Co-operatives National Law (ACT) Act 2017

This Act applies the national Co-operatives National Law to the Australian Capital Territory, with a set of Territory-specific modifications and administrative arrangements. Mechanically, s 7 imports the Co-operatives National Law as contained in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW), applies it as a Territory law (the Co-operatives National Law (ACT)), and treats it as part of this Act (s 7(1)). The import operates subject to schedule 1, which lists express modifications to the applied national law. The Co-operatives National Regulations are likewise applied as the Co-operatives National Regulation (ACT) (s 7(5)). The Act establishes who exercises key functions under the applied Law, how amendments made in New South Wales are treated in the ACT, and which local procedures and tribunals apply.

The Act also sets the institutional design for local administration. It designates the commissioner for fair trading as the Registrar of Co-operatives and identifies which powers the Registrar exercises (s 19, s 11). It specifies the designated tribunal for appeals and reviews, placing most matters in the Magistrates Court while part 7.3 appeals and reviews go to the ACT Civil and Administrative Tribunal (ACAT) (s 13). The Act centralises a number of executive discretions: schedule 1 inserts and substitutes multiple provisions to vest determinations, fees, and approvals in the Minister by disallowable instrument rather than by local regulation or fixed prescription (see schedule 1, modifications [1.1A], [1.1B], [1.1D], [1.5A], [1.5C], [1.15], [1.16]).

Several procedural and enforcement choices are settled by the local application provisions. Proceedings for offences under the local application provisions are to be disposed of summarily in the Magistrates Court and can be commenced only by the Registrar or a person authorised in writing by the Registrar, within five years of the alleged offence (s 33). Pecuniary penalty orders payable in the ACT are to be treated and enforced as civil debts to the Territory (s 18). Officials exercising functions under the Law are afforded statutory protection from personal civil liability when acting honestly and without recklessness, with any civil liability instead attaching to the Territory (s 20).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Co-operatives National Law (ACT) Act 2017 A2017-8 Republication No 5 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Co-operatives National Law (ACT) Act 2017 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Co-operatives National Law (ACT) Act 2017 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Terms used in Co-operatives National Law (ACT) 2 5 Notes 2 6 Offences against Act—application of Criminal Code etc 3 Part 2 Application of Co-operatives National Law and Co-operatives National Regulations 7 Application of Co-operatives National Law and Co-operatives National Regulations 4 8 Exclusion of Legislation Act 5

Contents Page contents 2 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Some matters referred to in Co-operatives National Law (ACT) 9 Meaning of certain terms in Co-operatives National Law (ACT) 7 10 Corporations application legislation—the Law, s 4 7 11 Designated authority—the Law, s 4 7 12 Designated instrument—the Law, s 4 8 13 Designated tribunal—the Law, s 4 11 14 Shares compulsorily acquired—the Law, s 436 12 15 Deregistration—the Law, s 453 12 16 Costs of inquiry—the Law, s 530 13 17 Secrecy—the Law, s 537 13 18 Pecuniary penalty orders—the Law, s 556 14 19 Registrar of Co-operatives—the Law, s 595 14 20 Protection of officials from liability—the Law, s 595 14 21 Stamp duty on transfer—the Law, s 620 15 22 Registration fees—the Law, s 620 16 Part 4 Application of Corporations Act 23 Definitions—pt 4 17 24 Provisions to which this part applies 17 25 Effect of declaratory provisions 18 26 Modifications to applied Corporations law 19 27 Conferral of functions on ASIC 20 28 Conferral of functions on ACT courts 20 29 Implied application of regulations and other provisions of Corporations legislation 21 30 Proceedings for offences 21 31 Application of Corporations legislation by other means 22 Part 5 Miscellaneous 32 Rules of co-operatives formed to carry on club may restrict voting rights 23 33 Proceeding for offences 23 34 Proceeding for recovery of fines or penalties under co-operatives rules 24 35 Regulation-making power—local regulations 24

Contents Page R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Modifications—Co-operatives National Law 26 Dictionary 31 Endnotes 1 About the endnotes 33 2 Abbreviation key 33 3 Legislation history 34 4 Amendment history 35 5 Earlier republications 36 6 Expired transitional or validating provisions 37

R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Co-operatives National Law (ACT) Act 2017 An Act to apply a national law relating to co-operatives, and for other purposes

Part 1 Preliminary Section 1 page 2 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Co-operatives National Law (ACT) Act 2017. 3 Dictionary (1) The dictionary at the end of this Act is part of this Act. (2) A definition in the dictionary applies to the local application provisions of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘local regulations—see section 35.’ means that the term ‘local regulations’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Terms used in Co-operatives National Law (ACT) Terms used in the local application provisions of this Act and also in the Co-operatives National Law (ACT) have the same meanings in those provisions as they have in the Co-operatives National Law (ACT). Note A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155). 5 Notes A note included in the local application provisions of this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 6 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations Section 7 page 4 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Application of Co-operatives National Law and Co-operatives National Regulations 7 Application of Co-operatives National Law and Co-operatives National Regulations (1) Subject to this section, the Co-operatives National Law, as in force from time to time, set out in the appendix to the NSW Act— (a) applies as a territory law, as modified by schedule 1; and (b) as so applying may be referred to as the Co-operatives National Law (ACT); and (c) so applies as if it were part of this Act. (2) A law that amends the Co-operatives National Law set out in the appendix to the NSW Act and is passed by the New South Wales Parliament after this Act’s notification day must be presented to the Legislative Assembly not later than 6 sitting days after the day it is passed. (3) The amending law may be disallowed by the Legislative Assembly in the same way, and within the same period, that a disallowable instrument may be disallowed. Note See the Legislation Act, s 65 (Disallowance by resolution of Assembly). (4) If the amending law is not presented to the Legislative Assembly in accordance with subsection (2), or is disallowed under subsection (3), the Co-operatives National Law applying under subsection (1) is taken— (a) not to include the amendments made by the amending law; and (b) to include any provision repealed or amended by the amending law as if the amending law had not been made.

Application of Co-operatives National Law and Co-operatives National Regulations Part 2 Section 8 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) The Co-operatives National Regulations, as in force from time to time— (a) apply as Co-operatives National Regulations in force under the Co-operatives National Law (ACT), as modified by local regulations; and (b) as so applying may be referred to as the Co-operatives National Regulation (ACT). (6) In this section: NSW Act means the Co-operatives (Adoption of National Law) Act 2012 (NSW). 8 Exclusion of Legislation Act (1) The Legislation Act does not apply to the Co-operatives National Law (ACT). (2) However, the Legislation Act, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to the Co-operatives National Regulation (ACT) as if— (a) a reference to a subordinate law were a reference to the Co-operatives National Regulations; and (b) a reference to ‘notification day’ in the Legislation Act, section 64 (Presentation of subordinate laws and disallowable instruments) were a reference to ‘published’ as mentioned in the Co-operatives National Law (ACT), section 614 (1) (Publication and commencement of National Regulations); and (c) any other necessary changes were made.

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations Section 8 page 6 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Also, the Legislation Act, part 6.3 (Making of certain statutory instruments about fees) and chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) apply to the provisions of the Co-operatives National Law (ACT) modified by the following: (a) schedule 1, modifications 1.1A to 1.1E; (b) schedule 1, modification 1.5A; (c) schedule 1, modifications 1.5C and 1.5D; (d) schedule 1, modification 1.12A; (e) schedule 1, modifications 1.15 and 1.16. (4) This section does not limit the application of the Legislation Act to the local application provisions of this Act.

