Adopts the Co‑operatives National Law as Queensland law with local modifications, designates the chief executive as Registrar and sets how national regulations operate, and repeals the Cooperatives Act 1997. It affects registered co‑operatives, their members, registrars, courts/tribunals and regulators by changing registration, fees, exemptions, enforcement and transitional arrangements. The change shifts governance from the old state Act to the national framework while preserving existing registrations and enabling new administrative discretions (key examples: ss 4,8–11,13–14,23,30).
Mechanically, the Co-operatives National Law Act 2020 imports the Co-operatives National Law into Queensland and sets the state-level scaffolding required to operate it in this jurisdiction. The Act declares that the Co-operatives National Law applies in Queensland as a law of the State, with the modifications set out in this Act (see s 4). It also brings the National Regulations made under the Co-operatives National Law into force in Queensland as the Co-operatives National Regulation (Queensland), subject to local regulations and the limits set out in this Act (s 4(2)). The Act designates the chief executive as the Registrar of Co-operatives (s 8) and as the designated authority for particular provisions of the national Law (s 9). It identifies the Supreme Court and QCAT as the state tribunals for different parts of the Law (s 11). The Governor in Council retains a regulation-making power under the Act, including power to modify the application of national regulations, prescribe administrative fees and late‑filing fees, provide for refunds or waivers of fees, and impose penalties of up to 20 penalty units for contraventions of local regulations (s 27).
The Act repeals the Cooperatives Act 1997 (s 28) and contains detailed transitional and saving provisions that preserve existing cooperatives, certificates of registration, disclosure statements, rules, pending applications, and in‑flight court and tribunal proceedings (pt 5, esp ss 30-61). The Act specifies how certain procedural and administrative matters will work locally, for example which notices are the designated instruments for particular national Law provisions (s 10), which state officials or bodies may receive information under the law’s secrecy provisions (s 20), how pecuniary penalty orders are to be recovered by the State (s 21), and that certain statutory Acts of Queensland do not apply to the Co-operatives National Law (s 5).
Current sections
Direct links to the current provisions in Co-operatives National Law Act 2020.
79
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Co-operatives National Law Act 2020 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
In this Act—
Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .
Co-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) .
Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) .
local regulation means a regulation made under section 27 .
national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 .
public trustee means the public trustee under the Public Trustee Act 1978 .
Registrar see section 7 .
this jurisdiction see section 7 .
A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.
(sec.3-ssec.1) In this Act— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) . Co-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) . Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) . local regulation means a regulation made under section 27 . national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 . public trustee means the public trustee under the Public Trustee Act 1978 . Registrar see section 7 . this jurisdiction see section 7 .
(sec.3-ssec.2) A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.
pt.2
Application of Co-operatives National Law
Application of Co-operatives National Law
pt.2-div.1
General
General
sec.4
Application as law of this jurisdiction
sec.4 Application as law of this jurisdiction
The Co-operatives National Law—
applies as a law of this jurisdiction with the modifications set out in this part; and
as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and
applies as if it were an Act.
The National Regulations under the Co-operatives National Law, as in force from time to time—
apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) —
as modified by a local regulation; and
subject to section 6 ; and
as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
For consolidated reprints of the Co-operatives National Law and National Regulations as they apply in Queensland, see the Co-operatives National Law (Queensland) and the Co-operatives National Regulation (Queensland) .
(sec.4-ssec.1) The Co-operatives National Law— applies as a law of this jurisdiction with the modifications set out in this part; and as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and applies as if it were an Act.
(sec.4-ssec.2) The National Regulations under the Co-operatives National Law, as in force from time to time— apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — as modified by a local regulation; and subject to section 6 ; and as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
(a) applies as a law of this jurisdiction with the modifications set out in this part; and
(b) as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and
(c) applies as if it were an Act.
(a) apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — (i) as modified by a local regulation; and (ii) subject to section 6 ; and
(i) as modified by a local regulation; and
(ii) subject to section 6 ; and
(b) as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
(i) as modified by a local regulation; and
(ii) subject to section 6 ; and
sec.5
Exclusion of legislation of this jurisdiction
sec.5 Exclusion of legislation of this jurisdiction
The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 —
the Acts Interpretation Act 1954 ;
the Legislative Standards Act 1992 ;
the Statutory Instruments Act 1992 .
The Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.
(sec.5-ssec.1) The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 — the Acts Interpretation Act 1954 ; the Legislative Standards Act 1992 ; the Statutory Instruments Act 1992 .
(sec.5-ssec.2) The Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.
(a) the Acts Interpretation Act 1954 ;
(b) the Legislative Standards Act 1992 ;
(c) the Statutory Instruments Act 1992 .
sec.6
Parliamentary scrutiny of national regulations
sec.6 Parliamentary scrutiny of national regulations
The Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if—
a reference in those sections to subordinate legislation were a reference to a national regulation; and
the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .
Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.
A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.
For subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.
If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.
(sec.6-ssec.1) The Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if— a reference in those sections to subordinate legislation were a reference to a national regulation; and the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) . Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.
(sec.6-ssec.2) A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.
(sec.6-ssec.3) For subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.
(sec.6-ssec.4) If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.
(a) a reference in those sections to subordinate legislation were a reference to a national regulation; and
(b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .
pt.2-div.2
Meaning of particular terms for Co-operatives National Law (Queensland)
Meaning of particular terms for Co-operatives National Law (Queensland)
sec.7
Meaning of particular terms
sec.7 Meaning of particular terms
In the Co-operatives National Law (Queensland) —
police officer means a police officer within the meaning of the Police Service Administration Act 1990 .
s 7 def police officer amd 2023 No. 7 s 68 s ch 1 pt 2
public sector official means a public service employee under the Public Sector Act 2022 , section 13 .
s 7 def public sector official amd 2022 No. 34 s 365 sch 3
Registrar means the chief executive as the Registrar of Co-operatives in relation to this jurisdiction under section 8 .
this jurisdiction means Queensland.
sec.8
Registrar of Co-operatives
sec.8 Registrar of Co-operatives
The chief executive is designated as the Registrar of Co-operatives in relation to this jurisdiction.
sec.9
Designated authority
sec.9 Designated authority
The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 15 ;
section 492 ;
section 494 ;
section 601 ;
section 622 .
A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .
The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .
s 9 amd 2021 No. 7 s 4
(sec.9-ssec.1) The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 15 ; section 492 ; section 494 ; section 601 ; section 622 .
(sec.9-ssec.2) A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .
(sec.9-ssec.3) The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .
(a) section 15 ;
(b) section 492 ;
(c) section 494 ;
(d) section 601 ;
(e) section 622 .
sec.10
Designated instrument
sec.10 Designated instrument
A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 33 (1) ;
section 35 (5) (a) and (b) ;
section 60 (2) ;
section 71 (1) ;
section 92 (6) ;
section 221 (1) ;
section 226 (6) ;
section 316 (1) ;
section 317 (1) ;
section 319 (1) ;
section 320 (1) ;
section 322 (1) ;
section 338 (6) ;
section 343 (10) ;
section 359 (3) ;
section 363 (2) ;
section 372 (1) ;
section 380 (1) ;
section 397 (4) ;
section 401 (7) ;
section 607 (3) .
A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 171 (1) ;
section 404 (4) ;
section 445 (3) .
A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .
In this section—
Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
(sec.10-ssec.1) A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 33 (1) ; section 35 (5) (a) and (b) ; section 60 (2) ; section 71 (1) ; section 92 (6) ; section 221 (1) ; section 226 (6) ; section 316 (1) ; section 317 (1) ; section 319 (1) ; section 320 (1) ; section 322 (1) ; section 338 (6) ; section 343 (10) ; section 359 (3) ; section 363 (2) ; section 372 (1) ; section 380 (1) ; section 397 (4) ; section 401 (7) ; section 607 (3) .
(sec.10-ssec.2) A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 171 (1) ; section 404 (4) ; section 445 (3) .
(sec.10-ssec.3) A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .
(sec.10-ssec.4) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
(a) section 33 (1) ;
(b) section 35 (5) (a) and (b) ;
(c) section 60 (2) ;
(d) section 71 (1) ;
(e) section 92 (6) ;
(f) section 221 (1) ;
(g) section 226 (6) ;
(h) section 316 (1) ;
(i) section 317 (1) ;
(j) section 319 (1) ;
(k) section 320 (1) ;
(l) section 322 (1) ;
(m) section 338 (6) ;
(n) section 343 (10) ;
(o) section 359 (3) ;
(p) section 363 (2) ;
(q) section 372 (1) ;
(r) section 380 (1) ;
(s) section 397 (4) ;
(t) section 401 (7) ;
(u) section 607 (3) .
(a) section 171 (1) ;
(b) section 404 (4) ;
(c) section 445 (3) .
sec.11
Designated tribunal
sec.11 Designated tribunal
The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.
QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .
(sec.11-ssec.1) The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.
(sec.11-ssec.2) QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .
pt.2-div.3
Modifications of Co-operatives National Law for this jurisdiction
Modifications of Co-operatives National Law for this jurisdiction
sec.12
Operation of division
sec.12 Operation of division
This division modifies the Co-operatives National Law for the purposes of applying the modified Co-operatives National Law as a law of this jurisdiction under section 4 .
sec.13
Modification of s 220 (Name to include certain matter)
sec.13 Modification of s 220 (Name to include certain matter)
Section 220 , after subsection (6) —
insert—
The Registrar may, by written notice given to an entity, exempt the entity from subsection (4) if the Registrar is satisfied the entity is trading or carrying on business for:
the purpose of promoting the economic interests of its members in accordance with co-operative principles; or
a charitable purpose.
An exemption given under subsection (6A) :
may be given subject to conditions; and
has effect for the period stated in the exemption, unless it is earlier revoked.
If the Registrar gives an entity an exemption under subsection (6A) :
subsection (4) does not apply in relation to the entity while the exemption is in effect; and
the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
For subsections (6A) and (6C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.
Subsections (6A) to (6D) are additional Queensland provisions.
(sec.13-frag-ssec.6A) The Registrar may, by written notice given to an entity, exempt the entity from subsection (4) if the Registrar is satisfied the entity is trading or carrying on business for: the purpose of promoting the economic interests of its members in accordance with co-operative principles; or a charitable purpose.
(sec.13-frag-ssec.6B) An exemption given under subsection (6A) : may be given subject to conditions; and has effect for the period stated in the exemption, unless it is earlier revoked.
(sec.13-frag-ssec.6C) If the Registrar gives an entity an exemption under subsection (6A) : subsection (4) does not apply in relation to the entity while the exemption is in effect; and the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
(sec.13-frag-ssec.6D) For subsections (6A) and (6C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.
