Co-operatives National Law Application Act 2013

Schedule 1—Designated instrument 27

Schedule 2—Consequential amendments 31

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Endnotes 35

1 General information 35

2 Table of Amendments 37

3 Amendments Not in Operation 38

4 Explanatory details 39

Annexure 40

Version No. 004

Co-operatives National Law Application Act 2013

No. 9 of 2013

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to provide for the application of a national law relating to the formation, registration and operation of co-operatives; and

(b) to repeal the Co-operatives Act 1996 and to make related amendments to other Acts.

This Act comes into operation on a day or days to be proclaimed.

(1) In this Act—

Co-operatives National Law (Victoria) means the provisions applying in relation to this jurisdiction because of section 4(1);

Co-operatives National Regulations means the Co-operative National Regulations made under the Co-operatives National Law;

Co-operatives National Regulations (Victoria) means the provisions applying in relation to this jurisdiction because of section 4(2);

local regulations means the regulations made under section 28 or 29;

Registrar means the Registrar of Co-operatives referred to in section 21;

this jurisdiction means the State of Victoria.

(2) Terms used in this Act and also in the Co‑operatives National Law have the same meanings in this Act as they have in that Law.

Part 2—Application of Co-operatives National Law and Co‑operatives National Regulations

4 Application of Co-operatives National Law and Co‑operatives National Regulations

(1) The Co-operatives National Law, as in force from time to time, set out in the Appendix to the Co‑operatives (Adoption of National Law) Act 2012 of New South Wales—

(a) subject to section 6, applies as a law of this jurisdiction; and

(b) as so applying, may be referred to as the Co‑operatives National Law (Victoria); and

(c) as so applying has effect as if it were an Act.

(2) The Co-operatives National Regulations, as in force from time to time—

(a) apply as National Regulations in force for the purposes of the Co-operatives National Law (Victoria), subject to modifications prescribed by the local regulations; and

(b) as so applying may be referred to as the Co‑operatives National Regulations (Victoria).

The Co-operatives National Regulations as in force from time to time apply by virtue of this provision as National Regulations for the purposes of the Co-operatives National Law (Victoria). The regulations as so applying and referred to as the Co-operatives National Regulations (Victoria) are interpreted in accordance with that Law (and see in particular clauses 15 and 37 of Schedule 4 to that Law).

In the Co-operatives National Law (Victoria)—

S. 5 def. of police officer substituted by No. 37/2014 s. 10(Sch. item 21.1).

police officer has the same meaning as in the Victoria Police Act 2013;

public sector official means a public sector employee within the meaning of the Public Administration Act 2004;

Registrar has the same meaning as it has in this Act;

this jurisdiction means the State of Victoria.

6 Non-application of Co-operatives National Law to co-operative housing societies and other bodies

Except as provided by the local regulations, the Co-operatives National Law (Victoria) does not apply to or in respect of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958.

7 Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to the Co-operatives National Law (Victoria), the Co-operatives National Regulations (Victoria), the Co-operatives National Regulations or other instruments (excluding local regulations) made under that Law—

(a) the Interpretation of Legislation Act 1984;

(b) the Subordinate Legislation Act 1994 (except to the extent provided by section 8).

8 Disallowance of Co-operatives National Regulations (Victoria)

Section 15(1) and Part 5 of the Subordinate Legislation Act 1994 apply to the Co-operatives National Regulations (Victoria) as if—

(a) the Co-operatives National Regulations (Victoria) were a statutory rule within the meaning of that Act; and

(b) a reference in section 15(1) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—

(i) the publication of the Co-operatives National Regulations under section 614(1) of the Co-operatives National Law;

(ii) the day this section comes into operation.

Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.

Part 3—Some matters referred to in Co‑operatives National Law (Victoria)

9 Designated authority

With respect to the definition of designated authority in the Co-operatives National Law (Victoria)—

(a) the Registrar is specified for the purposes of sections 15, 601 and 622 of that Law;

(b) the Minister is specified for the purposes of sections 492, 494 and 520 of that Law;

(c) a magistrate is specified for the purposes of sections 504 and 505 of that Law.

10 Designated instrument

With respect to the definition of designated instrument in the Co-operatives National Law (Victoria)—

(a) an order in writing in the approved form is specified for the purposes of the provisions of that Law referred to in Column 2 of Schedule 1 for the person or class (if any) or in the circumstances (if any) specified opposite in Column 3 of Schedule 1;

(b) a notice in the Government Gazette in the approved form is specified for the purposes of the provisions of that Law referred to in Column 2 of Schedule 1 for the person or class (if any) or in the circumstances (if any) specified opposite in Column 4 of Schedule 1;

(c) a written notice in the approved form is specified for the purposes of section 443(5) of that Law.

S. 11 amended by No. 12/2015 s. 18(2) (ILA s. 39B(1)).

11 Designated tribunal

(1) With respect to the definition of designated tribunal in the Co-operatives National Law (Victoria)—

S. 11(1)(a) amended by No. 12/2015 s. 18(1).

(a) the Magistrates' Court is specified for the purposes of the provisions of that Law in which the term is used, except Part 7.3 of that Law;

(b) the VCAT is specified for the purposes of Part 7.3 of that Law.

S. 11(2) inserted by No. 12/2015 s. 18(2).

(2) In any proceeding under this Act in relation to 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

(b) reserve a question of law for determination by the Supreme Court.

S. 11(3) inserted by No. 12/2015 s. 18(2).

(3) If a proceeding has been transferred to the Supreme Court under subsection (2)(a), it may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Supreme Court.

12 Adjustment of date referred to in Corporations Act as applied

For the purposes of section 201(b) of the Co‑operatives National Law (Victoria), the reference to 23 June 1993 is to be read as the date on which this section comes into operation.

13 Transfer or payment to the Registrar of consideration for shares compulsorily acquired

(1) This section applies in relation to an amount or other property paid or transferred to the Registrar under section 436(2) of the Co-operatives National Law (Victoria).

(2) The transferor of the amount or property must provide to the Registrar any details of the amount or property required by the Registrar to comply with the Unclaimed Money Act 2008.

(3) For the purposes of section 436(3)(b)(i) of the Co‑operatives National Law (Victoria), references in section 1339 of the Corporations Act to crediting an amount to the Companies and Unclaimed Moneys Special Account are to be read as references to dealing with the amount or property in accordance with subsection (4).

(4) Anything paid or transferred to the Registrar under section 436(2) of the Co-operatives National Law (Victoria) is to be held on trust by the Registrar until such time as it is—

(a) dealt with in accordance with the Unclaimed Money Act 2008; or

(b) paid or transferred to a person under subsection (6).

(5) For the purposes of section 436(3)(b)(ii) of the Co-operatives National Law (Victoria), sections 1341(1) and (2) of the Corporations Act are taken to be replaced by subsection (6).

(6) If a person claims to be entitled to an amount or property held in trust by the Registrar under subsection (4) and the Registrar is satisfied that the person is entitled to that amount or property, the Registrar must pay the amount or transfer the property to the person.

(7) The Registrar is, following the payment of an amount or the transfer of property to a claimant under subsection (6), discharged from any further liability with respect to that amount or that property.

(8) If a person (the subsequent claimant) claims to be the owner of an amount or property subsequent to that amount or property being paid or transferred to another person (the first claimant) under subsection (6), the subsequent claimant may have recourse against the first claimant for that amount or property.

14 Deregistration

(1) For the purposes of section 453(d) of the Co‑operatives National Law (Victoria), references in section 601AD to 601AF of the Corporations Act to the Commonwealth are to be read as references to the State of Victoria.

(2) For the purposes of section 453(e) of the Co‑operatives National Law (Victoria), references in section 601AE of the Corporations Act to crediting an amount to a Special Account (within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth) are to be read as references to crediting the amount to the Consolidated Fund.

15 Warrants

(1) Warrants under Part 6.4 of the Co-operatives National Law (Victoria) must be issued in accordance with Division 3 of Part 4 of the Magistrates' Court Act 1989.

(2) Part 6.4 of the Co-operatives National Law (Victoria) does not apply to the extent of any inconsistency with that Act.

16 Costs of inquiry

For the purposes of section 530(3)(b) of the Co‑operatives National Law (Victoria), the prescribed entity is the State of Victoria.

17 Secrecy

(1) For the purposes of section 537(4)(c) of the Co‑operatives National Law (Victoria), information may be divulged to—

(a) the Treasurer;

(b) the Commissioner of the State Revenue Office of Victoria;

(c) the Minister;

(d) the Auditor-General;

(e) a Victorian court, within the meaning of the Evidence Act 2008;

(f) a Royal Commission or a board to which Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 applies;

(g) the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011;

(h) the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004;

(i) the person who, for the time being, is employed as the Registrar of Incorporated Associations under the Public Administration Act 2004.

