Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Co-operatives National Law (ACT)
Regulation 2017
SL2017-11
made under the
Co-operatives National Law (ACT) Act 2017
Republication No 2
Effective: 16 November 2017
Republication date: 16 November 2017
Last amendment made by A2017-38
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) Regulation 2017, made under
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 16 November 2017. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
16 November 2017.
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 does not include 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 $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Co-operatives National Law (ACT)
Regulation 2017
made under the
Co-operatives National Law (ACT) Act 2017
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Unsuitable names for co-operatives—the Law, s 220 (5),
the regulation, reg 3.7 2
6 Exemption from restriction on corporations registering name including
word ‘co-operative’ or similar words—the Law, s 220 (7) 3
7 Exemption from restriction on use of word ‘co-operative’ or similar
words—the Law, s 225 (2) 4
8 Application for transfer—the Law, s 403 (b) 4
9 Procedures regarding giving of exemptions—the Law, s 621 5
10 Co-operatives may continue to operate under old rules 5
Contents
Page
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 10
5 Earlier republications 10
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Australian Capital Territory
Co-operatives National Law (ACT)
Regulation 2017
made under the
Co-operatives National Law (ACT) Act 2017
Section 1
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1 Name of regulation
This regulation is the Co-operatives National Law (ACT)
Regulation 2017.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
5 Unsuitable names for co-operatives—the Law, s 220 (5),
the regulation, reg 3.7
For the Co-operatives National Law (ACT), section 220 (5) (Name
to include certain matter) and the Co-operatives National
Regulation (ACT), regulation 3.7 (Unsuitable names for
co-operatives), a name is unsuitable if the Registrar is satisfied that
it is likely to mislead.
Section 6
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6 Exemption from restriction on corporations registering
name including word ‘co-operative’ or similar words—
the Law, s 220 (7)
For the Co-operatives National Law (ACT), section 220 (7), a
corporation is exempt from that Law, section 220 (4) if the
corporation is—
(a) a company that is permitted to use the expression ‘building
society’, ‘credit union’ or ‘credit society’ under the Banking
Act 1959 (Cwlth), section 66 (Restriction on use of certain
words and expressions); or
(b) a company that is a friendly society under the Life Insurance
Act 1995 (Cwlth), section 16C (What is a friendly society?); or
(c) a company or society formed or incorporated under an Act
before 5 June 2003; or
Note 5 June 2003 is the day the Cooperatives Act 2002 commenced.
(d) allowed under an Act to use any of the following words in its
name:
(i) ‘co-operative’;
(ii) ‘co-op’;
(iii) ‘cooperative’;
(iv) ‘coop’; or
(e) exempted, in writing, by the Registrar from the operation of the
Co-operatives National Law (ACT), section 220 (4).
Section 7
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7 Exemption from restriction on use of word ‘co-operative’
or similar words—the Law, s 225 (2)
For the Co-operatives National Law (ACT), section 225 (2), a
person is exempt from that Law, section 225 (1) if the person is—
(a) a company that is permitted to use the expression ‘building
society’, ‘credit union’ or ‘credit society’ under the Banking
Act 1959 (Cwlth), section 66 (Restriction on use of certain
words and expressions); or
(b) a company that is a friendly society under the Life Insurance
Act 1995 (Cwlth), section 16C (What is a friendly society?); or
(c) a company or society formed or incorporated under an Act
before 5 June 2003; or
Note 5 June 2003 is the day the Cooperatives Act 2002 commenced.
(d) allowed under an Act to use any of the following words in its
name:
(i) ‘co-operative’;
(ii) ‘co-op’;
(iii) ‘cooperative’;
(iv) ‘coop’; or
(e) exempted, in writing, by the Registrar from the operation of the
Co-operatives National Law (ACT), section 225 (1).
8 Application for transfer—the Law, s 403 (b)
For the Co-operatives National Law (ACT), section 403 (b)
(Application for transfer) the following legislation is prescribed:
(a) the Associations Incorporation Act 1991;
(b) the Corporations (Aboriginal and Torres Strait Islander)
Act 2006 (Cwlth);
Section 9
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(c) any legislation of the Commonwealth that provides for the
incorporation of a building society, credit union or friendly
society.
9 Procedures regarding giving of exemptions—
the Law, s 621
For the Co-operatives National Law (ACT), section 621 (Procedures
regarding giving of exemptions) an application for an exemption
must be made—
(a) in writing; and
(b) a reasonable time before the event, or the occurrence of the
matter, for which the exemption is sought.
10 Co-operatives may continue to operate under old rules
(1) A co-operative may continue to operate under the rules applying to
the co-operative that were in force immediately before the
commencement of the Act, section 3 (the old rules).
(2) However, if a co-operative is operating under the old rules—
(a) if there is an inconsistency between a provision of the old rules
and a provision of the new law, the provision of the new law
prevails; and
(b) a reference in the old rules to a requirement in the
Cooperatives Act 2002 or the Cooperatives Regulation 2003
(a former requirement) is to be read as a reference to the
requirement in the new law that substantially corresponds to
the former requirement; and
Section 10
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(c) a reference in the old rules to—
(i) a trading cooperative is to be read as a reference to a
distributing co-operative; and
(ii) a non-trading cooperative is to be read as a reference to a
non-distributing co-operative.
(3) In this section:
new law means the following:
(a) the Act;
(b) this regulation;
(c) the Co-operatives National Law (ACT);
(d) the Co-operatives National Regulation (ACT).
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
corporation
Co-operatives National Law (ACT)
Co-operatives National Regulation (ACT)
GST
person (see s 160).
Note 3 Terms used in this regulation have the same meaning that they have in
the Co-operatives National Law (ACT) Act 2017 (see Legislation Act,
s 148). For example, the following term is defined in the Co-operatives
National Law (ACT) Act 2017, s 9:
Registrar.
Endnotes
1 About the endnotes
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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
Legislation history 3
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3 Legislation history
Co-operatives National Law (ACT) Regulation 2017 SL2017-11
notified LR 28 April 2017
s 1, s 2 commenced 28 April 2017 (LA s 75 (1))
remainder commenced 1 May 2017 (s 2 and see Co-operatives
National Law (ACT) Act 2017 A2017-8 s 2)
as amended by
Justice and Community Safety Legislation Amendment
Act 2017 (No 3) A2017-38 pt 5
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 5 commenced 16 November 2017 (s 2 (1))