(a) the purpose of promoting the economic interests of its members in accordance with co-operative principles; or
(b) a charitable purpose.
(a) may be given subject to conditions; and
(b) has effect for the period stated in the exemption, unless it is earlier revoked.
(a) subsection (4) does not apply in relation to the entity while the exemption is in effect; and
(b) the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
sec.14
Modification of s 225 (Restriction on use of word co-operative or similar words)
sec.14 Modification of s 225 (Restriction on use of word co-operative or similar words)
Section 225 , after subsection (1) —
insert—
The Registrar may, by written notice given to an entity, exempt the entity from subsection (1) .
An exemption given under subsection (1A) :
may be given subject to conditions; and
has effect for the period stated in the exemption, unless it is earlier revoked.
If the Registrar gives an entity an exemption under subsection (1A) :
subsection (1) does not apply in relation to the entity while the exemption is in effect; and
the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
For subsections (1A) and (1C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.
Subsections (1A) to (1D) are additional Queensland provisions.
(sec.14-frag-ssec.1A) The Registrar may, by written notice given to an entity, exempt the entity from subsection (1) .
(sec.14-frag-ssec.1B) An exemption given under subsection (1A) : may be given subject to conditions; and has effect for the period stated in the exemption, unless it is earlier revoked.
(sec.14-frag-ssec.1C) If the Registrar gives an entity an exemption under subsection (1A) : subsection (1) does not apply in relation to the entity while the exemption is in effect; and the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
(sec.14-frag-ssec.1D) For subsections (1A) and (1C) (b) , a written notice given to a member of the controlling body of an entity is taken to have been given to the entity.
(a) may be given subject to conditions; and
(b) has effect for the period stated in the exemption, unless it is earlier revoked.
(a) subsection (1) does not apply in relation to the entity while the exemption is in effect; and
(b) the Registrar may vary the conditions of the exemption, or revoke the exemption, by written notice given to the entity.
sec.15
Modification of sch 4 (Miscellaneous provisions relating to interpretation)
sec.15 Modification of sch 4 (Miscellaneous provisions relating to interpretation)
Schedule 4 , clause 4, after subclause (5)—
insert—
However, an editor’s note included in this Law does not form part of this Law.
For interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland.
In this section—
Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .
Subsections (6) to (8) are additional Queensland provisions.
Schedule 4 , Part 8 —
omit.
(sec.15-ssec.1) Schedule 4 , clause 4, after subclause (5)— insert— However, an editor’s note included in this Law does not form part of this Law. For interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland. In this section— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) . Subsections (6) to (8) are additional Queensland provisions.
(sec.15-ssec.1-frag-ssec.6) However, an editor’s note included in this Law does not form part of this Law.
(sec.15-ssec.1-frag-ssec.7) For interpreting an editor’s note included in this Law, an additional Queensland provision is a provision of this Law that does not form part of the Co-operatives National Law and has been included for the application of the Co-operatives National Law in Queensland.
(sec.15-ssec.1-frag-ssec.8) In this section— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .
(sec.15-ssec.2) Schedule 4 , Part 8 — omit.
pt.2-div.4
Provisions specific to this jurisdiction
Provisions specific to this jurisdiction
sec.16
Application of various provisions of Corporations Act —offences by officers of co-operatives
sec.16 Application of various provisions of Corporations Act —offences by officers of co-operatives
For the following provisions of the Co-operatives National Law (Queensland) , 1 July 2001 is specified—
section 201 (b) ;
section 444 (3) (k) ;
section 451 (1) (f) .
(a) section 201 (b) ;
(b) section 444 (3) (k) ;
(c) section 451 (1) (f) .
sec.17
Disposal of consideration for shares compulsorily acquired
sec.17 Disposal of consideration for shares compulsorily acquired
For the Co-operatives National Law (Queensland) , section 436 (3) (b) (i) , paying the amount to the public trustee as unclaimed money is specified.
sec.18
Application of Corporations Act —deregistration
sec.18 Application of Corporations Act —deregistration
For the Co-operatives National Law (Queensland) , section 453 (d) , the State of Queensland is specified.
For the Co-operatives National Law (Queensland) , section 453 (e) , crediting the amount to an account in accordance with the Financial Accountability Act 2009 is specified.
(sec.18-ssec.1) For the Co-operatives National Law (Queensland) , section 453 (d) , the State of Queensland is specified.
(sec.18-ssec.2) For the Co-operatives National Law (Queensland) , section 453 (e) , crediting the amount to an account in accordance with the Financial Accountability Act 2009 is specified.
sec.19
Costs of inquiry
sec.19 Costs of inquiry
For the Co-operatives National Law (Queensland) , section 530 (3) (b) , the State of Queensland is prescribed.
sec.20
Secrecy
sec.20 Secrecy
For the Co-operatives National Law (Queensland) , section 537 (4) (c) , the following persons are specified—
the Minister responsible for administering the Financial Accountability Act 2009 ;
the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ;
the Queensland Auditor-General under the Auditor-General Act 2009 .
Also, the Crime and Corruption Commission is specified for the Co-operatives National Law (Queensland) , section 537 (4) (c) in relation to particular information if—
the Registrar received a written request for the information from the commission; and
the Minister and the Registrar approve, in writing, the giving of the information to the commission.
For the Co-operatives National Law (Queensland) , section 537 (6) , definition former Act , the repealed Cooperatives Act 1997 is specified.
(sec.20-ssec.1) For the Co-operatives National Law (Queensland) , section 537 (4) (c) , the following persons are specified— the Minister responsible for administering the Financial Accountability Act 2009 ; the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ; the Queensland Auditor-General under the Auditor-General Act 2009 .
(sec.20-ssec.2) Also, the Crime and Corruption Commission is specified for the Co-operatives National Law (Queensland) , section 537 (4) (c) in relation to particular information if— the Registrar received a written request for the information from the commission; and the Minister and the Registrar approve, in writing, the giving of the information to the commission.
(sec.20-ssec.3) For the Co-operatives National Law (Queensland) , section 537 (6) , definition former Act , the repealed Cooperatives Act 1997 is specified.
(a) the Minister responsible for administering the Financial Accountability Act 2009 ;
(b) the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 ;
(c) the Queensland Auditor-General under the Auditor-General Act 2009 .
(a) the Registrar received a written request for the information from the commission; and
(b) the Minister and the Registrar approve, in writing, the giving of the information to the commission.
sec.21
Pecuniary penalty orders
sec.21 Pecuniary penalty orders
For the Co-operatives National Law (Queensland) , section 556 (2) , a pecuniary penalty that a person is ordered to pay in this jurisdiction under section 556 (1) of that Law—
is a debt payable by the person to the State of Queensland; and
may be recovered from the person by the State as a debt payable to the State of Queensland.
(a) is a debt payable by the person to the State of Queensland; and
(b) may be recovered from the person by the State as a debt payable to the State of Queensland.
sec.22
Disposal of records by Registrar
sec.22 Disposal of records by Registrar
For the Co-operatives National Law (Queensland) , section 603 , the Public Records Act 2023 is specified.
s 22 amd 2023 No. 33 s 107 sch 4
sec.23
Registration fees
sec.23 Registration fees
Despite any other Act, a fee must not be charged under an Act for the registration of an instrument in relation to a transfer of property under the Co-operatives National Law (Queensland) , section 413 or 481 in relation to—
a merger of co-operatives, or a transfer of engagements of a co-operative, under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 1 or chapter 5 , part 5.5 ; or
a transfer of incorporation under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 .
(a) a merger of co-operatives, or a transfer of engagements of a co-operative, under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 1 or chapter 5 , part 5.5 ; or
(b) a transfer of incorporation under the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 .
sec.24
Exclusion of bodies
sec.24 Exclusion of bodies
For the Co-operatives National Law (Queensland) , section 623 , the Co-operatives National Law (Queensland) does not apply to a society registered as a cooperative housing society under the Financial Intermediaries Act 1996 .
sec.25
Offence proceedings
sec.25 Offence proceedings
A proceeding for an offence against this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) is a summary proceeding under the Justices Act 1886 .
A proceeding mentioned in subsection (1) —
must be started within 5 years after the offence is committed; and
may be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.
(sec.25-ssec.1) A proceeding for an offence against this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) is a summary proceeding under the Justices Act 1886 .
(sec.25-ssec.2) A proceeding mentioned in subsection (1) — must be started within 5 years after the offence is committed; and may be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.
(a) must be started within 5 years after the offence is committed; and
(b) may be brought only by the chief executive or a person authorised in writing by the chief executive to bring the proceedings.
sec.26
Proceedings for recovery of fines and penalties under rules of co-operative
sec.26 Proceedings for recovery of fines and penalties under rules of co-operative
This section applies in relation to a fine or penalty imposed on a person under the rules of a co-operative for an infringement of the rules.
A proceeding for the recovery of the fine or penalty may be brought only by the co-operative.
(sec.26-ssec.1) This section applies in relation to a fine or penalty imposed on a person under the rules of a co-operative for an infringement of the rules.
(sec.26-ssec.2) A proceeding for the recovery of the fine or penalty may be brought only by the co-operative.
pt.3
Regulation-making power
Regulation-making power
sec.27
Regulation-making power
sec.27 Regulation-making power
The Governor in Council may make regulations under this Act.
Without limiting subsection (1) , a regulation may—
modify the application of a national regulation in this jurisdiction; or
if a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or
prescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or
provide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or
impose a penalty of no more than 20 penalty units for contravention of a regulation.
(sec.27-ssec.1) The Governor in Council may make regulations under this Act.
(sec.27-ssec.2) Without limiting subsection (1) , a regulation may— modify the application of a national regulation in this jurisdiction; or if a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or prescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or provide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or impose a penalty of no more than 20 penalty units for contravention of a regulation.
(a) modify the application of a national regulation in this jurisdiction; or
(b) if a provision of the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) provides that the local regulations may prescribe or provide for a particular matter, or refers to a matter prescribed or provided for by the local regulations—prescribe or provide for the matter for the provision; or
(c) prescribe fees payable in relation to the administration of the Co-operatives National Law (Queensland) , including additional fees for the late filing of a document with the Registrar; or
(d) provide for the refund or waiver of all or part of a fee, or the reduction of a fee, that is payable under the Co-operatives National Law (Queensland) ; or
(e) impose a penalty of no more than 20 penalty units for contravention of a regulation.
pt.4
Repeal
Repeal
sec.28
Repeal
sec.28 Repeal
The Cooperatives Act 1997 , No. 39 is repealed.
pt.5
Transitional and saving provisions for repealed Cooperatives Act 1997
Transitional and saving provisions for repealed Cooperatives Act 1997
pt.5-div.1
Preliminary
Preliminary
sec.29
Definitions for part
sec.29 Definitions for part
In this part—
cooperative means a cooperative under the repealed Act.
corresponding Law provision , for a provision of the repealed Act, means a provision of the Law that is equivalent to, or substantially the same as, the provision of the repealed Act.
the Law means the Co-operatives National Law (Queensland).
repealed Act means the repealed Cooperatives Act 1997.
pt.5-div.2
General transitional and saving provisions
General transitional and saving provisions
sec.30
Existing cooperatives continue as co-operatives under the Law
sec.30 Existing cooperatives continue as co-operatives under the Law
This section applies in relation to a body that, immediately before the commencement, was registered as a cooperative under the repealed Act.