Some matters referred to in Co-operatives National Law (ACT) Part 3 Section 9 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Some matters referred to in Co-operatives National Law (ACT) 9 Meaning of certain terms in Co-operatives National Law (ACT) In the Co-operatives National Law (ACT): police officer means a police officer. Note The Legislation Act, dictionary, pt 1 defines police officer as a member or special member of the Australian Federal Police. public sector official means a public employee. Note Public employee means a public servant, a person employed by a territory instrumentality or a statutory office-holder or a person employed by a statutory office-holder (see Legislation Act, dict, pt 1). Registrar means the Registrar of Co-operatives designated under section 19 (Registrar of Co-operatives—the Law, s 595). this jurisdiction means the ACT. 10 Corporations application legislation—the Law, s 4 The Corporations application legislation for the ACT is this Act, part 4 (Application of Corporations Act). 11 Designated authority—the Law, s 4 (1) The Registrar is the designated authority for the following provisions of the Co-operatives National Law (ACT): (a) section 15 (Modifications to applied provisions); (b) section 492 (Appointment of inspectors); (c) section 494 (Inspector’s identity card); (d) section 520 (Appointment of investigators);

Part 3 Some matters referred to in Co-operatives National Law (ACT) Section 12 page 8 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) section 601 (Inspection of register of co-operatives); (f) section 622 (Approval of forms). (2) A magistrate is the designated authority for the following provisions of the Co-operatives National Law (ACT): (a) section 504 (Warrants); (b) section 505 (Warrants—applications made otherwise than in person). 12 Designated instrument—the Law, s 4 (1) The designated instrument for a provision of the Co-operatives National Law (ACT) mentioned in an item in table 12, column 2, for the case mentioned in column 4, is the instrument mentioned in column 5 for the item and case. Table 12 Designated instruments column 1 item column 2 section column 3 description column 4 case column 5 designated instrument 1 33 (1) certificate of registration all cases notifiable instrument 2 35 (5) exemption from special postal ballot for amendment of rules of conversion individual co-operative written order class of co-operatives notifiable instrument 3 60 (2) specifying rule amendments requiring prior approval by Registrar all cases notifiable instrument 4 71 (1) exemption from requirements of pt 2.4, div 2 individual co-operative written order class of co-operatives notifiable instrument

Some matters referred to in Co-operatives National Law (ACT) Part 3 Section 12 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 description column 4 case column 5 designated instrument 5 92 (6) exemption from complying with disclosure direction all cases written order 6 171 (1) exemption from requirements of pt 2.6, div 5 individual co-operative written order class of co-operatives notifiable instrument 7 221 (1) approval of omission of ‘Limited’ or ‘Ltd’ from name all cases notifiable instrument 8 226 (6) exemption from requirement to display location notice individual small co-operative written order all small co-operatives notifiable instrument class of co-operatives notifiable instrument 9 316 (1) exemption for individual co-operative from accounting and auditing provisions all cases written order 10 317 (1) exemption for class of co-operatives from accounting and auditing provisions all cases notifiable instrument 11 319 (1) exemption for non-auditor members and former members of audit firms, and former employees of audit companies from accounting and auditing provisions all cases notifiable instrument 12 320 (1) exemption for classes of non-auditor members etc from accounting and auditing provisions all cases notifiable instrument

Part 3 Some matters referred to in Co-operatives National Law (ACT) Section 12 page 10 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 description column 4 case column 5 designated instrument 13 322 (1) exemption from National Regulations made under pt 3.3 all cases notifiable instrument 14 338 (6) exemption from compliance with s 338 individual co-operative written order class of co-operatives notifiable instrument 15 343 (10) exemption from compliance with s 343 individual co-operative written order class of co-operatives notifiable instrument 16 359 (3) exemption from compliance with s 359 or s 248 all cases written order 17 363 (2) stating maximum greater than 20% of nominal value of issued share capital individual co-operative written order class of co-operatives notifiable instrument 18 372 (1) exemption of person or class of persons from the operation of pt 3.5, div 1 all cases notifiable instrument 19 380 (1) exemption from compliance with pt 3.5, div 2 or s 248 all cases written order 20 397 (4) exemption from compliance with s 397 all cases written order 21 401 (7) notification by Registrar of date of effect of transfer of engagements between co-operatives all cases notifiable instrument 22 404 (4) exemption from compliance with s 404 or s 248 all cases written order 23 443 (5) liquidator’s notice of appointment all cases written notice

Some matters referred to in Co-operatives National Law (ACT) Part 3 Section 13 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 description column 4 case column 5 designated instrument 24 445 (3) exemption from compliance with s 445 or s 248 individual co-operative written order class of co-operatives notifiable instrument 25 607 (3) Registrar's approval individual co-operative or person written order class of co-operatives or persons notifiable instrument (2) In this section: notifiable instrument means a notifiable instrument in the approved form. written notice means a written notice in the approved form. written order means a written order in the approved form. 13 Designated tribunal—the Law, s 4 (1) The designated tribunal for the Co-operatives National Law (ACT) is— (a) for part 7.3 (Appeals and review) of the Law—the ACAT; or (b) for any other provision of the Law—the Magistrates Court. (2) In a proceeding under this Act in which the Magistrates Court is the designated tribunal, the Magistrates Court may, on its own initiative or on application by a party to the proceeding— (a) transfer the proceeding to the Supreme Court on the ground that the proceeding raises a complex question or matter of general importance; or

Part 3 Some matters referred to in Co-operatives National Law (ACT) Section 14 page 12 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) reserve a question of law for determination by the Supreme Court. (3) If a proceeding has been transferred to the Supreme Court under subsection (2) (a), the proceeding may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Supreme Court. 14 Shares compulsorily acquired—the Law, s 436 For the Co-operatives National Law (ACT), section 436 (3) (b) (ii), the Corporations Act, section 1341 (1) and (2) (Entitlement to unclaimed property) are taken to be omitted and substituted by the following subsections and note: ‘(1) If unclaimed property is an amount of money, the amount must be paid to the public trustee and guardian. Note A person who claims to be entitled to an amount paid to the public trustee and guardian under this section may apply to the public trustee for payment of the amount (see Unclaimed Money Act 1950, pt 5). (2) If unclaimed property has been sold or disposed of under section 1339 (2), the amount of the proceeds must be paid to the public trustee and guardian.’ 15 Deregistration—the Law, s 453 (1) For the Co-operatives National Law (ACT), section 453 (d) (Application of Corporations Act—deregistration), a reference to the Commonwealth in any of the following sections of the Corporations Act is taken to be a reference to the Territory: (a) section 601AD (Effect of deregistration); (b) section 601AE (What the Commonwealth or ASIC does with the property); (c) section 601AF (The Commonwealth’s and ASIC’s power to fulfil outstanding obligations of deregistered company).

Some matters referred to in Co-operatives National Law (ACT) Part 3 Section 16 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For the Co-operatives National Law (ACT), section 453 (e), a reference in the Corporations Act, section 601AE, to crediting an amount to a Special Account (within the meaning of the Public Governance, Performance and Accountability Act 2013 of the Commonwealth) is taken to be a reference to crediting the amount to the consolidated revenue fund. 16 Costs of inquiry—the Law, s 530 For the Co-operatives National Law (ACT), section 530 (3) (b) (Costs of inquiry), the prescribed entity is the Territory. 17 Secrecy—the Law, s 537 (1) For the Co-operatives National Law (ACT), section 537 (4) (c) (Secrecy), information may be divulged to the following entities: (a) the Treasurer; (b) the commissioner for revenue; (c) the auditor-general; (d) the ombudsman; (e) the integrity commission; (f) a person nominated by a person mentioned in paragraphs (a) to (d). (2) For the Co-operatives National Law (ACT), section 537 (6), definition of former Act, the Cooperatives Act 2002 is specified.

Part 3 Some matters referred to in Co-operatives National Law (ACT) Section 18 page 14 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Pecuniary penalty orders—the Law, s 556 For the Co-operatives National Law (ACT), section 556 (2) (Pecuniary penalty orders), a pecuniary penalty ordered to be paid in this jurisdiction is to be paid and treated as a civil debt owed to the Territory. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). 19 Registrar of Co-operatives—the Law, s 595 The commissioner for fair trading is designated as the Registrar of Co-operatives and may exercise the functions of the Registrar of Co-operatives under— (a) the local application provisions of this Act; and (b) the local regulations; and (c) the Co-operatives National Law (ACT); and (d) the Co-operatives National Regulation (ACT). 20 Protection of officials from liability—the Law, s 595 (1) An official is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function; or (b) in the reasonable belief that the conduct was in the exercise of a function. (2) Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.

