Part 8Grounds for certain actions

Part 8—Grounds for certain actions 455—Grounds for appointment of administrator, transfer of engagements or winding up of co‑operative (1) This section applies to the following actions: (a) the appointment of an administrator of a co‑operative by the Registrar under Division 3 of Chapter 4 Part 1; (b) a direction by the Registrar to a co‑operative to transfer its engagements under section 401; (c) the winding up of a co‑operative on a certificate of the Registrar under section 443. (2) The necessary grounds for taking action to which this section applies exist if the Registrar certifies— (a) the number of members is reduced to less than the minimum number of persons allowed by or under section 119; or (b) the co‑operative has not started business within one year of registration or has suspended business for more than 6 months; or (c) the registration of the co‑operative has been obtained by mistake or fraud; or (d) the co‑operative exists for an illegal purpose; or (e) the co‑operative has wilfully and after notice from the Registrar violated the provisions of this Law or the rules of the co‑operative; or (f) the board of the co‑operative has, after notice from the Registrar, failed to ensure the rules of the co‑operative contain active membership provisions required under Chapter 2 Part 6; or (g) there are, and have been for one month immediately before the date of the Registrar's certificate, insufficient directors of the co‑operative to form a quorum under the rules of the co‑operative; or (h) after an inquiry under this Law into the affairs of a co‑operative or the working and financial condition of a co‑operative—in the interests of members or creditors of the co‑operative or the public, the action concerned should be taken. (3) Alternatively, the necessary grounds for winding up a co‑operative on a certificate of the Registrar exist if the Registrar certifies— (a) the period (if any) fixed for the duration of the co‑operative by its rules has ended; or (b) an event (to be stated in the certificate) has occurred on the occurrence of which the National Regulations or the rules provide the co‑operative is to be wound up. (4) The Registrar must not certify under this section as to a matter unless the matter has been proved to the Registrar's satisfaction. Chapter 5—Participating co‑operatives 456—What constitutes carrying on business For the purposes of this Chapter and without limiting the definition of carry on business in section 4 in its application to a participating co‑operative, a participating co‑operative carries on business in this jurisdiction if it— (a) solicits for members in this jurisdiction; or (b) seeks share capital in this jurisdiction, takes deposits in this jurisdiction or offers other securities in the co‑operative in this jurisdiction (including the issue of CCUs and debentures). Part 2—Participating co‑operatives carrying on business in this jurisdiction 457—Operation of participating co‑operatives in this jurisdiction A participating co‑operative must not carry on business in this jurisdiction as a co‑operative unless it is authorised under this Part to do so. Maximum penalty: $24 000. 458—Authorisation to carry on business in this jurisdiction A participating co‑operative is, by this Law, authorised to carry on business in this jurisdiction unless it ceases to be so authorised under section 460. 459—Authorisation to carry on business in this jurisdiction is subject to conditions and restrictions of participating jurisdiction The authorisation of a participating co‑operative is subject to the same conditions or restrictions that apply to the carrying on of its business under its registration in the participating jurisdiction. 460—Ceasing to be authorised to carry on business in this jurisdiction A participating co‑operative ceases to be authorised to carry on business in this jurisdiction if— (a) it is deregistered or otherwise ceases to exist as a co‑operative under the laws of the place in which it is registered, incorporated or formed; or (b) its authorisation to carry on business in this jurisdiction is withdrawn under section 461. 461—Withdrawal of authorisation to carry on business (1) The Registrar may give written notice to a participating co‑operative requiring it to show cause (a show cause notice), within the period specified in the notice, why its authorisation to carry on business in this jurisdiction should not be withdrawn on any one or more of the following grounds: (a) that the name under which the co‑operative carries on business or proposes to carry on business in this jurisdiction does not comply with this Part; (b) that the co‑operative has, after notice from the Registrar, failed to comply with— (i) provisions of this Law or of a corresponding co‑operatives law applicable to the co‑operative; or (ii) provisions of the rules of the co‑operative; (c) that the co‑operative has contravened a direction given to it under section 468. (2) A show cause notice may be given if the Registrar is of the opinion that there are reasonable grounds to do so. (3) The show cause notice must specify the period, being at least 14 days, within which it must be complied with. (4) The participating co‑operative may, within the period specified in the show cause notice, make oral or written submissions to the Registrar and provide evidence with respect to any of the matters to which the notice relates. (5) The Registrar must consider any submissions made, or evidence adduced, within the period required by the show cause notice and may, if the Registrar is satisfied that any of the grounds referred to in subsection (1) have been established in relation to the participating co‑operative, give the co‑operative a written notice withdrawing its authorisation to carry on business in this jurisdiction. (6) The Registrar may withdraw a show cause notice or other notice given under this section. (7) The Registrar may, on application or otherwise, by notice given to a participating co‑operative, revoke the cancellation of its authorisation to carry on business in this jurisdiction. The co‑operative is taken to be authorised to carry on business in this jurisdiction on and from the date the notice is given to the co‑operative or a later date specified in the notice. 462—Name of participating co‑operative A participating co‑operative carrying on business in this jurisdiction must do so under a name that is not likely to be confused with the name of a body corporate or a registered business name. 463—Application of Law and National Regulations to participating co‑operatives (1) A participating co‑operative that is authorised to carry on business in this jurisdiction under this Chapter must comply with such provisions of this Law and the National Regulations as are prescribed by the National Regulations (including any modifications prescribed by the National Regulations). (2) The provisions referred to in subsection (1) are in addition to the provisions of this Chapter, and any other provisions of this Law or the National Regulations, that are expressed to apply to participating co‑operatives. For example, Chapter 6 Part 4 applies to a participating co‑operative. Part 3—General 464—False copies of rules (1) A person must not give to— (a) a member of a participating co‑operative; or (b) a person intending or applying to become a member of a participating co‑operative, a copy of any rules or any amendments of rules of the participating co‑operative, other than those that have been registered under the relevant corresponding co‑operatives law, representing that they are binding on the members of the participating co‑operative. (2) A person must not circulate a copy of any rules of a participating co‑operative after they have been registered under the relevant corresponding co‑operatives law if the copy contains amendments that have not been so registered and the person represents that they have been so registered when they have not been. 465—False copy of documents (1) A person who, in purported compliance with a provision of the relevant corresponding co‑operatives law that corresponds to section 122— (a) gives a person intending or applying to become a member of a participating co‑operative a document as a copy of— Section 464 deals with false copies of rules. (2) A person who, in purported compliance with a provision of the relevant corresponding co‑operatives law that corresponds to section 122— (a) makes available for inspection by a person intending or applying to become a member of a participating co‑operative a document as a copy of— 466—Restrictions on advertising and publicity—shares (cf Corporations Act section 734) an offer, or intended offer, of shares in a participating co‑operative that is a distributing co‑operative within the meaning of the relevant corresponding co‑operatives law of another jurisdiction unless— (c) a current disclosure statement relating to the shares is— (i) registered with the Registrar for the other jurisdiction under a provision of that corresponding co‑operatives law that corresponds to section 68; or (ii) lodged with that Registrar for registration under that provision; and (d) any other applicable requirements specified in the National Regulations for the purposes of this section are complied with. (2) Subsection (1) applies in relation to shares in a distributing co‑operative only if— (3) A person does not contravene subsection (1) by publishing an advertisement or statement if they publish it in the ordinary course of a business of— and the person did not know and had no reason to suspect that its publication would amount to a contravention of a provision of that subsection. 467—Restrictions on advertising and publicity—debentures or CCUs an offer, or intended offer, of debentures or CCUs in a participating co‑operative unless— (c) a disclosure statement relating to the debentures or CCUs is approved under a provision of the relevant corresponding co‑operatives law of another jurisdiction that corresponds to section 338 by the Registrar for the other jurisdiction; and (d) any other applicable requirements specified in the National Regulations for the purposes of this section are complied with. (2) A person does not contravene subsection (1) by publishing an advertisement or statement if they publish it in the ordinary course of a business of— and the person did not know and had no reason to suspect that its publication would amount to a contravention of a provision of that subsection. 468—Registrar's directions about obtaining financial accommodation (1) The Registrar may, by written notice served on a participating co‑operative, give a direction to the co‑operative as to the way in which it is to exercise its functions in relation to the activities of the co‑operative in obtaining financial accommodation in this jurisdiction. (2) A direction under subsection (1) may make provision for one or more of the following matters: (a) requiring the co‑operative to stop obtaining financial accommodation or to stop obtaining financial accommodation in a particular way; (b) requiring the co‑operative to repay in accordance with the direction all or part of financial accommodation obtained; (c) requiring the co‑operative to refinance in a stated way financial accommodation repaid in accordance with the Registrar's direction; (d) the way in which the co‑operative is permitted to invest or use the proceeds of financial accommodation it obtains. (3) The co‑operative may, within 28 days after the direction is given, apply to the designated tribunal for a review of the direction, and the designated tribunal may confirm, modify or rescind the direction or substitute another direction. 469—Name and place of origin to appear on business and other documents (1) A participating co‑operative must ensure its name, the jurisdiction of its registration and any other information prescribed by the National Regulations appear in legible characters— (a) on each seal of the co‑operative; and (b) in all notices, advertisements and other official publications of the participating co‑operative; and (c) in all its business documents. (2) An officer of a participating co‑operative or a person on its behalf must not— (a) use any seal of the co‑operative; or (b) issue or authorise the issue of a notice, advertisement or other official publication of the co‑operative; or (c) sign or authorise to be signed on behalf of the co‑operative any business document of the co‑operative, in or on which the co‑operative's name or place of origin does not appear in legible characters. (3) A director of a participating co‑operative must not knowingly authorise or permit a contravention of this section. business document of a participating co‑operative means a document that is issued, signed or endorsed by or on behalf of the co‑operative and is— (a) a business letter, statement of account, invoice or order for goods or services; or (b) a bill of exchange, promissory note, cheque or other negotiable instrument; or (c) a receipt or letter of credit issued by the co‑operative; or (d) a document of a class prescribed by the National Regulations as a class of business documents. Part 4—Winding up of participating co‑operatives in this jurisdiction 470—Winding up to relate to activities in this jurisdiction (1) This Part applies to the winding up of the affairs of a participating co‑operative in or in relation to this jurisdiction. (2) A participating co‑operative may be wound up under this Part even though it has been wound up or deregistered or has otherwise ceased to exist as a co‑operative under or because of the laws of the place in which it is registered, incorporated or formed. (3) This Part has effect in addition to, and not in derogation of, any other provisions of this Law or any other law with respect to the winding up of co‑operatives. 471—Supreme Court may order winding up (1) The Supreme Court may order the winding up of a participating co‑operative if— (a) the co‑operative's authorisation to carry on business in this jurisdiction has been withdrawn under this Law; or (b) the co‑operative has been deregistered or has ceased to exist as a co‑operative in the place in which it was registered, incorporated or formed or has ceased to carry on business in that place. (2) The Registrar may apply to the Supreme Court for the winding up of a participating co‑operative on any of the grounds referred to in subsection (1). (3) The Registrar must give a copy of an application made under this section to the participating co‑operative the subject of the application if it is still in existence. 