Australian Capital Territory Consolidated Acts

COOPERATIVES ACT 2002 - SECT 11

    (1)     A provision of the Corporations Act applied by this Act is taken to apply with—

        (a)     any changes provided by this Act; and

        (b)     any other changes that may be necessary or desirable for the effective application of the Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

    (2)     In particular—

        (a)     a reference to—

              (i)     articles or memorandum of association; or

              (ii)     constitution; or

              (iii)     replaceable rules;

is a reference to rules; and

        (b)     a reference to a company is a reference to a cooperative; and

        (c)     a reference to ASIC is a reference to the registrar; and

        (d)     a cross-reference to another provision of the Corporations Act is, if the cross-reference is not appropriate (because, for example, the provision cross-referred to is not among the provisions applied)—

              (i)     if there is a corresponding provision of this Act—a cross-reference to that provision; or

              (ii)     in any other case—to be disregarded; and

        (e)     a reference to notification (however described) in the Gazette is a reference to notification under the Legislation Act; and

        (f)     a reference to the Commonwealth is a reference to the Territory; and

        (g)     any provision of the Corporations Act applied by this Act that is not relevant to cooperatives, or that cannot be applied to cooperatives, is to be ignored.

    (3)     In applying subsection (2) (e) to an instrument, the instrument is taken to be a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     A regulation may make changes that are necessary or desirable for the effective operation of the applied provisions of the Corporations Act, and the changes take effect accordingly (except to the extent of any inconsistency with this Act).

    (5)     The definitions of words and expressions and other interpretative provisions contained in the Corporations Act apply in relation to provisions of the Corporations Act applied by this Act.

    (6)     This section has effect subject to any specific requirements of provisions of this Act that apply provisions of the Corporations Act.