The body is taken to be registered as a co-operative under the Law.
Without limiting subsection (2)—
if, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or
if, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or
if, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group.
See also schedule 3, section 2 of the Law in relation to a foreign co-operative registered under the repealed Act immediately before the commencement.
The body’s certificate of registration under the repealed Act continues in effect and is taken to be a certificate of registration under the Law.
The body’s disclosure statement under the repealed Act continues in effect and is taken to be its disclosure statement under the Law.
A person or body that was a member of the cooperative under the repealed Act immediately before the commencement continues to be a member of the co-operative under the Law.
A resolution made by the cooperative under the repealed Act that is in effect immediately before the commencement continues in effect as if it were made under the Law.
(sec.30-ssec.1) This section applies in relation to a body that, immediately before the commencement, was registered as a cooperative under the repealed Act.
(sec.30-ssec.2) The body is taken to be registered as a co-operative under the Law.
(sec.30-ssec.3) Without limiting subsection (2)— if, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or if, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or if, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group. See also schedule 3, section 2 of the Law in relation to a foreign co-operative registered under the repealed Act immediately before the commencement.
(sec.30-ssec.4) The body’s certificate of registration under the repealed Act continues in effect and is taken to be a certificate of registration under the Law.
(sec.30-ssec.5) The body’s disclosure statement under the repealed Act continues in effect and is taken to be its disclosure statement under the Law.
(sec.30-ssec.6) A person or body that was a member of the cooperative under the repealed Act immediately before the commencement continues to be a member of the co-operative under the Law.
(sec.30-ssec.7) A resolution made by the cooperative under the repealed Act that is in effect immediately before the commencement continues in effect as if it were made under the Law.
(a) if, immediately before the commencement, the body was a trading cooperative under the repealed Act, the body is taken to be a distributing co-operative under the Law; or
(b) if, immediately before the commencement, the body was a non-trading cooperative under the repealed Act, the body is taken to be a non-distributing co-operative under the Law; or
(c) if, immediately before the commencement, the body was an association or a federation under the repealed Act, the body is taken to be a co-operative group.
sec.31
General transitional and saving provision
sec.31 General transitional and saving provision
For applying the Law—
anything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and
something may be done under a corresponding Law provision if—
before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and
on the commencement, the period within which the thing was required or permitted to be done has not passed; and
the appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and
a thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and
a reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.
The Law applies for the purpose of subsection (1) with necessary changes.
This section does not limit another section of this part.
(sec.31-ssec.1) For applying the Law— anything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and something may be done under a corresponding Law provision if— before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and on the commencement, the period within which the thing was required or permitted to be done has not passed; and the appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and a thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and a reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.
(sec.31-ssec.2) The Law applies for the purpose of subsection (1) with necessary changes.
(sec.31-ssec.3) This section does not limit another section of this part.
(a) anything done under a provision of the repealed Act before the commencement is taken to have been done under a corresponding Law provision; and
(b) something may be done under a corresponding Law provision if— (i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and (ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and
(i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and
(ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and
(c) the appointment of a person before the commencement under the repealed Act, if the appointment had not ended before the commencement, continues to have the same effect as if that Act had not been repealed; and
(d) a thing or circumstance created before the commencement, or existing or continuing immediately before the commencement, under the repealed Act continues to have the same status, operation and effect as if that Act had not been repealed; and
(e) a reference in a provision of the Law to a co-operative includes, if the context permits, a reference to a cooperative under the repealed Act.
(i) before the commencement, the thing was required or permitted to be done, but was not done, under a provision of the repealed Act; and
(ii) on the commencement, the period within which the thing was required or permitted to be done has not passed; and
pt.5-div.3
Formation
Formation
sec.32
Formation meetings held under the repealed Act, s 16
sec.32 Formation meetings held under the repealed Act, s 16
This section applies if—
before the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and
immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.
The formation meeting is taken to have been held under chapter 2, part 2.1, division 2 of the Law.
A decision made at the formation meeting to authorise a person to apply for registration of the proposed cooperative under the repealed Act is taken to be a decision to authorise a person to apply for registration of the proposed co-operative under the Law.
(sec.32-ssec.1) This section applies if— before the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.
(sec.32-ssec.2) The formation meeting is taken to have been held under chapter 2, part 2.1, division 2 of the Law.
(sec.32-ssec.3) A decision made at the formation meeting to authorise a person to apply for registration of the proposed cooperative under the repealed Act is taken to be a decision to authorise a person to apply for registration of the proposed co-operative under the Law.
(a) before the commencement, a formation meeting was held under section 16 of the repealed Act in relation to a proposed cooperative; and
(b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 of the repealed Act.
sec.33
Formation meetings held under the repealed Act, s 23
sec.33 Formation meetings held under the repealed Act, s 23
This section applies if—
before the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and
immediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.
The formation meeting is taken to have been held under section 30 of the Law.
A special resolution made at the meeting approving the proposed registration is taken to be a special resolution approving registration as a co-operative under the Law.
(sec.33-ssec.1) This section applies if— before the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and immediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.
(sec.33-ssec.2) The formation meeting is taken to have been held under section 30 of the Law.
(sec.33-ssec.3) A special resolution made at the meeting approving the proposed registration is taken to be a special resolution approving registration as a co-operative under the Law.
(a) before the commencement, a formation meeting was held under section 23 of the repealed Act in relation to a corporation; and
(b) immediately before the commencement, an application for registration of the corporation as a cooperative had not been made under section 22 of the repealed Act.
sec.34
Existing approvals of disclosure statements
sec.34 Existing approvals of disclosure statements
This section applies if—
before the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and
immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
The approval continues in effect and is taken to be an approval of a formation disclosure statement given under section 25 of the Law.
(sec.34-ssec.1) This section applies if— before the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
(sec.34-ssec.2) The approval continues in effect and is taken to be an approval of a formation disclosure statement given under section 25 of the Law.
(a) before the commencement, the registrar approved, or was taken to have approved, a disclosure statement in relation to a proposed cooperative under section 17 of the repealed Act; and
(b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
sec.35
Draft disclosure statement submitted before commencement
sec.35 Draft disclosure statement submitted before commencement
This section applies if—
before the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and
immediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.
Section 17 of the repealed Act continues to apply in relation to the draft disclosure statement as if that Act had not been repealed.
If the registrar approves, or is taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act, the approval is taken to be an approval of a formation disclosure statement given under section 25 of the Law.
(sec.35-ssec.1) This section applies if— before the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and immediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.
(sec.35-ssec.2) Section 17 of the repealed Act continues to apply in relation to the draft disclosure statement as if that Act had not been repealed.
(sec.35-ssec.3) If the registrar approves, or is taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act, the approval is taken to be an approval of a formation disclosure statement given under section 25 of the Law.
(a) before the commencement, a draft disclosure statement for a proposed cooperative was submitted to the registrar under section 17 of the repealed Act; and
(b) immediately before the commencement, the registrar had not decided to approve or refuse to approve, or been taken to have approved, a disclosure statement in relation to the proposed cooperative under section 17 of the repealed Act.
sec.36
Existing approvals of rules
sec.36 Existing approvals of rules
This section applies if—
before the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and
immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
The approval continues in effect and is taken to be an approval of rules given under section 24 of the Law.
(sec.36-ssec.1) This section applies if— before the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
(sec.36-ssec.2) The approval continues in effect and is taken to be an approval of rules given under section 24 of the Law.
(a) before the commencement, the registrar approved rules for a proposed cooperative under section 18 of the repealed Act; and
(b) immediately before the commencement, an application for registration of the proposed cooperative had not been made under section 19 or 22 of the repealed Act.
sec.37
Draft rules submitted before commencement
sec.37 Draft rules submitted before commencement
This section applies if—
before the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and
immediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.
Section 18 of the repealed Act continues to apply in relation to the draft rules as if that Act had not been repealed.
If the registrar approves rules for the proposed cooperative under section 18 of the repealed Act, the approval is taken to be an approval of rules given under section 24 of the Law.
(sec.37-ssec.1) This section applies if— before the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and immediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.
(sec.37-ssec.2) Section 18 of the repealed Act continues to apply in relation to the draft rules as if that Act had not been repealed.
(sec.37-ssec.3) If the registrar approves rules for the proposed cooperative under section 18 of the repealed Act, the approval is taken to be an approval of rules given under section 24 of the Law.
(a) before the commencement, draft rules for a proposed cooperative were submitted to the registrar under section 18 of the repealed Act; and
(b) immediately before the commencement, the registrar had not decided to approve, or refuse to approve, rules for the proposed cooperative under section 18 of the repealed Act.
sec.38
Existing applications for registration of proposed cooperatives
sec.38 Existing applications for registration of proposed cooperatives
This section applies if—
before the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and
immediately before the commencement, the registrar had not decided the application.
Part 2 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.
If the registrar decides that the registrar is satisfied the requirements for registration for the application have been met—
the registrar must register the proposed cooperative as a co-operative under the Law; and
the Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.
In this section—
requirements for registration means—
for an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or
for an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.
(sec.38-ssec.1) This section applies if— before the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and immediately before the commencement, the registrar had not decided the application.
(sec.38-ssec.2) Part 2 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.
(sec.38-ssec.3) If the registrar decides that the registrar is satisfied the requirements for registration for the application have been met— the registrar must register the proposed cooperative as a co-operative under the Law; and the Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.
(sec.38-ssec.4) In this section— requirements for registration means— for an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or for an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.
(a) before the commencement, an application for registration of a proposed cooperative was made under section 19 or 22 of the repealed Act; and
(b) immediately before the commencement, the registrar had not decided the application.
(a) the registrar must register the proposed cooperative as a co-operative under the Law; and
(b) the Law applies in relation to the registration as if the decision were made under section 27 or 32 of the Law.
