Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• appoint
• body
• contravene
• Corporations Act
• domestic partner
• exercise
• function
• reviewable decision notice.
"active member", of a cooperative—see section 115.
"active membership provisions"—see section 116 (1).
"active membership resolution"—see section 116 (2).
"administrator", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"affairs", for division 15.2 (Inquiries)—see section 403 (Definitions for div 15.2).
"agreement" means an agreement, arrangement or understanding—
(a) whether formal or informal or partly formal and partly informal; and
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.
"alter", in relation to the rules of a cooperative, includes add to, substitute and rescind.
"appropriate registrar", for division 14.3 (Mergers and transfers of engagements)—see section 379 (Definitions for div 14.3).
"associate"—see schedule 1 (Associates and relevant interests), part 1.1 (Associates).
"association" means an association registered under this Act.
"board" means the board of directors of a cooperative, and includes a committee of management of a cooperative.
"chargee", for schedule 3 (Charges), division 3.2.5 (Certain charges void)—see schedule 3, section 3.32 (Definitions for div 3.2.5)
"charges register", for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3).
"company"—see the Corporations Act, section 9.
"component cooperative" means a member of an association.
"compulsory acquisition notice", for division 13.3 (Acquisition of shares of dissenting shareholders)—see section 355 (1).
"control—"
(a) for division 9.7 (Financial statements, reports and audit)—see section 239; and
(b) for schedule 1 (Associates and relevant interests), part 1.2 (Relevant interests)—see schedule 1, section 1.6 (Interpretation of pt 1.2).
"control day", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"controller", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"controlling interest", for schedule 1 (Associates and relevant interests), part 1.2 (Relevant interests)—see schedule 1, section 1.6 (Interpretation of pt 1.2).
"convicted", of an offence, includes found guilty of the offence.
"conviction" includes a finding of guilty.
"cooperative"—
(a) means a body registered under this Act as a cooperative, and includes an association or federation; and
(b) for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3); and
(c) for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"cooperative principles" means the principles set out in section 8.
"cooperatives law", for part 14 (Foreign cooperatives)—see section 365 (Definitions for pt 14).
"cooperatives register" means the register of cooperatives kept by the registrar under section 432.
"cooperative venture", for division 15.1 (Supervision and inspection)—see section 388 (Definitions for div 15.1).
"Corporations legislation"—see the Corporations Act, section 9.
"costs", for division 15.2 (Inquiries)—see section 403 (Definitions for div 15.2).
"critical day", for schedule 3 (Charges), division 3.2.4 (Certain charges void against liquidator or administrator)—see schedule 3, section 3.26 (Definitions for div 3.2.4).
"daily newspaper", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"debenture" means a document issued by a cooperative that evidences or acknowledges indebtedness of the cooperative in relation to money that is or may be deposited with or lent to the cooperative, whether constituting a charge on property of the cooperative or not, and includes a unit of a debenture, but does not include—
(a) a cheque, order for the payment of money or bill of exchange; or
(b) a promissory note having a face value of not less than $50 000; or
(c) any other document prescribed by regulation as exempt from this definition.
"deed of arrangement" means a deed of arrangement executed under the Corporations Act, part 5.3A (Administration of a company's affairs with a view to executing a deed of company arrangement) as applied by this Act or such a deed as varied and in force from time to time.
"deposit-taking cooperative" means a cooperative that is permitted under section 260 (2) to accept money on deposit.
"deregistration" means deregistration under this Act.
"director", of a cooperative, includes—
(a) a person who occupies or acts in the position of a director or member of the board of a cooperative, whether or not the person is called a director and whether or not the person is validly appointed or properly authorised to act in the position; and
(b) a person in accordance with whose directions or instructions the directors or members of the board of directors of the cooperative are accustomed to act.
"dissenting shareholder", for division 13.3 (Acquisition of shares of dissenting shareholders)—see section 353 (Definitions for div 13.3).
"document of title", for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3).
"doing", of an act and for division 3.2 (Non-application of doctrine of ultra vires)—see section 38.
"entity", for division 9.7 (Financial statements, reports and audit)—see section 239.
"excluded shares", for division 13.3 (Acquisition of shares of dissenting shareholders)—see section 353 (Definitions for div 13.3).
"failure", of the registrar to do an act, means failure to do the act within a reasonable time.
"federation" means a federation registered under this Act.
"financial records"—see the Corporations Act, section 9.
"financial report"—see the Corporations Act, section 9.
"financial statement"—see the Corporations Act, section 9.
"foreign cooperative "means a corporation registered, incorporated or formed under, or subject to, a law in force outside the ACT (including outside Australia) that regulates cooperatives or entities having attributes the same as or similar to cooperatives, but does not include—
(a) an entity registered under the Corporations Act; or
(b) an authorised deposit-taking institution or a foreign ADI within the meaning of the Banking Act 1959 (Cwlth).