(2) For the purposes of the definition of former Act in section 537(6) of the Co-operatives National Law (Victoria), the Co-operatives Act 1996 is specified.

18 Pecuniary penalty orders

(1) For the purposes of section 556(2) of the Co‑operatives National Law (Victoria), a pecuniary penalty ordered to be paid in this jurisdiction is to be paid and treated in accordance with this section.

(2) The penalty is a civil debt payable to the Registrar on behalf of the State.

(3) The Registrar or the State may enforce the order as if it were an order made in civil proceedings against the person to recover a debt due by the person in a court of competent jurisdiction.

(4) The debt arising from the order is taken to be a judgment debt.

19 Duty on transfer of incorporation

(1) This section applies if—

(a) a co-operative that transfers its incorporation under Division 2 of Part 4.3 of the Co‑operatives National Law (Victoria) was, before its registration as a co-operative under that Law, a company under the Corporations Act or any corresponding previous law of this jurisdiction; and

(b) duty had been paid on its incorporation as such a company in respect of the amount of the nominal capital of the company (or, if subsequently increased on the amount of its nominal capital, as so increased).

(2) Any duty so paid is to be taken into account and included in assessing the duty payable on the incorporation or registration of the new body pursuant to the transfer.

20 Registration fees

No fee is chargeable under any Act for registration of an instrument executed or registered for or with respect to a transfer of any property to give effect to section 413 or 481 of the Co-operatives National Law (Victoria) in respect of—

(a) a merger of co-operatives; or

(b) a transfer of engagements; or

(c) a transfer of incorporation.

Part 4—Registrar

21 Registrar of Co-operatives

(1) Subject to the Public Administration Act 2004, there is to be a Registrar of Co-operatives for the purposes of—

(a) this Act; and

(b) the Co-operatives National Law (Victoria); and

(c) the Co-operatives National Regulations (Victoria); and

(d) the local regulations.

(2) The person employed as the Registrar of Co‑operatives under the Public Administration Act 2004 is a body corporate under the name "Registrar of Co-operatives".

(3) By that name, the Registrar of Co-operatives—

(a) has perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all things that a body corporate may by law do and suffer.

22 Official seal

(1) The official seal of the Registrar—

(a) must be kept as directed by the Registrar; and

(b) must not be used except as authorised by the Registrar.

(2) All courts, tribunals and other persons acting judicially—

(a) must take judicial notice of the official seal of the Registrar on a document; and

(b) until the contrary is proved, must presume that it was duly affixed.

23 Agents of the Registrar

The Registrar may enter into arrangements or agreements with any person or body to act as the agent of the Registrar in the performance of the Registrar's functions under this Act.

Part 5—General

24 Orders and other instruments published in Gazette

A copy of an order, notice, exemption or other instrument published in the Government Gazette purporting to have been given or issued under this Act, the Co-operatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or the local regulations is evidence of the giving or issuing of the order, notice, exemption or other instrument of which it purports to be a copy.

25 Proceedings for offences

(1) Proceedings for an offence may be commenced—

(a) no 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.

(2) In this section—

offence means an offence under—

(a) this Act; or

(b) the local regulations; or

(c) the Co-operatives National Law (Victoria); or

(d) the Co-operatives National Regulations (Victoria).

26 Proceedings for recovery of fines or penalties under co‑operatives rules

Proceedings for the recovery of any fine or penalty imposed by the rules of a co-operative may be commenced in the Magistrates' Court on application by the co-operative.

27 Infringement notices

(1) An authorised officer may serve an infringement notice on any person who the officer has reason to believe has committed an offence against this Act, the Co-operatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or the local regulations that is prescribed for the purposes of this subsection.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence prescribed for the purposes of subsection (1) is the prescribed infringement penalty.

(4) In this section, authorised officer means—

(a) an inspector;

S. 27(4)(b) substituted by No. 37/2014 s. 10(Sch. item 21.2).

(b) a police officer;

(c) a person authorised in writing by the designated authority.

28 Local regulations

(1) The Governor in Council may make regulations (the local regulations), for or with respect to—

(a) the administration of the Co-operatives National Law (Victoria);

(b) procedural matters relating to any aspects of the Co-operatives National Law (Victoria);

(c) without limiting paragraphs (a) and (b), administrative matters relating to the supervision and inspection of co-operatives;

(d) fees for the purposes of the Co-operatives National Law (Victoria) or the Co-operatives National Regulations (Victoria);

(e) any matter or thing—

(i) that is required or permitted to be prescribed or that is necessary to be prescribed to give effect to this Act; or

(ii) that by the Co-operatives National Law (Victoria) is required or permitted to be prescribed by the local regulations.

(2) The local regulations may—

(a) impose a penalty not exceeding the penalty specified in section 612(5) of the Co‑operatives National Law (Victoria) for a contravention of the local regulations;

(b) prescribe offences against this Act, the Co‑operatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or the local regulations to be infringement offences;

(c) in relation to each infringement offence, prescribe the penalty that is payable to expiate the offence.

(3) The local regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.

(4) A power conferred by this Act to make local regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a) specific fees;

(b) the payment of fees either generally or under specified conditions or in specified circumstances;

(c) the reduction, waiver or refund, in whole or in part, of the fees.

S. 28A inserted by No. 57/2013 s. 8.

28A Model rules for co-operatives in respect of which a government guarantee exists

(1) The model rules of government guarantee co‑operatives (the local model rules) are the model rules prescribed under the Co‑operatives National Law (Victoria) for non-distributing co‑operatives with share capital subject to the modifications prescribed by the local regulations for the purposes of this section.

(2) The Co-operatives National Law (Victoria) applies to the local model rules as if they were model rules to which section 64 of that Law refers except that in section 66 of that Law a reference to the amendment of model rules is to be read as including a reference to any amendment to the local model rules made by the local regulations.

(3) In this section—

government guarantee co-operative means a co‑operative in respect of which a government guarantee exists under Division 6 of Part 3 of the Co‑operatives Act 1996;

The operation of Division 6 of Part 3 of the Co‑operatives Act 1996 is preserved by virtue of section 37.

Part 6—Transitional and savings provisions

29 Regulations dealing with transitional matters

(1) The Governor in Council may make local regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act or any other Act that amends this Act.

(2) Regulations made under this section may—

(a) subject to subsection (3), have retrospective effect to the day on which this Act receives the Royal Assent;

(b) be of limited or general application;

(c) leave any matter or thing to be decided by a specified person or class of person;

(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary—

(a) in any Act (other than the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

30 General savings

Subject to this Act and the Co-operatives National Law (Victoria), each person, thing and circumstance appointed or created under the Co‑operatives Act 1996 or existing or continuing under that Act immediately before the commencement of relevant provisions of the Co‑operatives National Law (Victoria) continues to have the same status, operation and effect as it would have had if this Act had not been enacted.

31 Registration of co-operatives

(1) A co-operative whose registration under the Co‑operatives Act 1996 is in force immediately before the commencement of this section is taken to be registered under the Co-operatives National Law (Victoria).

(2) A co-operative referred to in subsection (1) that was a trading co-operative immediately before the commencement of this section is taken to be a distributing co-operative.

(3) A co-operative referred to in subsection (1) that was a non-trading co-operative immediately before the commencement of this section is taken to be a non-distributing co-operative.

(4) A co-operative referred to in subsection (1) that was an association or federation immediately before the commencement of this section is taken to be a co-operative group.

32 Rule of certain co-operatives formed to carry on club may restrict voting rights

(1) Subject to subsection (2), the rules of a co‑operative may provide for different classes of membership and restrict the voting rights attaching to membership of those different classes, but only if—

(a) the co-operative has as a primary activity the operation, maintenance and carrying on of a club; 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; and

(c) the NSW Registrar approves the provisions concerned.

Note to s. 32(1) amended by No. 70/2013 s. 3(Sch. 1 item 8).

Under clause 5(3) of Schedule 1 to the Co-operatives (Adoption of National Law) Act 2012 of New South Wales, an approval that was given under section 177 of the Co‑operatives Act 1992 of New South Wales by the Co‑operatives Council constituted under that Act and that was effective immediately before the commencement of that clause has effect as if given by the NSW Registrar.

(2) Subsection (1) applies only to a co-operative registered in NSW and operating in Victoria as a participating co-operative under Part 5 of the Co‑operatives National Law (Victoria) that—

(a) holds a club licence under the Liquor Act 2007 of New South Wales, whether the co‑operative was registered under—

(i) the Co-operatives Act 1992 of New South Wales; or

(ii) the Co-operatives National Law (NSW); or

S. 32(2)(b) amended by No. 38/2017 s. 77.

(b) was registered under the Co-operatives Act 1992 of New South Wales before 17 December 1997 (being the date of assent to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997 of New South Wales).