(a) for an application made under section 19 of the repealed Act—the requirements for registration mentioned in section 20(2) of the repealed Act; or
(b) for an application made under section 22 of the repealed Act—the requirements for registration mentioned in section 25(2) of the repealed Act.
sec.39
Existing applications to QCAT
sec.39 Existing applications to QCAT
This section applies if—
before the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and
immediately before the commencement, QCAT had not finished dealing with the application.
QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(sec.39-ssec.1) This section applies if— before the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and immediately before the commencement, QCAT had not finished dealing with the application.
(sec.39-ssec.2) QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
(sec.39-ssec.3) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(a) before the commencement, an application was made to QCAT under section 29, 30 or 31 of the repealed Act; and
(b) immediately before the commencement, QCAT had not finished dealing with the application.
sec.40
Right to apply to QCAT for review of matters under repealed Act
sec.40 Right to apply to QCAT for review of matters under repealed Act
This section applies if, immediately before the commencement—
a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and
the person had not made the application; and
the period for making the application under the QCAT Act had not expired.
This section also applies if, on or after the commencement—
the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or
the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.
The person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed.
A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(sec.40-ssec.1) This section applies if, immediately before the commencement— a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and the person had not made the application; and the period for making the application under the QCAT Act had not expired.
(sec.40-ssec.2) This section also applies if, on or after the commencement— the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.
(sec.40-ssec.3) The person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed.
(sec.40-ssec.4) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(a) a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and
(b) the person had not made the application; and
(c) the period for making the application under the QCAT Act had not expired.
(a) the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or
(b) the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.
pt.5-div.4
Dealings with cooperatives
Dealings with cooperatives
sec.41
Dealings with cooperatives before commencement
sec.41 Dealings with cooperatives before commencement
Part 3, division 3 of the repealed Act continues to apply in relation to a person’s dealings with a cooperative, or dealings with a person who has, or purports to have, directly or indirectly acquired title to property from a cooperative, if the dealings happened before the commencement.
pt.5-div.5
Membership
Membership
sec.42
Fines imposed on members before commencement
sec.42 Fines imposed on members before commencement
A fine imposed on a member under section 74 of the repealed Act, that immediately before the commencement had not been paid by the member, continues in effect after the commencement as if the fine were imposed under section 126 of the Law.
sec.43
Fines may be imposed on members after commencement
sec.43 Fines may be imposed on members after commencement
A co-operative may impose a fine on a member under section 126 of the Law for an infringement of the rules of the co-operative that happened before the commencement.
However, subsection (1) does not apply if a fine was imposed on the member for the infringement under section 74 of the repealed Act.
(sec.43-ssec.1) A co-operative may impose a fine on a member under section 126 of the Law for an infringement of the rules of the co-operative that happened before the commencement.
(sec.43-ssec.2) However, subsection (1) does not apply if a fine was imposed on the member for the infringement under section 74 of the repealed Act.
sec.44
Transfers of property under the repealed Act, pt 4, div 3
sec.44 Transfers of property under the repealed Act, pt 4, div 3
Section 81 of the repealed Act continues to apply in relation to a transfer of property made under part 4, division 3 of the repealed Act before the commencement as if that Act had not been repealed.
sec.45
Existing applications to Supreme Court
sec.45 Existing applications to Supreme Court
This section applies if—
before the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and
immediately before the commencement, the Supreme Court had not finished dealing with the application.
The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
An order made by the Supreme Court under part 4 of the repealed Act in relation to the application is taken to be an order made under chapter 2, part 2.5 of the Law.
(sec.45-ssec.1) This section applies if— before the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and immediately before the commencement, the Supreme Court had not finished dealing with the application.
(sec.45-ssec.2) The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
(sec.45-ssec.3) An order made by the Supreme Court under part 4 of the repealed Act in relation to the application is taken to be an order made under chapter 2, part 2.5 of the Law.
(a) before the commencement, an application had been made to the Supreme Court under part 4 of the repealed Act; and
(b) immediately before the commencement, the Supreme Court had not finished dealing with the application.
sec.46
Existing orders
sec.46 Existing orders
An order made by the Supreme Court under part 4 of the repealed Act and in effect immediately before the commencement continues in effect as if the order were made under chapter 2, part 2.5 of the Law.
sec.47
Applications to Supreme Court in relation to matters arising before commencement
sec.47 Applications to Supreme Court in relation to matters arising before commencement
A person or co-operative may make an application to the Supreme Court under chapter 2, part 2.5 of the Law in relation to a matter arising before the commencement.
pt.5-div.6
Rules
Rules
sec.48
Existing rules
sec.48 Existing rules
The existing rules of a co-operative are the rules that were—
registered under the repealed Act; and
in force for the co-operative immediately before the commencement.
The co-operative’s existing rules—
continue in effect; and
are taken to be the co-operative’s rules under the Law; and
are taken to have been registered under the Law.
If a provision of the co-operative’s existing rules are inconsistent with the Law, the Law prevails to the extent of the inconsistency.
For applying the existing rules—
a reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and
a reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and
a reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.
(sec.48-ssec.1) The existing rules of a co-operative are the rules that were— registered under the repealed Act; and in force for the co-operative immediately before the commencement.
(sec.48-ssec.2) The co-operative’s existing rules— continue in effect; and are taken to be the co-operative’s rules under the Law; and are taken to have been registered under the Law.
(sec.48-ssec.3) If a provision of the co-operative’s existing rules are inconsistent with the Law, the Law prevails to the extent of the inconsistency.
(sec.48-ssec.4) For applying the existing rules— a reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and a reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and a reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.
(a) registered under the repealed Act; and
(b) in force for the co-operative immediately before the commencement.
(a) continue in effect; and
(b) are taken to be the co-operative’s rules under the Law; and
(c) are taken to have been registered under the Law.
(a) a reference in the existing rules to a requirement under the repealed Act is taken to be a reference to a requirement under the Law that is equivalent to, or substantially the same as, the requirement under the repealed Act; and
(b) a reference in the existing rules to the co-operative being a trading cooperative is taken to be a reference to the co-operative being a distributing co-operative; and
(c) a reference in the existing rules to the co-operative being a non-trading cooperative is taken to be a reference to the co-operative being a non-distributing co-operative.
sec.49
Proposed alteration of rules submitted before commencement
sec.49 Proposed alteration of rules submitted before commencement
This section applies if—
before the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and
immediately before the commencement, the registrar had not decided—
to approve the proposed alteration or a different alteration; or
to refuse to approve the proposed alteration.
Section 106 of the repealed Act continues to apply in relation to the proposed alteration as if that Act had not been repealed.
If the registrar approves the proposed alteration, or a different alteration, under section 106(4) of the repealed Act, the approval is taken to be an approval of an amendment of the rules given under section 60(6) of the Law.
(sec.49-ssec.1) This section applies if— before the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and immediately before the commencement, the registrar had not decided— to approve the proposed alteration or a different alteration; or to refuse to approve the proposed alteration.
(sec.49-ssec.2) Section 106 of the repealed Act continues to apply in relation to the proposed alteration as if that Act had not been repealed.
(sec.49-ssec.3) If the registrar approves the proposed alteration, or a different alteration, under section 106(4) of the repealed Act, the approval is taken to be an approval of an amendment of the rules given under section 60(6) of the Law.
(a) before the commencement, a draft of a proposed alteration of a cooperative’s rules was submitted to the registrar under section 106 of the repealed Act; and
(b) immediately before the commencement, the registrar had not decided— (i) to approve the proposed alteration or a different alteration; or (ii) to refuse to approve the proposed alteration.
(i) to approve the proposed alteration or a different alteration; or
(ii) to refuse to approve the proposed alteration.
(i) to approve the proposed alteration or a different alteration; or
(ii) to refuse to approve the proposed alteration.
sec.50
Existing applications for registration of alterations
sec.50 Existing applications for registration of alterations
This section applies if—
before the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and
immediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.
Section 109 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.
If the registrar decides to register the alteration, the Law applies in relation to the registration as if the decision were made under section 63 of the Law.
(sec.50-ssec.1) This section applies if— before the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and immediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.
(sec.50-ssec.2) Section 109 of the repealed Act continues to apply in relation to the application as if that Act had not been repealed.
(sec.50-ssec.3) If the registrar decides to register the alteration, the Law applies in relation to the registration as if the decision were made under section 63 of the Law.
(a) before the commencement, an application for registration of an alteration of a cooperative’s rules was made under section 109 of the repealed Act; and
(b) immediately before the commencement, the registrar had not registered the alteration or refused to register the alteration.
sec.51
Existing applications to QCAT
sec.51 Existing applications to QCAT
This section applies if—
before the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and
immediately before the commencement, QCAT had not finished dealing with the application.
QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(sec.51-ssec.1) This section applies if— before the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and immediately before the commencement, QCAT had not finished dealing with the application.
(sec.51-ssec.2) QCAT must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
(sec.51-ssec.3) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(a) before the commencement, a cooperative had made an application to QCAT under section 110 of the repealed Act; and
(b) immediately before the commencement, QCAT had not finished dealing with the application.
sec.52
Right to apply to QCAT for review of matters under repealed Act
sec.52 Right to apply to QCAT for review of matters under repealed Act
This section applies if, immediately before the commencement—
a cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and
the cooperative had not made the application; and
the period for making the application under the QCAT Act had not expired.
This section also applies if, on or after the commencement, the registrar fails to approve an alteration of a cooperative’s rules, or to register an alteration of the cooperative’s rules, under the repealed Act.
The cooperative may apply to QCAT for a review of the failure under the repealed Act as if the repealed Act had not been repealed.
A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(sec.52-ssec.1) This section applies if, immediately before the commencement— a cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and the cooperative had not made the application; and the period for making the application under the QCAT Act had not expired.
(sec.52-ssec.2) This section also applies if, on or after the commencement, the registrar fails to approve an alteration of a cooperative’s rules, or to register an alteration of the cooperative’s rules, under the repealed Act.
(sec.52-ssec.3) The cooperative may apply to QCAT for a review of the failure under the repealed Act as if the repealed Act had not been repealed.
(sec.52-ssec.4) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.
(a) a cooperative had a right to apply to QCAT under section 110 of the repealed Act for a review of a matter mentioned in that section; and
(b) the cooperative had not made the application; and
(c) the period for making the application under the QCAT Act had not expired.
pt.5-div.7
Active membership
Active membership
sec.53
Existing applications to Supreme Court
sec.53 Existing applications to Supreme Court
This section applies if—
before the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and
immediately before the commencement, the Supreme Court had not finished dealing with the application.
The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
An order made by the Supreme Court under section 131 of the repealed Act in relation to the application is taken to be an order made under section 162 of the Law.