472—Application of Corporations Act—winding up of participating co‑operatives in this jurisdiction (1) The winding up or deregistration of a participating co‑operative is declared to be an applied Corporations legislation matter for the purposes of the Corporations application legislation of this jurisdiction in relation to Parts 5.4B and 5.6 of the Corporations Act, subject to the following modifications: (a) a reference in those provisions of the Corporations Act to an application to wind up a company under section 464 or Part 5.4A is to be read as a reference to an application by the Registrar under Chapter 5 Part 4 of this Law; (b) a reference in those provisions to a winding up ordered by the court under a provision of Part 5.4A is a reference to a winding up ordered by the Supreme Court under Chapter 5 Part 4 of this Law; (c) a reference in those provisions to an order under a provision of Part 5.4A is a reference to an order under section 471 of this Law; (d) for the purposes of an application by the Registrar to wind up a participating co‑operative, those provisions apply, with such modifications as the circumstances require, as if a winding up application had been made by the co‑operative; (e) those provisions apply as if a ground specified in section 471 of this Law were a ground for winding up by the court specified in section 461 of the Corporations Act; (f) a reference in those provisions to an official liquidator is to be read as a reference to a person approved by the Registrar as a liquidator of a co‑operative; (g) sections 467(4) and (5), 480(d), 481(5)(b), 513B, 517, 518, 523 and 524 of the Corporations Act do not apply; (h) a reference in section 485(2) of the Corporations Act to persons entitled to any surplus is a reference to a person entitled to the surplus under section 473 of this Law; (i) section 516 of the Corporations Act is to be read as if "together with any charges payable by the member to the co‑operative in accordance with the rules" were inserted after "past member"; (j) Subdivision C of Division 6 of Part 5.6 of the Corporations Act does not apply; (k) a reference in Parts 5.4B and 5.6 of the Corporations Act to section 233 is to be read as a reference to Division 4 of Chapter 2 Part 5 of this Law; (l) those provisions of the Corporations Act are to be read subject to sections 121 and 450 of this Law for the purposes of determining the liability of members and past members to contribute on a winding up of a co‑operative; (m) the modifications referred to in section 13(3) of this Law so far as they are relevant. (2) The fact that a participating co‑operative has been deregistered or has ceased to exist as a co‑operative in the place in which it was registered, incorporated or formed does not affect the liability of a member or former member as a contributory on a winding up under this Part. 473—Outstanding property of participating co‑operative (1) This section applies if, after the winding up of a participating co‑operative in this jurisdiction, outstanding property of the co‑operative remains in this jurisdiction. (2) The estate and interest in the property, at law or in equity, of the participating co‑operative or its liquidator at that time, together with all claims, rights and remedies that the co‑operative or its liquidator then had in respect of the property, vest by force of this section in the person entitled to the property under the law of the place in which the co‑operative was registered, formed or incorporated. Part 5—Mergers and transfers of engagements affecting participating co‑operatives 474—Definitions appropriate Registrar, in relation to a proposed merger or transfer of engagements, means— (a) the local Registrar—if the merger is to result in a local co‑operative or the transfer is to a local co‑operative; or (b) the participating Registrar—if the merger is to result in a co‑operative under the co‑operatives law of the participating jurisdiction concerned or the transfer is to such a co‑operative; assets has the same meaning as it has in section 413; instrument has the same meaning as it has in section 413; liabilities has the same meaning as it has in section 413; local co‑operative means a co‑operative registered in this jurisdiction; original co‑operative means— (a) in the case of a transfer of engagements—the transferor co‑operative; or (b) in the case of a merger—each of the co‑operatives that are merging; rights has the same meaning as it has in section 413; successor co‑operative means— (a) in the case of a transfer of engagements—the transferee co‑operative; or (b) in the case of a merger—the co‑operative formed by the merger. 475—Authority for merger or transfer of engagements A local co‑operative and a participating co‑operative may consolidate all or any of their assets, liabilities and undertakings by way of merger or transfer of engagements approved under this Part. 476—Requirements before application can be made (1) Before a local co‑operative and a participating co‑operative can apply for approval under this Part of a merger or transfer of engagements, the proposed merger or transfer must have been approved by each of the co‑operatives— (a) by a special resolution passed by special postal ballot; or (b) if permitted by subsection (2), by a special resolution, or by a resolution of the board, of the co‑operative. (2) The proposed merger or transfer of engagements may be approved by special resolution, or by resolution of the board, of the co‑operative if— (a) the local Registrar consents to that procedure applying in the particular case; and (b) the participating Registrar also consents to that procedure applying in the particular case. (3) A consent referred to in subsection (2) may be granted subject to conditions, including any condition that a disclosure statement be provided to members or directors. (4) A co‑operative that contravenes a condition of a consent is taken not to have been given consent. 477—Disclosure statement required (1) A special resolution of the local co‑operative or participating co‑operative is not effective for the purposes of this Part unless this section has been complied with. (2) Each co‑operative must send to each of its members a disclosure statement approved by the appropriate Registrar specifying the following: (a) the financial position of the local co‑operative and the participating co‑operative as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement; (b) any interest that any officer of the local co‑operative or the participating co‑operative has in the proposed merger or transfer of engagements; (c) any compensation or other consideration proposed to be paid, or any other incentive proposed to be given, to any officer or member of the local co‑operative or participating co‑operative in relation to the proposed merger or transfer of engagements; (d) whether the proposal is a merger or transfer of engagements and the reason for the merger or transfer of engagements; (e) in the case of a transfer of engagements—whether it is a total or partial transfer of engagements; (f) in the case of a merger—whether the merged co‑operative will result in a local co‑operative or a co‑operative under the co‑operatives law of the participating jurisdiction concerned; (g) any other information that the appropriate Registrar directs. (3) The disclosure statement must be sent to the members of the local co‑operative or participating co‑operative so that it will in the ordinary course of post reach each member who is entitled to vote on the special resolution not later than— (a) if the resolution is to be decided at a meeting—21 days before the date of the meeting; or (b) if the resolution is to be decided by a postal ballot—21 days before the day on or before which the ballot papers must be returned by members voting in the ballot. (4) The appropriate Registrar may exempt the local co‑operative or participating co‑operative from complying with this section. (5) The appropriate Registrar may give an approval or an exemption under this section unconditionally or subject to conditions. 478—Making an application (1) An application for approval of a merger or transfer of engagements under this Part must be made to the local Registrar and, if the merger or transfer of engagements affects a participating co‑operative, to the participating Registrar in the manner and form required by the Registrar concerned. (2) An application for approval of a merger must be accompanied by— (a) 2 copies of the proposed rules of the merged co‑operative; and (b) any other information required by the Registrar to whom the application is made. 479—Approval of merger (1) If the local Registrar is the appropriate Registrar, he or she must approve a merger pursuant to an application under this Part if satisfied that— (a) this Part has been complied with in relation to the application; and (b) the proposed rules of the merged co‑operative are adequate; and (c) the certificate of registration of the local co‑operative has been surrendered to the local Registrar; and (d) the certificate of registration of the participating co‑operative has been surrendered to the Registrar for the participating jurisdiction concerned; and (e) there is no good reason why the merged co‑operative and its rules should not be registered. (2) If the local Registrar is not the appropriate Registrar, he or she must approve a merger pursuant to an application under this Part if satisfied that the merger has been approved under the provision of the co‑operatives law of the participating jurisdiction that corresponds with subsection (1). (3) On approving an application for merger, the local Registrar must— (a) cancel the registration of the local co‑operative involved in the merger; and (b) if the merger is to result in a local co‑operative, register the merged co‑operative and its rules and issue to it a certificate of registration under this Law. (4) A merger takes effect on the issue of the certificate of registration for the merged co‑operative (whether under this Law or under the co‑operatives law of the participating jurisdiction concerned). 480—Approval of transfer of engagements (1) If the local Registrar is the appropriate Registrar, he or she must approve a transfer of engagements pursuant to an application under this Part if satisfied that— (a) this Part has been complied with in relation to the application; and (b) the rules or proposed rules of the transferee co‑operative are adequate; and (c) in the case of a total transfer of engagements from a participating co‑operative—the certificate of registration of the participating co‑operative has been surrendered to the participating Registrar; and (d) there is no good reason why the transfer of engagements should not take effect. (2) If the local Registrar is not the appropriate Registrar, he or she must approve a transfer of engagements pursuant to an application under this Part if satisfied that the transfer has been approved under the provision of the co‑operatives law of the participating jurisdiction that corresponds with subsection (1). (3) A transfer of engagements takes effect on the day specified in the approval of the local Registrar. 481—Effect of merger or transfer of engagements (1) When a merger or transfer of engagements takes effect under this Part (the transfer day), the following provisions apply to the extent necessary to give effect to the merger or transfer: (a) persons who were members of the original co‑operative immediately before the transfer day are members of the successor co‑operative in accordance with its rules; (b) the assets of the original co‑operative vest in the successor co‑operative without the need for any conveyance, transfer, assignment or assurance; (c) the rights and liabilities of the original co‑operative become the rights and liabilities of the successor co‑operative; (d) all proceedings by or against the original co‑operative that are pending immediately before the transfer day are taken to be proceedings pending by or against the successor co‑operative; (e) any act, matter or thing done or omitted to be done by, to or in respect of the original co‑operative before the transfer day is (to the extent to which that act, matter or thing has any force or effect) to be taken to have been done or omitted by, to or in respect of the successor co‑operative; (f) a reference in an instrument or in any document of any kind to the original co‑operative is to be read as, or as including, a reference to the successor co‑operative. (2) The operation of this section is not to be regarded— (a) as a breach of contract or confidence or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities; or (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability. 482—Part applies instead of certain other provisions of this Law (1) This Part applies instead of Division 1 of Chapter 4 Part 3, in respect of the merger of a local co‑operative with a participating co‑operative. (2) This Part applies instead of Division 1 of Chapter 4 Part 3, in respect of a transfer of engagements between a local co‑operative and a participating co‑operative. Chapter 6—Supervision and protection of co‑operatives 483—Application of Chapter Parts 6.4—6.6 apply to this jurisdiction except to the extent (if any) that the Co‑operatives National Law Act of this jurisdiction provides otherwise, and with the modifications (if any) made by that Act. Part 2—Prevention of fraud and other activities 484—Falsification of books (1) Offence regarding securities or books (cf Corporations Act section 1307(1)) An officer, former officer, employee, former employee, member or former member of a co‑operative who engages in conduct that results in the concealment, destruction, mutilation or falsification of— (a) any securities of or belonging to the co‑operative; or (b) any books affecting or relating to affairs of the co‑operative; or (c) any record required to be sent, kept or delivered under this Law, (2) Offence—computerised and other books (cf Corporations Act section 1307(2)) Where matter that is used or intended to be used in connection with the keeping of any books affecting or relating to affairs of a co‑operative is recorded or stored in an illegible form by means of a mechanical device, an electronic device or any other device, a person who— (a) records or stores by means of that device matter that the person knows to be false or misleading in a material particular; or (b) engages in conduct that results in the destruction, removal or falsification of matter that is recorded or stored by means of that device, or has been prepared for the purpose of being recorded or stored, or for use in compiling or recovering other matter to be recorded or stored by means of that device; or (c) having a duty to record or store matter by means of that device, fails to record or store the matter by means of that device— (i) with intent to falsify any entry made or intended to be compiled, wholly or in part, from matter so recorded or stored; or (ii) knowing that the failure so to record or store the matter will render false or misleading in a material particular other matter so recorded or stored, (3) Defence (cf Corporations Act section 1307(3)) It is a defence to a charge arising under subsection (1) or (2) if the defendant proves that he, she or it acted honestly and that in all the circumstances the act or omission constituting the offence should be excused. 485—Fraud or misappropriation (a) by false representation or imposition obtain possession of any property of a co‑operative; or (b) having property of a co‑operative in his or her possession, withhold or misapply it or wilfully apply part of it to purposes other than purposes authorised by the rules of the co‑operative or this Law. (2) A person who is found guilty of an offence under subsection (1) must, if ordered to do so by the court, deliver up all the property and repay all money improperly applied. Maximum penalty (for subsection (2)): $6 000 or imprisonment for 6 months, or both. 486—Offering or paying commission A person must not offer or pay commission, fee or reward, whether pecuniary or otherwise, to an officer of a co‑operative in relation to a transaction or proposed transaction between the person and the co‑operative. 487—Accepting commission (1) An officer of a co‑operative must not accept a commission, fee or reward, whether pecuniary or otherwise, from a person in relation to a transaction or proposed transaction between the person and the co‑operative. (2) An officer of a co‑operative who is found guilty of an offence under subsection (1) is also liable to make good to the co‑operative double the value or amount of the commission, fee or reward. 488—False statements in loan application etc (1) A person must not in, or in relation to, an application, request, or demand for money made to or of a co‑operative— (a) give information or make a statement to the co‑operative or an officer, employee or agent of the co‑operative knowing it to be false or misleading in a material particular; or (b) proffer to the co‑operative or an officer, employee or agent of the co‑operative any information or statement provided by another person knowing it to be false or misleading in a material particular. (2) If a person is found guilty of an offence under subsection (1), a co‑operative from which money has been obtained by the person in relation to the commission of the offence may exercise all rights under a mortgage or other security given to it by the person to secure the repayment of money that it could exercise if there were a breach of a covenant or of a term of a contract by which the security was given. (3) The co‑operative may exercise the rights whether the mortgage or other security was executed by the person alone or by the person and another person or other persons. Part 3—Examining a person about a co‑operative 489—Application of Corporations Act—court‑directed examinations A co‑operative is declared to be an applied Corporations legislation matter for the purposes of the Corporations application legislation of this jurisdiction in relation to Division 1 of Part 5.9 of the Corporations Act, subject to the modifications referred to in section 13(3) of this Law so far as they are relevant. Part 4—Supervision and inspection 490—Definitions co‑operative venture means— (a) a corporation or unit trust formed by a co‑operative or in the formation of which a co‑operative participated; or (b) a partnership, joint venture or association of persons or bodies formed or entered into by a co‑operative; place includes all or part of a structure, building, aircraft, vehicle, vessel and place (whether built on or not); relevant documents means books or other documents relating to the promotion, formation, membership, control, transactions, dealings, business or property of a co‑operative. 