Some matters referred to in Co-operatives National Law (ACT) Part 3 Section 21 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: conduct means an act or omission to do an act. function means a function under— (a) the local application provisions of this Act; or (b) the local regulations; or (c) the Co-operatives National Law (ACT); or (d) the Co-operatives National Regulation (ACT). official means— (a) the Minister; or (b) the Registrar; or (c) a public sector official engaged in the administration of the local application provisions of this Act or the Co-operatives National Law (ACT). Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 21 Stamp duty on transfer—the Law, s 620 (1) This section applies if— (a) a co-operative that transfers its incorporation under the Co-operatives National Law (ACT), part 4.3 (Mergers and transfers of engagements), division 2 (Transfer of incorporation), was before its registration as a co-operative under that Law a company under the Corporations Act; and (b) stamp duty had been paid on its incorporation as a company in relation to the amount of the nominal capital of the company (or, if the nominal capital was subsequently increased, on the amount of its nominal capital as increased).

Part 3 Some matters referred to in Co-operatives National Law (ACT) Section 22 page 16 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Any stamp duty paid must be taken into account and included in assessing the stamp duty payable on its incorporation or registration in accordance with the transfer. 22 Registration fees—the Law, s 620 No fee is chargeable under any Act for registration of an instrument executed or registered in relation to a transfer of any property to give effect to the Co-operatives National Law (ACT), section 413 (Effect of merger or transfer on assets and liabilities) or section 481 (Effect of merger or transfer of engagements) in relation to— (a) a merger of co-operatives; or (b) a transfer of engagements; or (c) a transfer of incorporation.

Application of Corporations Act Part 4 Section 23 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Application of Corporations Act 23 Definitions—pt 4 In this part: applied Corporations law means a provision or provisions of the Corporations legislation, or of an Act, regulation or other instrument forming part of the Corporations legislation, that this part applies to a matter as if the provision were a territory law. Corporations legislation means the Corporations legislation to which the Corporations Act, part 1.1A (Interaction between Corporations legislation and State and Territory laws) applies. declaratory provision means a provision of a territory law to which this part applies by operation of section 24. matter includes act, omission, body, person or thing. modification includes addition, exception, omission or substitution. 24 Provisions to which this part applies (1) This part applies to a provision if the provision declares a matter to be an applied Corporations legislation matter for the purposes of this part in relation to any of the following (whether with or without modifications): (a) the whole of the Corporations legislation; (b) a specified Act, regulations or other instrument forming part of the Corporations legislation; (c) a specified provision of the Corporations legislation or of an Act, regulation or other instrument forming part of the Corporations legislation.

Part 4 Application of Corporations Act Section 25 page 18 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Subsection (1) does not apply to a provision to the extent that it declares a matter to be an applied Corporations legislation matter for the purposes of this part in relation to a provision of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, that already applies to the matter as a law of the Commonwealth. 25 Effect of declaratory provisions (1) Subject to this part, a declaratory provision has effect in relation to a matter as follows: (a) if the declaratory provision is one to which section 24 (1) (a) applies—the whole of the Corporations legislation applies to the matter as if it were a territory law; (b) if the declaratory provision is one to which section 24 (1) (b) applies—the Act, regulation or other instrument specified by the declaratory provision applies to the matter as if it were a territory law; (c) if the declaratory provision is one to which section 24 (1) (c) applies—the provision specified by the declaratory provision applies in relation to the matter as if it were a territory law. (2) A provision applied to a matter by a declaratory provision, or taken by force of section 29 (1) (Implied application of regulations and other provisions of Corporations legislation) to apply to the matter, is applied as in force from time to time unless the declaratory provision applies it as in force at a particular time specified by the declaratory provision.

Application of Corporations Act Part 4 Section 26 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Modifications to applied Corporations law (1) This part operates to apply a provision of the Corporations legislation, or of an Act, regulation or other instrument forming part of the Corporations legislation, as a territory law subject to the following modifications: (a) any modifications specified by or under the declaratory provision; Note The Co-operatives National Law (ACT), s 15 also modifies the applied provisions, including modifying references to ASIC and the gazette. (b) a reference to the Minister is a reference to the Minister administering the declaratory provision; (c) a reference to this jurisdiction is a reference to the ACT; (d) any other modifications that are necessary or prescribed by regulation, whether generally or in relation to a particular applied Corporations law. (2) Any power to make regulations under an Act containing a declaratory provision extends to the making of regulations specifying modifications for the purposes of this part. (3) Except as provided by subsection (1), definitions and other interpretation provisions of the Corporations legislation, or of the Act, regulations or other instrument forming part of the Corporations legislation, relevant to the applied Corporations law are taken also to apply to the matter that is the subject of the declaratory provision. (4) This section has effect subject to the following sections: (a) section 27 (Conferral of functions on ASIC); (b) section 28 (Conferral of functions on ACT courts);

Part 4 Application of Corporations Act Section 27 page 20 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) section 29 (Implied application of regulations and other provisions of Corporations legislation); (d) section 30 (Proceedings for offences). 27 Conferral of functions on ASIC (1) Neither a declaratory provision nor an applied Corporations law operates to confer a function on ASIC in relation to the applied Corporations law unless— (a) the declaratory provision provides for ASIC to exercise that function pursuant to an agreement or arrangement of the kind referred to in the Australian Securities and Investments Commission Act 2001 (Cwlth), section 11 (8) or (9A) (b) (Corporations legislation functions and powers and other functions and powers); and (b) ASIC is authorised to exercise that function under the Australian Securities and Investments Commission Act 2001 (Cwlth), section 11. (2) If a declaratory provision operates to confer a function on ASIC in relation to an applied Corporations law, the conferral of that function is taken not to impose a duty to exercise that function despite anything to the contrary in the applied Corporations law. 28 Conferral of functions on ACT courts An applied Corporations law that confers a function or duty on a court or on the Court is taken to confer that function or duty (along with the jurisdiction to exercise that function or duty) on the Supreme Court or such other court of the ACT specified by or under the declaratory provision.

Application of Corporations Act Part 4 Section 29 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Implied application of regulations and other provisions of Corporations legislation (1) Unless a declaratory provision provides otherwise, the following provisions of the Corporations legislation, or of an Act, regulation or other instrument forming part of the Corporations legislation, are also taken to apply to a matter that is the subject of a declaratory provision as if they were a territory law: (a) the provisions of any regulations made under the applied Corporations law; (b) any provision of the Corporations legislation, or of an Act, regulation or other instrument forming part of the Corporations legislation, that creates an offence in relation to a contravention of the applied Corporations law or specifies the penalty for an offence created by a provision of the applied Corporations law; (c) the provisions of the Corporations Act, part 9.4B (Civil consequences of contravening civil penalty provisions) for the purposes of any provision of the applied Corporations law that is a civil penalty provision within the meaning of that part. (2) The regulations may prescribe modifications (whether generally or in relation to a particular applied Corporations law) of any of the provisions that are also taken to apply to a matter by force of subsection (1) for the purposes of that application. 30 Proceedings for offences (1) Proceedings for an offence against an applied Corporations law may be dealt with as an offence against a territory law. (2) For the purposes of an offence against an applied Corporations law— (a) the amount of a penalty unit specified in relation to the offence by the applied Corporations law, or a provision taken by force of section 29 (1) to apply to the matter that is the subject of the declaratory provision, is $100; and

Part 4 Application of Corporations Act Section 31 page 22 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) territory laws apply in relation to the offence as if the applied Corporations law, or a provision taken by force of section 29 (1) to apply to the matter that is the subject of the declaratory provision, were a territory law. (3) Without limiting subsection (2) (b), the territory law referred to in that subsection as applying in relation to an offence include laws with respect to the following: (a) the investigation and prosecution of offences; (b) the arrest, custody, bail, trial, finding of guilt and conviction of persons charged with offences; (c) proceedings relating to a matter referred to in paragraph (a) or (b); (d) the classification of offences as indictable or summary; (e) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); (f) the sentencing, punishment and release of persons found guilty or convicted of offences; (g) fines, penalties and forfeitures; (h) confiscation of the proceeds of crime. 31 Application of Corporations legislation by other means Nothing in this part prevents a territory law from applying any provision of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, as a territory law otherwise than by means of a declaratory provision.

