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)".
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.
| 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