"inspector" means a person appointed as an inspector under section 390.
"interest", for division 4.3 (Death of member)—see section 78.
"investigator" means a person appointed as an investigator under section 404.
"involved person", for division 15.2 (Inquiries)—see section 403 (Definitions for div 15.2).
"legal capacity", for division 3.2 (Non-application of doctrine of ultra vires)—see section 38.
"listed corporation"—see the Corporations Act, section 9.
"managing controller", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"marketable securities"—see Corporations Act, section 9.
"member", for division 4.5 (Oppressive conduct of affairs)—see section 85.
"model rules" means the model rules approved by the registrar under section 106.
"mortgage" includes a lien, charge or other security over property.
"national newspaper", for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"new body"—
(a) for division 12.2 (Transfer of registration or incorporation)—see section 306 ; and
(b) for division 12.6 (Effect of merger, transfer of engagements and transfer of incorporation)—see section 333 (2) (How div 12.6 applies to merger), section 334 (2) (How div 12.6 applies to transfer of engagements) and section 335 (2) (How div 12.6 applies to transfer of incorporation).
"nonparticipating cooperative", for part 14 (Foreign cooperatives)—see section 365 (Definitions for pt 14).
"non-trading cooperative" means a cooperative that complies with section 18.
"notice"—
(a) means written notice; and
(b) for schedule 3 (Charges), part 3.3 (Order of priority)—see schedule 3, section 3.46 (Constructive notice of charge).
obtaining financial accommodation, for division 10.1 (Power to raise money)—see section 258.
"officer"—
(a) of a cooperative, means—
(i) a director, secretary or employee of the cooperative; or
(ii) a person who is concerned, or takes part, in the management of the cooperative, whether or not as a director; or
(iii) a receiver and manager of property of the cooperative who is appointed under a power in an instrument; or
(iv) an administrator of a deed of arrangement executed by the cooperative; or
(v) a liquidator or provisional liquidator appointed in a voluntary winding-up of the cooperative; or
(vi) an administrator of the cooperative appointed under—
(A) the Corporations Act, part 5.3A (Administration of a company's affairs with a view to executing a deed of company arrangement) as applied by this Act; or
(B) division 12.5 (Appointment of administrator) of this Act; or
(vii) a trustee or other person administering a compromise or arrangement made between the cooperative and someone else; and
(b) of a foreign cooperative for schedule 3 (Charges), division 3.2.5 (Certain charges void)—see schedule 3, section 3.32 (Definitions for div 3.2.5); and
(c) of a foreign cooperative for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"order", of the registrar, means a written order of the registrar.
"original body", for division 12.6 (Effect of merger, transfer of engagements and transfer of incorporation)—see section 333 (2) (How div 12.6 applies to merger), section 334 (2) (How div 12.6 applies to transfer of engagements) and section 335 (2) (How div 12.6 applies to transfer of incorporation).
"participating cooperative", for part 14 (Foreign cooperatives)—see section 365 (Definitions for pt 14).
"participating State", for part 14 (Foreign cooperatives)—see section 365 (Definitions for pt 14).
"power", for schedule 1 (Associates and relevant interests), part 1.2 (Relevant interests)—see schedule 1, section 1.6 (Interpretation of pt 1.2).
"premises", for division 15.1 (Supervision and inspection)—see section 388 (Definitions for div 15.1).
"pre-registration contract"—see section 56 (Contracts before registration).
"present liability", for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3).
"primary activity"—see section 114.
"principal executive officer", of a cooperative or a subsidiary of a cooperative, means the principal executive officer of the cooperative or subsidiary, by whatever name called, and whether or not the officer is a director or the secretary.
"priority time", for schedule 3 (Charges), part 3.3 (Order of priority)—see schedule 3, section 3.45 (Definitions for pt 3.3).
"prior registered charge", for schedule 3 (Charges)—see schedule 3, section 3.45 (Definitions for pt 3.3).
"property"—
(a) of a cooperative for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3); and
(b) of a cooperative for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"prospective liability", for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3).
"receiver"—
(a) for schedule 3 (Charges), division 3.2.5 (Certain charges void)—see schedule 3, section 3.32 (Definitions for div 3.2.5); and
(b) for schedule 4 (Receivers, and other controllers, of property of cooperatives)—see schedule 4, section 4.1 (Definitions for sch 4).
"records" includes books, financial records, financial statements, minutes, registers, deeds, writings, documents and other sources of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in any other way or by any other means.
"registered charge", for schedule 3 (Charges), part 3.3 (Order of priority)—see schedule 3, section 3.45 (Definitions for pt 3.3).
"registered office", of a cooperative, means the office of the cooperative at the address notified to the registrar from time to time under section 257.