(sec.53-ssec.1) This section applies if— before the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and immediately before the commencement, the Supreme Court had not finished dealing with the application.
(sec.53-ssec.2) The Supreme Court must continue to hear the application under the repealed Act after the commencement as if that Act had not been repealed.
(sec.53-ssec.3) An order made by the Supreme Court under section 131 of the repealed Act in relation to the application is taken to be an order made under section 162 of the Law.
(a) before the commencement, a person had made an application to the Supreme Court under section 125(5) of the repealed Act; and
(b) immediately before the commencement, the Supreme Court had not finished dealing with the application.
sec.54
Existing orders and directions
sec.54 Existing orders and directions
An order or direction made by the Supreme Court under section 131 of the repealed Act and in effect immediately before the commencement continues in effect as if the order or direction were made under section 162 of the Law.
sec.55
Applications in relation to cancellation of memberships before commencement
sec.55 Applications in relation to cancellation of memberships before commencement
A person may make an application for an order under section 162 of the Law in relation to the cancellation of the person’s membership under section 125 of the repealed Act before the commencement.
Section 162(2) of the Law does not apply in relation to the application.
(sec.55-ssec.1) A person may make an application for an order under section 162 of the Law in relation to the cancellation of the person’s membership under section 125 of the repealed Act before the commencement.
(sec.55-ssec.2) Section 162(2) of the Law does not apply in relation to the application.
sec.56
Register of cancelled memberships
sec.56 Register of cancelled memberships
A register kept under section 166 of the Law must include the information that must be kept in a register under section 135 of the repealed Act.
sec.57
Entitlements of former members of trading cooperatives
sec.57 Entitlements of former members of trading cooperatives
A person’s entitlement under a provision of part 6, division 5 of the repealed Act to be taken to be the holder of a share in a cooperative for the purpose of an entitlement of a shareholder in the cooperative, continues in effect as an entitlement under the corresponding Law provision in relation to the transitioned co-operative.
For the purposes of applying a corresponding Law provision to an entitlement mentioned in subsection (1), a reference in chapter 2, part 2.6, division 5 of the Law to 2 years is taken to be a reference to 5 years.
See schedule 3, section 1 of the Law.
A person’s entitlement under section 140 of the repealed Act to be taken to be a member of a cooperative for a distribution from reserves of the cooperative continues in relation to the transitioned co-operative.
In this section—
transitioned co-operative , in relation to a cooperative, means the co-operative under the Law that the cooperative is taken to be under section 30.
(sec.57-ssec.1) A person’s entitlement under a provision of part 6, division 5 of the repealed Act to be taken to be the holder of a share in a cooperative for the purpose of an entitlement of a shareholder in the cooperative, continues in effect as an entitlement under the corresponding Law provision in relation to the transitioned co-operative.
(sec.57-ssec.2) For the purposes of applying a corresponding Law provision to an entitlement mentioned in subsection (1), a reference in chapter 2, part 2.6, division 5 of the Law to 2 years is taken to be a reference to 5 years. See schedule 3, section 1 of the Law.
(sec.57-ssec.3) A person’s entitlement under section 140 of the repealed Act to be taken to be a member of a cooperative for a distribution from reserves of the cooperative continues in relation to the transitioned co-operative.
(sec.57-ssec.4) In this section— transitioned co-operative , in relation to a cooperative, means the co-operative under the Law that the cooperative is taken to be under section 30.
pt.5-div.8
Shares
Shares
sec.58
Share capital of cooperative
sec.58 Share capital of cooperative
The share capital of a cooperative under the repealed Act immediately before the commencement continues to be the share capital of the co-operative under the Law.
A share in a cooperative held by a person under the repealed Act immediately before the commencement continues to be held by the person under the Law.
An amount unpaid for shares under the repealed Act immediately before the commencement is taken to be an amount unpaid for the shares under the Law.
(sec.58-ssec.1) The share capital of a cooperative under the repealed Act immediately before the commencement continues to be the share capital of the co-operative under the Law.
(sec.58-ssec.2) A share in a cooperative held by a person under the repealed Act immediately before the commencement continues to be held by the person under the Law.
(sec.58-ssec.3) An amount unpaid for shares under the repealed Act immediately before the commencement is taken to be an amount unpaid for the shares under the Law.
sec.59
Minimum paid up amount
sec.59 Minimum paid up amount
Section 78 of the Law does not affect shares issued before the commencement of that section.
pt.5-div.9
Other provisions
Other provisions
sec.60
Repeal does not affect appointment of deputy registrar and assistant registrar
sec.60 Repeal does not affect appointment of deputy registrar and assistant registrar
The appointment of a person as a deputy registrar or assistant registrar under the Public Service Act 2008 , mentioned in section 435 of the repealed Act, is not affected by the repeal of the repealed Act.
sec.61
References to repealed Act
sec.61 References to repealed Act
A reference in an Act or document to the repealed Act may, if the context permits, be taken to be a reference to the Law.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Co-operatives National Law Act 2020 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
In this Act—
Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) .
Co-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) .
Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) .
local regulation means a regulation made under section 27 .
national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 .
public trustee means the public trustee under the Public Trustee Act 1978 .
Registrar see section 7 .
this jurisdiction see section 7 .
A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.
(sec.3-ssec.1) In this Act— Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW) . Co-operatives National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 (1) . Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4 (2) . local regulation means a regulation made under section 27 . national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland) , section 612 . public trustee means the public trustee under the Public Trustee Act 1978 . Registrar see section 7 . this jurisdiction see section 7 .
(sec.3-ssec.2) A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.
pt.2 Application of Co-operatives National Law
Application of Co-operatives National Law
pt.2-div.1 General
General
sec.4 Application as law of this jurisdiction
sec.4 Application as law of this jurisdiction
The Co-operatives National Law—
applies as a law of this jurisdiction with the modifications set out in this part; and
as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and
applies as if it were an Act.
The National Regulations under the Co-operatives National Law, as in force from time to time—
apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) —
as modified by a local regulation; and
subject to section 6 ; and
as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
For consolidated reprints of the Co-operatives National Law and National Regulations as they apply in Queensland, see the Co-operatives National Law (Queensland) and the Co-operatives National Regulation (Queensland) .
(sec.4-ssec.1) The Co-operatives National Law— applies as a law of this jurisdiction with the modifications set out in this part; and as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and applies as if it were an Act.
(sec.4-ssec.2) The National Regulations under the Co-operatives National Law, as in force from time to time— apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — as modified by a local regulation; and subject to section 6 ; and as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
The Act also inserts particular Queensland modifications into the text of the National Law: for example, new Registrar discretionary exemptions about use of the word “co‑operative” and name content (ss 13-14), clarification on editor’s notes not forming part of the Law (s 15), prescribing the chief executive as designated authority for specific national Law sections and magistrates and Ministers for others (s 9), and a prohibition on other Acts charging registration fees for certain transfer instruments connected with mergers, transfers of engagements or transfers of incorporation (s 23). Finally, the Act confirms that proceedings for offences under this Act, the applied national Law or the applied regulations are summary proceedings under the Justices Act 1886, must be started within five years and may be brought only by the chief executive or an authorised person (s 25).
The foregoing describes the statutory transfer of the national cooperative regime into Queensland and the principal state choices made to operate it locally. The Act is largely machinery: it applies the national Law (as a State Act), designates responsible offices and instruments, supplies local modifications and savings, and structures parliamentary scrutiny and rule‑making interactions (ss 4, 5, 6, 10, 11, 27, 28; pt 5).
Main concepts
The Act operates by reference. Key definitional and structural concepts are embodied in the opening definitions and in the way the Co-operatives National Law is imported and modified for Queensland use.
Incorporation by reference: The Co-operatives National Law is defined as the text set out in the NSW Act adoption appendix and is imported into Queensland law “as if it were an Act” (s 3; s 4(1)). That means the substantive national Law (and the National Regulations supporting it) become the operative law in Queensland, subject to the modifications in this Act (s 4).
National Regulations and local regulation: National Regulations under the Co-operatives National Law apply in Queensland as the Co-operatives National Regulation (Queensland) but may be modified by local regulations (s 4(2); s 27). The Act expressly contemplates a two‑tier structure , national instruments that set uniform rules, and local regulations that can alter their application in Queensland (s 4(2); s 27(2)(a)).
Designated roles and instruments: The chief executive is the Registrar of Co-operatives (s 8) and the designated authority for specified national Law sections (s 9). The Act also designates the Supreme Court and QCAT as the tribunals that exercise jurisdiction under the national Law in Queensland (s 11). For a number of national Law provisions, a notice published on a Queensland government website is the designated instrument (s 10).
Exclusions and parliamentary scrutiny: Certain Queensland statutes do not apply to the Co-operatives National Law (Acts Interpretation Act 1954; Legislative Standards Act 1992; Statutory Instruments Act 1992), subject to specified exceptions (s 5). At the same time, Parliamentary scrutiny provisions of the Statutory Instruments Act are applied to national regulations with adjustments to references and publication requirements (s 6).
Registrar discretion: The Act adds express Queensland provisions allowing the Registrar to grant written exemptions from naming restrictions (ss 13-14). An exemption can be conditional, time‑limited, varied or revoked by the Registrar (ss 13-14).
Transitional continuity: A comprehensive set of transitional and saving provisions carry over existing cooperatives, their certificates, disclosure statements, rules, pending applications and current court or tribunal proceedings into the national Law regime (pt 5, especially ss 30, 31, 34-39, 45-51). Existing rules are taken to have been registered under the Law and continue in force subject to the Law prevailing on inconsistencies (s 48).
Enforcement mechanics: Offence proceedings are designated as summary proceedings (s 25), pecuniary penalty orders are stated to be debts payable to the State and recoverable as such (s 21), and confidentiality/exchange of information with certain state bodies (Minister administering Financial Accountability Act, State revenue commissioner, Auditor‑General) and, in specific cases, the Crime and Corruption Commission, are specifically authorised (s 20).
These concepts combine to produce a regime where a federal or multi‑jurisdictional model law operates within the State, with the chief executive acting as the local regulator and a prescribed set of procedural, secrecy and enforcement arrangements imposed to align the national Law with Queensland administrative structures (see ss 3-11; 20-27; pt 5).
Who it affects
Primary affected actors are identified in the Act’s machinery and transitional provisions.
Co-operatives and their members: Existing cooperatives registered under the repealed Cooperatives Act 1997 are taken to be co‑operatives under the new Law, with trading/non‑trading conversions stated expressly (s 30). The Act preserves membership status, existing certificates and disclosure statements and carries forward rules into the new regime (ss 30, 48). Members remain liable for unpaid share capital and fines can be imposed under the new Law for rule infringements that occurred before commencement (ss 58, 42-43).
