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This is a Bill, not an Act. For current law, see the Acts databases.
Co-operatives Legislation
Amendment Act 1999 No 2
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Co-operation Act 1923 (1924 No 1) 2
4 Amendment of Co-operatives Act 1992 No 18 2
5 Amendment of Co-operatives Amendment Act 1997
No 39 2
6 Amendment of Co-operative Housing and Starr-Bowkett
Societies Act 1998 No 11 2
Schedules
1 Amendment of Co-operation Act 1923 3
2 Amendment of Co-operatives Act 1992 5
3 Amendment of Co-operatives Amendment Act 1997 8
4 Amendment of Co-operative Housing and Starr-Bowkett
Societies Act 1998 9
[16]
New South Wales
Co-operatives Legislation
Amendment Act 1999 No 2
Act No 2, 1999
An Act to amend the Co-operation Act 1923, the Co-operatives Act 1992, the
Co-operatives Amendment Act 1997, and the Co-operative Housing and Starr-
Bowkett Societies Act 1998 in connection with the administration of the co-
operatives legislation; and for other purposes. [Assented to 31 May 1999]
Section 1 Co-operatives Legislation Amendment Act 1999 No 2
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Co-operatives Legislation Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Co-operation Act 1923 (1924 No 1)
The Co-operation Act 1923 is amended as set out in Schedule 1.
4 Amendment of Co-operatives Act 1992 No 18
The Co-operatives Act 1992 is amended as set out in Schedule 2.
5 Amendment of Co-operatives Amendment Act 1997 No 39
The Co-operatives Amendment Act 1997 is amended as set out in
Schedule 3.
6 Amendment of Co-operative Housing and Starr-Bowkett Societies
Act 1998 No 11
The Co-operative Housing and Starr-Bowkett Societies Act 1998 is
amended as set out in Schedule 4.
Page 2
Co-operatives Legislation Amendment Act 1999 No 2
Amendment of Co-operation Act 1923 Schedule 1
Schedule 1 Amendment of Co-operation Act 1923
(Section 3)
[1] Section 5 Definitions
Omit the definition of Registrar. Insert instead:
Registrar--see section 5D.
[2] Section 5C Certain functions of the Registrar to be exercised by
FINCOM
Omit the section.
[3] Section 5D
Insert as section 5D:
5D Exercise of registrar's functions
(1) The powers, authorities, duties and functions expressed to be
conferred or imposed on the "registrar" by or under this Act
are to be exercised and performed by the Director-General of
the Department of Fair Trading.
(2) For that purpose, a reference in this Act to the registrar is to
be read as a reference to the Director-General of the
Department of Fair Trading.
[4] Fifth Schedule Savings and transitional provisions
Insert at the end of the Schedule:
Co-operatives Legislation Amendment Act 1999
10 Functions of registrar exercised by FINCOM
(1) Anything done or omitted to be done in connection with a
matter by, to or in relation to the New South Wales Financial
Institutions Commission under section 5C before its repeal
by the Co-operatives Legislation Amendment Act 1999 is
taken to have been done or omitted by, to or in relation to the
registrar.
Page 3
Co-operatives Legislation Amendment Act 1999 No 2
Schedule 1 Amendment of Co-operation Act 1923
(2) Any liability attaching to that Commission under section 22
of the Financial Institutions Commission 1992 in connection
with any such matter becomes a liability of the Crown.
(3) A member of the staff of the Department of Fair Trading or
a delegate of the Director-General of that Department incurs
no liability for an honest act or omission in the exercise or
performance of powers, authorities, duties or functions under
this Act (whether before or after the commencement of this
clause) in connection with any such matter.
(4) A liability that would, but for this clause, attach to a member
of the staff of the Department of Fair Trading or a delegate
of the Director-General of that Department attaches to the
Crown.
(5) Subclause (3) does not apply to:
(a) wilful misconduct, or
(b) wilful neglect, or
(c) wilful failure to comply with this Act.
Page 4
Co-operatives Legislation Amendment Act 1999 No 2
Amendment of Co-operatives Act 1992 Schedule 2
Schedule 2 Amendment of Co-operatives Act 1992
(Section 4)
[1] Notes
Omit all notes that refer to core consistent provisions.