Miscellaneous Part 5 Section 32 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 32 Rules of co-operatives formed to carry on club may restrict voting rights (1) This section applies to a co-operative that has as a primary activity the operation, maintenance or carrying on of a club. (2) The rules of the co-operative may provide for different classes of membership, and restrict the voting rights attaching to membership of those different classes, only if— (a) the Registrar approves of the provision; and (b) the membership of the class or classes entitled to full voting rights constitutes at least 40% of the total membership of the co-operative. (3) A rules provision mentioned in subsection (2) may be amended only with the prior approval of the Registrar. 33 Proceeding for offences (1) A proceeding for an offence is to be disposed of summarily in the Magistrates Court. (2) A proceeding for an offence under the local application provisions of this Act may be commenced— (a) not later than 5 years after the alleged commission of the offence; and (b) only by the Registrar or a person authorised, in writing, by the Registrar to commence proceedings. Note The Co-operatives National Regulation (ACT), s 551 and s 552 deal with commencing proceedings for an offence under that Law or the Co-operatives National Regulations.

Part 5 Miscellaneous Section 34 page 24 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: offence means an offence under— (a) the local application provisions of this Act; or (b) the local regulations; or (c) the Co-operatives National Law (ACT); or (d) the Co-operatives National Regulation (ACT). 34 Proceeding for recovery of fines or penalties under co-operatives rules A proceeding for the recovery of a fine or penalty imposed by the rules of a co-operative may be commenced— (a) in the Magistrates Court; and (b) only on application by the co-operative. 35 Regulation-making power—local regulations (1) The Executive may make regulations (the local regulations) for— (a) the local application provisions of this Act; and (b) the Co-operatives National Law (ACT). (2) A regulation may make provision in relation to— (a) the administration of the Co-operatives National Law (ACT); and (b) procedural matters relating to any aspects of the Co-operatives National Law (ACT); and (c) without limiting paragraph (a) or (b), administrative matters relating to the supervision and inspection of co-operatives.

Miscellaneous Part 5 Section 35 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A regulation may create offences and fix maximum penalties for the offences of not more than the amount mentioned in the Co-operatives National Law (ACT), section 612 (5) (Power to make Co-operatives National Regulations).

Schedule 1 Modifications—Co-operatives National Law Modification [1.1AA] page 26 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Modifications—Co-operatives National Law (see s 7) [1.1AA] Section 4, new definition of disallowable instrument insert disallowable instrument—see the Legislation Act 2001 (ACT), section 9. [1.1] Section 15 (2) (f) substitute (f) a reference in the applied provisions to notification (however described) in the Gazette is to be read as a reference to notification under the Legislation Act; [1.1A] Section 26 (1) (b) (ii) substitute (ii) determined by the Minister by disallowable instrument; and [1.1B] Section 31 (b) (ii) substitute (ii) determined by the Minister by disallowable instrument; and [1.1C] Section 37 (b) (ii) substitute (ii) determined by the Minister by disallowable instrument; and

Modifications—Co-operatives National Law Schedule 1 Modification [1.1D] R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.1D] Section 57 (2) (b) omit (b) prescribed by the local regulations; for obtaining a copy of the rules from the Registrar. substitute (b) determined by the Minister by disallowable instrument; for obtaining a copy of the rules from the Registrar. [1.1E] Section 57 (3) (b) substitute (b) determined by the Minister by disallowable instrument. [1.2] Section 88 (1), penalty omit or imprisonment for 6 months, or both [1.3] Section 88 (2), penalty omit or imprisonment for 6 months, or both [1.4] Section 90 (1), penalty omit or imprisonment for 6 months, or both [1.5] Section 92 (1), penalty omit or imprisonment for 3 months, or both

Schedule 1 Modifications—Co-operatives National Law Modification [1.5A] page 28 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.5A] Section 92 (8) (b) substitute (b) determined by the Minister by disallowable instrument. [1.5B] New section 214 (1) (a) (v) insert (v) any disallowable instrument made under this Law; [1.5C] Section 214 (5) (b) substitute (b) determined by the Minister by disallowable instrument. [1.5D] Section 243 (2) (c) and note substitute (c) be accompanied by the filing fee: (i) prescribed by the National Regulations, unless subparagraph (ii) applies; or (ii) determined by the Minister by disallowable instrument. Note See section 444 (4) (a) regarding the period within which a special resolution must be filed with the Registrar in connection with the voluntary winding up of a co-operative. [1.6] Section 252 (1), penalty omit or imprisonment for 3 months, or both [1.7] Section 252 (2), penalty omit or imprisonment for 3 months, or both

Modifications—Co-operatives National Law Schedule 1 Modification [1.8] R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.8] Section 286 (4), penalty omit penalty units or imprisonment for 3 months, or both [1.9] Section 287 (1), penalty omit or imprisonment for 3 months, or both [1.10] Section 340 (1), penalty omit or imprisonment for 6 months, or both [1.11] Section 340 (2), penalty omit or imprisonment for 6 months, or both [1.12] Section 453 (e) omit (within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth) substitute (within the meaning of the Public Governance, Performance and Accountability Act 2013 (Cwlth)) [1.12A] Section 522 (4) (b) substitute (b) determined by the Minister by disallowable instrument.

Schedule 1 Modifications—Co-operatives National Law Modification [1.13] page 30 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.13] Section 570 substitute 570 Operation of Part—appeal means review A reference in this part to an appeal against a decision of the Registrar means a review of the decision. Note Decisions are reviewed under the ACT Civil and Administrative Tribunal Act 2008, pt 4A. [1.14] New section 578 (4) insert (4) In this section: rules of the designated tribunal means the ACT Civil and Administrative Tribunal Act 2008. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). [1.15] Section 601 (5), definition of prescribed fee, paragraph (b) substitute (b) determined by the Minister by disallowable instrument. [1.16] Section 604 (b) omit (ii) prescribed by the local regulations; has been paid. substitute (ii) determined by the Minister by disallowable instrument; has been paid.

Dictionary R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • auditor-general • commissioner for fair trading • commissioner for revenue • Corporations Act • director-general (see s 163) • disallowable instrument (see s 9) • instrument (see s 14) • integrity commission • magistrate • Minister (see s 162) • notifiable instrument (see s 10) • ombudsman • police officer • public employee • public servant • public trustee and guardian • Supreme Court • territory law • Treasurer. applied Corporations law, for part 4 (Application of Corporations Act)—see section 23. Co-operatives National Law means the Co-operatives National Law set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW).

Dictionary page 32 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Co-operatives National Law (ACT) means the provisions applying because of section 7 (1). Co-operatives National Regulation (ACT) means the provisions applying because of section 7 (2). Co-operatives National Regulations means the Co-operatives National Regulations made under the Co-operatives National Law. Corporations legislation, for part 4 (Application of Corporations Act)—see section 23. declaratory provision, for part 4 (Application of Corporations Act)— see section 23. local application provisions of this Act means the provisions of this Act other than— (a) the Co-operatives National Law (ACT); and (b) the modified text of the Co-operatives National Law (ACT) in schedule 1. local regulations—see section 35. matter, for part 4 (Application of Corporations Act)—see section 23. modification, for part 4 (Application of Corporations Act)—see section 23.

