binding standards, to intervene in governance, to suspend operations, appoint administrators, and to vary or impose rules for individual societies. That concentrates decision-making power in a single supervisory office and makes compliance contingent on executive decisions. (See ss. 10, 13, 48, 50, 58.)  \n- Raises compliance costs for societies. Mandatory standards, reporting, audits, inspectors’ interventions, and supervision levies (s. 62) create direct costs (fees, audits) and indirect costs (management time, restrictions on permissible activities). Small societies are likely to bear relatively higher per-member compliance costs. (See ss. 11, 16, 61–64, 137–142.)  \n- Restricts business scope to protect members and limit risk-taking. Societies may only lend to members for specified residential purposes (s. 65) and face limits on derivatives and foreign-currency dealings (ss. 67–68). Those limits reduce some market activities (risk management or diversification) but lower the scope for leveraged or speculative activity within societies.  \n- Creates a public backstop via Treasurer guarantees. The Treasurer may guarantee repayment of funds raised by a society (s. 70) and those guarantees can be enforced against public funds (s. 71). Guarantees can lower funding costs for societies but transfer contingent fiscal risk to the public purse; the Act includes conditions for enforcement and security requirements.  \n- Strengthens enforcement and investigative powers. Inspectors, warrants, seizure, and investigators’ powers (parts 4 and 11) improve the regulator’s ability to examine problems and gather evidence quickly, but increase the compliance and legal exposure of officers and staff. Criminal penalties and civil remedies (e.g., compensation, orders by the Supreme Court) are available for breaches and fraud (e.g. ss. 36–46, 117–118, 218–224, 237–241).  \n- Enables operational continuity and consolidation. Merger and transfer provisions (part 9) make it straightforward to consolidate societies, transfer engagements and to adjust Treasurer guarantees when consolidation occurs (ss. 168–179). That can encourage consolidation as a response to financial stress.  \n\nCosts, incentives and implementation risks (concrete mechanisms)\n\n- Who pays: societies fund supervision via levies (s. 62), auditors’ and compliance costs (pts 7 and 7-div.5), and may bear administration or investigation costs if the Registrar orders them to reimburse the State (s. 201). Members can face indirect costs via higher fees or reduced services.  \n- Who decides: the Registrar and, for some matters, the Treasurer and the Minister (standards, levies, guarantees, APRA agreements) exercise central control (ss. 8, 10, 21, 62, 64A, 70–71).  \n- Behavioural effects on societies: (a) more conservative lending and balance-sheet policies because of prudential standards and the risk of intervention (ss. 10, 48, 49); (b) shift toward merger or transfer if capital or compliance burdens rise (part 9); (c) greater use of professional auditors and advisers, and tighter governance to avoid director liability (pts 7, 7-div.5; secs. 117–118, 148–159).  \n- Competition and market structure: restricting societies to member lending (s. 90) and banning deposits from non-members (s. 90(5)) differentiates them from banks; constraints on derivatives and foreign-currency dealings (ss. 67–68) limit their capacity to hedge—and may push risk management and certain lending products to banks or other intermediaries.  \n- Concentrated benefits, diffuse costs: the Registrar’s powers and guarantee arrangements can deliver concentrated benefits (e.g., rescue or orderly transfer) to members and creditors of a failing society but the cost (levies, enforcement administration, or guarantee payouts) is spread across the public or all supervised societies (ss. 61–64, 70–71, 179).  \n- Discretion and implementation risk: many provisions leave detailed content to standards, regulations or Registrar decisions (ss. 10, 15, 62, 82). That creates implementation risk (variation in regulatory burden across societies), and requires transparent procedures and proportionality to limit uncertainty. The Act provides consultation rules for standards (s. 11) but allows urgent bypass (s. 12).  \n- Capture and influence risk: because standards, levies and exemptions are administratively determined, parties with capacity to engage effectively with the Registrar (large societies, industry bodies) can influence outcomes more readily than small societies or dispersed members (see ss. 9, 11, 62, 63). The text permits consultation but also permits exemptions and one-off decisions.  \n\nKey legal thresholds and penalties (examples)\n\n- Failure to comply with standards: society and defaulting officers—up to 400 penalty units (s. 17).  \n- Obstructing an inspector: up to 800 penalty units or 7 years imprisonment (s. 42).  \n- Serious officer misconduct (fraud, dishonesty): up to 1600 penalty units or 7 years’ imprisonment (s. 117).  \n- Failure to pay supervision levy: offence for society and officers—200 penalty units (s. 64).  \n\nHow the Act limits or allocates discretion\n\n- The Registrar has broad powers (standards, intervention, administrator appointments) but must generally consult where appropriate (s. 9), follow notice procedures for standards (s. 11) and publish standards and reasons (ss. 12, 16). Some Registrar actions require Minister approval (s. 64A re APRA agreements) or are subject to external review (QCAT/Supreme Court review paths: pt 12).  \n\nWhere to look in the Act (short map)\n\n- Registrar powers, standards and supervision: pt 2–4 (secs. 8–21, 10–20, 48–64A).  \n- Objects and permitted business of societies: pt 5 (secs. 65–71).  \n- Formation, registration and rules: pt 6 (secs. 72–97).  \n- Governance, duties and meetings: pt 7 (secs. 98–146).  \n- Audits and accounting: pt 7-div.5 (secs. 136–160).  \n- Mergers, transfers and winding up: parts 9–10 (secs. 168–183).  \n- Investigations and enforcement: parts 4 and 11 (inspectors: ss. 26–46; investigators: ss. 190–201).  \n\nOfficial purpose-claims and how they map to costs and trade-offs\n\n- The Act presents a prudential supervision framework to protect members and ensure efficient, safe operation of societies (see s. 8 and parts 3–4). That protection requires costs: supervisory levies, compliance work, limits on permissible business, and potential loss of managerial autonomy for societies when the Registrar intervenes (ss. 8, 48–50, 62).  \n- The Act also enables Treasury guarantees to ease societies’ access to funding (ss. 70–71). That eases borrowing costs for societies but creates contingent public liabilities and requires security and exhaustion-of-remedies rules before the Treasurer pays (s. 71).  \n\nBottom-line mechanics for a non-lawyer\n\n- If you run, are a director of, or are a member of a cooperative housing society, this Act sets what your society may do, how it must report and be audited, what standards must be met, what payments (levies, fees) are required, and gives the Registrar strong powers to supervise, intervene, appoint administrators, and require mergers or transfers to protect members or creditors. Inspectors and investigators can examine records, seize evidence and require sworn answers; failure to comply carries civil and criminal penalties. The Treasurer may, in certain circumstances and on terms, guarantee society borrowings—but the guarantee is conditional and subject to regulatory rules.\n\n(References: Registrar functions ss. 8, standards ss. 10–16, intervention/admin ss. 48–58, levies ss. 61–64, societies’ objects s. 65, restrictions ss. 67–69, guarantees ss. 70–71, inspectors ss. 26–46, investigations ss. 190–201, mergers/transfers ss. 168–179, winding-up s. 183.)"},"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":{"_metrics":{"completionTokens":752},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1996 scope. The 1999 amendments introduced APRA delegation powers and the Cooperatives Supervision Fund. The 2001 amendments substantially rewound the external administration provisions to apply Corporations Act insolvency rules instead of standalone procedures. The 2003 and 2010 amendments further integrated with national corporate regulation. What began as a self-contained Queensland cooperative statute became a hybrid regime incorporating federal corporate law by reference."},"complexity_factors":["Extensive cross-referencing to the Corporations Act (especially Parts 5.2–5.7 on insolvency) with modified application","Multiple layers of delegated legislation—standards made by Registrar, regulations, and prudential requirements","Nested conditional logic in intervention powers (e.g., section 48: 6 sub-conditions for placing society under direction, each with further sub-conditions)","47+ defined terms across sections 3–5 and Schedule 2 dictionary","Complex appointment/removal procedures for auditors with 18-step processes (sections 151–156)","Dual enforcement structure—criminal penalties AND civil remedies for officer misconduct","Temporal calculations throughout (e.g., 21 days for notices, 60 days for standards consultation, 120 days for urgent standards)","Incorporation by reference of external accounting standards and foreign laws (section 15)","Multiple amendment history notes indicating substantial legislative evolution (1999, 2001, 2003, 2010 amendments)","Interaction with APRA (Australian Prudential Regulation Authority) through service agreements (section 64A)"],"plain_english_summary":"This Act establishes a regulatory framework for **cooperative housing societies** in Queensland—member-owned financial institutions that provide home loans and residential finance to their members.\n\n**What it does:**\n- **Creates a Registrar** with broad powers to register, supervise, and intervene in societies that get into financial trouble\n- **Sets prudential standards**—rules about how societies must manage their finances, with penalties for non-compliance (up to 400 penalty units)\n- **Allows the Registrar to take control** of failing societies by appointing administrators, removing directors, suspending operations, or directing mergers/transfers\n- **Governs how societies operate**—membership rules, director duties, meetings, accounts, and audits\n- **Restricts what societies can do**—they can only lend to members for housing purposes, can't trade in foreign currency or complex financial derivatives without approval\n- **Provides for State guarantees**—the Treasurer can guarantee societies' borrowings, backed by public money\n\n**Who it affects:**\n- Members of cooperative housing societies (anyone with a home loan from one)\n- Directors and officers of societies (with strict honesty and disclosure duties)\n- The Registrar and appointed inspectors/administrators\n- Creditors and the State (through guarantee liabilities)\n\n**Why it matters:**\nThis is consumer protection legislation. It ensures housing cooperatives remain financially sound so members' savings and homes are protected. The Registrar's intervention powers act as a safety net when societies face insolvency or mismanagement, preventing collapses that could harm thousands of member-borrowers.\n\n**Key features:**\n- Societies must have \"Cooperative Housing Society Limited\" in their name\n- Directors face criminal penalties for fraud (up to 7 years imprisonment)\n- The Registrar can enter premises, seize documents, and compel information\n- Special rules allow societies to merge or transfer engagements to stronger entities\n- Corporate insolvency laws apply with modifications"}},"importantCases":[],"_links":{"self":"/api/acts/financial-intermediaries-act-1996","history":"/api/acts/financial-intermediaries-act-1996/history","analysis":"/api/acts/financial-intermediaries-act-1996/analysis","conflicts":"/api/acts/financial-intermediaries-act-1996/conflicts","importantCases":"/api/acts/financial-intermediaries-act-1996/important-cases","documents":"/api/acts/financial-intermediaries-act-1996/documents"}}