"registrable charge", for schedule 3 (Charges)—see schedule 3, section 3.1 (Definitions for sch 3).
"registrar "means the Registrar of Cooperatives appointed under section 428.
"related"—a corporation is related to another corporation if—
(a) one of the corporations is a subsidiary of the other corporation; or
(b) both corporations are subsidiaries of a third corporation.
"relevant day"—
(a) for division 12.6 (Effect of merger, transfer of engagements and transfer of incorporation)—see section 333 (2) (How div 12.6 applies to merger), section 334 (2) (How div 12.6 applies to transfer of engagements) and section 335 (2) (How div 12.6 applies to transfer of incorporation); and
(b) for schedule 3 (Charges), division 3.2.4 (Certain charges void against liquidator or administrator)—see schedule 3, section 3.26 (Definitions for div 3.2.4).
"relevant documents", for division 15.1 (Supervision and inspection)—see section 388 (Definitions for div 15.1).
"relevant interest"—see schedule 1 (Associates and relevant interests), part 1.2 (Relevant interests).
"relevant person", for schedule 3 (Charges), division 3.2.5 (Certain charges void)—see schedule 3, section 3.32 (Definitions for div 3.2.5).
"reviewable decision", for part 18 (Notification and review of decisions)—see section 456.
"rules", of a cooperative, means the registered rules of the cooperative as in force from time to time.
"seal", of a cooperative, means the common seal or an official seal of the cooperative.
"secretary", of a cooperative, means the secretary of the cooperative appointed under section 220.
"share "means a share in the share capital of a cooperative.
"stamp duty" includes a duty charged, or that would apart from this Act be charged, under the Duties Act 1999.
"State", for part 14 (Foreign cooperatives)—see section 365 (Definitions for pt 14).
"subordinated debt"—see section 263 (2).
"subsequent registered charge", for schedule 3 (Charges), part 3.3 (Order of priority)—see schedule 3, section 3.45 (Definitions for pt 3.3).
"subsidiary"—see the Corporations Act, section 9.
"surplus", in relation to a cooperative, means the excess of income over expenditure after making proper allowance for taxation expense, depreciation in value of the property of the cooperative and future contingencies.
"territory cooperative", for division 14.3 (Mergers and transfers of engagements)—see section 379 (Definitions for div 14.3).
"territory registrar", for division 14.3 (Mergers and transfers of engagements)—see section 379 (Definitions for div 14.3).
"trading cooperative" means a cooperative that complies with section 17.
"transfer", for division 12.2 (Transfer of registration or incorporation)—see section 306.
"unregistered charge", for schedule 3 (Charges), part 3.3 (Order of priority)—see schedule 3, section 3.45 (Definitions for pt 3.3).
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
|
amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
|
dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
|
sub = substituted |
|
|
mod = modified/modification |
SL = Subordinate Law |
|
o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
Cooperatives Act 2002 No 45
notified LR 5 December 2002
s 1, s 2 commenced 5 December 2002 (LA s 75 (1))
remainder commenced 5 June 2003 (s 2 and LA s 79)
as amended by
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.7
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.7 commenced 28 March 2003 (s 2)
Justice and Community Safety Legislation Amendment Act 2003 (No 2) A2003-47 pt 2
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
pt 2 commenced 1 November 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.22
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.22 commenced 9 April 2004 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2004 A2004-18 pt 5
notified LR 6 April 2004
s
1, s 2 commenced 6 April 2004 (LA s 75 (1))
pt 5
commenced 20 April 2004 (s 2)
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 7
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 7 commenced 13 July 2004 (s 2 (3))
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.4
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.4 commenced 11 January 2006 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.25
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.25 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Commencement