Endnotes About the endnotes 1 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 34 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Co-operatives National Law (ACT) Act 2017 A2017-8 notified LR 4 April 2017 s 1, s 2 commenced 4 April 2017 (LA s 75 (1)) remainder commenced 1 May 2017 (s 2) as amended by Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 4 notified LR 9 November 2017 s 1, s 2 commenced 9 November 2017 (LA s 75 (1)) pt 4 commenced 16 November 2017 (s 2 (1)) Integrity Commission Act 2018 A2018-52 sch 1 pt 1.3 (as am by A2019-18 s 4) notified LR 11 December 2018 s 1, s 2 commenced 11 December 2018 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 December 2019 (s 2 (2) (a) as am by A2019-18 s 4) Integrity Commission Amendment Act 2019 A2019-18 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) s 3, s 4 commenced 15 June 2019 (s 2 (1)) Note This Act only amends the Integrity Commission Act 2018 A2018-52. Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.41 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.41 commenced 6 December 2025 (s 2 (5))

Endnotes Amendment history 4 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Exclusion of Legislation Act s 8 am A2017-38 s 10; ss renum R2 LA Designated instrument—the Law, s 4 s 12 am A2025-29 amdt 4.41 Secrecy—the Law, s 537 s 17 am A2018-52 amdt 1.12; pars renum R3 LA Repeals and consequential amendments pt 6 hdg om LA s 89 (3) Legislation repealed s 36 om LA s 89 (3) Legislation amended—sch 2 s 37 om LA s 89 (3) Regulation-making power—local regulations s 35 am A2025-29 amdt 4.41 Transitional pt 10 hdg exp 1 May 2022 (s 58) Meaning of commencement day—pt 10 s 50 exp 1 May 2022 (s 58) Exclusion of Legislation Act—Co-operatives National Regulations s 51 exp 1 May 2022 (s 58) Saving of operation of Cooperatives Act 2002 s 52 exp 1 May 2022 (s 58) Registration of co-operatives s 53 exp 1 May 2022 (s 58) Minimum paid up amount of shares—the Law, s 78 (4) s 54 exp 1 May 2022 (s 58) Entitlements of former members of trading co-operatives—the Law, sch 3, s 1 s 55 exp 1 May 2022 (s 58) Entitlement to distribution from business or reserves of co-operative s 56 exp 1 May 2022 (s 58) Transitional regulations s 57 exp 1 May 2022 (s 58)

Endnotes 5 Earlier republications page 36 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 R5 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Expiry—pt 10 s 58 exp 1 May 2022 (s 58) Modifications—Co-operatives National Law sch 1 am A2017-38 ss 11-15; A2025-29 amdt 4.41 Consequential amendments sch 2 hdg om LA s 89 (3) Dictionary dict am A2018-52 amdt 1.13 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 May 2017 1 May 2017– 15 Nov 2017 not amended new Act R2 16 Nov 2017 16 Nov 2017– 30 Nov 2019 A2017-8 amendments by A2017-8 R3 1 Dec 2019 1 Dec 2019– 1 May 2022 A2019-18 amendments by A2018-52 as amended by A2019-18 R4 2 May 2022 2 May 2022– 5 Dec 2025 A2019-18 expiry of transitional provisions (pt 10)

Endnotes Expired transitional or validating provisions 6 R5 06/12/25 Co-operatives National Law (ACT) Act 2017 Effective: 06/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2025

The Act operates as a vehicle for territorial application of an external, comprehensive national statute, the Co-operatives National Law, and its Regulations. The primary concepts are importation, territorial modification, delegated administration, and selective incorporation of Corporations legislation.

Importation and local application: s 7 provides that the Co-operatives National Law in the NSW Act appendix applies to the ACT as a Territory law, subject to schedule 1 modifications. The Act thereby avoids reproducing the full national text and instead treats the national Law as if it were part of this Act. The Co-operatives National Regulations are applied in the same way (s 7(5)).

Modification and delegation: schedule 1 contains multiple express modifications, including the substitution of specific administrative mechanisms (for example, replacing references to Gazette notification with notification under the Legislation Act, schedule 1 [1.1]), and removing custodial penalties for specified offences (schedule 1 [1.2]-[1.11]). Several provisions originally intended to be prescribed by local regulation are replaced by Ministerial determinations by disallowable instrument (schedule 1 [1.1A], [1.1B], [1.1D], [1.5A], [1.5C], [1.15], [1.16]). The table of designated instruments in s 12 cross-references many powers and exemptions to either written order, notifiable instrument, or approved form.

Central administration and accountability: the registrar function is exercised by the commissioner for fair trading (s 19). The Act also designates the Registrar as the designated authority for a list of inspection and investigatory powers in the Law (s 11). Appeals against the Registrar are dealt with under the ACT administrative review framework, notably ACAT in respect of part 7.3 matters (s 13; schedule 1 [1.13]).

Interaction with Corporations law: part 4 provides a mechanism to declare that Corporations legislation (whole or in part) applies to a given matter as "applied Corporations law" (ss 23-26). Applied Corporations law is imported as territory law subject to modifications, including substitution of references to the ACT Minister and ACT courts (s 26). Crucially, s 27 prevents conferring functions on ASIC under applied Corporations law unless a special arrangement exists and ASIC is authorised to exercise the function under its Commonwealth Act.

Enforcement architecture: proceedings for offences under the local application provisions are to be commenced within five years and only by the Registrar or an authorised person (s 33). For applied Corporations law offences, s 30 prescribes that a penalty unit for those offences is $100 (s 30(2)(a)), and that Territory procedures for criminal justice apply to enforcement (s 30(2)(b), (3)). Pecuniary penalty orders are civil debts owed to the Territory (s 18). Officials acting honestly and without recklessness are immune from personal civil liability for functions under the law, with liability instead attaching to the Territory (s 20).

Administrative discretions and exemptions: the designated instruments table (s 12) and schedule 1 list numerous cases where exemptions from various requirements, approvals, or fees are to be granted by written order or notifiable instrument, or are determined by the Minister. Examples include exemptions from auditing and accounting provisions (s 12 items 9-12), approval for omitting "Limited" from a name (s 12 item 7), and approval for restricting voting classes in club co-operatives (s 32). The Registrar must approve class-based voting restrictions for co-operatives formed to carry on a club and ensure at least 40 per cent of members retain full voting rights (s 32(2)-(3)).

Procedural and fiscal adjustments: the Act adapts Commonwealth-oriented references in the Corporations Act and related provisions to Territory equivalents where necessary, such as treating references to the Commonwealth in Corporations Act s 601AD, 601AE and 601AF as references to the Territory for deregistration consequences (s 15). It also prescribes treatment for unclaimed property and directs payments to the public trustee and guardian (s 14).

The Act and the Co-operatives National Law (ACT) affect several distinct groups and public actors, with different duties and exposure.

Co-operatives: primary subjects of the national Law are co-operatives formed or operating in the ACT. They must comply with the Co-operatives National Law as it applies in the Territory (s 7(1)), subject to schedule 1 modifications. Co-operatives that are club-focused face additional constraints: rules may provide for different classes of membership only with prior Registrar approval, and classes entitled to full voting rights must constitute at least 40 per cent of total membership (s 32(1)-(3)). Co-operatives undergoing mergers, transfers of engagements, or transfers of incorporation interact with a set of territory-specific rules: stamp duty adjustments (s 21) and fee exemptions for registration of instruments relating to transfers (s 22).

Members and prospective members: members face rule constraints,particularly in club co-operatives,because the Registrar must approve voting-class arrangements and any amendments to such rules (s 32(2)-(3)). Members are also affected by procedural requirements such as filing special resolutions with the Registrar; schedule 1 modifies fee-setting mechanisms associated with such filings (schedule 1 [1.5D]).

Directors, officers, auditors and professional advisors: the applied Co-operatives National Law contains duties and prohibitions that govern officers and auditors; the Act designates modifications and potential exemptions (s 12 items 9-12 provide for exemptions from accounting and auditing provisions by written order or notifiable instrument). The Registrar and Minister can grant exemptions that alter fiduciary or regulatory obligations in specific cases, which professionals will need to monitor.

Registrar and executive agents: the Commissioner for Fair Trading is designated as the Registrar and is empowered to exercise investigatory and regulatory functions (s 19, s 11). The Registrar controls enforcement prosecution rights (s 33(2)(b)), approvals and exemptions (s 12, schedule 1), and is the primary administrative interface for co-operatives.

Territory government and Minister: the Executive (the Minister) acquires a range of delegated powers, including the ability to determine fees and other matters by disallowable instrument (schedule 1 [1.1A], [1.1B], [1.1D], [1.5A], [1.5C], [1.15], [1.16]; s 35 for making local regulations). The Minister’s use of disallowable instruments places decision-making powers within the executive but subject to the Legislation Act’s disallowance apparatus where schedule 1 indicates (see s 8(2)-(3) and schedule 1).