491—Co‑operative includes subsidiaries, participating co‑operatives and co‑operative ventures A reference in this Part to a co‑operative includes a reference to each of the following: (a) a participating co‑operative; (b) a subsidiary of a co‑operative or participating co‑operative; (c) a co‑operative venture; (d) a co‑operative or participating co‑operative, or a subsidiary of either, or a co‑operative venture, that is in the course of being wound up or has been deregistered. 492—Appointment of inspectors The designated authority may appoint a person as an inspector under this Law if— (a) the designated authority considers the person has the necessary expertise or experience to be an inspector; or (b) the person has satisfactorily finished training approved by the designated authority. 493—Registrar and investigators have functions of inspectors The Registrar, and an investigator exercising functions under Chapter 6 Part 5, have and may exercise all the functions of an inspector and for the purpose are taken to be inspectors. 494—Inspector's identity card (1) The designated authority must give each inspector an identity card. (2) The identity card must— (a) contain a recent photo of the person; and (b) be signed by the person; and (c) identify the person as an inspector. (3) A person who stops being an inspector must return the person's identity card to the designated authority as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse. (4) This section does not prevent the giving of a single identity card to a person for this Law and other legislation or for other purposes. 495—Production or display of inspector's identity card (1) An inspector may exercise a power in relation to someone only if— (a) the inspector first produces the inspector's identity card for the other person's inspection; or (b) the inspector has the inspector's identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. 496—Powers of inspector (1) An inspector is subject to the directions of the Registrar. (2) The powers of an inspector may be limited— (a) under a local regulation; or (b) under a condition of appointment; or (c) by written notice given by the Registrar to the inspector. 497—Inspector's appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector— (a) if the appointment provides for a term of appointment—stops holding office at the end of the term; and (b) if the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office); and (c) may resign by signed notice of resignation given to the Registrar. (3) However, an inspector may not resign from the office under this Law (the secondary office) if a term of employment to the main office requires the person to hold the secondary office. 498—Entry of place (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) the entry is authorised by a warrant; or (c) it is a place at which the affairs or activities of a co‑operative are managed or conducted. (2) An inspector, without the occupier's consent or a warrant, may enter the land around the premises to ask its occupier for consent to enter the premises. 499—Consent to entry (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place. (2) Before asking for the consent, the inspector must inform the occupier— (a) of the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) that the occupier was informed— (i) of the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) that the occupier gives an inspector consent to enter the place and exercise powers under this Law or under or referred to in the Co‑operatives National Law Act of this jurisdiction; and (c) the time and date the consent was given. (5) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (6) If— (a) a question arises, in proceedings in or before the court, as to whether the occupier of a place consented to an inspector entering the place under this Law; and (b) an acknowledgment under this section is not produced in evidence for the entry; and (c) it is not proved the occupier consented to the entry, the court may presume the occupier did not consent. 500—Inspectors may require certain persons to appear, answer questions and produce documents (1) An inspector may, by notice in the approved form— (a) require a co‑operative to produce to the inspector at a time and place stated in the notice stated relevant documents relating to the co‑operative; and (b) require a person who is involved in the activities of a co‑operative to produce to the inspector at a time and place stated in the notice stated relevant documents relating to the co‑operative; and (c) require a person who is involved in the activities of a co‑operative— (i) to attend before the inspector at a time and place stated in the notice; and (ii) to answer questions put to the person by the inspector relating to the promotion, formation, membership, control, transactions, dealings, business or property of the co‑operative. (2) A person is considered to be involved in the activities of a co‑operative if the person— (a) is or has been an officer or employee of, or an agent, authorised deposit‑taking institution, Australian legal practitioner, auditor or other person acting in any capacity for, the co‑operative; or (b) has a relevant document relating to the co‑operative in the person's possession or control; or (c) was a party to the creation of a relevant document relating to the co‑operative. 501—Powers of inspectors at place entered An inspector has the following powers at a place the inspector is authorised to enter: (a) power to search for evidence of a contravention of this Law; (b) power to search for relevant documents and to require a person at the place to produce to the inspector any relevant document in the person's custody or under the person's control; (c) power to require a person at the place who is apparently involved in the management or conduct of the affairs or activities of a co‑operative to answer questions or provide information; (d) power to exercise the functions of an inspector under section 502 in relation to a relevant document found at the place or produced to the inspector. 502—Functions of inspectors in relation to relevant documents (1) An inspector has the following powers in relation to a relevant document found by an inspector at a place entered by the inspector or produced to the inspector under a requirement made under this Part— (a) power to take possession of the document or secure it against interference; (b) power to make copies of, or take extracts from, the document; (c) power to require a person who was party to the creation of the document to make a statement giving any explanation the person is able to give as to any matter relating to the creation of the document or as to any matter to which the document relates; (d) power to retain possession of the document for the period necessary to enable the document to be inspected, and copies of, or extracts from, the document to be made or taken. (2) While an inspector retains possession of a document, the inspector must permit a person who would be entitled to inspect the document were it not in the possession of the inspector to inspect the document at a reasonable time and make a copy of, or take extracts from, the document. (3) If an inspector takes possession of or secures against interference a relevant document and a person has a lien on the document, the inspector's actions do not prejudice the lien. 503—Protection from incrimination (1) A person is not excused from making a statement under a requirement under this Part on the ground the statement might tend to incriminate him or her. (2) However, if the person claims before making a statement that the statement might tend to incriminate him or her, the statement is not admissible in evidence against him or her in criminal proceedings, other than proceedings under this Part. (3) Except as provided by subsection (2), a statement made by a person in compliance with a requirement under this Part may be used in evidence in any criminal or civil proceedings against the person. 504—Warrants (1) An inspector may apply to the designated authority for a warrant to enter a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The designated authority may refuse to consider the application until the inspector gives the designated authority all the information the designated authority requires about the application in the way the designated authority requires. The designated authority may, for example, require additional information supporting the application to be given by statutory declaration. (4) The designated authority may issue the warrant only if satisfied there are reasonable grounds for suspecting— (a) the affairs or activities of a co‑operative are being managed or conducted at the place; or (b) there are relevant documents at the place; or (c) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Law; or (d) the evidence is at the place, or may be at the place, within the next 7 days. (5) The warrant must state— (a) that the inspector may, with reasonable and necessary help and force, enter the place and exercise the inspector's powers under this Law; and (b) the suspected offence (if any) for which the warrant was issued; and (c) any evidence that may be seized under the warrant; and (d) the hours when the place may be entered; and (e) the date, within 7 days after the warrant's issue, when the warrant ends. (6) A police officer may accompany an inspector executing a warrant issued under this section and may take all reasonable steps to assist in the exercise of the functions of the inspector under this Law. 505—Warrants—applications made otherwise than in person (1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the designated authority must immediately provide by fax or another form of communication a copy to the inspector if it is reasonably practicable to do so. (5) If it is not reasonably practicable to provide a copy to the inspector— (a) the designated authority must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (the warrant form) and write on it— (i) the designated authority's name; and (ii) the date and time the designated authority issued the warrant; and (iii) the warrant's terms. (6) The copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated by the warrant issued by the designated authority. (7) The inspector must, at the first reasonable opportunity, send the designated authority— (a) the sworn application; and (b) if the inspector completed a warrant form—the completed warrant form. (8) On receiving the documents, the designated authority must attach them to the warrant. (9) Subsection (10) applies to a court if— (a) a question arises, in proceedings in or before the court, whether a power exercised by an inspector was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence. (10) The court may presume the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved. 506—Requirements before executing warrant (1) Before executing a warrant, the inspector named in the warrant or a person assisting the inspector must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. (2) The inspector or a person assisting the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated. (3) If an occupier or another person who apparently represents the occupier is present at a place when a warrant is being executed, the inspector must— (a) identify himself or herself to the person by producing his or her identity card for inspection by the person; and (b) give to the person a copy of the execution copy of the warrant. 507—General powers after entering places (1) This section applies to an inspector who enters a place under this Part. (2) For the purpose of monitoring or enforcing compliance with this Law, the inspector may— (a) search any part of the place; or (b) examine, inspect, photograph or film anything at the place; or (c) copy a document at the place; or (d) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this Part; or (e) require a person in the place to give the inspector reasonable help to exercise the powers referred to in paragraphs (a)—(d). (3) A person required to give reasonable help under subsection (2)(e) must comply with the requirement, unless the person has a reasonable excuse. (4) If the help is required to be given to an inspector by— (a) answering a question; or (b) producing a document, other than a document required to be kept under this Law, it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person. 508—Power to seize evidence (1) An inspector who enters a place under this Part other than under a warrant may seize a thing in the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Law or the Co‑operatives National Law Act of this jurisdiction; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier. (2) An inspector who enters a place under this Part under a warrant may seize the evidence for which the warrant was issued. (3) An inspector may also seize anything else in a place referred to in subsection (1) or (2) if the inspector reasonably believes— (a) the thing is evidence of an offence against this Law or the Co‑operatives National Law Act of this jurisdiction; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. 509—Receipt for seized things (1) As soon as possible after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position. (3) The receipt must describe generally each thing seized and its condition. 510—Return of seized things (1) An inspector must return a seized thing to its owner at the end of— (a) 6 months; or (b) if proceedings for an offence involving it is started within the 6 months—the proceedings and any appeal from the proceedings. (2) Despite subsection (1), the inspector must return the seized thing to the person immediately the inspector stops being satisfied its retention as evidence is necessary. 511—Power to require name and address (1) This section applies if— (a) an inspector finds a person committing an offence against this Law or the Co‑operatives National Law Act of this jurisdiction; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Law or the Co‑operatives National Law Act of this jurisdiction. (2) The inspector may require the person to state the person's name and address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or address if the inspector reasonably suspects the stated name or address is false. (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. (6) A person does not commit an offence against subsection (5) if— (a) the person was required to state the person's name and address by an inspector who suspected the person had committed an offence against this Law or the Co‑operatives National Law Act of this jurisdiction; and (b) the person is not proved to have committed the offence referred to in paragraph (a). 512—False or misleading statements (1) A person must not state anything to an inspector the person knows is false or misleading in a material particular. (2) It is sufficient for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person's knowledge without stating which. 513—Power to require production of documents (1) An inspector may require a person to produce to the inspector, for inspection, a document this Law requires the person to hold or keep. (2) The person must produce the document, unless the person has a reasonable excuse for not producing it. (3) The inspector may keep a document that is produced— (a) to take an extract from the document; or (b) to make a copy of it. (4) The inspector must return the document to the person as soon as practicable after taking the extract or making the copy. 514—False or misleading documents (1) A person must not give to the Registrar or an inspector a document containing information the person knows is false or misleading in a material particular. (2) Subsection (1) does not apply to a person who, when giving the document— (a) tells the Registrar or inspector, to the best of the person's ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably get, the correct information—gives the correct information to the Registrar or inspector. (3) It is sufficient for a complaint against a person for an offence against subsection (1) to state the document was false, misleading or incomplete to the person's knowledge without stating which. 515—Obstruction of inspectors (1) A person must not obstruct an inspector, or a person helping an inspector, in the exercise of a power under this Law, unless the person has a reasonable excuse. (2) If a person obstructs an inspector in the exercise of a power under this Law and the inspector decides to exercise the power, the inspector must warn the person. (3) In warning the person, the inspector must tell the person— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person's conduct is an obstruction. (4) In this section— obstruct includes hinder and attempt to obstruct. 516—Copies or extracts of records to be admitted in evidence (1) In any legal proceedings (whether under this Law or otherwise), a copy of or extract from a record relating to affairs of a co‑operative is admissible in evidence as if it were the original record or the relevant part of the original record. (2) However, a copy of or extract from a record is not admissible in evidence under subsection (1) unless it is proved the copy or extract is a true copy of the record or of the relevant part of the record. (3) For the purposes of subsection (2), evidence that a copy of or extract from a record is a true copy of the record or of part of the record may be given either orally or by an affidavit or statutory declaration by a person who has compared the copy or extract with the record or the part of the record. 517—Privilege (1) An Australian legal practitioner is entitled to refuse to comply with a requirement under section 500 or 502 relating to a relevant document if— (a) the document contains a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner; or (b) the practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner. (2) The practitioner is not entitled to refuse to comply with the requirement to the extent he or she is able to comply with it without disclosing the privileged communication. (3) The practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the communication was made or (if the person is under administration under Part 5.3A of the Corporations Act, as applying under this Law, or in the course of being wound up) the administrator or the liquidator agrees to the practitioner complying with the requirement. (4) If the practitioner refuses to comply with the requirement, he or she must immediately give in writing to the Registrar— (a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the practitioner); and (b) sufficient particulars to identify the document containing the communication (if the communication was made in writing). 518—Machinery and other provisions for warrants It is intended that the Co‑operatives National Law Act of this jurisdiction may contain machinery and other provisions for applications for, the issue of, and the execution of, warrants. Part 5—Inquiries 519—Definitions affairs of a co‑operative includes— (a) the promotion, formation, membership, control, transactions, dealings, business and property of the co‑operative; and (b) loans made to the co‑operative; and (c) matters that are concerned with identifying people who are, or have been, financially interested in the success or failure, or apparent success or failure, of the co‑operative or who are, or have been, able to control or influence materially the policies of the co‑operative; and (d) the circumstances in which a person placed, withdrew or disposed of funds with, or loans to, the co‑operative; costs of an inquiry under this Part includes— (a) the expenses of, and incidental to, the inquiry; and (b) the expenses payable by the Registrar in proceedings instituted by the Registrar under this Part in the name of the co‑operative the subject of the inquiry; and (c) the part of the remuneration of a public sector official that the Minister decides is attributable to matters connected with the inquiry; involved person, in relation to an inquiry into the affairs of a co‑operative, means— (a) an officer of the co‑operative; or (b) a person who acts, or has at any time acted, as authorised deposit‑taking institution, Australian legal practitioner, auditor or actuary, or in another capacity, for the co‑operative; or (c) a person who has, or at any time had, in his or her possession property of the co‑operative; or (d) a person who is indebted to the co‑operative; or (e) a person who is capable of giving information relating to the affairs of the co‑operative; or (f) a person whom an investigator believes on reasonable grounds to be a person referred to in paragraphs (a)—(e). 520—Appointment of investigators (1) The designated authority may appoint a person or persons to hold an inquiry into the affairs of a co‑operative if the designated authority considers it is desirable to do so for the protection or otherwise in the interests of the public or of members or creditors of the co‑operative. (2) The designated authority may vary the terms of appointment of an investigator if the investigator agrees to the variation. (3) In the course of an inquiry into the affairs of a co‑operative, an investigator may inquire into the affairs of a subsidiary of the co‑operative that, if the subsidiary were the co‑operative, would be affairs of the co‑operative. (4) An inquiry into the affairs of a subsidiary of a co‑operative may be conducted as if the subsidiary were the co‑operative. 521—Powers of investigators (1) An investigator inquiring into the affairs of a co‑operative may, by giving an involved person a notice in the approved form, require the person— (a) to produce any document of which the person has custody or control and that relates to those affairs; or (b) to give the investigator all reasonable help in the inquiry; or (c) to appear before the investigator for examination on oath or affirmation. (2) An investigator may administer an oath or affirmation to an involved person given a notice under subsection (1). (3) An investigator may take possession of a document produced by an involved person under subsection (1) and retain it for the period the investigator decides is necessary for the inquiry. (4) While an investigator retains possession of a document, the investigator must permit a person who would be entitled to inspect the document were it not in the investigator's possession to inspect the document at any reasonable time and make a copy of, or take extracts from, the document. 522—Examination of involved person (1) An Australian legal practitioner acting for an involved person— (a) may attend an examination of the involved person by an investigator; and (b) may, to the extent the investigator permits, address the investigator and examine the involved person. (2) An involved person is not excused from answering a question asked by the investigator even if seeking to be excused on the ground of possible self‑incrimination. (3) If an involved person answers a question of an investigator after having claimed possible self‑incrimination by doing so, neither the question nor the answer is admissible in evidence in criminal proceedings other than— (a) proceedings under section 524 for giving a false or misleading answer to the question; or (b) proceedings on a charge of perjury in relation to the answer. (4) An involved person who attends for examination by an investigator is entitled to be paid the allowance and the expenses— 523—Privilege (1) An involved person who is an Australian legal practitioner is entitled to refuse to produce a document to an investigator if the document contains a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner. (2) The practitioner is not entitled to refuse to produce the document if the person by or on behalf of whom the communication was made or (if the person is under administration under Part 5.3A of the Corporations Act, as applying under this Law, or in the course of being wound up) the administrator or liquidator agrees to the practitioner producing the document. (3) If the practitioner refuses to comply with the requirement to produce a document, he or she must immediately give in writing to the investigator— (a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the practitioner); and (b) sufficient particulars to identify the document. 524—Offences by involved person (1) An involved person must not— (a) fail to comply with a lawful requirement of an investigator without showing reasonable cause for the failure; or (b) give an investigator information knowing the information to be false or misleading in a material particular; or (c) when appearing before an investigator— (i) make a statement knowing the statement to be false or misleading in a material particular; or (ii) fail to be sworn or to make an affirmation. (2) If an investigator considers a failure by a person to comply with a requirement of the investigator is an offence under subsection (1)(a), the investigator may certify the failure to the Supreme Court and the court may then— (a) order the involved person to comply with the requirement of the investigator within a stated period; or (b) instead of, or in addition to, making the order, punish the involved person as for a contempt of the Supreme Court if satisfied there was no lawful excuse for the failure to comply with the requirement of the investigator. 525—Offences relating to documents If an inquiry into the affairs of a co‑operative is being held under this Part, a person who— (a) conceals, destroys, mutilates or alters a document relating to the co‑operative; or (b) sends, or causes to be sent, out of this jurisdiction a document or other property belonging to, or under the control of, the co‑operative, commits an offence, unless it is established the person charged did not intend to defeat, delay or obstruct the inquiry. 526—Record of examination (1) Except as provided by section 522, a record of an examination may be used in proceedings against the person examined, but this does not preclude the admission of other written or oral evidence. (2) A person examined is, on written application made to the investigator, entitled to a free copy of the record of examination. (3) The Registrar may give an Australian legal practitioner a copy of a record of examination made by an investigator if the Registrar is satisfied the practitioner is conducting, or is in good faith contemplating, proceedings about affairs of the co‑operative to which the record relates. (4) An Australian legal practitioner must not— (a) use a copy of a record of examination otherwise than for the preparation for, institution of, or conduct of, proceedings; or (b) publish or communicate the record or part of it for another purpose. 527—Report of investigator (1) An investigator may, and if directed by the Registrar to do so must, make interim reports to the Registrar on any inquiry being held by the investigator. (2) As soon as practicable after the end of an inquiry, the investigator must report to the Registrar— (a) the opinion of the investigator in relation to the affairs of the co‑operative the subject of the inquiry; and (b) the findings on which the opinion is based. (3) An investigator's report may include a recommendation as to whether— (a) a direction should be given under section 530(3); or (b) an application should be made under section 530(4) or (5); or (c) both a direction should be given and an application should be made. (4) A report by an investigator may be accompanied by any document of which the investigator has taken possession after being produced under this Part, in which case the Registrar— (a) may retain the document for the period the Registrar considers necessary to decide whether proceedings should be instituted as a result of the inquiry; and (b) may retain the document for the further period the Registrar considers necessary to enable proceedings to be instituted and prosecuted; and (c) may permit the use of the document for proceedings instituted as a result of the inquiry; and (d) must permit inspection of the document by a person who would be entitled to inspect it if it were returned to its former custody; and (e) may permit inspection of the document by another person while it is in the possession of the Registrar, but only if the Registrar considers the person has an interest in the inquiry and, because of the interest, refusal of the inspection would be unjust. 528—Proceedings following inquiry (1) If proceedings are to be, or have been, instituted by the Registrar as a result of an inquiry under this Part, the Registrar may, by written notice, require a person who, in relation to the inquiry, was an involved person to give all the assistance in the proceedings the person is reasonably able to give. (2) The Supreme Court may, on the application of the Registrar, order a person to comply with a notice under subsection (1) if the person has failed to do so. (3) If the Registrar considers, as a result of an inquiry under this Part, proceedings should, in the public interest, be instituted by a co‑operative for the recovery of— (a) damages for fraud or other misconduct in the affairs of the co‑operative; or (b) property of the co‑operative, the proceedings may be instituted and prosecuted in the name of the co‑operative. 529—Admission of investigator's report as evidence (1) A document certified by the Registrar as being a copy of a report of an inquiry under this Part is admissible as evidence of any findings made by the investigator. (2) Subsection (1) does not authorise the admission of evidence that is inadmissible under section 522. 530—Costs of inquiry (1) The costs of an inquiry under this Part are to be paid out of money appropriated by the Legislature of this jurisdiction. (2) At the direction of the Minister, the Registrar must act under one or more of subsections (3), (4) and (5). (3) The Registrar may, by written notice given to a co‑operative, direct the co‑operative to pay to— (a) the Registrar, unless paragraph (b) applies; or (b) the entity prescribed by the Co‑operatives National Law Act of this jurisdiction for the purposes of this paragraph, all or part of the costs of an inquiry under this Part into the affairs of the co‑operative. (4) If proceedings are instituted by the Registrar under section 528 in the name of a co‑operative, the court may, in the course of the proceedings and on the application of the Registrar, order all or part of the costs of the inquiry that led to the proceedings be paid to the Registrar by a stated party to the proceedings. (5) If a person is convicted of an offence in proceedings certified by the Registrar to be the result of an inquiry into the affairs of a co‑operative, the court may, on the application of the Registrar made at the time of the conviction or within 14 days later, order the convicted person to pay to the Registrar all or part of the costs of the inquiry. (6) An order under this section must state— (a) the amount to be paid; and (b) the time or times for payment; and (c) the manner of payment. (7) An amount that has not been paid by a person in accordance with an order under this section is recoverable from the person by the Registrar as a debt. Part 6—Special meetings and inquiries 531—Application for special meeting or inquiry (1) The Registrar must, on the application of a majority of the members of the board or of not less than one‑third in number of the members of a co‑operative— (a) call a special meeting of the co‑operative; or (b) hold, or appoint an inspector to hold, an inquiry into the affairs of the co‑operative or of a subsidiary of the co‑operative. (2) An application must be supported by the evidence the Registrar directs to show the applicants have good reason for requiring the meeting or inquiry and the application is made without malicious motive. (3) Notice of the application must be given to the co‑operative as the Registrar directs. (4) The applicants must give security for the expenses of the meeting or inquiry as directed by the Registrar. 532—Holding of special meeting (1) The Registrar may direct the time and place at which a special meeting is to be held and the matters to be discussed and decided at the meeting. (2) The Registrar must give the notice to members of the holding of the special meeting that the Registrar considers appropriate (despite a provision in the rules of the co‑operative as to the giving of notice). (3) The special meeting has all the powers of a meeting called under the rules of the co‑operative and has power to appoint its own chairperson (despite a rule of the co‑operative to the contrary). (4) The Registrar or another person nominated by the Registrar may attend and address the meeting. 533—Expenses of special meeting or inquiry The expenses of and incidental to a meeting called or an inquiry held under this Part (including under section 534) must be defrayed in the proportions the Registrar directs— (a) by the applicants (if any); or (b) out of the funds of the co‑operative to which the meeting or inquiry related or whose subsidiary was the subject of the inquiry; or (c) by an officer, member, former officer or former member of the co‑operative. 534—Power to hold special inquiry into co‑operative The Registrar may without an application hold, or appoint an inspector to hold, an inquiry into the working and financial condition of a co‑operative or a subsidiary of a co‑operative. 535—Special meeting following inquiry (1) After an inquiry under this Part, the Registrar may call a special meeting of the co‑operative. (2) Sections 532 and 533 apply to the meeting. Chapter 7—Legal proceedings and other matters Part 1—Offences, enforcement and remedies 536—Notice to be given of conviction for offence If a co‑operative or an officer of a co‑operative is convicted of an offence against a provision of this Law or of a corresponding co‑operatives law, the co‑operative must, within 28 days after the conviction is recorded, give to each member of the co‑operative notice of— (a) the conviction; and (b) any penalty imposed; and (c) the nature of the offence. 537—Secrecy (1) A person who is, or at any time was, engaged in the administration of this Law or a former Act must not, other than as provided by this section, record, make use of or divulge information obtained in the course of the administration. (2) Subsection (1) does not apply to— (a) the recording, making use of or divulging of information in the course of the administration of this Law; or (b) the recording or making use of information for the purpose of divulging it as permitted by subsection (3) or (4); or (c) the divulging of information as permitted by subsection (3) or (4). (3) Information may be divulged— (a) for the purposes of criminal proceedings; or (b) for the purposes of proceedings under this Law or a corresponding co‑operatives law or of an inquiry authorised by legislation of this jurisdiction or of another jurisdiction; or (c) with the consent of the person to whom the information relates; or (d) under a requirement imposed under legislation of this jurisdiction or of another jurisdiction; or (e) under a reciprocal arrangement under sections 616 and 617. (4) Information may be divulged to— (a) the Minister; or (b) the Registrar or a participating Registrar; or (c) a person specified in the Co‑operatives National Law Act of this jurisdiction (subject to any conditions or limitations specified in that Act) for the purposes of this paragraph; or This paragraph is intended to cover the Treasurer, Auditor‑General, Independent Commission Against Corruption, etc. (d) the person who, under a law of this jurisdiction or another jurisdiction, administers a law of the jurisdiction that relates to taxation or the imposition of a duty; or (e) the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or (f) ASIC; or (g) a person nominated by a person referred to in paragraphs (a)—(f); or (h) a person seeking information under a reciprocal arrangement under section 616 or 617; or (i) a police officer exercising functions as a police officer; or (j) a person, to whom the Registrar considers it is in the public interest that the information be divulged. (5) For the purposes of this section, a person is, or was, engaged in the administration of this Law or a former Act if the person exercises, or at any time exercised, a function as— (a) the Registrar holding office under this Law or a former Act; or (b) an inspector appointed under this Law or a former Act; or (c) an investigator appointed under this Law or a former Act; or (d) a person appointed or employed for the purposes of this Law or a former Act. (6) In this section— divulge information means— (a) communicate the information orally; or (b) make available a document containing the information; or (c) make available anything from which, by electronic process or otherwise, the information may be obtained; or (d) communicate the information in another way; former Act means an Act specified in the Co‑operatives National Law Act of this jurisdiction for the purposes of this definition. 538—False or misleading statements (1) A person must not, in a document required for the purposes of this Law or filed with the Registrar, make, or authorise the making of, a statement knowing it to be false or misleading in a material particular. Maximum penalty: $12 000. (2) A person must not, from a document required for the purposes of this Law or filed with the Registrar, omit, or authorise the omission of, anything knowing that the omission makes the document false or misleading in a material particular. Maximum penalty: $12 000. (3) A person who, in a document required for the purposes of this Law or filed with the Registrar, makes, or authorises the making of, a statement that is false or misleading in a material particular commits an offence, unless it is proved that the person had taken reasonable precautions aimed at avoiding the making or authorising of false or misleading statements in the document. (4) If an omission makes a document required for the purposes of this Law or filed with the Registrar false or misleading in a material particular, a person who made or authorised the omission commits an offence, unless it is proved that the person had taken reasonable precautions aimed at avoiding the making or authorising of omissions that would make the document false or misleading. Maximum penalty (for subsection (4)): $6 000. 539—Further offence for failure to do required act (1) If a provision of this Law requires an act to be done, the obligation to do the act continues until the act is done— (a) even if the person has been convicted of an offence for the failure to do the act; and (b) even if the provision required the act to be done within a particular period or before a particular time and the period has ended or the time passed. (2) If a person is convicted of an offence (a primary conviction) for a failure to do an act (whether it is the first or a second or subsequent offence in relation to the failure) and the failure to do the act continues after the time of the conviction, the person commits a further offence for the continuing failure. (3) The further offence is constituted by the failure to do the act during the period (the further offence period) that starts with the primary conviction and ends when proceedings for the further offence are started or the act concerned is done (whichever happens first). (4) Proceedings for a further offence are taken to be started on the day the information or other initiating process for the further offence is laid or commenced or an earlier day stated in the information or process for the purpose. (5) The maximum penalty for the further offence is the penalty worked out by multiplying $50 by the number of days in the further offence period. 540—Civil remedies (1) If a co‑operative in making, guaranteeing or raising a loan or receiving a deposit contravenes this Law or a rule of the co‑operative, the civil rights and liabilities of the co‑operative or another person in relation to the recovery of the loan or deposit are not affected or prejudiced by the contravention, but the money becomes immediately payable. (2) The same remedies may be had for the recovery of the loan or deposit and for the enforcement of any security for it as if there had not been a contravention of this Law or the rules of the co‑operative. 541—Order against person concerned with co‑operative (cf Corporations Act section 598) (1) Subject to subsection (2), where, on application by an eligible applicant, the Supreme Court is satisfied that— (a) a person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to a co‑operative; and (b) the co‑operative has suffered, or is likely to suffer, loss or damage as a result of the fraud, negligence, default, breach of trust or breach of duty, the court may make such order or orders as it thinks appropriate against or in relation to the person (including either or both of the orders specified in subsection (3)) and may so make an order against or in relation to a person even though the person may have committed an offence in respect of the matter to which the order relates. (2) The Supreme Court must not make an order against a person under subsection (1) unless the court has given the person the opportunity— (a) to give evidence; and (b) to call witnesses to give evidence; and (c) to bring other evidence in relation to the matters to which the application relates; and (d) to employ, at the person's own expense, an Australian legal practitioner to put to the person, or to any other witness, such questions as the court considers just for the purpose of enabling the person to explain or qualify any answers or evidence given by the person. (3) The orders that may be made under subsection (1) against a person include— (a) an order directing the person to pay money or transfer property to the co‑operative; and (b) an order directing the person to pay to the co‑operative the amount of the loss or damage. (4) Nothing in this section prevents any person from instituting any other proceedings in relation to matters in respect of which an application may be made under this section. eligible applicant, in relation to a co‑operative, means— (b) a liquidator or provisional liquidator of the co‑operative; or (c) an administrator of the co‑operative; or (d) an administrator of a deed executed by the co‑operative under section 382; or (e) a person authorised in writing by the Registrar to make an application under this section in relation to the co‑operative. Section 561 provides that the Supreme Court must not make a declaration of contravention or a pecuniary penalty order against a person for a contravention if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention. 542—Injunctions (1) This section applies to conduct that constituted, constitutes or would constitute— (a) a contravention of this Law; or (b) attempting to contravene this Law; or (c) aiding, abetting, counselling or procuring a person to contravene this Law; or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Law; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Law; or (f) conspiring with others to contravene this Law. (2) On the application of— (b) a person whose interests have been, are or would be affected by conduct that another person has engaged in, is engaging in or is proposing to engage in, the Supreme Court, if satisfied that the conduct is conduct to which this section applies, may grant an injunction, on the terms the court considers appropriate, restraining a person from engaging in the conduct and, if the court considers it desirable to do so, requiring the person to do any act or thing. (3) If the Supreme Court considers it desirable to do so, the court may grant an interim injunction pending decision of the application. (4) The Supreme Court may discharge or vary an injunction granted under this section. (5) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and (b) whether or not the person has previously engaged in the conduct; and (c) whether or not there is an imminent danger of substantial damage to a person if the first‑mentioned person engages in the conduct. (6) The power of the Supreme Court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing; and (b) whether or not the person has previously refused or failed to do the act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do the act or thing. (7) If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person. 543—Undertakings (1) The Registrar may accept a written undertaking given by a person in connection with a matter relating to a contravention of this Law or where the Registrar has reasonable grounds to believe there may be a contravention of this Law. (2) Without limiting subsection (1), the Registrar may accept a written undertaking given by the person that the person will do either or both of the following: (a) refrain from conduct that constitutes a contravention of this Law; (b) take action to prevent or remedy a contravention of this Law. (3) The person may withdraw or vary an undertaking at any time, if the person has first obtained the consent of the Registrar. (4) The consent of the Registrar is required for the purposes of subsection (3) even if the undertaking purports to authorise a withdrawal or variation of the undertaking without that consent. (5) If the Registrar accepts an undertaking given by a person, the Registrar must not proceed against the person in respect of the conduct specified in the undertaking, unless it appears to the Registrar that the person has contravened the undertaking. (6) Subsection (5) does not apply to an application by the Registrar for an order under section 545. 544—Offence for contravention of undertaking A person who contravenes an undertaking accepted by the Registrar commits an offence. 545—Enforcement order on application with consent of person giving undertaking (1) The Registrar, with the consent of the person who gave an undertaking, may apply, at any time, to the designated tribunal for an order directing the person to comply with the undertaking. (2) On an application under subsection (1), the designated tribunal may by order direct the person to comply with the undertaking. (3) This section does not limit section 546. 546—Enforcement orders after contravention of undertaking (1) If the designated tribunal is satisfied, on the application of the Registrar, that a person has contravened an undertaking accepted by the Registrar, the tribunal may make any or all of the following orders: (a) an order prohibiting the person from engaging in specified conduct; (b) an order directing the person to take specified action to comply with the undertaking; (c) an order directing the person to pay to the Registrar an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the contravention of the undertaking; (d) any order that the tribunal considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the contravention of the undertaking; (e) any other order that the tribunal considers appropriate. (2) The designated tribunal may make an interim order under subsection (1)(a) pending final determination of the application. (3) The designated tribunal may, on the application of the Registrar or the person in respect of whom the order was made, vary or discharge an order under subsection (1)(a). (4) An order under subsection (1)(a) may be made subject to such conditions as the designated tribunal thinks appropriate. (5) The designated tribunal must not make an order under this section (other than an interim order) unless satisfied on the balance of probabilities that proper grounds for the order have been established. (6) If a co‑operative or other corporation is found to have contravened an undertaking, each officer of the co‑operative or other corporation is taken to have so breached the undertaking if the officer knowingly authorised or permitted the breach, and the court may make, against the officer, all or any of the orders specified in subsection (1) that the court thinks appropriate. 547—Copy of undertaking The Registrar must give a copy of an undertaking under section 543 to the person who gave the undertaking. 548—Registration of undertakings (1) The Registrar must register each undertaking in the register of co‑operatives. (2) The register of co‑operatives must include the following: (a) the name and address of the person who gave the undertaking; (b) the date of the undertaking; (c) a copy of the undertaking. (3) The Registrar may withhold information relating to an undertaking from inclusion in the register of co‑operatives if the Registrar is satisfied that— (a) the information consists of personal details of an individual not involved in a contravention or possible contravention to which the undertaking relates; or (b) the information is commercial‑in‑confidence; or (c) disclosure of the information would be against the public interest. Section 9 defines "involved" in a contravention. (4) If information is withheld under this section from inclusion in the register of co‑operatives, the register must include a statement that information has been withheld in relation to the undertaking concerned and of the grounds on which it has been withheld. (5) For the purposes of this section, information is commercial‑in‑confidence if— (a) its disclosure would place a person at a substantial commercial disadvantage in relation to present or potential contractual negotiations or arrangements; or (b) it is of a kind prescribed by the National Regulations as being commercial‑in‑confidence. 549—Double jeopardy If— (a) an act or omission constitutes an offence under this Law and under a co‑operatives law of a participating jurisdiction; and (b) the offender has been punished for that offence under the co‑operatives law of the participating jurisdiction, the offender is not liable to be punished for the offence under this Law. 550—Strict liability (1) If a provision of this Law that creates an offence provides that the offence is an offence of strict liability— (a) there are no fault elements for any of the physical elements of the offence; and (b) the defence of mistake of fact is available. (2) If a provision of this Law that creates an offence provides that strict liability applies to a particular physical element of the offence— (a) there are no fault elements for that physical element; and (b) the defence of mistake of fact is available in relation to that physical element. (3) The existence of strict liability does not make any other defence unavailable. (4) Subsections (1)—(3) do not apply in relation to an offence under the Corporations Act as applying under this Law. 551—Time limit for starting proceedings for offence Proceedings for an offence under this Law or the National Regulations may be started no later than 5 years after the alleged commission of the offence. 552—Authorisation to start proceedings for offence Proceedings for an offence under this Law or the National Regulations may be started only by the Registrar or a person authorised in writing by the Registrar to start the proceedings. Part 2—Civil consequences of contravening civil penalty provisions 553—Definitions (cf Corporations Act section 1317DA) civil penalty provision means a provision referred to in section 554; compensation order means an order under section 557; pecuniary penalty order means an order under section 556. 554—Declarations of contravention (cf Corporations Act section 1317E) (1) If the Supreme Court is satisfied that a person has contravened one of the following provisions, it must make a declaration of contravention: (a) section 192(1) (Care and diligence); (b) section 193(1) (Good faith); (c) section 193(2); (d) section 194(1) (Use of position); (e) section 194(2); (f) section 195(1) (Use of information); (g) section 195(3); (h) section 328(1) (Contravention by directors of provisions of Chapter 3 Part 3); (i) without limiting paragraph (h)— (i) section 315(1) of the Corporations Act (Deadline for reporting to members) as applying under section 285(2) or 328(1) of this Law; (ii) section 318 of the Corporations Act (Additional reporting by debenture issuers) as applying under section 288 or 328(1) of this Law; (j) any of the following provisions of the Corporations Act relating to debentures as applying under section 337 of this Law: (i) section 674(2) (Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules); (ii) section 674(2A); (iii) section 675(2) (Continuous disclosure—other disclosing entities); (iv) section 675(2A); (v) section 1041A (Market manipulation); (vi) section 1041B(1) (False trading and market rigging—creating a false or misleading appearance of active trading etc); (vii) section 1041C(1) (False trading and market rigging—artificially maintaining etc trading price); (viii) section 1041D (Dissemination of information about illegal transactions); (ix) section 1043A(1) (Prohibited conduct by person in possession of inside information); (x) section 1043A(2); (k) section 588G(2) of the Corporations Act (Director's duty to prevent insolvent trading by company) as applying under section 451 of this Law. (2) A declaration of contravention must specify the following: (a) the court that made the declaration; (b) the civil penalty provision that was contravened; (c) the person who contravened the provision; (d) the conduct that constituted the contravention. 555—Declaration of contravention is conclusive evidence (cf Corporations Act section 1317F) A declaration of contravention is conclusive evidence of the matters referred to in section 554(2). 556—Pecuniary penalty orders (cf Corporations Act section 1317G) (1) The Supreme Court may order a person to pay a pecuniary penalty of up to $200 000 if— (a) a declaration of contravention by the person has been made under section 554; and (b) the contravention— (i) materially prejudices the interests of the co‑operative or its members; or (ii) materially prejudices the co‑operative's ability to pay its creditors; or (iii) is serious. (2) A pecuniary penalty ordered to be paid in this jurisdiction is to be paid and treated in accordance with the Co‑operatives National Law Act of this jurisdiction. 557—Compensation orders (cf Corporations Act section 1317H) (1) Compensation for damage suffered The Supreme Court may order a person to compensate a co‑operative for damage suffered by the co‑operative if— (a) the person has contravened a civil penalty provision in relation to the co‑operative; and (b) the damage resulted from the contravention. The order must specify the amount of the compensation and may be made under this subsection whether or not a declaration of contravention has been made under section 554. (2) Damage includes profits In determining the damage suffered by the co‑operative for the purposes of making a compensation order, profits made by any person resulting from the contravention or the offence are to be included. (3) Recovery of damage A compensation order may be enforced as if it were a judgment of the Supreme Court. 558—Who may apply for a declaration or order (cf Corporations Act section 1317J) (1) The Registrar may apply for a declaration of contravention, a pecuniary penalty order or a compensation order. (2) The co‑operative may apply for a compensation order. (3) The co‑operative may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the co‑operative. The co‑operative is entitled to be heard on all matters other than whether the declaration or order should be made. (4) No person may apply for a declaration of contravention, a pecuniary penalty order or a compensation order unless permitted by this section. (5) It is intended that the Co‑operatives National Law Act of this jurisdiction may provide that subsection (4) does not exclude the operation of any specified law. (6) An application for a compensation order may be made whether or not a declaration of contravention has been made under section 554. 559—Time limit for application for a declaration or order (cf Corporations Act section 1317K) Proceedings for a declaration of contravention, a pecuniary penalty order, or a compensation order, may be started no later than 6 years after the contravention. 560—Civil evidence and procedure rules for declarations of contravention and civil penalty orders (cf Corporations Act section 1317L) The Supreme Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for— (a) a declaration of contravention; or (b) a pecuniary penalty order. 561—Civil proceedings after criminal proceedings (cf Corporations Act section 317M) The Supreme Court must not make a declaration of contravention or a pecuniary penalty order against a person for a contravention if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention. 562—Criminal proceedings during civil proceedings (cf Corporations Act section 1317N) (1) Proceedings for a declaration of contravention or pecuniary penalty order against a person are stayed if— (a) criminal proceedings are started or have already been started against the person for an offence; and (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention. (2) The proceedings for the declaration or order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration or order are dismissed. 563—Criminal proceedings after civil proceedings (cf Corporations Act section 1317P) Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether— (a) a declaration of contravention has been made against the person; or (b) a pecuniary penalty order has been made against the person; or (c) a compensation order has been made against the person; or (d) the person has been disqualified from managing a co‑operative under Division 2 of Chapter 3 Part 1. 564—Evidence given in proceedings for penalty not admissible in criminal proceedings (cf Corporations Act section 1317Q) Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if— (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order. 565—Relief from liability for contravention of civil penalty provision (cf Corporations Act section 1317S) eligible proceedings— (a) means proceedings for a contravention of a civil penalty provision, including— (i) proceedings under section 557 of this Law; and (ii) proceedings under section 588M or 588W of the Corporations Act as applying under this Law (see section 451); and (b) does not include proceedings for an offence, except so far as the proceedings relate to the question whether the Supreme Court should make an order under— (i) section 557 of this Law; or (ii) section 588K of the Corporations Act as applying under this Law (see section 451). (2) If— (a) eligible proceedings are brought against a person; and (b) in the proceedings it appears to the Supreme Court that the person has, or may have, contravened a civil penalty provision but that— (i) the person has acted honestly; and (ii) having regard to all the circumstances of the case (including, where applicable, those connected with the person's appointment as an officer, or employment as an employee, of a co‑operative), the person ought fairly to be excused for the contravention, the Supreme Court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention. (3) In determining under subsection (2) whether a person ought fairly to be excused for a contravention of section 588G of the Corporations Act as applying under this Law, the matters to which regard is to be had include, but are not limited to— (a) any action the person took with a view to appointing an administrator of the co‑operative; and (b) when that action was taken; and (c) the results of that action. (4) If a person thinks that eligible proceedings will or may be begun against them, they may apply to the Supreme Court for relief. (5) On an application under subsection (4), the court may grant relief under subsection (2) as if the eligible proceedings had been begun in the court. (6) For the purposes of subsection (2) as applying for the purposes of a case tried by a judge with a jury— (a) a reference in that subsection to the Supreme Court is a reference to the judge; and (b) the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate. (7) Nothing in this section limits, or is limited by, section 566. 566—Power to grant relief (cf Corporations Act section 1318) (1) If, in any civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity as such a person, it appears to the Supreme Court— (a) that the person is or may be liable in respect of the negligence, default or breach but that the person has acted honestly; and (b) that, having regard to all the circumstances of the case, including those connected with the person's appointment, the person ought fairly to be excused for the negligence, default or breach, the Supreme Court may relieve the person either wholly or partly from liability on such terms as the court thinks fit. (2) Where a person to whom this section applies has reason to apprehend that any claim will or might be made against the person in respect of any negligence, default, breach of trust or breach of duty in a capacity as such a person— (a) the person may apply to the Supreme Court for relief; and (b) the Supreme Court has the same power to relieve the person as it would have had under subsection (1) if it had been a court before which proceedings against the person for negligence, default, breach of trust or breach of duty had been brought. (3) Where a case to which subsection (1) applies is being tried by a judge with a jury, the judge after hearing the evidence may— (a) if he or she is satisfied that the defendant ought pursuant to that subsection to be relieved either wholly or partly from the liability sought to be enforced against the person, withdraw the case in whole or in part from the jury; and (b) forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge thinks proper. (4) This section applies to a person who is— (a) an officer or employee of a co‑operative; or (b) an auditor of a co‑operative, whether or not the person is an officer or employee of the co‑operative; or (c) an expert in relation to a matter— (i) relating to a co‑operative; and (ii) in relation to which the civil proceeding has been taken or the claim will or might arise; or (d) a receiver, receiver and manager, liquidator or other person appointed or directed by the Supreme Court to carry out any duty under this Law in relation to a co‑operative. 567—Irregularities (cf Corporations Act section 1322) (1) In this section, unless the contrary intention appears— (a) a reference to a proceeding under this Law is a reference to any proceeding whether a legal proceeding or not; and (b) a reference to a procedural irregularity includes a reference to— (i) the absence of a quorum at a meeting of a co‑operative, at a meeting of directors or creditors of a co‑operative, or at a joint meeting of creditors and members of a co‑operative; and (ii) a defect, irregularity or deficiency of notice or time. (2) A proceeding under this Law is not invalidated because of any procedural irregularity unless the Supreme Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the court and by order declares the proceeding to be invalid. (3) A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the accidental omission to give notice of the meeting or the non‑receipt by any person of notice of the meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (4) A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the inability of a person to access the notice of meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (5) If a member does not have a reasonable opportunity to participate in a meeting of members, or part of a meeting of members, held at 2 or more venues, the meeting will only be invalid on that ground if— (a) the Supreme Court is of the opinion that— (i) a substantial injustice has been caused or may be caused; and (ii) the injustice cannot be remedied by any order of the Supreme Court; and (b) the Supreme Court declares the meeting or proceeding (or that part of it) invalid. (6) Subject to the following provisions of this section but without limiting the generality of any other provision of this Law, the Supreme Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the court imposes: (a) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Law or in relation to a co‑operative is not invalid by reason of any contravention of a provision of this Law or a provision of the constitution of a co‑operative; (b) an order directing the rectification of any register kept by the Registrar under this Law; (c) an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a); (d) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Law or in relation to a co‑operative (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding, and may make such consequential or ancillary orders as the court thinks fit. (7) An order may be made under subsection (6)(a) or (c) notwithstanding that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence. (8) The Supreme Court must not make an order under this section unless it is satisfied— (a) in the case of an order referred to in subsection (6)(a)— (i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or (ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or (iii) that it is just and equitable that the order be made; and (b) in the case of an order referred to in subsection (6)(c)—that the person subject to the civil liability concerned acted honestly; and (c) in every case—that no substantial injustice has been or is likely to be caused to any person. 568—Civil proceedings not to be stayed (cf Corporations Act section 1331) No civil proceedings under this Law are to be stayed merely because the proceeding discloses, or arises out of, the commission of an offence. 569—Standard of proof (cf Corporations Act section 1332) Where, in proceedings other than proceedings for an offence, it is necessary to establish, or for the court to be satisfied, for any purpose relating to a matter arising under this Law, that— (a) a person has contravened a provision of this Law; or (b) default has been made in complying with a provision of this Law; or (c) an act or omission was unlawful by virtue of a provision of this Law; or (d) a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention of, or a default in complying with, a provision of this Law, it is sufficient if the matter referred to in paragraph (a), (b), (c) or (d) is established, or the court is so satisfied, as the case may be, on the balance of probabilities. Part 3—Appeals and review 570—Operation of Part—appeal includes review A reference in this Part to an appeal against a decision of the Registrar includes a reference to a review of the decision. 571—Appeal against refusal to approve draft rules (1) The person who submitted draft rules to the Registrar under section 23 may appeal to the designated tribunal against a decision of the Registrar to refuse to approve the rules. (2) A failure of the Registrar to approve draft rules is taken to be a decision of the Registrar to refuse to approve the rules. 572—Appeal against refusal to approve disclosure statement (1) The person who submitted a draft disclosure statement to the Registrar may appeal to the designated tribunal against a decision of the Registrar to refuse to approve the statement under this Law. See sections 25, 248, 338, 343, 397 and 477 concerning approval of disclosure statements. (2) A failure of the Registrar to approve a draft disclosure statement is taken to be a decision of the Registrar to refuse to approve the statement. 573—Appeal against refusal to register co‑operative (1) The applicants for registration of a proposed co‑operative may appeal to the designated tribunal against a decision of the Registrar to refuse to register the co‑operative under this Law. (2) A failure of the Registrar to register a co‑operative is taken to be a decision of the Registrar to refuse to register the co‑operative. 574—Appeal against refusal to approve amendment of rules (1) A co‑operative may appeal to the designated tribunal against a decision of the Registrar to refuse to approve an amendment of its rules under this Law. (2) A failure of the Registrar to approve an amendment of rules is taken to be a decision of the Registrar to refuse to approve the amendment. 575—Appeal against refusal to register amendment (1) A co‑operative may appeal to the designated tribunal against a decision of the Registrar to refuse to register an amendment of its rules under this Law. (2) A failure of the Registrar to register an amendment of rules is taken to be a decision of the Registrar to refuse to register the amendment. 576—Appeal against decision of Registrar about remuneration of liquidator (1) An applicant under section 449 for a review by the Registrar of the amount of the remuneration of a liquidator may appeal to the designated tribunal against the decision of the Registrar on the review. (2) A failure of the Registrar to undertake or complete a review is taken to be a decision of the Registrar not to vary the amount of the remuneration. 577—Appeal against notice that participating co‑operative not authorised to carry on business in this jurisdiction A participating co‑operative may appeal to the designated tribunal against a decision of the Registrar to give written notice to the co‑operative under section 461(5) withdrawing its authorisation to carry on business in this jurisdiction. 578—Provisions relating to appeals (1) An appeal is to be made in accordance with rules of the designated tribunal. (2) The designated tribunal may make any order it considers appropriate to dispose of an appeal under this Part. (3) The Registrar must comply with an order of the designated tribunal on an appeal under this Part. Part 4—Proceedings in relation to co‑operatives 579—Bringing, or intervening in, proceedings on behalf of co‑operative (1) Bringing or intervening in proceedings (cf Corporations Act section 236(1)) A person may bring proceedings on behalf of a co‑operative, or intervene in any proceedings to which a co‑operative is a party for the purpose of taking responsibility on behalf of the co‑operative for those proceedings, or for a particular step in those proceedings (for example, compromising or settling them), if— (a) the person is— (i) a member, former member, or person entitled to be registered as a member, of the co‑operative or of a related corporation; or (ii) an officer or former officer of the co‑operative; or (iii) the Registrar; and (b) the person is acting with leave granted under section 580. (2) Bringing proceedings in co‑operative's name (cf Corporations Act section 236(2)) Proceedings brought on behalf of a co‑operative may be brought in the co‑operative's name. 580—Applying for and granting leave (1) Applying for leave (cf Corporations Act section 237(1)) A person referred to in section 579(1)(a) may apply to the Supreme Court for leave to bring, or to intervene in, proceedings. (2) Granting leave (cf Corporations Act section 237(2)) The Supreme Court may grant the application if it is satisfied that— (a) it is probable the co‑operative will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them; and (b) the applicant is acting in good faith; and (c) it is in the best interests of the co‑operative that the applicant be granted leave; and (d) if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and (e) either— (i) at least 14 days before making the application, the applicant gave written notice to the co‑operative of the intention to apply for leave and the reasons for applying; or (ii) it is appropriate to grant leave even if subparagraph (i) is not satisfied. 581—Substitution of another person for the person granted leave (1) Applying for substitution (cf Corporations Act section 238(1)) Any of the following persons may apply to the Supreme Court for an order that the person be substituted for a person to whom leave has been granted under section 580: (a) a member, former member, or person entitled to be registered as a member, of the co‑operative or of a related corporation; (b) an officer, or former officer, of the co‑operative; (c) the Registrar. (2) Application may be made whether or not the applicant has already brought the proceedings or intervened The application may be made whether or not the applicant has already brought the proceedings or made the intervention. (3) Making the order (cf Corporations Act section 238(2)) The Supreme Court may make the order if it is satisfied that— (a) the applicant is acting in good faith; and (b) in all the circumstances, it is appropriate to make the order. (4) Effect of order (cf Corporations Act section 238(3)) An order substituting one person for another person has the effect that— (a) the grant of leave is taken to have been made in favour of the substituted person; and (b) if the other person has already brought the proceedings or intervened—the substituted person is taken to have brought those proceedings or to have made that intervention. 582—Effect of ratification by members (cf Corporations Act section 239) (1) A ratification or approval of conduct by members of a co‑operative— (a) does not prevent a person from bringing or intervening in proceedings with leave under section 580 or from applying for leave under that section; and (b) does not have the effect that proceedings brought or intervened in with leave under section 580 must be decided in favour of the defendant, or that an application for leave under that section must be refused. (2) The Supreme Court may take into account a ratification or an approval of the conduct by members of a co‑operative in deciding what order or judgment (including as to damages) to make in proceedings brought or intervened in with leave under section 580 or in relation to an application for leave under that section. (3) In taking a ratification or approval into account under subsection (2), the Supreme Court may have regard to— (a) how well informed about the conduct the members were when deciding whether to ratify or approve the conduct; and (b) whether the members who ratified or approved the conduct were acting for proper purposes. 583—Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave (cf Corporations Act section 240) Proceedings brought or intervened in with leave must not be discontinued, compromised or settled without the leave of the Supreme Court. 584—General powers of Supreme Court (1) Orders and directions (cf Corporations Act section 241(1)) The Supreme Court may make any orders, and give any directions, it thinks just in relation to proceedings brought or intervened in with leave, or in relation to an application for leave, including— (a) interim orders; and (b) directions about the conduct of the proceedings, including requiring mediation; and (c) an order directing the co‑operative, or an officer of the co‑operative, to do, or not to do, any act; and (d) an order appointing an independent person to investigate, and report to the court on— (i) the financial affairs of the co‑operative; or (ii) the facts or circumstances that gave rise to the cause of action the subject of the proceedings; or (iii) the costs incurred in the proceedings by the parties to the proceedings and the person granted leave. (2) Appointee entitled to inspect and copy books (cf Corporations Act section 241(2)) A person appointed by the Supreme Court under subsection (1)(d) is entitled, on giving reasonable notice to the co‑operative, to inspect and make copies of any books of the co‑operative for any purpose connected with the person's appointment. 585—Power of Supreme Court to make costs orders (cf Corporations Act section 242) At any time, the Supreme Court may, in relation to proceedings brought or intervened in with leave under section 580 or an application for leave under that section, make any order it thinks just about the costs of the person who applied for or was granted leave, the co‑operative or any other party to the proceedings or application, including an order requiring indemnification for costs. 586—Power of Registrar to intervene in proceedings (1) The Registrar may intervene in proceedings relating to a matter arising under this Law. (2) When the Registrar intervenes in proceedings, the Registrar is taken to be a party to the proceedings and, subject to this Law, has all the rights, duties and liabilities of a party to the proceedings. (3) The Registrar may appear and be represented in proceedings in which the Registrar wishes to intervene under this section— (a) by a person or body to whom the Registrar has delegated the Registrar's functions under this Law or the functions relating to a matter to which the proceedings relate; or (b) by a public sector official who is engaged in the administration of this Law; or (c) by an Australian legal practitioner. Part 5—Evidentiary matters 587—Certificate of registration (1) A certificate of registration of a co‑operative issued under this Law is evidence that the co‑operative is incorporated under this Law and that all the requirements of this Law for registration have been complied with. (2) This section does not affect a provision of this Law for the winding up or deregistration of the co‑operative or the cancellation of its registration. 588—Certificate evidence (1) If a function under this Law is conferred or imposed on the Registrar as a consequence of something being done or omitted to be done within a specified period, the Registrar may certify that— (a) the thing had or had not been done within that period; or (b) the thing had or had not been done by a specified date. (2) The Registrar may issue a certificate stating that a requirement of this Law specified in the certificate— (a) had, or had not, been complied with at a date or within a period specified in the certificate; or (b) had been complied with at a date specified in the certificate but not before the date. (3) The Registrar may issue a certificate stating that on a date specified in the certificate a body specified in the certificate was not or had ceased to be registered as a co‑operative under this Law. (4) A certificate given by the Registrar under this section is evidence of the matters stated in the certificate. 589—Records kept by co‑operatives (1) A record kept by a co‑operative under a requirement of this Law is admissible in evidence in proceedings and is evidence of a matter stated or recorded in the record. (2) A document purporting to be a record kept by a co‑operative is, unless the contrary is proved, taken to be a record kept by the co‑operative under a requirement of this Law. (3) A copy of an entry in a record regularly kept by a co‑operative in the course of its business is, if verified by statutory declaration of the secretary of the co‑operative to be a true copy of the entry, to be received in evidence in any case where and to the same extent as the original entry itself is admissible. 590—Minutes (1) Every entry in the minutes purporting to be a minute of the business transacted at a meeting of a co‑operative or of the board, and purporting to have been signed by the chairperson at a subsequent meeting, is evidence that the business recorded in the minute was transacted at the meeting and that the meeting was properly convened and held. (2) An entry in the minutes of a meeting of a co‑operative to the effect that a resolution was carried or carried unanimously, or was lost, is evidence of the fact without proof of the number or proportion of votes recorded for or against the resolution. 591—Official certificates (1) A certificate of registration given by the Registrar must be received in evidence as if it were the original certificate. (2) A certificate of registration or other official document relating to a co‑operative signed by or bearing the seal of the Registrar is to be received in evidence without further proof. (3) A copy of rules certified by the Registrar to be a true copy of the rules of a co‑operative is evidence of the registered rules of the co‑operative. 592—The Registrar and proceedings (1) Judicial notice must be taken of the signature or the fax of the signature (by whatever process it is produced) and seal of a person who holds or has held the office of Registrar, if the signature or fax signature or seal purports to be attached to a certificate or other official document. (2) This section extends to a copy of the rules of a co‑operative certified by the Registrar to be a true copy of its registered rules. (3) In proceedings, no proof is required (until evidence is given to the contrary) of the appointment of the Registrar or a former Registrar. 593—Rules A printed copy of the rules of a co‑operative verified by statutory declaration of the secretary of the co‑operative to be a true copy of its registered rules is, in proceedings, evidence of the rules. 594—Co‑operative's registers The register of directors and the register of members of a co‑operative are each evidence of the particulars directed or authorised under this Law to be inserted in the register. Chapter 8—General Part 1—Administrative and other matters 595—Registrar of Co‑operatives and other officials It is intended that the Co‑operatives National Law Act of this jurisdiction will provide for the appointment or designation of persons as the Registrar of Co‑operatives and other staff and for the protection of officials from liability in the exercise of their functions under this Law in relation to this jurisdiction. 596—Registrar's functions (1) Subject to this Law, the Registrar is responsible for the general administration of this Law, and has the functions expressed to be conferred or imposed on the Registrar under this Law. (2) The Registrar may have a seal of office. (3) The Registrar may enter into a written agreement with an entity to act as the agent of the Registrar in the carrying out of the Registrar's functions. 597—Functions conferred on Registrar under corresponding co‑operatives laws The Registrar or another person or body who has functions under this Law as applying in this jurisdiction may exercise any function conferred on the Registrar or other person or body by or under a corresponding co‑operatives law. 598—Delegation by Registrar (1) The Registrar may delegate to any person or body any of the Registrar's functions under this Law. (2) A delegate may sub‑delegate to another person or body any function delegated under this section if the delegate is authorised by the terms of the delegation to do so. 599—Register of co‑operatives (1) The Registrar is to maintain a register of co‑operatives. (2) The register is to record— (a) information or documents prescribed by the National Regulations relating to— (i) co‑operatives; and (ii) undertakings; and (b) information or documents relating to anything else— (i) that is required by this Law or the National Regulations to be recorded in the register; or (ii) that the Registrar considers should be recorded in the register for the purposes of this Law. 600—Keeping of register of co‑operatives (1) The register of co‑operatives is to be kept in accordance with arrangements approved by the Registrar. (2) The Registrar may correct any error or omission in the register of co‑operatives by— (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry, if the Registrar decides that the correction is necessary. (3) The Registrar must not omit an entry in the register of co‑operatives unless satisfied that the whole of the entry was included in error. 601—Inspection of register of co‑operatives (1) A person may— (a) inspect the register of co‑operatives on payment of the prescribed fee (if any); and (b) inspect documents kept by the Registrar relating to a co‑operative and prescribed by the National Regulations on payment of the prescribed fee (if any); and (c) obtain, on payment of the prescribed fee, an extract from the register of co‑operatives inspected under paragraph (a); and (d) obtain, on payment of the prescribed fee, a certified copy of a document that the person may inspect under paragraph (b); and (e) obtain, on payment of the prescribed fee, a copy of a document that the person may inspect under paragraph (b). (2) The local regulations may prescribe the manner in which, or the times and places at which, or both, a person may do any of the things referred to in subsection (1). (3) A person may pay a fee, in advance or in arrears, under an arrangement approved by the designated authority. (4) If a reproduction or transparency of a document or an extract of information contained in a document and recorded in the register is produced for inspection, a person is not entitled under subsection (1) to require the production of the original of the document. prescribed fee means the fee— 602—Retention of records by Registrar Subject to section 603, a document filed with, given to or registered by the Registrar under this Law must be kept in the office of the Registrar or at another place approved by the Registrar. 603—Disposal of records by Registrar Subject to any law relating to the retention and disposal of records (including any law specified for the purposes of this section in the Co‑operatives National Law Act of this jurisdiction), the Registrar may, if the Registrar considers it is no longer necessary or desirable for them to be retained, destroy or dispose of any of the following: (a) an annual report or balance sheet filed more than 7 years ago; (b) a document (other than the rules or a document affecting the rules of a co‑operative) filed, given or registered more than 15 years ago; (c) a document filed, given or registered in relation to a co‑operative that was deregistered or ceased to be registered more than 15 years ago; (d) a document of which a transparency or electronic image has been incorporated with a register kept by the Registrar or is otherwise kept in the office of the Registrar. 604—Filing of documents A document is not filed under this Law unless— (a) all information required to be provided in or with the document is provided; and (b) the fee (if any)— (i) prescribed by the National Regulations, except to the extent subparagraph (ii) applies; or (ii) prescribed by the local regulations, has been paid. 605—Way of filing (1) Subject to section 604, it is sufficient compliance with a requirement under this Law that a document be filed with the Registrar if the Registrar receives a copy of the document by fax or electronic transmission. (2) If the Registrar receives from a person a copy of a document under subsection (1), the Registrar may require the person to produce and file the original within the time specified by the Registrar. (3) If the person does not comply with a requirement of the Registrar within the specified time, the person is to be taken not to have filed the document. 606—Power of Registrar to refuse to register or reject documents (1) The Registrar may refuse to register or may reject a document submitted to the Registrar if the Registrar considers the document— (a) contains matter contrary to law; or (b) contains matter that is false or misleading in a material particular in the form or context in which it is included; or (c) because of an omission or misdescription, has not been properly completed; or (d) does not comply with the requirements of this Law; or (e) contains an error, amendment or erasure; or (f) has been submitted by electronic transmission in a form that is not readily or satisfactorily accessible by the Registrar. (2) If the Registrar refuses to register or rejects a document under subsection (1), the Registrar may ask that— (a) the document be appropriately amended; or (b) a fresh document be submitted in its place; or (c) if the document has not been properly completed—a supplementary document in the approved form be submitted. 607—Approvals by Registrar (1) This section applies to any provision of this Law imposing a requirement for the Registrar's approval of an action or thing. (2) The Registrar may indicate in writing to an applicant for the approval that the approval is taken to have been granted at the end of a specified period unless the Registrar informs the applicant in writing within the period that the approval has not been granted or is still being considered. (3) An approval is to be given or otherwise dealt with by designated instrument, except so far as provision is made under this Law or the local regulations for it to be given or otherwise dealt with in a different way. 608—Information and evidence (1) On an application for registration of a co‑operative or registration or approval of a rule or document under this Law, the Registrar may require from the applicant reasonable information and evidence to show the application should be granted. (2) The Registrar may require from a co‑operative reasonable information and evidence to show the co‑operative is genuinely carrying on business under the provisions of this Law. (3) The Registrar may require from a co‑operative evidence the Registrar considers appropriate of all matters required to be done and of the entries in a document required to be given to the Registrar under this Law. 609—Extension or shortening of time (1) The Registrar may grant an extension of, or may shorten, a time for doing anything required to be done by a co‑operative or participating co‑operative by this Law or by a co‑operative by the rules of the co‑operative on the terms (if any) the Registrar decides. (2) The Registrar may grant an extension of time even if the time for doing the thing has ended. Part 2—Service of documents 610—Service of documents on co‑operative or participating co‑operative (1) A document may be served on a co‑operative or participating co‑operative— (a) by posting it to the registered office of the co‑operative or participating co‑operative; or (b) by leaving it at the registered office of the co‑operative or participating co‑operative with a person who appears to be of or above the age of 16 years; or (c) by delivering a copy of the document personally to a director of the co‑operative or participating co‑operative who resides in Australia; or (d) if a liquidator or administrator of the co‑operative or participating co‑operative has been appointed—by post; or (e) if a liquidator or administrator of the co‑operative or participating co‑operative has been appointed by the Registrar— (i) if the liquidator or administrator (as the case may be) is registered with ASIC—by leaving it at the address of the office of the liquidator or administrator (as the case may be) in the most recent notice of that address lodged with ASIC; or (ii) if the liquidator or administrator (as the case may be) is not registered with ASIC—by leaving it at the address of the office of the liquidator or administrator (as the case may be) in the most recent notice of that address lodged with the Registrar; or (f) if a liquidator or administrator of the co‑operative or participating co‑operative has been appointed by someone else—by leaving it at the address of the office of the liquidator or administrator (as the case may be) in the most recent notice of that address lodged with ASIC. (2) For the purpose of serving a document under this section by post, it is properly addressed if it is addressed to the registered office of the co‑operative or participating co‑operative. (3) This section does not affect the operation of a provision of a law or of the rules of a court authorising a document to be served on a co‑operative or a participating co‑operative in another way. 611—Service on member of co‑operative (1) A notice required under this Law to be given to a member of a co‑operative must be in writing. (2) A notice or other document required under this Law to be given to a member of a co‑operative may be given— (a) personally; or (b) by post; or (c) by publishing the notice in a newspaper circulating generally in this jurisdiction or in the area served by the co‑operative, if— (i) the co‑operative is a non‑distributing co‑operative; and (ii) the member's whereabouts are unknown to the co‑operative; and (iii) the Registrar permits notice to be given to members of the co‑operative in that way. (3) This section does not limit any provision of this Law, or of legislation or rules of court of this jurisdiction, that provides for the service of notices. Part 3—Co‑operatives National Regulations 612—Power to make Co‑operatives National Regulations (1) For the purposes of this section, the designated authority is the Governor of the State of New South Wales, or other person for the time being administering the Government of that State, acting with the advice of the Executive Council of that State and on the recommendation of the Ministerial Council. (2) The designated authority may make regulations for the purposes of this Law, which are to be known as the Co‑operatives National Regulations and are referred to in this Law as the National Regulations. (3) In particular, the National Regulations may make provision for or with respect to the following: (a) the making of applications for the exercise of a power by the Registrar; (b) how to file documents with the Registrar, including electronic filing and filing by fax; (c) fees to be paid in relation to the administration of this Law, including— (i) fees for the filing of a document under this Law; and (ii) additional fees for late filing of a document under this Law; (d) any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law. (4) Regulations relating to fees— (a) may prescribe different fees for different classes of cases; and (b) may authorise the waiver, reduction or refund of fees in particular cases or classes of cases. (5) The National Regulations may create offences and impose penalties of not more than $2 000 for an offence. 613—National Regulations for savings or transitional matters (1) The National Regulations may contain provisions of a savings or transitional nature consequent on the enactment of legislation setting out, applying or amending this Law. (2) Any such provision may, if the National Regulations so provide, take effect retrospectively. (3) To the extent to which any such provision takes effect retrospectively, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than an authority of a jurisdiction), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than an authority of a jurisdiction) in respect of anything done or omitted to be done before the date of its publication. 614—Publication and commencement of National Regulations (1) The National Regulations are to be published on the NSW legislation website. (2) A National Regulation commences on the day or days specified in, or ascertained in accordance with, the regulation for its commencement (being not earlier than the date it is so published), but this subsection does not prevent a regulation taking effect retrospectively where permitted under this Law. Part 4—Miscellaneous 615—Disclosure statements A disclosure statement under this Law may only include a statement by a person, or a statement said in the disclosure statement to be based on a statement by a person, if— (a) the person has consented to the statement being included in the disclosure statement in the form and context in which it is included; and (b) the disclosure statement states that the person has given this consent; and (c) the person has not withdrawn this consent before the disclosure statement is approved by, or registered with, the Registrar. 616—Supply of information between jurisdictions (1) The Registrar must, at the request of a participating Registrar, give free of charge to the participating Registrar information, or copies of documents, held by the Registrar relating to a co‑operative or a participating co‑operative. (2) The Registrar may request a participating Registrar to give the Registrar information, or copies of documents, held by the participating Registrar relating to a co‑operative or a participating co‑operative. (3) Subsections (1) and (2) apply regardless of whether a reciprocal arrangement referred to in section 617 exists and regardless of the terms of such an arrangement. 617—Supply of information under reciprocal arrangements (1) If a reciprocal arrangement (see subsection (2)) with another jurisdiction or country is in force, the Registrar— (a) may, at the request of the appropriate official of the other jurisdiction or country, give to the official information, or copies of documents, held by the Registrar relating to a co‑operative or a participating co‑operative; and (b) may request the appropriate official of the other jurisdiction or country to give the Registrar information, or copies of documents, held by the official relating to an organisation that, under the arrangement, is an organisation corresponding to a co‑operative or a participating co‑operative, in accordance with the terms of the arrangement. (2) A reciprocal arrangement with another jurisdiction is an arrangement made between the Minister and a representative of the government of the other jurisdiction or country under which it is agreed— (a) that the Registrar will comply with a request referred to in subsection (1)(a); and (b) that a request made by the Registrar to an official designated in the arrangement as the appropriate official for the purposes of subsection (1)(b) will be complied with. 618—Translations of documents A requirement imposed under this Law to give, file or submit a document or make a document available for inspection is, in the case of a document that is not in the English language, taken to include a requirement that a translation of the document be given, filed, submitted or made available for inspection at the same time. 619—Qualified privilege (1) If this Law provides that a person has qualified privilege for an act, matter or thing, the person, in relation to the act, matter or thing— (a) has qualified privilege in proceedings for defamation; and (b) is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person. (2) In subsection (1)— malice includes ill‑will to the person concerned or any other improper motive. (3) Neither this section nor a provision of this Law that provides as referred to in subsection (1) limits or affects any right, privilege or immunity a person has, apart from this section or that type of provision, as a defendant in proceedings for defamation. 620—Stamp duty and registration fees It is intended that the Co‑operatives National Law Act of this jurisdiction may provide for documents or instruments executed or registered for specified purposes in connection with this Law are not liable to stamp duty or to registration fees, or both, under any Act for registration. 621—Procedures regarding giving of exemptions The local regulations may make provision for or with respect to the procedure for the giving of exemptions that are provided for under this Law. 622—Approval of forms The designated authority may approve forms for use under this Law. 623—Exclusion of bodies It is intended that the Co‑operatives National Law Act of this jurisdiction may provide that this Law or specified provisions of this Law do not apply to specified bodies or specified classes of bodies. 624—Savings and transitional provisions