Proposed or forming co-operatives: The Act treats formation meetings, draft disclosure statements and draft rules submitted under the repealed Act as if they were made under the corresponding provisions of the new Law (secs 32-37). Pending registration applications are to be dealt with under the repealed Act but may be registered under the Law where requirements are met (s 38).
The chief executive, as Registrar and designated authority: The chief executive is designated as the Registrar of Co-operatives (s 8) and the designated authority for several specific national Law provisions (s 9). That person or office therefore decides registration, may give or vary written exemptions (ss 13-14), brings prosecutions for offences under the Act or the applied national Law (s 25), and receives and may publish designated instruments (s 10).
Courts and tribunals: The Supreme Court is the designated tribunal for most of the national Law in Queensland, while QCAT is the tribunal for part 7.3 (s 11). The Act also preserves ongoing proceedings before the Supreme Court and QCAT commenced under the repealed Act (secs 39, 45).
Other state agencies and public officers: The Act specifies particular state officers and bodies for information sharing under secrecy provisions , the Minister responsible for the Financial Accountability Act 2009, the Commissioner of State Revenue (Taxation Administration Act 2001), the Queensland Auditor‑General (Auditor‑General Act 2009), and, in defined circumstances and with approvals, the Crime and Corruption Commission (s 20). The Public Trustee is specified for an unclaimed money disposition under a Queensland provision of the national Law (s 17). Definitions import the Public Sector Act 2022 for “public sector official” (s 7).
Persons involved in mergers, transfers and property dealings: The Act states that fees must not be charged under another Act for registration of instruments that effect certain mergers, transfers of engagements or transfers of incorporation (s 23). For compulsory acquisition disposals of share consideration the public trustee is specified for payment of unclaimed money (s 17).
Regulators and Parliament: The Governor in Council retains regulation making power under this Act (s 27). The Statutory Instruments Act’s tabling/disallowance mechanics are adapted to permit parliamentary scrutiny of national regulations as applied in Queensland (s 6). A committee of the Legislative Assembly may deal with a national regulation as if it were subordinate legislation (s 6(2)).
Persons subject to offences or pecuniary penalties: Offences under this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) are to be prosecuted as summary offences with a five‑year time limit and only by the chief executive or an authorised person (s 25). Pecuniary penalty orders are enforceable as a debt owed to and recoverable by the State of Queensland (s 21).
The Act therefore affects a wide set of public and private stakeholders: cooperatives and their stakeholders (members, directors), proposed entrants and forming bodies, the departmental machinery (the chief executive/Registrar), courts and tribunals, other state agencies that receive or provide information under the regime, and those engaged in mergers and transfers whose registration costs are governed by s 23. The Act also adjusts how national instruments interact with Queensland regulatory and parliamentary processes (ss 4-6, 10, 27).
Key duties and rights
The Act assigns administrative duties, procedural rights and discrete discretionary powers at the state level to align the national Law with Queensland practice. Below are the core duties and rights created or preserved by the Act, with statutory references:
Registrar functions and discretion: The chief executive is designated Registrar (s 8). The Registrar may give written exemptions from particular naming provisions and from the prohibition on use of the word “co‑operative” (ss 13-14). Exemptions may be given subject to conditions, are time limited, and can be varied or revoked by written notice; notices given to a member of a controlling body are taken to have been given to the entity (ss 13(6A)-(6D); 14(1A)-(1D)). Those provisions therefore create a state‑level administrative discretion to permit departures from national naming rules and restrict or permit the word “co‑operative” in particular cases.
Publication and designated instruments: For numerous national Law provisions the designated instrument in Queensland is a notice published on a Queensland Government website (s 10(1)). For a handful of national Law provisions the designated instrument is a local regulation (s 10(2)), and for a particular national Law provision a notice in an approved form given to the Registrar and published on a Queensland Government website is the designated instrument (s 10(3)). The Act defines “Queensland Government website” for this purpose (s 10(4)). This sets a duty to monitor and publish particular notices via the State’s web presence.
Tribunal and court jurisdiction: The Supreme Court is the designated tribunal for most national Law provisions, and QCAT is the forum for part 7.3 (s 11). The Act preserves rights to continue proceedings pending in Supreme Court or QCAT under the repealed Act (ss 39, 45) and preserves the right to apply to QCAT for reviews that were available under the repealed Act where time limits have not lapsed (ss 40, 52). Those provisions protect existing procedural rights during the transition.
Fee rules and fee waiver powers: The Governor in Council may make regulations prescribing fees relating to administration of the Co-operatives National Law (including late filing fees) and may provide for fee refund, waiver or reduction (s 27(2)(c)-(d)). Separately, the Act prevents other Acts from requiring a fee to be charged for registration of instruments related to specific mergers, transfers or transfers of incorporation under the national Law (s 23). The combined result is that the State preserves power to set and adjust Registrar fees and also prevents overlapping fee claims by other statutes for particular transactions.
Offences and prosecution: Proceedings for offences under this Act, the applied Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) are summary proceedings under the Justices Act 1886 (s 25(1)). Such proceedings must be started within five years and may be brought only by the chief executive or a person authorised in writing by the chief executive (s 25(2)). The Act thus centralises prosecutorial initiative in the Registrar’s office (chief executive) or a delegate.
Secrecy and information sharing: The Act specifies state entities that may be provided information under the national Law’s secrecy proceeds: Minister for Financial Accountability Act matters, Commissioner of State Revenue, and the Queensland Auditor‑General (s 20(1)). The Crime and Corruption Commission is also specified in relation to particular information where the Registrar received a written request and the Registrar and Minister approve in writing (s 20(2)). These are authorisations to disclose otherwise confidential material to particular public bodies, subject to approval processes.
Pecuniary penalties and recovery: A pecuniary penalty ordered under the national Law in Queensland is a debt payable by the person to the State of Queensland and may be recovered by the State as a debt (s 21). The Act therefore assigns the State an enforceable claim and recovery power over civil monetary sanctions ordered under the applied national Law.
Records and public records compliance: For the purposes of disposal of records by the Registrar, the Public Records Act 2023 is specified (s 22). That imposes duties on the Registrar in relation to the retention and disposal of administrative records.
Transitional rights and continuations: The Act preserves numerous rights from the repealed Act: existing cooperatives are taken to be registered under the Law, existing certificates and disclosure statements continue (s 30); approvals of disclosure statements and rules made under the repealed Act continue and are taken to be approvals under corresponding Law provisions (ss 34, 36); existing rules remain and are treated as registered under the Law (s 48). Those saving rules secure rights and entitlements for entities and persons transitioning into the national regime.
These duties and rights allocate regulatory decision‑making to Queensland executive offices but preserve and carry forward the legal positions and procedural entitlements of cooperatives and their stakeholders from the repealed coordinated state regime into the national Law as applied locally. Each power or right is set out with conditions and procedural mechanisms in the cited sections.
Penalties and enforcement
The Act establishes procedural parameters for enforcement and specifies the way monetary penalties are treated in Queensland.
Nature of proceedings and limitation period: A proceeding for an offence against this Act, the Co-operatives National Law (Queensland) or the Co-operatives National Regulation (Queensland) is a summary proceeding under the Justices Act 1886 (s 25(1)). Such a proceeding must be commenced within five years after the offence is committed (s 25(2)(a)). That sets a clear time limit for prosecutions.
Who may prosecute: Prosecutions may be commenced only by the chief executive or by a person authorised in writing by the chief executive (s 25(2)(b)). This centralises enforcement initiation in the Registrar’s office (chief executive), removing private or third‑party rights to commence summary proceedings under the applied Law in Queensland.
Regulatory penalties via local regulations: The Governor in Council may make regulations under this Act and may, among other things, impose a penalty of not more than 20 penalty units for contravention of a local regulation (s 27(2)(e)). That provides a statutory maximum for regulatory offences created by local regulations under the Act. The Act does not itself specify a broad catalogue of offences; rather, it sets the means and limits by which subordinate legislation may create regulatory offences.
Pecuniary penalty orders: A pecuniary penalty ordered under the Co-operatives National Law (Queensland) becomes a debt payable by the person to the State of Queensland and may be recovered by the State as a debt (s 21). This converts pecuniary penalties into enforceable State debts, aligning recovery mechanisms with ordinary debt recovery procedures. The Act thereby gives the State a direct enforcement interest in civil monetary sanctions under the national Law as applied in Queensland.
Secrecy and information disclosure in enforcement contexts: The Act identifies specified state bodies to which the Registrar may disclose information under the national Law’s secrecy provisions (s 20(1)). Additionally, disclosure to the Crime and Corruption Commission is possible for particular information where the Registrar receives a written request and both the Minister and Registrar approve giving the information (s 20(2)). Those provisions create controlled channels for sharing confidential material with auditing, revenue, and anti‑corruption bodies, which is relevant to investigative and enforcement activity.
Continued effect of prior supervisory orders: Orders and proceedings started under the repealed Act remain valid and continue under the new Law (see pt 5: ss 39, 45, 46, 53-55). That means enforcement action underway before commencement is preserved and may be concluded under the previous regime or treated as decisions made under the new Law.
Administrative and fee‑related regulation: The Act allows prescription of fees relating to administration of the Co-operatives National Law, including late filing fees, and provides for refunds or waivers (s 27(2)(c)-(d)). While not a penalty in the criminal sense, late filing fees and administrative penalties are enforcement‑adjacent regulatory levers the State can apply.
The enforcement architecture centralises prosecutorial authority and converts ordered pecuniary penalties into State debts. It preserves ongoing enforcement matters and provides the legislative ceiling for infringement penalties created by local regulation (s 27(2)(e)). For practitioners, the combination of a five‑year limitation, centralised initiation of proceedings and State recovery of pecuniary penalties are the operative features to bear in mind (s 25; s 21).
How it interacts with other laws
The Act contains explicit cross‑references and exclusions, and it prescribes how national regulations will be treated in relation to Queensland parliamentary scrutiny and subordinate legislation processes.
Exclusions of certain Queensland Acts: The Act specifies that the Acts Interpretation Act 1954, the Legislative Standards Act 1992 and the Statutory Instruments Act 1992 do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, except to the extent provided in s 5(2) and s 6 (s 5(1)). This is a direct statutory carve‑out that limits the operation of some Queensland statutory interpretative and standards frameworks in relation to the applied national Law.