Judiciary and tribunals: enforcement proceedings typically sit in the Magistrates Court and are to be disposed of summarily (s 33(1)). Appeals and reviews in relation to part 7.3 are to the ACAT (s 13(1)(a)); schedule 1 [1.13] redefines appeal as review, anchoring rights of review in the ACAT framework.

Government finances: pecuniary penalty orders are treated as civil debts owed to the Territory (s 18), so enforcement yields revenue for the Territory. Official immunity provisions (s 20) redirect potential civil liabilities from officials to the Territory, exposing the Territory’s finances to compensation or costs that would otherwise land on individuals.

Other public entities: secrecy provisions permit disclosure of information obtained under the Law to several named public officers and agencies, including the Treasurer, commissioner for revenue, auditor-general, ombudsman and integrity commission (s 17(1)). That creates entitlements for these agencies to receive information relevant to their functions.

Third parties and private enforcement: private persons do not generally have standing to commence criminal proceedings under the local application provisions; prosecution rights are centralised with the Registrar or a person authorised in writing by the Registrar (s 33(2)(b)). Recovery of fines or penalties imposed under co-operative rules can be pursued in the Magistrates Court but only on application by the co-operative (s 34). These provisions limit private enforcement and constrain stakeholder-driven litigation.

Duties under the applied national Law as modified: co-operatives must comply with the substantive obligations of the Co-operatives National Law as applied by s 7(1) and schedule 1 modifications. Those obligations cover corporate governance, disclosure, financial reporting and other operational requirements contained in the national Law; the Act’s local application provisions and schedule 1 determine how those obligations operate in the Territory (s 7, schedule 1).

Registrar duties and powers: the Registrar (commissioner for fair trading) exercises functions listed in s 11, including appointment of inspectors (s 11(1)(b) referencing Law s 492), issuing inspector identity cards (s 11(1)(c) referencing Law s 494), appointing investigators (s 11(1)(d) referencing Law s 520), inspection of registers (s 11(1)(e) referencing Law s 601), and approval of forms (s 11(1)(f) referencing Law s 622). The Registrar also has prosecutorial control: only the Registrar or persons authorised by the Registrar may commence proceedings for offences under the local application provisions (s 33(2)(b)).

Right of review and appeal: for reviews specified in the Law, the designated tribunal is ACAT for part 7.3 appeals and the Magistrates Court for other provisions (s 13). Schedule 1 substitutes a definition so that part 7’s “appeal” is to be read as a review under the ACAT Act (schedule 1 [1.13]). The Magistrates Court can transfer proceedings to the Supreme Court where a matter raises complexity or general importance, or reserve questions of law for the Supreme Court (s 13(2)-(3)). Thus parties have an administrative review route and limited judicial review pathways.

Duty to pay pecuniary penalties: pecuniary penalties ordered in the ACT are civil debts owed to the Territory and recoverable accordingly (s 18). The note to s 18 points to recovery as a debt in a court of competent jurisdiction or in ACAT (Legislation Act, s 177 reference).

Officer protection and substitution of liability: officials acting honestly and without recklessness are not personally civilly liable for conduct performed in the exercise of a function under this Act or the applied Law; any civil liability instead attaches to the Territory (s 20(1)-(2)). This is an express statutory indemnity that shifts civil exposure from individuals to the public purse.

Obligations on disclosure and secrecy: s 17 modifies the Law’s secrecy regime to permit divulging information to a defined set of public entities, including the Treasurer and the commissioner for revenue (s 17(1)). That provision creates duties for regulators and investigators to manage information flows and signals limited confidentiality in enforcement contexts.

Procedural rights in prosecutions: proceedings for offences are to be disposed of summarily in the Magistrates Court (s 33(1)). For offences under applied Corporations law, Territory law applies for procedural matters such as arrest, custody, bail, trial and sentencing (s 30(2)-(3)). Penalty unit valuation for applied Corporations law offences is fixed at $100 (s 30(2)(a)), while the general republished penalties for offences against this Act are given in the republication header (penalty unit for an offence against this law at the republication date is $160 for an individual and $810 for a corporation).

Rights to exemptions and ministerial determinations: multiple provisions allow the Minister or Registrar to grant written orders, notifiable instruments or approvals that exempt or vary strict requirements of the applied Law (s 12; schedule 1). For example, exemptions from auditing requirements and permissions to omit “Limited” from a name require specific designated instruments (s 12 items 9-11, item 7).

Limits on regulatory delegation to ASIC: s 27 preserves the Territory’s control over conferring functions on ASIC, by requiring that any such conferral be provided for by the declaratory provision and be exercised by ASIC pursuant to an agreement under the Commonwealth ASIC Act, and only where ASIC is authorised under that Act. This is a procedural guard against automatic delegation of Territory functions to a Commonwealth regulator.

Filing and fee obligations: schedule 1 modifies fee-setting mechanisms so that certain filing fees and prescribed fees may be determined by Ministerial disallowable instrument rather than by local regulation (schedule 1 [1.5D], [1.15], [1.16]). Co-operatives need to monitor both National Regulations and Ministerial instruments for fee obligations.

Sanction framework adapted to Territory practice: the Act imports the Co-operatives National Law and Regulations but modifies how penalties are applied and enforced in the ACT. For offences under applied Corporations law, s 30(2)(a) fixes the penalty unit at $100 for the purposes of those offences. The republication header (penalties) identifies the penalty unit value for offences against this Act as $160 for an individual and $810 for a corporation at the republication date; that valuation applies to offences against the Act itself and to specified local application matters.

Removal of custodial penalties: schedule 1 removes imprisonment alternatives for a series of offences by omitting references to imprisonment in multiple specified sections (schedule 1 [1.2]-[1.11]). Those modifications alter the sanction mix for breaches from potential imprisonment to only monetary or other specified penalties under the applied Law as modified.

Who prosecutes and time limits: criminal or summary proceedings for offences under the local application provisions are to be disposed of summarily in the Magistrates Court (s 33(1)). Proceedings may be commenced not later than five years after the alleged commission of the offence (s 33(2)(a)), and may be commenced only by the Registrar or a person authorised in writing by the Registrar (s 33(2)(b)). The Registrar therefore centralises prosecutorial discretion, with implications for enforcement incentives and resource allocation.

Pecuniary penalty enforcement and recovery: a pecuniary penalty ordered to be paid in the ACT is to be paid and treated as a civil debt owed to the Territory (s 18). The Act explicitly treats such amounts as recoverable as a debt in an appropriate court or ACAT under the Legislation Act (s 18 note). That converts regulatory fines into enforceable civil claims for the Territory rather than purely penal sanctions, establishing clear recovery mechanisms.

Official immunity and fiscal substitution: s 20 protects officials from personal civil liability when acting honestly and without recklessness; instead, the Territory is liable for the civil liability that would otherwise attach to the official. This has enforcement implications for defendants seeking compensation or civil remedies against officials, who must pursue the Territory.

Designated investigatory powers and warrants: s 11 designates the Registrar as the designated authority for inspector and investigator appointments under specific sections of the applied Law (Law ss 492, 494, 520, 601, 622), while s 12 designates certain instruments for specified powers and exemptions. Magistrates are designated authorities for warrants (s 11(2) referencing Law ss 504-505). These designations determine who issues investigators and who authorises search warrants, and they shape operational enforcement.

Offences created by local regulations: s 35(3) permits local regulations to create offences and fix maximum penalties, subject to the cap mentioned in Co-operatives National Law, s 612(5). The Act therefore leaves space for locally specific regulatory offences within statutory caps.

Procedural alignment for applied Corporations laws: s 29(1)(b) takes to apply provisions of Corporations legislation that create offences or specify penalties in relation to the applied Corporations law. Section 30 makes Territory procedural criminal law apply for such offences, meaning Territory arrest, bail, trial and sentencing procedures govern enforcement for applied Corporations law contraventions.

