Australian Capital Territory Consolidated Acts

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COOPERATIVES ACT 2002 - SECT 12

Implied application of regulations and other provisions of Corporations Act

    (1)     If a provision of this Act applies a provision (the applied provision ) of the Corporations Act to cooperatives, the following provisions are also applied by force of this section and are taken to be part of this Act:

        (a)     the provisions of any regulation (an applied regulation ) from time to time in force under the applied provision;

        (b)     any provision of the Corporations Act that creates an offence in relation to a contravention of the applied provision;

        (c)     the provisions of the Corporations Act, part 9.4B (Civil consequences of contravening civil penalty provisions) for a provision of the Corporations Act applied by this Act that is a civil penalty provision within the meaning of that part.

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)     A regulation may prescribe changes to any of the provisions applied by subsection (1) for their application under this section, and the provisions apply subject to the prescribed changes.

    (3)     If a provision of the Corporations Act or the regulations under that Act applied by this Act (including under this section) creates an offence and the penalty for that offence is provided in another provision (the penalty provision ) of the Corporations Act or those regulations, the penalty provision is taken to be part of this Act for the purpose of deciding the maximum penalty applying to the offence.



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