Co-operative Housing Societies Act 1958
Part 3of the **Corporations (Ancillary Provisions) Act 2001** provides for the application of provisions of the Corporations Act and Part 3 of the ASIC Act as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions.
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Part 3 of the Corporations (Ancillary Provisions) Act 2001 provides for the application of provisions of the Corporations Act and Part 3 of the ASIC Act as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions.
S. 59(2AA) inserted by No. 44/2001 s. 3(Sch. item 19.5).
(2AA) The registrar may approve a person to be a liquidator of co-operative housing societies, having regard to the person's experience and capacity.
S. 59(2A) inserted by No. 7388 s. 2(b), amended by Nos 10254 s. 43(d), 48/1992 s. 104(f).
(2A) In the case of a voluntary winding up of a society a liquidator shall be entitled to receive remuneration not exceeding the amount fixed by the registrar.
S. 59(3) amended by Nos 6455 s. 2(Sch. 1 Pt 3(e)), 6839 s. 4(Sch. 1 Pt 3(e)), 9699 s. 23, 44/2001 s. 3(Sch. item 19.6).
(3) Where a society is being wound up voluntarily and a vacancy occurs in the office of liquidator which in the opinion of the registrar is unlikely to be filled in the manner provided in the Corporations Act as applying under this section the registrar may appoint a person to be liquidator.
(4) In the case of a winding up upon a certificate of the registrar the society may be wound up if the registrar certifies that any of the following events has occurred, that is to say:
S. 59(4)(a) amended by No. 8339 s. 2(1)(Sch. 2 item 2(vi)).
(a) that the number of members is reduced to less than twenty and the registrar and the Minister are satisfied that it is desirable and expedient that the society be wound up;
S. 59(4)(ab) amended by No. 37/1999 s. 58(Sch. 2 Pt 2 item 7).
(ab) that the society has no interest under any mortgage of freehold land;
(b) that the society has not commenced business within a year of registration or has suspended business for a period of more than six months;
(c) that the specified date on which the society is to terminate has arrived;
(d) that the specified object or specified event upon the attainment or occurrence of which the society is to terminate has been attained or has occurred (as the case may be);
(e) that the registration of the society has been obtained by mistake or fraud;
(f) that the society exists for an illegal purpose; or
(g) that the society has wilfully and after notice from the registrar violated the provisions of this Act or of the regulations or of the rules of the society.
(5) The registrar shall not so certify unless—