(3) In this section—

Co-operatives National Law (NSW) means the Co-operatives National Law as applied as a law of New South Wales by section 4 of the Co-operatives (Adoption of National Law) Act 2012 of New South Wales;

NSW Registrar means the Registrar within the meaning of the Co-operatives National Law (NSW).

33 Entitlements of former members of trading co‑operatives

A reference in Division 5 of Part 2.6 of the Co‑operatives National Law (Victoria) to the period of 2 years is taken to be a reference to a period of 5 years in a case where the cancellation of membership occurred before the commencement of that Division.

34 Entitlement to distribution from business for reserves of co‑operative

Any entitlement that a member or former member of a co-operative had immediately before the commencement of this section in relation to a surplus arising from the business of the co‑operative or a part of the reserves of the co‑operative continues in force until satisfied.

35 Minimum paid up amount of shares

Section 78 of the Co-operatives National Law (Victoria) does not affect shares issued before the commencement of that section.

36 Personal property security interests

The repeal of the Co-operatives Act 1996 does not affect the operation of Division 2 of Part 19 of that Act on and after the date of the repeal, and that Division so operates as if that Act had not been repealed.

37 Government guarantees for co-operatives

(1) The repeal of the Co-operatives Act 1996 does not affect the operation of Division 6 of Part 3 of that Act on and after the date of the repeal, and, subject to subsection (3), that Division so operates as if that Act had not been repealed.

(2) Despite section 242(1) of the Co-operatives National Law (Victoria), if a government guarantee executed under Division 6 of Part 3 of the Co-operatives Act 1996 applies in respect of the borrowings of a co-operative, a special resolution relating to further borrowings has no effect until it is registered.

(3) On or after the commencement of this section, a reference in section 63 of the Co-operatives Act 1996 to section 306 of that Act is to be read as a reference to section 403 of the Co-operatives National Law (Victoria).

38 Inspectors

A person whose appointment as an inspector under Part 15 of the Co-operatives Act 1996 is in force immediately before the commencement of this section is taken to have been appointed as an inspector under section 492 of the Co-operatives National Law (Victoria).

Part 7—Repeal and amendment of other Acts

Division 1—Repeal of Co-operatives Act 1996

39 Repeal

The Co-operatives Act 1996 is repealed.

Division 2—Amendment of Unclaimed Money Act 2008

40 Definitions

In section 3(1) of the Unclaimed Money Act 2008, in the definition of business, in paragraph (d) for "Co-operatives Act 1996" substitute "Co-operatives National Law (Victoria)".

41 New Division 2A of Part 3 inserted

After Division 2 of Part 3 of the Unclaimed Money Act 2008 insert—

"Division 2A—Consideration obtained by compulsory acquisition of shares under Co‑operatives National Law (Victoria)

16A Divisions 1 and 2 do not apply to consideration obtained by co-operative

Divisions 1 and 2 do not apply to consideration that has been obtained by a co‑operative, within the meaning of the Co‑operatives National Law (Victoria), through a compulsory acquisition of shares while that consideration is held by the co‑operative.

Under section 436 of the Co-operatives National Law (Victoria), consideration obtained by a co-operative through a compulsory acquisition of shares in the co‑operative that has been held in trust by the co‑operative for at least 2 years must be paid or transferred to the Registrar of Co-operatives.

16B Application of Act to Registrar of Co‑operatives

(1) Division 1 applies to an amount paid to the Registrar of Co-operatives under section 436 of the Co-operatives National Law (Victoria) as if a reference in that Division to a business were a reference to the Registrar of Co‑operatives.

(2) Division 2 applies to consideration (other than money) transferred to the Registrar of Co‑operatives under section 436 of the Co‑operatives National Law (Victoria) as if a reference in that Division to a trustee were a reference to the Registrar of Co-operatives.

(3) For the purposes of section 14(1) as applied by subsection (2), the Registrar of Co‑operatives may deduct out of the unclaimed money payable to the Registrar an amount equivalent to the reasonable expenses incurred in holding or selling the property that constitutes the consideration referred to in subsection (2).

(4) This section does not operate to make the Registrar of Co-operatives subject to any penalty that would otherwise apply to a business or trustee or to impose any obligation or duty on the Registrar of Co‑operatives other than an obligation or duty imposed by, or under, Division 1 or 2.

(5) The Registrar of Co-operatives cannot make an application under section 29 for repayment of unclaimed money paid to the Registrar under section 12 or 14.

__________________".

Division 3—Consequential amendments of other Acts

42 Consequential amendments of other Acts

An Act specified in the heading to an item in Schedule 2 is amended as set out in that item.

Schedules

Schedule 1—Designated instrument

| Column 1<br>Item | Column 2<br>Provision of Co-operatives National Law (Victoria) | Column 3<br>Designated instrument is an order in writing | Column 4<br>Designated instrument is a notice in the Government Gazette | | 1 | section 33(1) (certificate of registration) | — | for all cases | | 2 | section 35(5) (exemption from special postal ballot for amendment of rules of conversion) | for individual co-operative | for class of co‑operatives | | 3 | section 60(2) (specifying rule amendments requiring prior approval by Registrar) | — | for all cases | | 4 | section 71(1) (exemption from requirements of Division 2 of Part 2.4) | for individual co-operative | for class of co‑operatives | | 5 | section 92(6) (exemption from complying with disclosure direction) | for all cases | — | | 6 | section 171(1) (exemption from requirements of Division 5 of Part 2.6) | for individual co-operative | for class of co‑operatives | | 7 | section 221(1) (approval of omission of "Limited" or "Ltd" from name) | — | for all cases | | Column 1<br>Item | Column 2<br>Provision of Co-operatives National Law (Victoria) | Column 3<br>Designated instrument is an order in writing | Column 4<br>Designated instrument is a notice in the Government Gazette | | 8 | section 226(6) (exemption from requirement to display location notice) | for individual small co-operative | for class of co‑operatives or all small co‑operatives | | 9 | section 316(1) (exemption for individual co-operative from accounting and auditing provisions) | for all cases | — | | 10 | section 317(1) (exemption for class of co-operatives from accounting and auditing provisions) | — | for all cases | | 11 | section 319(1) (exemption for non-auditor members and former members of audit firms, and former employees of audit companies from accounting and auditing provisions) | — | for all cases | | 12 | section 320(1) (exemption for classes of non-auditor members etc from accounting and auditing provisions) | — | for all cases | | 13 | section 322(1) (exemption from National Regulations made under Part 3.3) | — | for all cases | | 14 | section 338(6) (exemption from compliance with section 338) | for individual co-operative | for class of co‑operatives |

| Column 1<br>Item | Column 2<br>Provision of Co-operatives National Law (Victoria) | Column 3<br>Designated instrument is an order in writing | Column 4<br>Designated instrument is a notice in the Government Gazette | | 15 | section 343(10) (exemption from compliance with section 343) | for individual co-operative | for class of co‑operatives | | 16 | section 359(3) (exemption from compliance with section 359 or 248) | for all cases | — | | 17 | section 363(2) (stating maximum greater than 20% of nominal value of issued share capital) | for individual co-operative | for class of co‑operatives | | 18 | section 372(1) (exemption of person or class of persons from the operation of Division 1 of Part 3.5) | — | for all cases | | 19 | section 380(1) (exemption from compliance with Division 2 of Part 3.5 or section 248) | for all cases | — | | 20 | section 397(4) (exemption from compliance with section 397) | for all cases | — | | 21 | section 401(7) (notification by Registrar of date of effect of transfer of engagements between co-operatives) | — | for all cases | | 22 | section 404(4) (exemption from compliance with section 404 or 248) | for all cases | — |

| Column 1<br>Item | Column 2<br>Provision of Co-operatives National Law (Victoria) | Column 3<br>Designated instrument is an order in writing | Column 4<br>Designated instrument is a notice in the Government Gazette | | 23 | section 445(3) (exemption from compliance with section 445 or 248) | for individual co-operative | for class of co‑operatives | | 24 | section 607(3) (Registrar's approval) | for individual co-operative or person | for class of co‑operatives or persons |

Schedule 2—Consequential amendments

1 Accident Compensation Act 1985

In section 5I(a) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

2 Associations Incorporation Reform Act 2012

In sections 10(1)(b), 22(3)(b)(iv) and 109 for "Co‑operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

3 Australian Consumer Law and Fair Trading Act 2012

In Schedule 1 for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

4 Borrowing and Investment Powers Act 1987

In sections 29(1) and (2) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

5 Bus Safety Act 2009

In section 3(1), in the definition of co-operative for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

6 Children, Youth and Families Act 2005

In section 66(2) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

7 Duties Act 2000

(1) In section 3(1), in the definition of co-operative and in paragraph (b) of the definition of financial institution for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

(2) In section 46(1)(b) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

(3) In section 46(2)(a) for "section 335 of the Co‑operatives Act 1996" substitute "section 413 of the Co‑operatives National Law (Victoria)".