Interaction with the Co-operatives National Law and NSW amendments: s 7 imports the Co-operatives National Law from the NSW Act as the operative instrument in the ACT. The Act establishes an inter-parliamentary check: where the NSW Parliament passes an amending law to the appended Co-operatives National Law after the ACT’s notification day, that amending law must be presented to the ACT Legislative Assembly within six sitting days (s 7(2)). The Assembly may disallow the amending law in the same way it may disallow a disallowable instrument (s 7(3)). If the Assembly does not present the amending law within the required period or disallows it, the amendments are treated as not included in the Co-operatives National Law as applied in the ACT (s 7(4)). This mechanism imports the national Law while preserving an avenue for the Territory to reject subsequent NSW amendments.

Exclusion and partial application of the Legislation Act: the Legislation Act is excluded from applying to the Co-operatives National Law (s 8(1)). However, chapter 7 of the Legislation Act, which deals with presentation, amendment and disallowance of subordinate laws and disallowable instruments, is applied to the Co-operatives National Regulation (ACT) and to specified modifications (s 8(2)-(3)). The effect is to treat certain instrument and disallowance procedures under the Legislation Act as applicable, while removing general Legislation Act application to the imported Law.

Applied Corporations legislation: part 4 creates a framework to apply Corporations legislation (or specified parts) to a matter as applied Corporations law (ss 23-26). Applied provisions are subject to the specified modifications in s 26, including substituting references to the ACT Minister and jurisdiction (s 26(1)(b)-(c)). Section 27 limits any conferral of functions on ASIC, requiring express provision and an arrangement consistent with the Australian Securities and Investments Commission Act 2001 (Cwlth). Section 28 treats conferral of functions on courts under applied Corporations law as conferring those functions on ACT courts, notably the Supreme Court, or other courts specified under the declaratory provision.

Adjustment of Commonwealth-referenced provisions: where the Co-operatives National Law cross-refers to Commonwealth frameworks, the Act substitutes Territory equivalents in certain areas. For example, for deregistration consequences in Law s 453, references in the Corporations Act to the Commonwealth are read as references to the Territory for specified sections (s 15(1)). For unclaimed property (Law s 436), the Act substitutes provisions equivalent to Corporations Act s 1341 to require payment to the public trustee and guardian (s 14). For costs of inquiry, the prescribed entity is the Territory (s 16). These substitutions adapt Commonwealth-oriented provisions to a Territory operational context.

Secrecy and information sharing with other Territory agencies: s 17 amends the secrecy provisions (Law s 537) to permit disclosure to the Treasurer, commissioner for revenue, auditor-general, ombudsman and integrity commission, plus a person nominated by any of those officers. That creates a legal information-sharing pathway between cooperative regulators and other Territory oversight and fiscal agencies.

Interaction with local regulations: s 35 empowers the Executive to make local regulations for the local application provisions and the Co-operatives National Law (ACT). The regulations may cover administration, procedural matters and the supervision and inspection of co-operatives (s 35(2)). Section 35(3) permits the regulations to create offences within the cap in the Co-operatives National Law s 612(5). But schedule 1 modifies a number of matters that might otherwise have been left for local regulations to the Minister by disallowable instrument, altering the balance between delegated regulation and instruments subject to parliamentary oversight (see schedule 1 modifications).

Statutory indemnity and liability substitution: s 20’s provision making the Territory liable for civil liabilities that would otherwise attach to officials interacts with general Territory financial management regimes and potentially with the Public Governance, Performance and Accountability Act references introduced in schedule 1 [1.12] adjustments. The effect is to place civil exposure arising from regulatory action onto government accounts.

Compatibility with criminal law and procedure: s 6 brings offences under this Act within the scope of the ACT Criminal Code chapter 2, which supplies general criminal responsibility, burdens of proof and defences. For applied Corporations law offences, s 30(3) prescribes that Territory criminal procedural law applies, ensuring consistency with local arrest, custody and sentencing systems.

The Act was notified on 4 April 2017 and commenced in stages: sections 1 and 2 on 4 April 2017 and the remainder on 1 May 2017 (legislation history, endnote 3). It has been amended since, including by the Justice and Community Safety Legislation Amendment Act 2017 (A2017-38) and subsequent Integrity Commission-related amendments (A2018-52 and A2019-18). The Statute Law Amendment Act 2025 (A2025-29) further amended schedule 1 provisions and s 12 (designated instrument) (endnote 3; amendment history, endnote 4).

Key modification tracks in schedule 1: schedule 1 has been updated to introduce multiple Territory-specific modifications to the imported national Law. Recent amendments in 2025 adjusted the delegation and instrument-making text, adding or substituting Ministerial determination by disallowable instrument in a number of places (schedule 1 [1.1A], [1.1B], [1.1C], [1.1D], [1.5A], [1.5C], [1.12A], [1.15], [1.16]). Schedule 1 also replaced certain penalty prescriptions to omit imprisonment and make offences subject to monetary penalties only for listed sections (schedule 1 [1.2]-[1.11]).

Transitional and expiry notes: the Act originally included transitional provisions in part 10, several of which expired on 1 May 2022 (amendment history). Expired transitional provisions were removed from the republished law and are recorded in the endnotes; the legislation history and amendment history identify those expiries (endnotes 3-6).

Legislative drafting and editorial changes: the republished law contains editorial changes made under the Legislation Act 2001, part 11.3. The republication notes at the front explain that editorial amendments have been made to bring the law into line with drafting practice; such changes do not alter the substantive effect but are treated as commencing on the republication date (front matter).

Modification of penalty and procedural provisions: schedule 1 edits to remove imprisonment from defined sections and to convert various "prescribed by local regulation" items into Ministerial determinations represent a clear amendment trend favouring administrative instruments and monetary penalties. These schedule 1 changes were made by legislative amendments referenced in the amendment history, most recently A2025-29 (endnote 4).

Notification and presentation mechanics for NSW amendments: s 7(2) and (3) were enacted to require that amendments to the national Law made by the NSW Parliament after the ACT’s notification day be presented to the ACT Legislative Assembly, with the Assembly able to disallow such amendments. That mechanism was included in the original Act and continues to govern the inter-jurisdictional relationship.

The republished text provides no case law or judicial decisions. The Act itself does not cite or name any cases. The schedule 1 modification replacing "appeal" with "review" (schedule 1 [1.13]) indicates an express policy preference for ACAT review pathways rather than judicial appeals in the first instance, but the Act does not offer litigation history or judicial construction. Parties seeking to litigate issues under the applied Co-operatives National Law (ACT) should note the statutory routes for review (ACAT) and the Magistrates Court’s authority to transfer complex matters to the Supreme Court or reserve questions of law (s 13(2)-(3)). The Act’s centralisation of prosecutorial authority with the Registrar (s 33) and conversion of pecuniary penalties to civil debts (s 18) also creates predictable procedural postures for enforcement litigation. For precedent and interpretation, practitioners must look to decisions under analogous national Law applications and ACT administrative law independently, as the Act does not itself report cases.

Note on appeals and judicial review: schedule 1 substitutes the operation of part 7 so that "appeal" is to be read as "review" and references the ACAT Act for rules of the designated tribunal (schedule 1 [1.13], [1.14]). The Magistrates Court retains an ability to transfer proceedings to the Supreme Court or reserve questions of law (s 13). These procedural design choices will structure the early stages of any litigation but the Act contains no reported decisions to guide statutory construction.

Imported law subject to NSW amendments unless acted upon: s 7 imports the Co-operatives National Law from the NSW Act appendix and contemplates that NSW Parliament amendments will automatically apply unless presented to the ACT Legislative Assembly and disallowed within specified timeframes (s 7(2)-(4)). This creates a risk that the ACT may adopt a NSW amendment unintentionally if parliamentary timeframes are missed, or conversely that the ACT may operate on a different text to NSW if it disallows an amendment. Practitioners should monitor NSW legislative changes and the ACT presentation/disallowance steps.

Legislation Act largely excluded: s 8 excludes the Legislation Act from applying to the Co-operatives National Law (ACT). This means standard Legislation Act processes will not uniformly apply, although chapter 7 and part 6.3 of the Legislation Act are applied in limited respects to the Co-operatives National Regulation (ACT) and certain schedule 1 modifications (s 8(2)-(3)). The practical consequence is that some legislative scrutiny and standard subordinate law processes may not operate in the conventional way, requiring attention to the specific cross-application provisions.