s
2 om LA s 89 (4)
Filing of documents not to constitute
constructive knowledge
s 46 (4),
(5) exp 5 June 2005 (s 46 (5))
Application of div 3.4 to pre-commencement
matters
s 55 exp 5 June
2005 (s 55 (2))
Notice of resolution for bonus share
issue
s 155 am A2003-14 amdt
1.23
Financial accommodation to directors and
associates
s 232 am A2003-14 amdt
1.24
Name to include certain matter
s 253 (6), (7) exp 5 June
2005 (s 253 (7))
Acquisition and disposal of
assets
s 276 am A2003-14 amdt
1.25
Transfer of engagements by direction of
registrar
s 305 am A2003-47 s
4
Application for transfer of registration
etc
s 307 am A2004-18 s
15
Winding-up on registrar's
certificate
s 315 am A2003-47 s
5
Appointment of
administrator
s 325 am A2003-47 s
6
Grounds for winding-up, transfer of
engagements, appointment of
administrator
s 338A ins A2003-47
s 7
People disqualified from administering
compromise etc
s 343 (5), (6) exp
5 June 2004 (s 343 (6))
Registrar to be told of certain changes in
relation to foreign
cooperatives
s 375 sub A2004-18 s
16
Deputy registrar and other
staff
s 430 am A2004-18 s
17
Secrecy
s
449 (6)-(8) exp 5 June 2005 (s 449 (8))
False or misleading
statements
s 450 om A2004-15 amdt
2.49
Use of word cooperative etc
s 451 (1) (f), (8) exp 5
June 2005 (s 451 (8))
Contravention of s
451
s 451A ins A2004-32 s
70
Notification and review of
decisions
pt 18 hdg sub A2008-37
amdt 1.96
Meaning of reviewable
decision—pt 18
s
456 sub A2008-37 amdt 1.96
Reviewable decision
notices
s 457 sub A2008-37 amdt
1.96
Appliations for
review
s 458 sub A2008-37 amdt
1.96
Guidelines about exercise of
registrar's functions
s 467 am A2005-62 amdt
3.99
(2), (3) exp on the day
after the day guidelines mentioned in s 467 (1) (a) are notified under
the Legislation Act 2001 (s 467 (3))
Transitional
provisions
pt 20 hdg exp 5 June
2005 (s 474)
Transitional
provisions
s 470 exp 5 June 2005
(s 474)
Regulations may provide for transitional
matters
s 471 exp 5 June
2004 (s 473 (a))
Modification of pt 20 and sch
5
s 472 exp 5 June 2004 (s 473
(a))
Expiry after 1
year
s 473 exp 5 June 2004 (s 473
(a))
Expiry after 2
years
s 474 exp 5 June 2005 (s
474)
Repeals and consequential
provisions
pt 21 hdg om LA s 89
(3)
Repeals
s
475 om LA s 89 (3)
Amendment of other Acts and
regulations
s 476 om LA s 89
(3)
Application of sch
4
sch 4 cl 2 exp 5 June 2005 (sch
4 cl 2 (2))
People not to act as receivers
sch 4 cl 3 (4), (5) exp 5
June 2005 (sch 4 cl 3 (5))
Reviewable
decisions
sch 5 exp 5 June 2005
(s 474)
ins A2008-37 amdt
1.97
Definition for sch
5
sch 5 cl 1 exp 5 June 2004 (s
473 (b))
General
savings
sch 5 cl 2 exp 5 June
2004 (s 473 (b))
Saving of existing
cooperatives
sch 5 cl 3 exp 5
June 2004 (s 473 (b))
Society or cooperative started to be formed
before commencement of clause
sch
5 cl 4 exp 5 June 2004 (s 473 (b))
Mergers
sch
5 cl 5 exp 5 June 2004 (s 473 (b))
Rules to comply with
Act
sch 5 cl 6 exp 5 June 2005 (s
474)
Alteration of certain
rules
sch 5 cl 7 exp 5 June 2004
(s 473)
Rules to contain active membership
provisions
sch 5 cl 8 exp 5 June
2005 (s 474)
Special resolutions and majority
resolutions
sch 5 cl 9 exp 5 June
2004 (s 473 (b))
Documents
sch
5 cl 10 exp 5 June 2004 (s 473 (b))
Existing accounts provisions to apply to
transferred cooperatives
sch 5 cl
11 exp 5 June 2005 (s 474)
Winding-up
sch
5 cl 12 exp 5 June 2004 (s 473 (b))
Special meeting and
inquiry
sch 5 cl 13 exp 5 June
2004 (s 473 (b))
Registrar
sch
5 cl 14 exp 5 June 2004 (s 473 (b))
Existing share premium accounts
sch 5 cl 15 exp 5 June 2005
(s 474)
Amendments of other Acts and
regulations
sch 6 om LA s 89
(3)
Dictionary
dict am
A2003-14 amdt 1.27; A2008-37 amdt
1.98
def alteration om
A2008-37 amdt 1.99
def
spouse om A2003-14 amdt
1.26
def reviewable
decision sub A2008-37 amdt 1.100
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
5 June
2003– |
A2003-14 |
new Act and amendments by A2003-14 |
|
R2 |
1 Nov
2003– |
A2003-47 |
amendments by A2003-47 |
|
R3 |
9 Apr
2004– |
A2004-15 |
amendments by A2004-15 |
|
R4 |
20 Apr
2004– |
A2004-18 |
amendments by A2004-18 |
|
R5 |
6 June
2004– |
A2004-18 |
commenced expiry |
|
R6 |
13 July
2004– |
A2004-32 |
amendments by A2004-32 |
|
R7 |
6 June
2005– |
A2004-32 |
commenced expiry |
|
R8 |
11Jan
2006– |
A2005-62 |
amendments by A2005-62 |
© Australian Capital
Territory 2009