(4) In sections 46(2)(b) and 46(2)(c) for "section 386 of the Co-operatives Act 1996" substitute "section 472 of the Co‑operatives National Law (Victoria)".

8 Disability Act 2006

In section 101(2) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

9 Fisheries Act 1995

In section 4(1), in the definition of co-operative for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

10 Gambling Regulation Act 2003

In section 1.3(1) in paragraph (b) of the definition of authorising officer and paragraph (b) of the definition of constituting document for "Co‑operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

11 Housing Act 1983

(1) In section 4(1), in the definition of co-operative for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

(2) In section 6(1)(g) for "non-trading co-operatives" substitute "non-distributing co-operatives".

(3) In section 129(2) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

(4) In section 132(12), in the definition of relevant regulatory body in paragraph (b) for
"Co-operatives Act 1996" substitute
"Co-operatives National Law (Victoria)".

(5) In Part 1 of Schedule 8, in items 1(5), 1(10) and 1(11) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

12 Liquor Control Reform Act 1998

In section 3(1), in the definition of co-operative for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

13 Partnership Act 1958

In sections 55(2)(b)(iv) and 89(4)(b)(iv) for "Co‑operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

14 Personal Property Securities (Statute Law Revision and Implementation) Act 2010

(1) In section 17, in the definition of Registrar for "Co-operatives Act 1996" substitute "Co‑operatives National Law Application Act 2013".

(2) In the heading to section 20 for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

(3) In section 20(1) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

15 Property Law Act 1958

In section 28B(1)(a)(ii) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

16 Supported Residential Services (Private Proprietors) Act 2010

In section 169(2) for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

17 Transfer of Land Act 1958

In sections 98CB(2)(c) and 98CC(1)(d) for "Co‑operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

18 Transport (Compliance and Miscellaneous) Act 1983

In section 130A(1) in the definition of co‑operative for "Co-operatives Act 1996" substitute "Co‑operatives National Law (Victoria)".

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 February 2013

Legislative Council: 21 February 2013

The long title for the Bill for this Act was "A Bill for an Act to provide for the application of a national law relating to the formation, registration and operation of co-operatives, to repeal the Co-operatives Act 1996 and to make related amendments to other Acts and for other purposes."

The Co-operatives National Law Application Act 2013 was assented to on 13 March 2013 and came into operation on 3 March 2014: Special Gazette (No. 46) 18 February 2014 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Co-operatives National Law Application Act 2013 by Acts and subordinate instruments.

Consumer Affairs Legislation Amendment Act 2013, No. 57/2013

| Assent Date: | 22.10.13 | | Commencement Date: | S. 8 on 23.10.13: s. 2(3) | | Current State: | This information relates only to the provision/s amending the Co-operatives National Law Application Act 2013 |

Statute Law Revision Act 2013, No. 70/2013

| Assent Date: | 19.11.13 | | Commencement Date: | S. 3(Sch. 1 item 8) on 1.12.13: s. 2(1) | | Current State: | This information relates only to the provision/s amending the Co-operatives National Law Application Act 2013 |

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

| Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 21) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | Current State: | This information relates only to the provision/s amending the Co-operatives National Law Application Act 2013 |

Veterans and Other Acts Amendment Act 2015, No. 12/2015

| Assent Date: | 21.4.15 | | Commencement Date: | S. 18 on 15.6.15: Special Gazette (No. 144) 9.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the Co-operatives National Law Application Act 2013 |

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

| Assent Date: | 29.8.17 | | Commencement Date: | S. 77 on 30.8.17: s. 2(1) | | Current State: | This information relates only to the provision/s amending the Co-operatives National Law Application Act 2013 |

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

Annexure

Co-operatives (Adoption of National Law) Act 2012

Note

This Act has been amended by the following Acts of New South Wales:

No 42 Statute Law (Miscellaneous Provisions) Act 2012

No 95 Statute Law (Miscellaneous Provisions) Act (No 2) 2012

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to enact co-operatives legislation applying in this State. It does so as part of a proposed substantively uniform scheme of legislation applying the Co-operatives National Law in the States and Territories (jurisdictions).

The Bill contains the Co-operatives National Law, set out in the Appendix, which operates as a template for all jurisdictions. Each jurisdiction has agreed to enact legislation applying the National Law in its jurisdiction or to enact consistent legislation. The intention is that there will be a substantively uniform scheme of legislation for co-operatives applying in all jurisdictions, based on the National Law. Some features of the National Law are set out below.

In addition to applying the Co-operatives National Law, this Bill and the application legislation of other jurisdictions would specify local administration details such as the appointment of a Registrar of Co-operatives, specifying which courts deal with various matters, and stating how official notices are published.

National Regulations supporting the Co-operatives National Law would be made by the Governor of New South Wales. Each jurisdiction has agreed to adopt, or make regulations consistent with, the National Regulations.

Existing co-operatives legislation in all jurisdictions is based on Core Consistent Provisions developed by the Standing Committee of Attorneys-General. The proposed Co-operatives National Law continues the major features of the existing legislation, while also removing variations between jurisdictions and updating some provisions—particularly provisions that apply parts of the Corporations Act 2001 of the Commonwealth (the Corporations Act).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act.

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

Clause 4 applies the Co-operatives National Law as a law of this jurisdiction called the Co-operatives National Law (NSW). The clause applies the Co-operatives National Regulations as regulations called the Co-operatives National Regulations (NSW).

Clause 5 defines certain words and expressions used in the Co-operatives National Law (NSW).

Clause 6 excludes the operation of the Interpretation Act 1987 and Subordinate Legislation Act 1989 from applying to the applied provisions and the Co-operatives National Regulations and other instruments made under the Co-operatives National Law. The clause makes it clear that it does not affect local regulations made under the proposed Act.

Part 3 Some matters referred to in the Co operatives National Law (NSW)

**Clause 7** specifies for this jurisdiction the meaning of certain terms used in the Co-operatives National Law. These terms are ***designated authority***, ***designated instrument***, and ***designated tribunal***. It is intended that each jurisdiction will make appropriate provision for these terms in jurisdictional legislation applying the National Law.

**Clause 8** provides that a reference to a particular date in provisions of the Corporations Act as applied in this jurisdiction is to be read as a reference to a specified different date. The specified different date relates to changes to the liability of directors under insolvent trading provisions in the Corporations Act that were not adopted by the *Co-operatives Act 1992* until a later time.

**Clause 9** provides that unclaimed money from the disposal of shares compulsorily acquired is to be dealt with under the *Unclaimed Money Act 1995*.

**Clause 10** results in certain property of a deregistered co-operative vesting in the State of New South Wales. The clause achieves this by providing that the specified entity referred to in section 453 (d) of the *Co-operatives National Law (NSW)* is the State of New South Wales. By way of explanation, section 453 of the Co-operatives National Law applies provisions of the Corporations Act that refer to the Commonwealth, and clause 10 (1) has the effect of substituting the State of New South Wales for this purpose. Clause 10 (2) replaces references to a Special Account under Commonwealth legislation with references to the Special Deposits Account under State legislation.

**Clause 11** provides for the application of legislation of this jurisdiction to warrants issued under the Co-operatives National Law.

**Clause 12** provides that the costs of an inquiry under Part 6.5 of the *Co-operatives National Law (NSW)* may be directed to be paid to the State.

**Clause 13** provides that information obtained in the course of administering the *Co-operatives National Law (NSW)* or the *Co-operatives Act 1992* may be divulged to certain specified persons.

**Clause 14** provides that a pecuniary penalty ordered to be paid in the State is a civil debt payable to the Registrar of Co-operatives on behalf of the State, and is recoverable accordingly.

**Clause 15** provides that stamp duty is not payable on certain instruments associated with co-operatives, and stamp duty already paid is to be taken into account in respect of certain other instruments associated with co-operatives.

**Clause 16** provides that registration fees are not chargeable under any Act in respect of certain instruments associated with co-operatives.

Part 4 Regulations

**Clause 17** authorises the Governor to make regulations (***National Regulations***) under the power conferred by the Co-operatives National Law as applied in each jurisdiction to make Co-operatives National Regulations. The Co-operatives National Regulations in that form take effect only to the extent they are applied or adopted by individual jurisdictions (see clause 4 in the case of this jurisdiction).

**Clause 18** authorises the Governor to make regulations (***local regulations***) for the purposes of the proposed Act or as contemplated by the Co-operatives National Law as applying in this jurisdiction.