[2] Section 3A
Insert after section 3:
3A Application to co-operative housing societies and other
bodies
Except where expressly provided by this Act and except as
provided by the regulations, this Act does not apply to or in
respect of:
(a) a co-operative housing body under the Co-operative
Housing and Starr-Bowkett Societies Act 1998, or
(b) a body that is of the same nature as such a
co-operative housing body but that is not registered
under that Act.
[3] Section 5 Definitions
Omit the definition of Registrar from section 5 (1). Insert instead:
Registrar--see section 5B.
[4] Section 5B
Insert after section 5A:
5B Exercise of Registrar's functions
(1) The functions expressed to be conferred or imposed on the
"Registrar" by or under this Act are to be exercised by the
Director-General of the Department of Fair Trading.
(2) For that purpose, a reference in this Act to the Registrar is to
be read as a reference to the Director-General of the
Department of Fair Trading.
Page 5
Co-operatives Legislation Amendment Act 1999 No 2
Schedule 2 Amendment of Co-operatives Act 1992
[5] Section 255 Name to include certain matter
Insert at the end of section 255 (5) (g):
, or
(h) a corporation that is allowed under another Act to use
the word "co-operative" or the abbreviation "co-op"
in its name.
[6] Section 260
Insert after section 259:
260 Restriction on use of word "co-operative" or similar words
(1) A person, other than a co-operative, must not trade, or carry
on business, under a name or title containing the word "co-
operative", the abbreviation "co-op" or words importing a
similar meaning.
(2) Subsection (1) does not apply to:
(a) an entity mentioned in section 255 (5), or
(b) a person or body exempted by the Registrar under this
section.
(3) A person or body may apply to the Registrar for exemption
from subsection (1).
(4) The Registrar may, by written notice given to the person or
body, grant an exemption for such time and on such terms
and conditions as the Registrar determines. An exemption
can provide that specified provisions of this Act apply to the
person or body as if the person or body were a co-operative,
and the specified provisions then apply accordingly (as if a
reference in those provisions to a co-operative included a
reference to the person or body).
(5) The Registrar may, at any time:
(a) revoke an exemption, or
(b) vary or revoke the terms or conditions of an
exemption.
Page 6
Co-operatives Legislation Amendment Act 1999 No 2
Amendment of Co-operatives Act 1992 Schedule 2
(6) A person who contravenes this section or a condition of an
exemption under this section, and every director or other
person having the control and management of a body
contravening this section or the condition, is guilty of an
offence.
Maximum penalty: 20 penalty units.
Page 7
Co-operatives Legislation Amendment Act 1999 No 2
Schedule 3 Amendment of Co-operatives Amendment Act 1997
Schedule 3 Amendment of Co-operatives
Amendment Act 1997
(Section 5)
Schedule 1 Amendments (item [9]section 5 (1), definition of
"Registrar")
Omit Schedule 1 [9].
Page 8
Co-operatives Legislation Amendment Act 1999 No 2
Amendment of Co-operative Housing and Starr-Bowkett Societies Act Schedule 4
1998
Schedule 4 Amendment of Co-operative Housing and
Starr-Bowkett Societies Act 1998
(Section 6)
[1] The whole Act (except where inconsistent with other items of this
Schedule)
Omit "FINCOM" wherever occurring.
Insert instead "the Registrar" or "The Registrar" as appropriate.
[2] Headings in the Act (and so much of the Act as consists of
references to headings in the Act)
Omit "FINCOM" wherever occurring. Insert instead "Registrar".
[3] Section 3 Definitions
Omit the definitions of employee and FINCOM from section 3 (1).
[4] Section 3 (1)
Insert in alphabetical order:
Registrar--see section 47A.
[5] Sections 19 (f), 20 (2), 24 (2), 28 (1) (a), (b) and (c), 40 (6) (c), (7) and
(10), 41 (3), 43 (14) (b) and (15), 140 (7), 149 (4) and (7), 152, 153 (6),
155 (2) and (3), 158 (3) (b), and 214 (4)
Omit "it" wherever occurring. Insert instead "the Registrar".