Limited application of Acts Interpretation and statutory instrument provisions: Notwithstanding the exclusion, the Act directs that the Acts Interpretation Act 1954, s 20C and part 12, do apply to the Co-operatives National Law (Queensland) and its instruments (s 5(2)). Also, the Statutory Instruments Act 1992, ss 49-51 (tabling and disallowance) are applied to national regulations as if references to subordinate legislation were references to national regulations, and adjusted publication requirements are mapped to the national Law’s publication rules (s 6(1)). A Legislative Assembly committee may deal with national regulations under the Parliament of Queensland Act 2001 as if they were subordinate legislation (s 6(2)). The Legislative Standards Act 1992, s 4, is also applied to national regulations for the purpose of standards scrutiny in s 6(3). These provisions show Parliament has retained some oversight, but through adapted mechanisms that align national regulation publication and tabling with the national Law’s processes (s 6).
Relations with Corporations Act and other Commonwealth/state provisions: The Act specifies application dates or choices for particular cross‑references to the Corporations Act as they operate within the Co-operatives National Law (Queensland) (s 16). It also prescribes state-specific treatments for deregistration proceeds and disposal of consideration for compulsorily acquired shares, including specifying the State of Queensland or the public trustee for certain dispositions (ss 17-18). These provisions implement how national Law references to corporate or deregistration mechanics are to be interpreted in the Queensland context.
Fee interaction with other Acts: The Act prevents any other Act of Queensland from charging a fee for registration of instruments in relation to certain mergers, transfers of engagements or transfers of incorporation under the Co-operatives National Law (Queensland) (s 23). That provides a statutory priority which can displace other statutory fee claims.
Public records and disposal: For the Co-operatives National Law (Queensland) provision on disposal of records by the Registrar, the Act specifies the Public Records Act 2023 (s 22). Thus the Registrar’s records disposal functions are to be managed according to state archival and records law.
Secrecy and authorised disclosures: The Act supplements the national Law’s secrecy regime by specifically naming Queensland statutory officers and bodies that may receive otherwise confidential information (s 20). That coordinates the confidentiality regime of the national Law with Queensland auditing and revenue oversight functions.
Continuity with repealed Act: The Act’s repeal of the Cooperatives Act 1997 is accompanied by detailed transitional and saving provisions that preserve applications, approvals, rules, certificates, pending litigation, QCAT and Supreme Court matters and membership entitlements (pt 5). Clause 61 expressly allows a reference in other Acts or documents to the repealed Act to be read as a reference to the Law where the context permits (s 61). This reduces drafting friction where other legislation or documents still refer to the old statute.
The statute therefore does not operate in isolation: it displaces some state Acts for the purposes of the applied national Law, adapts parliamentary scrutiny mechanisms to national regulations, coordinates certain financial and court procedures with state structures, and preserves continuity through transitional provisions. Practitioners should note both the exclusions of Queensland statutory regimes in s 5 and the adapted re‑application of specific parts of those regimes to national regulations in s 6.
Amendment history
The text contains specific amendment annotations within several sections that identify later legislative modifications or are framed as inserted Queensland provisions. Reliably, the Act itself is the mechanism by which the national Law is adopted and modified for Queensland; within the provided text there are explicit notes indicating subsequent amendments and inserted provisions. The Act records the following amendment markers and additions:
s 7 (definitions for particular terms) carries an annotation noting amendments: “s 7 def police officer amd 2023 No. 7 s 68 sch 1 pt 2” and “s 7 def public sector official amd 2022 No. 34 s 365 sch 3” (appearing in the subsection text). Those annotations indicate that the definitions in s 7 were amended by subsequent numbered Acts in 2022 and 2023 as shown in the text.
s 9 (designated authority) appears with annotation “s 9 amd 2021 No. 7 s 4” indicating that the list of designated authorities in s 9 was amended by a 2021 Act.
s 15 (modification of schedule 4 and editor’s notes) includes the instruction “Subsections (6) to (8) are additional Queensland provisions” and notes that Schedule 4, Part 8 has been omitted. Those are structural amendments to the application and interpretation of the national Law as it sits in Queensland.
s 22 (disposal of records by Registrar) contains an amendment note “s 22 amd 2023 No. 33 s 107 sch 4” reflecting a 2023 amendment specifying the Public Records Act 2023 for disposal of records.
Several other sections are explicitly identified as “additional Queensland provisions” (for example, ss 13-14 adding Registrar exemption powers, and s 15 adding interpretive guidance that editor’s notes do not form part of the Law). Those insertions are described in the text as additional Queensland provisions.
The Act repealed the Cooperatives Act 1997 (s 28). That repeal is itself a key historical amendment to the statutory framework governing cooperatives in Queensland.
Within the scope of the provided text there are no further amendment schedules or consolidated amendment histories beyond the in‑text annotations. The document records where Queensland has added or modified provisions relative to the national Law (for example, ss 13-15 and pt 2 div 3 generally) and notes specific legislative amending instruments by year and section where present. For a complete amendment chronology or citation list beyond these in‑text markers, one would need to consult Queensland consolidated reprints or the parliamentary amendment records; however, the Act’s text itself flags the particular sections and years of amendment as shown above (see ss 7, 9, 15, 22 and the inserted Queensland provisions in ss 13-14).
Litigation history
The legislative text provided does not include any cases, judicial decisions, or litigation history. The Act preserves and continues existing litigation and tribunal processes that were commenced under the repealed Cooperatives Act 1997: for example, pending QCAT applications under the repealed Act are to be continued by QCAT under that Act as if it had not been repealed (s 39); pending Supreme Court applications under part 4 of the repealed Act continue and an order made by the Supreme Court is taken to be an order made under the corresponding chapter of the Co-operatives National Law (Queensland) (s 45); and in many other transitional provisions the Act requires existing proceedings or reviews to continue under the prior law with the decisions transferred to the new Law’s machinery (see pt 5 generally, esp ss 38-40, 45-46, 51-55). These transitional provisions preserve the legal status of in‑flight matters, but the Act does not record judicial interpretations or report any decided cases in relation to the Act itself.
As the Act contains no case law citations, there is no litigation history to summarise from the statute text. Practitioners seeking to understand judicial treatment of the national Law or of these transitional provisions will need to consult court and tribunal records and databases outside the statute. The Act does, however, set the procedural rules by which ongoing and future litigation will be handled in Queensland under the imported national Law (see ss 11, 25, and the transition provisions in pt 5).
Gotchas
Several concrete, practice‑relevant traps and non‑obvious mechanics arise from the Act’s drafting. These are matters that lawyers, company secretaries, compliance officers and parties involved in cooperative transactions should note, because they create operational requirements or shift burdens in ways that are easy to miss.
Designated instrument via website: For many national Law provisions the designated instrument in Queensland is a notice published on a Queensland Government website (s 10(1)). The Act defines “Queensland Government website” as a URL containing ‘qld.gov.au’ but excludes local government websites (s 10(4)). Practically, this means that compliance or discharge of an obligation that the national Law says is effected by a “designated instrument” may be satisfied by a web notice. Entities must monitor the appropriate state web locations for notices that have legal effect; believing that only gazette publication or registered post counts may be incorrect, because the Act prescribes web publication as sufficient for particular provisions (s 10).
Notices to members count as notice to entity: Under the exemptions the Registrar may give (ss 13-14), a written notice given to a member of the controlling body is taken to be given to the entity (ss 13(6D), 14(1D)). That practical rule can create binding effects on an entity where a controlling body member receives notice personally; entities should ensure their controlling bodies have reliable notice arrangements.
National regulations can be locally modified and may cease to have effect locally: The national regulations apply in Queensland but “as modified by a local regulation” and subject to s 6 (s 4(2)). Section 6 applies the Statutory Instruments Act’s tabling and disallowance mechanisms to national regulations as if they were subordinate legislation (s 6(1)). If a national regulation ceases to have effect because of tabling/disallowance under these adapted rules, the cessation applies in Queensland but does not affect the regulation’s operation in other jurisdictions (s 6(4)). Entities doing business across jurisdictions should not assume that a national regulation will have uniform force everywhere; local parliamentary processes can change the regulation’s effect in Queensland alone (ss 4(2), 6(4)).
Centralised prosecutorial control and limitation period: Offence prosecutions are summary proceedings and may be brought only by the chief executive or a person authorised in writing by the chief executive (s 25(2)(b)). There is a five‑year limitation period for such prosecutions (s 25(2)(a)). Private parties, third‑party litigants or regulators other than the authorised persons cannot commence summary prosecutions , a change which concentrates enforcement discretion inside the Registrar’s office.
Fee blocking for some registration instruments: Section 23 provides that, despite any other Act, a fee must not be charged under an Act for registration of certain instruments connected with mergers, transfers of engagements or transfers of incorporation under the national Law (s 23). That displaces other statutory fee claims but does not create an entitlement to a fee refund where a fee has already been lawfully charged before that section operates; read s 23 carefully in deal timelines to ensure registration costs are properly budgeted.
Pecuniary penalties recoverable by the State: A pecuniary penalty ordered under the national Law in Queensland is a debt payable to the State and enforceable as such (s 21). The State, not the national regulator or another party, becomes the creditor. Parties dealing with enforcement risk should note the change in recovery mechanics.
Editor’s notes do not form part of the Law: The Act inserts a provision clarifying that an editor’s note included in the Law does not form part of the Law (s 15). Parties should not rely on editor’s notes as sources of substantive legal rights, though the Act gives directions for interpreting editor’s notes in the presence of additional Queensland provisions (s 15).
Transition mechanics preserve prior entities and documents but can mask substantive changes: Existing rules, certificates, disclosure statements and memberships continue (ss 30, 34, 36, 48). However, the Law prevails to the extent of any inconsistency (s 48(3)). Transition can therefore produce surprises where historical rules conflict with the national Law; the national Law’s terms will override conflicting rule provisions.
Secrecy exceptions require approvals: Disclosure to the Crime and Corruption Commission for particular information requires both a written request from the Commission and written approval by the Minister and Registrar (s 20(2)). That gatekeeping adds a procedural step to information sharing that may be time‑critical in investigatory contexts.
Publication timing and parliamentary scrutiny: The adaptation of the Statutory Instruments Act’s tabling/disallowance (s 6) depends on publication mechanisms under the national Law (s 6(1) cross‑referring to s 614(1) of the national Law). Failure to observe the specific publication route can affect whether tabling obligations are met and whether a regulation can be disallowed.
These points are concrete statutory mechanics rather than interpretive judgements. They disclose where administrative discretion is concentrated, where notice or publication rules depart from conventional expectations, and where transitional preservation of existing documents intersects with the national Law’s supremacy over inconsistent rules (see ss 10, 13-14, 20, 21, 23, 48, 6).