Part 5 Miscellaneous

**Clause 19** provides that the Co-operatives National Law does not apply to certain co-operative housing bodies.

**Clause 20** contains evidentiary provisions relating to the making of orders, notices, exemptions and other instruments published in the Gazette.

**Clause 21** provides for the procedure for the prosecution of offences under the proposed Act and the *Co-operatives National Law (NSW)*.

**Clause 22** provides for the recovery of fines and penalties imposed by the rules of a co-operative.

**Clause 23** gives protection from civil liability for certain persons.

**Clause 24** specifies the officer who is to exercise functions as the Registrar of Co-operatives under the proposed Act or the *Co-operatives National Law (NSW)*.

**Clause 25** repeals the *Co-operatives Act 1992*, the *Co-operatives Amendment Act 1997*, and the *Co-operatives Regulation 2005*.

Schedule 1 Savings and transitional provisions

This Schedule contains some specific savings and transitional provisions, and also enables local regulations of a savings or transitional nature to be made.

Appendix Co-operatives National Law

This Appendix sets out the Co-operatives National Law. It is divided into Chapters and Schedules, which are briefly summarised below.

Chapter 1 Preliminary

This Chapter sets out the principles used by a co-operative organisation. The principles are those agreed by the International Co-operative Alliance and incorporated into Recommendation 193 of the International Labour Organization. The Chapter contains interpretation provisions and also sets out the relationship between the Co-operatives National Law and the Corporations Act. The provisions of the Corporations Act that are applied throughout the Co-operatives National Law are collected in a note and cross-referenced in tabular form along with relevant modifications for ease of reference.

Chapter 2 Formation, powers and constitution of co‑operatives

This Chapter provides the mechanism for incorporating a co-operative and specifies the legal powers of the incorporated body as well as the legal assumptions that underpin a co-operative’s dealings with third parties. It identifies the matters that must be included in the rules of a co-operative and authorises the Registrar of Co-operatives to publish model rules that a co-operative can adopt. The Chapter also sets out the nature of share capital of a co-operative and establishes the legal notions of membership and active membership. Member rights and obligations as well as the circumstances in which membership is cancelled and any rights accompanying cancellation are dealt with in the Chapter.

Chapter 3 Management and operation of co-operatives

This Chapter deals with corporate governance of a co-operative. Matters such as the board as the managing organ, directors and their duties and meetings are included. Matters relating to financial reporting and auditing are contained in the Chapter along with provisions governing fundraising from members and the public.

Chapter 4 Structural and other events for co-operatives

This Chapter deals with corporate structural events such as external administration, mergers, schemes of arrangement and transfers of incorporation. Relevant provisions of the Corporations Act are applied and modified to achieve consistency of treatment in most external administration processes. Special provisions for caretaker-type administration and administrative powers of the Registrar of Co-operatives leading to a winding up are also located here.

Chapter 5 Participating co-operatives

This Chapter replaces the existing system of multiple registration to enable cross-border trade by co-operatives with a mutual recognition scheme for co-operatives from jurisdictions that participate in the Co-operatives National Law scheme.

Chapter 6 Supervision and protection of co-operatives

This Chapter establishes the powers of the Registrar of Co-operatives, inspectors and special investigators and the procedures that must be used when conducting an investigation. The Co-operatives National Law will introduce consistent powers and procedures across jurisdictions. If necessary, however, a particular jurisdiction will be able to modify provisions in this Chapter to account for local circumstances.

Chapter 7 Legal proceedings and other matters

This Chapter establishes nationally consistent provisions for offences, civil penalty provisions, appeals against administrative decisions, and the use of evidence in proceedings.

Chapter 8 General

This Chapter deals with administrative and other miscellaneous matters such as those relating to the office of Registrar of Co-operatives, the service and filing of documents, and the making of National Regulations.

Schedules

Schedule 1 sets out the matters that must be addressed in the rules of a co-operative.

Schedule 2 defines terms used in provisions that regulate interests and control in shares of a co-operative.

Schedule 3 contains savings and transitional provisions.

Schedule 4 sets out interpretation provisions that are nationally consistent and are used in place of the interpretation legislation in each jurisdiction.

Co-operatives (Adoption of National Law) Act 2012

Contents

Part 1 Preliminary

1 Name of Act

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

4 Adoption of Co-operatives National Law and Co-operatives National Regulations

6 Exclusion of legislation of this jurisdiction

Part 3 Some matters referred to in Co-operatives National Law (NSW)

7 Designated authority, designated instrument and designated tribunal (Co-operatives National Law s 4)

8 Adjustment of date referred to in Corporations Act as applied (Co-operatives National Law ss 201, 444 and 451)

9 Disposal of consideration for shares compulsorily acquired (Co-operatives National Law s 436)

10 Deregistration (Co-operatives National Law s 453—sections 601AD, 601AE and 601AF of Corporations Act as applied)

11 Warrants (Co-operatives National Law ss 483 and 518)

12 Costs of inquiry (Co-operatives National Law s 530)

13 Secrecy (Co-operatives National Law s 537)

14 Pecuniary penalty orders (Co-operatives National Law s 556)

15 Stamp duty (Co-operatives National Law s 620)

16 Registration fees (Co-operatives National Law s 620)

Part 4 Regulations

17 National Regulations

18 Local regulations

Part 5 Miscellaneous

19 Non-application of Co-operatives National Law to co-operative housing societies and other bodies

20 Orders and other instruments published in Gazette

21 Proceedings for offences

22 Proceedings for recovery of fines or penalties under co-operative’s rules

23 Particular officials protected from liability

24 Registrar of Co-operatives

25 Repeals

Schedule 1 Savings and transitional provisions

Appendix Co-operatives National Law

Chapter 1 Preliminary

Part 1.1 Introductory

1 Citation

3 Objects

Part 1.2 Interpretation

4 Definitions

5 Miscellaneous provisions relating to the interpretation of this Law (Schedule 4)

6 References to regulations where National Regulations are not applied

7 Corresponding co-operatives law

8 Co-operatives National Law Act of this jurisdiction

9 Involvement in contraventions

Part 1.3 The co-operative principles

10 Co-operative principles

11 Interpretation to promote co-operative principles

Part 1.4 The Corporations legislation

Division 1 Exclusion of matters from the Corporations legislation

12 Excluded matter—co-operatives and participating co-operatives

Division 2 Applied matters (applied Corporations legislation matters)

13 Applied Corporations legislation matters under this Law

14 Applied Corporations legislation matters under the National Regulations

15 Modifications to applied provisions

Division 3 Prescription by National Regulations of other matters dealt with by Corporations legislation