[6] Sections 20 (1), 25, 28 (1) and (2), 40 (1) and (2), 105 (3), 140 (10) (b),
149 (11), 176 (2)
Omit "its" wherever occurring. Insert instead "the Registrar's".
[7] Section 22 FINCOM to keep Minister informed
Omit the section.
Page 9
Co-operatives Legislation Amendment Act 1999 No 2
Schedule 4 Amendment of Co-operative Housing and Starr-Bowkett Societies Act
1998
[8] Section 23
Omit the section. Insert instead:
23 Inspection of documents
(1) A person may:
(a) inspect documents prescribed by the regulations or
documents of a class prescribed by the regulations
kept by the Registrar relating to co-operative housing
bodies on payment of the fee (if any) prescribed by
the regulations, and
(b) obtain, on payment of the fee prescribed by the
regulations, a certified copy of a document that a
person may inspect under paragraph (a).
(2) If a reproduction or transparency of a document, or an extract
of information contained in a document, is produced for
inspection, a person is not entitled under subsection (1) to
require the production of the original of that document.
[9] Section 28 (2)
Omit "it" where secondly occurring. Insert instead "the Registrar".
[10] Section 29 Obtaining evidence
Omit "employee of FINCOM" wherever occurring in section 29 (1).
Insert instead "officer of the Department of Fair Trading".
[11] Section 29 (2), (4) and (6)
Omit "employee" and "employee's" wherever occurring.
Insert instead "officer" or "officer's" as appropriate.
[12] Sections 29 (6), and 41 (4) and (5)
Omit "FINCOM's" wherever occurring.
Insert instead "the Registrar's".
Page 10
Co-operatives Legislation Amendment Act 1999 No 2
Amendment of Co-operative Housing and Starr-Bowkett Societies Act Schedule 4
1998
[13] Section 43 Appointment of administrator
Omit "employee of FINCOM" wherever occurring in section 43 (14).
Insert instead "officer of the Department of Fair Trading".
[14] Section 43 (15)
Omit "debt due to FINCOM". Insert instead "debt due to the Crown".
[15] Part 2, Division 3 (section 47A)
Insert after section 47:
Division 3 Exercise of functions and powers of
Registrar
47A Exercise of functions and powers of Registrar
(1) The functions and powers expressed to be conferred on the
"Registrar" by or under this Act are to be exercised and
performed by the Director-General of the Department of Fair
Trading.
(2) For that purpose, a reference in this Act to the Registrar is to
be read as a reference to the Director-General of the
Department of Fair Trading.
47B Delegation by Registrar
(1) The Registrar may delegate to any person any of the
Registrar's functions and powers except this power of
delegation.
(2) A delegate may sub-delegate to another person any function
or power delegated under this section if authorised by the
terms of the delegation to do so.
[16] Section 84 Use of words "co-operative housing society" or "Starr-
Bowkett"
Omit ", co-operative" from section 84 (2) (a).
Page 11
Co-operatives Legislation Amendment Act 1999 No 2
Schedule 4 Amendment of Co-operative Housing and Starr-Bowkett Societies Act
1998
[17] Section 84 (7)
Omit the subsection.
[18] Sections 149 (6) and 199 (2)
Omit "it" where firstly occurring. Insert instead "the Registrar".
[19] Part 5, Division 3 (sections 164172)
Omit the Division.
[20] Section 191 The Standards Committee
Omit section 191 (1) (c). Insert instead:
(c) the Director-General of the Department of Fair
Trading or his or her nominee (being a member of the
staff of the Department of Fair Trading),
[21] Schedule 5 Savings and transitional provisions
Omit "Newcastle Co-operative Building Societies Association Limited"
from clause 5.
[22] Schedule 5
Omit "St. George Association of Co-op. Housing & Building Societies
Ltd" from clause 5.
Insert instead "State Wide Association of CHS & Originators Limited".
[23] Schedule 6 Amendment of Acts
Omit Schedule 6.5.
[Minister's second reading speech made in--
Legislative Assembly on 25 May 1999
Legislative Council on 26 May 1999]
BY AUTHORITY
Page 12
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