How to comply
The Act’s structure and transitional provisions point to a series of compliance steps and practical checks for cooperatives, advisers and state officials. Below is a checklist of concrete actions and monitoring obligations grounded in the Act.
Confirm classification and registration status: Entities registered under the repealed Cooperatives Act 1997 are taken to be co‑operatives under the Law, with trading cooperatives treated as distributing cooperatives and non‑trading cooperatives as non‑distributing cooperatives (s 30(2)-(3)). Ensure corporate records and public descriptions (eg. membership documents, share registers, disclosure statements) reflect the new terminology where necessary.
Review existing rules for inconsistencies: Existing rules continue and are taken to be registered under the Law, but the Law prevails in the event of inconsistency (s 48(2)-(3)). Map existing rule provisions against the national Law to identify where rule amendments will be required to avoid conflicts and prepare amendment proposals where needed (s 48).
Monitor and respond to designated instruments on qld.gov.au: For named national Law provisions the designated instrument in Queensland is a notice published on a Queensland Government website (s 10(1)). Establish a monitoring regimen for the relevant qld.gov.au pages and ensure that where the Law requires publication or a notice in an approved form, that mechanism is used.
If seeking naming or word exemptions, follow Registrar notice procedures: The Registrar may exempt an entity from naming restrictions or from the restriction on use of the word “co‑operative” by written notice (ss 13-14). Exemptions can be conditional, time‑limited, varied or revoked (ss 13(6B)-(6C), 14(1B)-(1C)). Submit applications for exemptions in writing and maintain records of any written notices given to controlling body members (which are treated as notice to the entity) (ss 13(6D), 14(1D)).
Check fee rules for mergers and transfers: For mergers of co‑operatives, transfers of engagements, or transfers of incorporation under specified chapters of the national Law, no fee may be charged under another Act for registration of the relevant instrument (s 23). Plan transaction budgets and registration strategies accordingly and confirm with the Registrar whether any state fee is applicable.
Track national regulations and potential local modifications: National Regulations apply in Queensland but can be modified by local regulations and are subject to adapted tabling/disallowance procedures (s 4(2); s 6; s 27). Monitor both national regulations and Queensland local regulations and the Legislative Assembly’s tabling and disallowance activities to anticipate changes to regulatory obligations.
Maintain records in line with Public Records Act requirements: The Registrar’s disposal of records is governed by the Public Records Act 2023 as specified (s 22). Ensure records retention and disposal policies align with state archival obligations.
Understand enforcement and time limits: Offences under this Act, the national Law as applied, or the Co-operatives National Regulation (Queensland) are summary proceedings with a five‑year limitation, and only the chief executive or an authorised person may commence such proceedings (s 25). Parties should keep documentary evidence for at least that period and liaise with the Registrar where enforcement risk exists.
Be aware of secrecy disclosure pathways: If confidentiality issues arise, note who may receive confidential information under the Law in Queensland: Minister for Financial Accountability Act matters, Commissioner of State Revenue, Auditor‑General; disclosure to the Crime and Corruption Commission requires a written request from the Commission and written approvals by the Minister and Registrar (s 20). If a cooperative is subject to investigation, identify the relevant approval pathway early.
Preserve rights and manage pending matters under transitional rules: If a cooperative has pending approvals, registrations, draft rules or disclosure statements submitted under the repealed Act, those instruments continue to be governed by the corresponding repeal provisions until finalised (see ss 32-38, 34-37). For pending court or QCAT matters, confirm whether the proceeding should continue under the repealed Act (many sections require continuation) and record applicable procedural timelines (ss 39, 45, 51).
Seek written authorisations where required: Because many powers and enforcement rights are concentrated in the chief executive (eg prosecution initiation, designated authority functions), ensure that any person acting on the Registrar’s behalf has written authorisation where required (s 25(2)(b)).
Update member communications and registers: Membership continuities are preserved and existing certificates and disclosure statements continue in effect (s 30). Update communications, registers and public disclosures to ensure they reflect the new Law’s terminology and any changes.
This compliance checklist is grounded in the statutory mechanics of the Act. Responsible officers should map each of the cited provisions (ss 4, 8-11, 13-14, 20-23, 25, 27, 30, 34-39, 48) to the cooperative’s governance documents and operational procedures, engage with the Registrar for any necessary exemptions or approvals, and institute monitoring systems for designated instruments and national/local regulatory changes. Where transitional matters or ongoing litigation are involved, check the specific transitional subsection that preserves or continues the prior Act’s effect (see pt 5).
(a) applies as a law of this jurisdiction with the modifications set out in this part; and
(b) as so applying, may be referred to as the Co-operatives National Law (Queensland) ; and
(c) applies as if it were an Act.
(a) apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland) — (i) as modified by a local regulation; and (ii) subject to section 6 ; and
(i) as modified by a local regulation; and
(ii) subject to section 6 ; and
(b) as so applying, may be referred to as the Co-operatives National Regulation (Queensland) .
(i) as modified by a local regulation; and
(ii) subject to section 6 ; and
sec.5 Exclusion of legislation of this jurisdiction
sec.5 Exclusion of legislation of this jurisdiction
The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 —
the Acts Interpretation Act 1954 ;
the Legislative Standards Act 1992 ;
the Statutory Instruments Act 1992 .
The Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.
(sec.5-ssec.1) The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6 — the Acts Interpretation Act 1954 ; the Legislative Standards Act 1992 ; the Statutory Instruments Act 1992 .
(sec.5-ssec.2) The Acts Interpretation Act 1954 , section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.
(a) the Acts Interpretation Act 1954 ;
(b) the Legislative Standards Act 1992 ;
(c) the Statutory Instruments Act 1992 .
sec.6 Parliamentary scrutiny of national regulations
sec.6 Parliamentary scrutiny of national regulations
The Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if—
a reference in those sections to subordinate legislation were a reference to a national regulation; and
the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .
Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.
A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.
For subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.
If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.
(sec.6-ssec.1) The Statutory Instruments Act 1992 , sections 49 to 51 apply in relation to a national regulation as if— a reference in those sections to subordinate legislation were a reference to a national regulation; and the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) . Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.
(sec.6-ssec.2) A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.
(sec.6-ssec.3) For subsection (2) , the Legislative Standards Act 1992 , section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.
(sec.6-ssec.4) If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.
(a) a reference in those sections to subordinate legislation were a reference to a national regulation; and
(b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland) , section 614 (1) .
pt.2-div.2 Meaning of particular terms for Co-operatives National Law (Queensland)
Meaning of particular terms for Co-operatives National Law (Queensland)
sec.7 Meaning of particular terms
sec.7 Meaning of particular terms
In the Co-operatives National Law (Queensland) —
police officer means a police officer within the meaning of the Police Service Administration Act 1990 .
s 7 def police officer amd 2023 No. 7 s 68 s ch 1 pt 2
public sector official means a public service employee under the Public Sector Act 2022 , section 13 .
s 7 def public sector official amd 2022 No. 34 s 365 sch 3
Registrar means the chief executive as the Registrar of Co-operatives in relation to this jurisdiction under section 8 .
this jurisdiction means Queensland.
sec.8 Registrar of Co-operatives
sec.8 Registrar of Co-operatives
The chief executive is designated as the Registrar of Co-operatives in relation to this jurisdiction.
sec.9 Designated authority
sec.9 Designated authority
The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 15 ;
section 492 ;
section 494 ;
section 601 ;
section 622 .
A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .
The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .
s 9 amd 2021 No. 7 s 4
(sec.9-ssec.1) The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 15 ; section 492 ; section 494 ; section 601 ; section 622 .
(sec.9-ssec.2) A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , sections 504 and 505 .
(sec.9-ssec.3) The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland) , section 520 .
(a) section 15 ;
(b) section 492 ;
(c) section 494 ;
(d) section 601 ;
(e) section 622 .
sec.10 Designated instrument
sec.10 Designated instrument
A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 33 (1) ;
section 35 (5) (a) and (b) ;
section 60 (2) ;
section 71 (1) ;
section 92 (6) ;
section 221 (1) ;
section 226 (6) ;
section 316 (1) ;
section 317 (1) ;
section 319 (1) ;
section 320 (1) ;
section 322 (1) ;
section 338 (6) ;
section 343 (10) ;
section 359 (3) ;
section 363 (2) ;
section 372 (1) ;
section 380 (1) ;
section 397 (4) ;
section 401 (7) ;
section 607 (3) .
A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) —
section 171 (1) ;
section 404 (4) ;
section 445 (3) .
A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .
In this section—
Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
(sec.10-ssec.1) A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 33 (1) ; section 35 (5) (a) and (b) ; section 60 (2) ; section 71 (1) ; section 92 (6) ; section 221 (1) ; section 226 (6) ; section 316 (1) ; section 317 (1) ; section 319 (1) ; section 320 (1) ; section 322 (1) ; section 338 (6) ; section 343 (10) ; section 359 (3) ; section 363 (2) ; section 372 (1) ; section 380 (1) ; section 397 (4) ; section 401 (7) ; section 607 (3) .
(sec.10-ssec.2) A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland) — section 171 (1) ; section 404 (4) ; section 445 (3) .
(sec.10-ssec.3) A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland) , section 443 (5) .
(sec.10-ssec.4) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
(a) section 33 (1) ;
(b) section 35 (5) (a) and (b) ;
(c) section 60 (2) ;
(d) section 71 (1) ;
(e) section 92 (6) ;
(f) section 221 (1) ;
(g) section 226 (6) ;
(h) section 316 (1) ;
(i) section 317 (1) ;
(j) section 319 (1) ;
(k) section 320 (1) ;
(l) section 322 (1) ;
(m) section 338 (6) ;
(n) section 343 (10) ;
(o) section 359 (3) ;
(p) section 363 (2) ;
(q) section 372 (1) ;
(r) section 380 (1) ;
(s) section 397 (4) ;
(t) section 401 (7) ;
(u) section 607 (3) .
(a) section 171 (1) ;
(b) section 404 (4) ;
(c) section 445 (3) .
sec.11 Designated tribunal
sec.11 Designated tribunal
The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.
QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .
(sec.11-ssec.1) The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , other than part 7.3 of that Law.
(sec.11-ssec.2) QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland) , part 7.3 .
pt.2-div.3 Modifications of Co-operatives National Law for this jurisdiction
Modifications of Co-operatives National Law for this jurisdiction
sec.12 Operation of division
sec.12 Operation of division
This division modifies the Co-operatives National Law for the purposes of applying the modified Co-operatives National Law as a law of this jurisdiction under section 4 .
sec.13 Modification of s 220 (Name to include certain matter)
sec.13 Modification of s 2
This is an opening excerpt, not the complete document.