16 National Regulations may provide for matters dealt with by Corporations legislation

Chapter 2 Formation, powers and constitution of co-operatives

Part 2.1 Formation

Division 1 Types of co-operatives

17 Types of co-operatives

18 Distributing co-operatives

19 Non-distributing co-operatives

20 Provisions regarding Registrar’s approvals about numbers

Division 2 Formation meeting

21 Formation meeting

22 Requirements regarding formation meeting

Division 3 Initial approval of rules and formation disclosure statement

23 Submission of draft rules and draft formation disclosure statement

24 Provisions relating to and approval of rules

25 Provisions relating to and approval of formation disclosure statement

Division 4 Registration of proposed co-operative

26 Application for registration of proposed co-operative

27 Registration of proposed co-operative

28 Incorporation and certificate of registration

Division 5 Registration of existing corporation

29 Existing corporation can be registered

30 Formation meeting (existing corporation)

31 Application for registration of existing corporation

32 Requirements for registration

33 Certificate of registration

34 Effect of registration

Division 6 Conversion of co-operative

35 Conversion of co-operative

Division 7 General

36 Acceptance of money by proposed co-operative

37 Issue of duplicate certificate

Part 2.2 Legal capacity and powers

Division 1 General powers

38 Effect of incorporation

39 Power to form companies and enter into joint ventures

Division 2 Doctrine of ultra vires not to apply

40 Interpretation

41 Doctrine of ultra vires not to apply

42 Legal capacity

43 Rules may limit powers and set out objects

Division 3 Persons having dealings with co-operatives

44 Entitlement to make assumptions

45 Assumptions

46 Person who knows or ought to know cannot make assumptions

47 Filing of documents not to constitute constructive knowledge

48 Effect of fraud

Division 4 Execution of documents

49 Execution of documents by co-operative

50 Agent exercising co-operative’s power to make contracts

51 Other requirements as to consent or sanction not affected

Division 5 Pre-registration contracts

52 Contracts before registration

53 Person may be released from liability but is not entitled to indemnity

54 This Division replaces other rights and liabilities

Part 2.3 Rules

Division 1 Rules of a co-operative

55 Effect of rules

56 Content of rules

57 Purchase and inspection of copy of rules

58 False copies of rules

59 Rules can only be amended under this Law

60 Approval of certain rule amendments

61 Amendment by special resolution

62 Amendment by resolution of board

63 Amendment does not take effect until registered

Division 2 Model rules

64 Model rules

65 Adoption of model rules

66 Relationship of this Division to Division 1

Part 2.4 Shares

Division 1 Nature of share

67 Nature of share in co-operative

Division 2 Disclosure requirements for distributing co-operatives

68 Registration of current disclosure statement

69 Restrictions on advertising and publicity

70 Disclosure to intending shareholders in distributing co-operative

71 Exemptions from disclosure statements

Division 3 Compensation for defective disclosure

72 Contravention leading to right to recover for loss or damage

73 Right to recover for loss or damage resulting from contravention

74 Due diligence defence

75 General defences

Division 4 Issue of shares

76 Shares—general

77 Minimum number of shares to be subscribed for

78 Minimum paid up amount

79 Shares not to be issued at a discount

80 Issue of shares at a premium

81 Joint ownership of shares

82 Members may be required to take up additional shares

83 Bonus share issues

84 Restrictions on bonus shares

85 Notice about bonus shares

Division 5 Provisions applying to particular share subscriptions

86 Definition

87 Application of this Division

88 Application money to be held on trust

89 Minimum subscription condition must be fulfilled before issue or transfer

90 Repayment of money if disclosure statement condition not met

Division 6 Disclosure and registration of interests in shares

91 Direction to disclose

92 Disclosure by member of relevant interests and instructions

93 Registration as trustee, executor or administrator on death of owner of shares

94 Registration as administrator of estate on incapacity of shareholder

95 Registration as Official Trustee in Bankruptcy

96 Liabilities of person registered as trustee or administrator

97 Notice of trusts in register of members

98 No notice of trust except as provided by this Division

Division 7 Sale or transfer of shares

99 Sale or transfer of shares

100 Sale or transfer of shares to be subject to rules

101 Transfer not effective until registered

Division 8 Transfer of shares and other interests on death of member

102 Meaning of “interest”

103 Transfer of shares and other interests on death of member

104 Transfer of small shareholdings and interests on death

105 Value of shares and interests

106 Co-operative protected

Division 9 Repurchase of shares

107 Purchase and repayment of shares

108 Deposits, debentures or CCUs instead of payment when share repurchased

109 Cancellation of shares

Part 2.5 Membership

Division 1 General

110 Becoming a member of co-operative

111 Members of co-operative group

112 Qualification for membership

113 Membership may be joint

114 Minors

115 Representatives of corporations

116 Notification of shareholders and shareholdings

117 Circumstances in which membership ceases—all co-operatives

118 Additional circumstances in which membership ceases—co-operatives with share capital

119 Carrying on business with too few members

Division 2 Rights and liabilities of members

120 Rights of membership not exercisable until registered etc

121 Liability of members to co-operative

122 Co-operative to give information to person intending or applying to become a member

123 False copy of documents

124 Entry fees and regular subscriptions

125 Members etc may be required to deal with co-operative

126 Fines payable by members

127 Lien and set-off

128 Repayment of shares on expulsion or resignation

Division 3 Disputes involving members

129 Grievance procedure

130 Application to designated tribunal

Division 4 Oppressive conduct of affairs

131 Interpretation—extended meaning of “member”

132 Application of Division

133 Application for order

134 Orders

135 Basis on which orders made

136 Winding up need not be ordered if members unfairly prejudiced by order

137 Application of winding up provisions

138 Changes to rules

139 Copy of order to be filed with Registrar

Division 5 Inspection of books

140 Order for inspection of books of co-operative

141 Ancillary orders

142 Disclosure of information acquired in inspection

143 Co-operative or directors may allow member to inspect books

Part 2.6 Active membership

Division 1 Definitions

144 Meaning of “primary activity”

145 Meaning of “active member”

146 Meaning of “active membership provisions and resolutions”

Division 2 Active membership provisions

147 Number of primary activities required

148 Rules to contain active membership provisions

149 Factors and considerations for deciding primary activities and other matters

150 Active membership provisions—distributing co-operatives

151 Active membership provisions—non-distributing co-operatives—regular subscriptions

Division 3 Active membership resolutions

152 Notice of meeting

153 Eligibility to vote on active membership resolution

154 Eligibility of directors to vote on proposal at board meeting

155 Other entitlements of members not affected

Division 4 Cancellation of membership of inactive members

156 Cancellation of membership of inactive member

157 Shares to be forfeited if membership cancelled

158 Failure to cancel membership—offence by director

159 Deferral of cancellation by board

160 Cancellation of membership prohibited in certain circumstances

161 Notice of intention to cancel membership

162 Order against cancellation

163 Repayment of amounts owing because of cancelled membership

164 Interest on deposits, debentures and CCUs

165 Repayment of deposits, debentures and CCUs

166 Register of cancelled memberships

Division 5 Entitlements of former members of distributing co-operatives

167 Application of Division

168 Former shareholders to be taken to be shareholders for certain purposes

169 Entitlements of former shareholders on mergers etc

170 Set-off of amounts repaid etc on forfeited shares

171 Exemption of co-operatives from provisions

Chapter 3 Management and operation of co-operatives

Part 3.1 Management

Division 1 The board

172 Board of directors

173 Election of directors

174 Qualification of directors

175 Meeting of board of directors

176 Transaction of business outside meetings

177 Alternate directors

178 Delegation by board

179 Removal from and vacation of office

180 Removal from office by resolution

Division 2 Disqualification from managing co-operatives

181 Offence for disqualified person to manage co-operative

182 Automatic disqualification for offences

183 Extension of period of automatic disqualification

184 Court’s power of disqualification—contravention of civil penalty provision

185 Court’s power of disqualification—insolvency and non-payment of debts

186 Court’s power of disqualification—repeated contraventions of Law

187 Registrar’s power of disqualification

188 Registrar’s power to give permission

189 Court’s power to grant leave

Division 3 Secretary

190 Secretary

191 Responsibility of secretary

Division 4 Duties and liabilities of directors, officers and employees

192 Care and diligence—civil obligation only

193 Good faith—civil obligations

194 Use of position—civil obligations

195 Use of information—civil obligations

196 Good faith, use of position and use of information—criminal offences

197 Interaction of preceding sections with other laws

198 Indemnification and exemption of officer or auditor

199 Insurance premiums for certain liabilities of director, secretary, other officer or auditor

200 Certain indemnities, exemptions, payments and agreements not authorised and certain documents void

201 Application of Corporations Act—offences by officers of co-operatives

202 Application of Corporations Act—employee entitlements

203 Directors’ remuneration

204 Certain financial accommodation to officers prohibited

205 Financial accommodation to directors and associates

206 Restriction on directors of certain co-operatives selling land to co-operative

207 Management contracts

Division 5 Declaration of interests

208 Declaration of interest

209 Declarations to be recorded in minutes

210 Division does not affect other laws or rules

211 Certain interests need not be declared

Division 6 Co-operative’s registers, books and returns

212 Registers to be kept by co-operatives

213 Location of registers

214 Inspection of co-operative’s registers and other documents

215 Use of information on registers

216 Notice of appointment or cessation of appointment of directors and officers to be lodged with Registrar

217 List of members to be lodged with Registrar at request of Registrar

218 Reports to be lodged with Registrar concerning prescribed particulars

219 Special return to be lodged at request of Registrar

Division 7 Name and registered office

220 Name to include certain matter

221 Exception to requirement for using “Limited” in name

222 Use of abbreviations

223 Name to appear on seals, publications and business documents

224 Change of name of co-operative

225 Restriction on use of word co-operative or similar words

226 Registered office of co-operative

Part 3.2 Voting and meetings

Division 1 Voting entitlements

227 Application of Part to voting

228 Voting

229 Voting by proxy

230 Inactive members not entitled to vote

231 Control of right to vote

232 Effect of disposal of shares on voting rights

233 Effect of relevant share and voting interests on voting rights

234 Rights of representatives to vote

235 Other rights and duties of members not affected by ineligibility to vote

236 Vote of disentitled member to be disregarded

Division 2 Resolutions

237 Decisions to be by ordinary resolution

238 Ordinary resolutions

239 Special resolutions

240 How majority is ascertained

241 Declaration of passing of special resolution

242 Effect of special resolution

243 Registration of special resolution

244 Decision of Registrar on application to register special resolution

Division 3 Resolution by circulated document

245 Application of Division

246 Resolution by circulation of document—fewer than 50 members

Division 4 Postal ballots

247 Postal ballots

248 Special postal ballots

249 When special postal ballot is required

250 Holding of postal ballot on requisition

251 Expenses involved in postal ballots on requisition

Division 5 Meetings

252 Annual general meetings

253 Special general meetings

254 Notice of meetings

255 Quorum at meetings

256 Decision at meetings

257 Calling of general meeting on requisition

258 Minutes

259 Auditor entitled to notice and other communications

260 Auditor’s right to be heard at general meetings

261 Questions and comments by members on co-operative management at annual general meeting

262 Questions by members of auditors at annual general meeting

Part 3.3 Financial reports and audit

Division 1 Preliminary

263 Interpretation

264 General modifications to applied provisions of Chapter 2M of Corporations Act

Division 2 Financial records

265 Obligation to keep financial records

266 Language requirements

267 Physical format

268 Place where records are kept

269 Director access

Division 3 Annual financial reports and directors’ reports generally

270 Who has to prepare annual financial reports and directors’ reports

271 Small co-operative—direction by members

272 Small co-operative—direction by Registrar

Division 4 Annual financial reports

273 Contents of annual financial report

274 Compliance with accounting standards and regulations

275 True and fair view

276 Audit of annual financial report

277 Application of Corporations Act—co-operatives with quoted securities—declaration about financial statements by certain officers