Ministerial determinations replace regulatory prescription in multiple places: schedule 1 replaces several instances where matters were to be prescribed by local regulation with provisions to be "determined by the Minister by disallowable instrument" (see schedule 1 [1.1A], [1.1B], [1.1D], [1.5A], [1.5C], [1.15], [1.16]). That moves decision-making into a class of instruments that are subject to parliamentary disallowance but are not standard regulations. Users must track both the National Regulations and Ministerial disallowable instruments for operative requirements.

Centralised prosecutorial control: only the Registrar or a person authorised in writing by the Registrar may commence proceedings for offences under the local application provisions (s 33(2)(b)). This prevents private prosecutions and concentrates enforcement power, potentially leaving stakeholders dependent on the Registrar’s discretion to pursue contraventions.

Pecuniary penalties treated as civil debts and official immunity: pecuniary penalties ordered in the ACT are civil debts owed to the Territory (s 18), and officials acting honestly and without recklessness are insulated from personal civil liability with the Territory substituting as the liable party (s 20). For claimants seeking civil remedies against officials or for enforcement of regulatory liabilities, these provisions change the identity of the obligor and may affect recovery prospects.

Discrepancy in penalty unit valuations: the Act sets a $100 penalty unit for applied Corporations law offences (s 30(2)(a)), while the republication header lists the ACT penalty unit value for offences against this Act as $160 for an individual and $810 for a corporation. This means the effective monetary penalty for a contravention may depend on whether it is prosecuted under applied Corporations provisions or under other provisions of the Act, creating complexity in penalty calculations and advising clients.

Rule amendment restrictions for club co-operatives: co-operatives whose primary activity is carrying on a club may only provide for restricted voting classes with Registrar approval, and classes entitled to full voting rights must make up at least 40 per cent of members (s 32(2)). Any amendment of such rules requires prior Registrar approval (s 32(3)). This can constrain membership structuring and affect financing arrangements that rely on class voting differentiation.

Shifts from incarceration to monetary sanctions: schedule 1 omits imprisonment for a range of offences (schedule 1 [1.2]-[1.11]). Practitioners who rely on custodial penalties as leverage in settlements or enforcement may find the enforcement toolkit altered to monetary sanctions and administrative consequences instead.

Exemptions and approvals by varied instruments: s 12’s table and schedule 1 designate a mix of written orders, notifiable instruments and approved forms to administer exemptions and approvals across many areas (s 12; schedule 1). The multiplicity of instrument types produces administrative complexity for compliance teams, who must check not just regulations but multiple classes of subordinate instruments held by the Registrar or Minister.

Establish the applicable Law and instrument track: confirm which version of the Co-operatives National Law as set out in the NSW Act appendix applies to the ACT, and track any NSW amendments that are presented to the ACT Legislative Assembly for potential disallowance under s 7(2)-(4). Practitioners should maintain a register of relevant National Regulations and local modifications in schedule 1 to ensure the ACT-applied text is the one relied on for compliance advice.

Engage with the Registrar and Ministerial instruments: many approvals, exemptions and fees are subject to designated instruments,either written orders, notifiable instruments or instruments determined by the Minister by disallowable instrument (s 12; schedule 1). Identify which co-operative activities might require Registrar approval (for example, club voting class arrangements under s 32) or Ministerial determination (for fees, filing charges and certain exemptions per schedule 1). Subscribe to the Registrar’s publication channels and the ACT legislation register to capture published disallowable instruments and notifiable instruments promptly.

Document authorisations and prosecutorial exposure: note that only the Registrar or an authorised person may commence proceedings for offences under the local application provisions (s 33(2)(b)). Co-operatives and advisers should ensure that any internal compliance complaints or referrals to the Registrar are documented and that the cooperative maintains records that would be relevant in any subsequent investigation or prosecution. Maintain a clear record trail for compliance actions and for interactions with inspectors or investigators appointed through the Registrar’s processes (s 11 referencing Law ss 492, 520).

Monitor exemptions from accounting and audit rules: schedule 1 and s 12 provide for exemptions from accounting and auditing requirements by written order or notifiable instrument (s 12 items 9-12). If seeking an exemption (for example, on the basis of size or membership composition), prepare the governance and financial material the Registrar or Minister will require and anticipate that exemptions will be by instrument subject to disallowance or publication formalities.

Prepare for administrative inspections and warrants: the Registrar is the designated authority for inspection of registers and appointment of inspectors (s 11). Magistrates are designated authorities for warrants (s 11(2)). Cooperatives should ensure records are accessible, maintain an audit trail for requests for information, and have processes in place to respond to inspector requests or warrants in compliance with the national Law’s investigatory powers as adapted by the ACT.

Understand pecuniary penalty exposure and treasury recovery: pecuniary penalties ordered in the ACT are civil debts owed to the Territory (s 18). Co-operatives should budget for potential civil debt exposure and understand resulting enforcement processes. Where penalties are charged, advise clients that enforcement will be pursued as civil recovery to the Territory rather than as a purely penal matter.

Review officer indemnities and insurance cover: s 20 substitutes the Territory’s liability for civil liability that would otherwise attach to officials acting honestly and without recklessness. Review directors and officers insurance arrangements and consider how indemnities and insurance interplay with the statutory liability substitution. Ensure that governance policies address the standard of care (honesty and absence of recklessness) for protected conduct.

Address club co-operative voting class design early: for co-operatives formed to operate a club, ensure any proposed differential voting class structure satisfies s 32 criteria: Registrar approval and a composition where at least 40 per cent of members have full voting rights. Seek Registrar approval prior to rule adoption and document membership composition to demonstrate compliance, and set expectations with members about constraints on future rule amendments (s 32(2)-(3)).

Align with Corporations law where applicable: if the co-operative’s activities trigger applied Corporations law under part 4, identify which Corporations provisions are to be applied and the modifications required by s 26. For applied Corporations law offences, note that penalty units are fixed at $100 (s 30(2)(a)) and Territory criminal procedural law applies (s 30(2)(b), (3)). Coordinate corporate secretarial practices, financial reporting and audit processes with the applicable Corporations provisions as modified.

Track fees, filing deadlines and special resolutions: schedule 1 modifies how certain filing fees and prescribed fees are set, making some fees determinable by the Minister by disallowable instrument (schedule 1 [1.5D], [1.15], [1.16]). Ensure the co-operative knows the correct filing fee for special resolutions, the timeframe for filing, and the instrument by which the fee is set. Implement calendar reminders for statutory filings and maintain backup documentation for fee payments.

Plan for dispute resolution and review pathways: set internal escalation processes that anticipate ACAT review routes for appeals under part 7.3 and Magistrates Court processes for other proceedings, with the option of transfer to the Supreme Court for complex matters (s 13). Ensure governance documents and minutes record decisions that might later be material to administrative or judicial review.

Review reporting and disclosure obligations: the secrecy and disclosure provisions in s 17 allow information to be shared with revenue, audit and integrity bodies. Co-operatives should adopt compliant record-keeping practices, robust data security around sensitive documents, and processes for responding to disclosure requests from the Registrar or permitted public officials.

Maintain active monitoring for instrument changes: the operative requirements and fees in the ACT environment will be set out across multiple instrument types: National Regulations, local regulations where applicable, notifiable instruments and Ministerial disallowable instruments. Establish a monitoring routine to capture and act on such instruments rapidly, and subscribe to the ACT legislation register and the Registrar’s notices.

Engage specialist advice where exemptions or transfers are contemplated: mergers, transfers of engagements, transfers of incorporation and applications for exemption from audit or disclosure requirements involve overlapping provisions of the Co-operatives National Law and the modified ACT text (see s 21-22, schedule 1 items). Obtain targeted legal, accounting and stamp duty advice early in the transaction pathway to ensure compliance with registration, fee and stamp duty adjustments under s 21 and the waiver of registration fees in s 22.

Co-operatives National Law (ACT) Act 2017

Plain English Summary

Deep Dive

What it does

Current sections

Co-operatives National Law (ACT) Act 2017

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply