Co-operatives National Law (South Australia) Act 2013
Sch 4contains miscellaneous provisions relating to the interpretation of this Law.
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Schedule 4 contains miscellaneous provisions relating to the interpretation of this Law. 6—References to regulations where National Regulations are not applied (1) This section applies where the Co‑operatives National Law Act of a jurisdiction does not provide that the National Regulations apply as regulations for the purposes of this Law as applying in that jurisdiction. (2) A reference in this Law as applying in that jurisdiction to National Regulations is taken to be a reference to regulations made under that Act that are the same or substantially the same as the National Regulations. 7—Corresponding co‑operatives law (1) This section determines what (if any) law of another jurisdiction is a corresponding co‑operatives law for the purposes of this Law. (2) If this Law applies as a law of the other jurisdiction (whether with or without modification), this Law as so applying is a corresponding co‑operatives law for the purposes of this Law. (3) If this Law does not apply as a law of the other jurisdiction, a law of the other jurisdiction is a corresponding co‑operatives law for the purposes of this Law if the National Regulations declare that the law substantially corresponds to the provisions of this Law. 8—Co‑operatives National Law Act of this jurisdiction (1) It is intended that this Law will or may be supplemented by provisions of the Co‑operatives National Law Act of this jurisdiction where an intention of supplementation (however expressed) is indicated in this Law, including provisions designating— (a) a person or body to be a designated authority; or (b) an instrument or document to be a designated instrument; or (c) a court or tribunal to be a designated tribunal, for the purposes of particular provisions of this Law. Other provisions of this Law express the intention that the Co‑operatives National Law Act of this jurisdiction will or may provide for particular matters. (2) It is also intended that the National Regulations will or may be supplemented by provisions of the local regulations where an intention of supplementation is indicated in the National Regulations. 9—Involvement in contraventions (cf Corporations Act section 79) A person is involved in a contravention if, and only if, the person— (a) has aided, abetted, counselled or procured the contravention; or (b) has induced, whether by threats or promises or otherwise, the contravention; or (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) has conspired with others to effect the contravention. Part 3—The co‑operative principles 10—Co‑operative principles The co‑operative principles are the following principles: 1 Voluntary and open membership Co‑operatives are voluntary organisations, open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination. 2 Democratic member control Co‑operatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions. Men and women serving as elected representatives are accountable to the membership. In primary co‑operatives members have equal voting rights (1 member, 1 vote) and co‑operatives at other levels are organised in a democratic way. 3 Member economic participation Members contribute equitably to, and democratically control, the capital of their co‑operative. At least part of the capital is usually the common property of the co‑operative. They usually receive limited compensation (if any) on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes: (a) developing the co‑operative, possibly by setting up reserves, part of which at least would be indivisible; (b) benefiting members in proportion to their transactions with the co‑operative; (c) supporting other activities approved by the membership. 4 Autonomy and independence Co‑operatives are autonomous, self‑help organisations controlled by their members. If they enter into agreements with other organisations, including governments, or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co‑operative autonomy. 5 Education, training and information Co‑operatives provide education and training for their members, elected representatives, managers and employees so they can contribute effectively to the development of their co‑operatives. They inform the general public, particularly young people and opinion leaders, about the nature and benefits of co‑operation. 6 Co‑operation among co‑operatives Co‑operatives serve their members most effectively and strengthen the co‑operative movement by working together through local, national, regional and international structures. 7 Concern for the community While focusing on member needs, co‑operatives work for the sustainable development of their communities through policies accepted by their members. The co‑operative principles are those adopted by the International Co‑operative Alliance. 11—Interpretation to promote co‑operative principles In the interpretation of a provision of this Law, a construction that would promote the co‑operative principles is to be preferred to a construction that would not promote the co‑operative principles. Part 4—The Corporations legislation