Division 5 Annual directors’ reports

278 Annual directors’ report

279 Annual directors’ report—general information

280 Annual directors’ report—specific information

281 Application of Corporations Act—co-operatives with quoted securities—additional information to be provided in directors’ annual report

Division 6 Half-year financial report and directors’ report

282 Application of Corporations Act—co-operatives that are disclosing entities—half-year financial reports and directors’ reports

Division 7 Audit and auditor’s report

283 Application of Corporations Act—audit and auditor’s report

Division 8 Annual financial reporting to members

284 Annual financial reporting to members

285 Deadline for reporting to members

286 Member’s choices for annual financial information

287 Consideration of reports at annual general meeting

288 Application of Corporations Act—additional reporting by debenture issuers

Division 9 Lodging reports and returns with Registrar

289 Lodgment of annual reports by large co-operatives with Registrar

290 Lodgment of half-year reports with Registrar

291 Registrar’s power to require lodgment

292 Relodgment if financial statements or directors’ reports amended after lodgment

293 Lodgment by small co-operatives of annual returns with Registrar

Division 10 Special provisions about consolidated financial statements

294 Application of Corporations Act—special provisions about consolidated statements

Division 11 Financial years and half-years

295 Financial year

296 Half-year

Division 12 Auditors

Subdivision 1 General provisions relating to auditors

297 Application of Corporations Act—auditors

Subdivision 2 Appointment of auditors

298 Appointment of auditor of small co-operative

299 Initial appointment of auditor of large co-operative

300 Annual appointment at annual general meeting of auditor of large co-operative to fill vacancy

301 Appointment by directors or annual general meeting of auditor of large co-operative to fill casual vacancy

302 Appointment to replace auditor removed from office

303 Registrar to be notified of appointment of auditor

304 Registrar may appoint auditor if auditor removed but not replaced

305 Registrar’s general power to appoint auditor of large co-operative

306 Restrictions on Registrar’s powers to appoint auditor of large co-operative

307 Remaining auditors may act during vacancy

308 Nomination of auditor

309 Auditor’s consent to appointment

Subdivision 3 Removal and resignation of auditors

310 Removal and resignation of auditors

311 Effect of winding up on office of auditor

Subdivision 4 Auditors’ fees and expenses

312 Fees and expenses of auditors

Subdivision 5 Protection of auditors

313 Protection of auditors

Division 13 Accounting and auditing standards

314 Accounting and auditing standards

315 Interpretation of accounting and auditing standards

Division 14 Exemptions and modifications

316 Exemptions—individual co-operatives

317 Exemptions—classes of co-operatives

318 Exemptions—criteria for exemptions for individual co-operatives or classes of co-operatives

319 Exemptions—non-auditor members and former members of audit firms, and former employees of audit companies

320 Exemptions—classes of non-auditor members etc

321 Exemptions—criteria for exemptions for non-auditor members etc

322 Exemptions from National Regulations

323 Registrar’s power to modify the operation of section 324DA of Corporations Act

324 Auditor to notify co-operative of declaration

325 Modification by National Regulations

326 Amendment, suspension or revocation of exemption

Division 15 Miscellaneous

327 Disclosure by directors

328 Contravention by directors of provisions of this Part

329 Submission of financial reports to Financial Reporting Panel

330 Notification of ASIC by Registrar of certain matters relating to auditor independence

Part 3.4 Funds and property

Division 1 Power to raise money

331 Meaning of “obtaining of financial accommodation”

332 Fundraising to be in accordance with National Regulations

333 Limits on deposit taking

334 Members and other persons not required to see to application of money

335 Registrar’s directions about obtaining financial accommodation

336 Subordinated debt

337 Application of Corporations Act—issues of debentures

338 Disclosure statement

339 Restrictions on advertising and publicity

340 Application money to be held on trust

341 Approval of board for transfer of debentures

342 Application of Corporations Act—reissue of redeemed debentures

343 Compulsory loan by member to co-operative

344 Interest payable on compulsory loan

Division 2 Co-operative capital units (CCUs)

345 General nature of CCU

346 Priority of CCUs on winding up

347 Financial accommodation provisions apply to issue of CCUs

348 CCUs can be issued to non-members

349 Minimum requirements for rules concerning CCUs

350 CCUs not to be issued unless terms of issue approved by Registrar

351 Directors’ duties concerning CCUs

352 Redemption of CCUs

353 Capital redemption reserve

354 Issue of shares in substitution for redemption

Division 3 Disposal of surplus from activities

355 Retention of surplus for benefit of co-operative

356 Application for charitable purposes or approved activities

357 Distribution of surplus or reserves to members

358 Application of surplus to other persons

Division 4 Acquisition and disposal of assets

359 Acquisition and disposal of assets

Part 3.5 Restrictions on acquisition of interests in co-operatives

Division 1 Restrictions on share and voting interests

360 Notice required to be given of voting interest

361 Notice required to be given of substantial share interest

362 Requirements for notices

363 Maximum permissible level of share interest

364 Shares to be forfeited to remedy contravention

365 Powers of board in response to suspected contravention

366 Powers of Supreme Court about contravention

367 Co-operative to inform Registrar of interest over 20%

368 Co-operative to keep register

369 Unlisted companies to provide list of shareholders etc

370 Excess share interest not to affect loan liability

371 Extent of operation of this Division

372 Exemptions

Division 2 Restrictions on certain share offers

373 Share offers to which this Division applies

374 Requirements to be satisfied before offer can be made

375 Some offers totally prohibited if they discriminate

376 Offers to be submitted to board first

377 Announcements of proposed takeovers about proposed company

378 Additional disclosure requirements for offers involving conversion to company

379 Consequences of prohibited offer

380 Exemptions

Chapter 4 Structural and other events for co-operatives

Part 4.1 Appointment of administrator

Division 1 Introductory

381 Operation of this Part

Division 2 Administration under Corporations Act

382 Application of Corporations Act—administration of co-operative

383 Appointment of administrator by Registrar in the case of insolvency

Division 3 Administration—alternative procedure

384 Operation of this Division

385 Appointment of administrator by Registrar

386 Effect of appointment of administrator

387 Revocation of appointment

388 Expenses of administration

389 Liabilities arising from administration

390 Additional powers of Registrar

391 Stay of proceedings

392 Administrator to report to Registrar

Part 4.2 Receivers and other controllers of property

393 Application of Corporations Act—receivers and other controllers of property of co-operatives

Part 4.3 Mergers and transfers of engagements

Division 1 Merger or transfer of engagements

394 Application of this Division

395 Mergers and transfers of engagements of local co-operatives

396 Requirements before application can be made

397 Disclosure statement required

398 Making an application

399 Approval of merger

400 Approval of transfer of engagements

401 Transfer of engagements by direction of Registrar

Division 2 Transfer of incorporation

402 Meaning of “new body” and “transfer”

403 Application for transfer

404 Requirements before application can be made

405 New body ceases to be registered as co-operative

406 Transfer not to impose greater liability etc

407 Effect of new certificate

408 Copy of new certificate to be given to Registrar

409 New body is a continuation of the co-operative

Division 3 Effect of merger or transfer on assets and liabilities

410 How this Division applies to a merger

411 How this Division applies to a transfer of engagements

412 How this Division applies to a transfer of incorporation

413 Effect of merger or transfer on assets and liabilities

Part 4.4 Compromises and arrangements

Division 1 General requirements

414 Requirements for binding compromise or arrangement

415 Court ordered meeting of creditors

416 Registrar to be given notice and opportunity to make submissions

417 Results of 2 or more meetings

418 Persons disqualified from administering compromise or arrangement

419 Application of Corporations Act to person appointed to administer compromise or arrangement

420 Application of Corporations Act—person appointed to administer compromise or arrangement

421 Copy of order to be attached to rules

422 Directors to arrange for reports

423 Power of Court to restrain further proceedings

424 Court need not approve compromise or arrangement takeovers

425 Provisions for facilitating reconstructions and mergers

426 Costs for Registrar

Division 2 Explanatory statements

427 Explanatory statement required to accompany notice of meeting etc

428 Requirements for explanatory statement

429 Contravention of this Division—offence by co-operative

Division 3 Acquisition of shares of dissenting shareholders

430 Definitions

431 Schemes and contracts to which this Division applies

432 Acquisition of shares pursuant to notice to dissenting shareholder

433 Restrictions when excluded shares are more than 10%

434 Remaining shareholders may require acquisition

435 Transfer of shares pursuant to compulsory acquisition

436 Disposal of consideration for shares compulsorily acquired

Division 4 Miscellaneous

437 Notification of appointment of scheme manager

438 Power of Supreme Court to require reports

439 Effect of out-of-jurisdiction compromise or arrangement

440 Jurisdiction to be exercised in harmony with Corporations Act jurisdiction

441 Registrar may appear and be heard

Part 4.5 Winding up

442 Methods of winding up

443 Winding up on Registrar’s certificate

444 Application of Corporations Act—voluntary winding up and court-ordered winding up

445 Voluntary winding up—restrictions

446 Voluntary winding up—start of members’ voluntary winding up

447 Voluntary winding up—liquidator vacancy may be filled by Registrar

448 Distribution of surplus—non-distributing co-operatives

449 Review of liquidator’s remuneration

450 Liability of member to contribute in a winding up if shares forfeited etc

Part 4.6 Insolvency

451 Application of Corporations Act—insolvent co-operatives

Part 4.7 Deregistration

452 Method of deregistration

453 Application of Corporations Act—deregistration

454 Deregistration of co-operative ceasing to exist

Part 4.8 Grounds for certain actions

455 Grounds for appointment of administrator, transfer of engagements or winding up of co-operative

Chapter 5 Participating co-operatives

Part 5.1 Introductory

456 What constitutes carrying on business

Part 5.2 Participating co-operatives carrying on business in this jurisdiction

457 Operation of participating co-operatives in this jurisdiction

458 Authorisation to carry on business in this jurisdiction

459 Authorisation to carry on business in this jurisdiction is subject to conditions and restrictions of participating jurisdiction

460 Ceasing to be authorised to carry on business in this jurisdiction

461 Withdrawal of authorisation to carry on business

462 Name of participating co-operative

463 Application of Law and National Regulations to participating co-operatives

Part 5.3 General

464 False copies of rules

465 False copy of documents

466 Restrictions on advertising and publicity—shares

467 Restrictions on advertising and publicity—debentures or CCUs

468 Registrar’s directions about obtaining financial accommodation

469 Name and place of origin to appear on business and other documents

Part 5.4 Winding up of participating co-operatives in this jurisdiction

470 Winding up to relate to activities in this jurisdiction

471 Supreme Court may order winding up

472 Application of Corporations Act—winding up of participating co-operatives in this jurisdiction

473 Outstanding property of participating co-operative

Part 5.5 Mergers and transfers of engagements affecting participating co-operatives

474 Definitions

475 Authority for merger or transfer of engagements

476 Requirements before application can be made

477 Disclosure statement required

478 Making an application

479 Approval of merger

480 Approval of transfer of engagements

481 Effect of merger or transfer of engagements

482 Part applies instead of certain other provisions of this Law

Chapter 6 Supervision and protection of co‑operatives

Part 6.1 Introductory

483 Application of Chapter

Part 6.2 Prevention of fraud and other activities

484 Falsification of books

485 Fraud or misappropriation

486 Offering or paying commission

487 Accepting commission

488 False statements in loan application etc

Part 6.3 Examining a person about a co-operative

489 Application of Corporations Act—court-directed examinations

Part 6.4 Supervision and inspection

490 Definitions

491 Co-operative includes subsidiaries, participating co-operatives and co-operative ventures

492 Appointment of inspectors

493 Registrar and investigators have functions of inspectors

494 Inspector’s identity card

495 Production or display of inspector’s identity card

496 Powers of inspector

497 Inspector’s appointment conditions

498 Entry of place

499 Consent to entry

500 Inspectors may require certain persons to appear, answer questions and produce documents

501 Powers of inspectors at place entered

502 Functions of inspectors in relation to relevant documents

503 Protection from incrimination

504 Warrants

505 Warrants—applications made otherwise than in person

506 Requirements before executing warrant

507 General powers after entering places

508 Power to seize evidence

509 Receipt for seized things

510 Return of seized things

511 Power to require name and address

512 False or misleading statements

513 Power to require production of documents

514 False or misleading documents

515 Obstruction of inspectors

516 Copies or extracts of records to be admitted in evidence

517 Privilege

518 Machinery and other provisions for warrants

Part 6.5 Inquiries

519 Definitions

520 Appointment of investigators

521 Powers of investigators

522 Examination of involved person

523 Privilege

524 Offences by involved person

525 Offences relating to documents

526 Record of examination

527 Report of investigator

528 Proceedings following inquiry

529 Admission of investigator’s report as evidence

530 Costs of inquiry

Part 6.6 Special meetings and inquiries

531 Application for special meeting or inquiry

532 Holding of special meeting

533 Expenses of special meeting or inquiry

534 Power to hold special inquiry into co-operative

535 Special meeting following inquiry

Chapter 7 Legal proceedings and other matters

Part 7.1 Offences, enforcement and remedies

536 Notice to be given of conviction for offence

537 Secrecy

538 False or misleading statements

539 Further offence for failure to do required act

540 Civil remedies

541 Order against person concerned with co-operative

542 Injunctions

543 Undertakings

544 Offence for contravention of undertaking

545 Enforcement order on application with consent of person giving undertaking

546 Enforcement orders after contravention of undertaking

547 Copy of undertaking

548 Registration of undertakings

549 Double jeopardy

550 Strict liability

551 Time limit for starting proceedings for offence

552 Authorisation to start proceedings for offence

Part 7.2 Civil consequences of contravening civil penalty provisions

553 Definitions

554 Declarations of contravention

555 Declaration of contravention is conclusive evidence

556 Pecuniary penalty orders

557 Compensation orders

558 Who may apply for a declaration or order

559 Time limit for application for a declaration or order

560 Civil evidence and procedure rules for declarations of contravention and civil penalty orders

561 Civil proceedings after criminal proceedings

562 Criminal proceedings during civil proceedings

563 Criminal proceedings after civil proceedings

564 Evidence given in proceedings for penalty not admissible in criminal proceedings

565 Relief from liability for contravention of civil penalty provision

566 Power to grant relief

567 Irregularities

568 Civil proceedings not to be stayed

569 Standard of proof

Part 7.3 Appeals and review

570 Operation of Part—appeal includes review

571 Appeal against refusal to approve draft rules

572 Appeal against refusal to approve disclosure statement

573 Appeal against refusal to register co-operative

574 Appeal against refusal to approve amendment of rules

575 Appeal against refusal to register amendment

576 Appeal against decision of Registrar about remuneration of liquidator

577 Appeal against notice that participating co-operative not authorised to carry on business in this jurisdiction

578 Provisions relating to appeals

Part 7.4 Proceedings in relation to co-operatives

579 Bringing, or intervening in, proceedings on behalf of co-operative

580 Applying for and granting leave

581 Substitution of another person for the person granted leave

582 Effect of ratification by members

583 Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave

584 General powers of Supreme Court

585 Power of Supreme Court to make costs orders

586 Power of Registrar to intervene in proceedings

Part 7.5 Evidentiary matters

587 Certificate of registration

588 Certificate evidence

589 Records kept by co-operatives

590 Minutes

591 Official certificates

592 The Registrar and proceedings

593 Rules

594 Co-operative’s registers

Chapter 8 General

Part 8.1 Administrative and other matters

595 Registrar of Co-operatives and other officials

596 Registrar’s functions

597 Functions conferred on Registrar under corresponding co-operatives laws

598 Delegation by Registrar

599 Register of co-operatives

600 Keeping of register of co-operatives

601 Inspection of register of co-operatives

602 Retention of records by Registrar

603 Disposal of records by Registrar

604 Filing of documents

605 Way of filing

606 Power of Registrar to refuse to register or reject documents

607 Approvals by Registrar

608 Information and evidence

609 Extension or shortening of time

Part 8.2 Service of documents

610 Service of documents on co-operative or participating co-operative