CO-OPERATIVES AMENDMENT ACT 1997 - As at 28 October 2005 - Act 39 of 1997 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Amendment of Co-operatives Act 1992 No 18 SCHEDULE 1 CO-OPERATIVES AMENDMENT ACT 1997 - LONG TITLE An Act to amend the Co-operatives Act 1992 by enacting core consistent provisions to give effect to a national scheme for the regulation of co- operatives with respect to interstate operations, fund raising, mergers and other matters; and for other purposes. CO-OPERATIVES AMENDMENT ACT 1997 - SECT 1 Name of Act 1 Name of Act This Act is the Co-operatives Amendment Act 1997. CO-OPERATIVES AMENDMENT ACT 1997 - SECT 2 Commencement 2 Commencement This Act commences on a day or days to be appointed by proclamation. CO-OPERATIVES AMENDMENT ACT 1997 - SECT 3 Amendment of Co-operatives Act 1992 No 18 3 Amendment of Co-operatives Act 1992 No 18 The Co-operatives Act 1992 is amended as set out in Schedule 1. CO-OPERATIVES AMENDMENT ACT 1997 - SCHEDULE 1 SCHEDULE 1 – Amendments [212] Section 428A Insert before section 429 after the note inserted by this Act: 428A Meaning of “co-operatives law” and “participating State” In this Part, "co-operatives law" and "participating State" have the same meaning as in section 369A. [218] Sections 435A–435D Insert after section 435: 435A Offences under this Act and co-operatives law If: (a) an act or omission constitutes an offence under this Act and under a co-operatives law of a participating State, and (b) the offender has been punished for that offence under the co-operatives law of the participating State, the offender is not liable to be punished for the offence under this Act. 435B Civil liability under this Act and co-operatives law In a proceeding under this Act in respect of loss or damage arising out of a contravention of this Act, it is a defence if it is proved: (a) that the plaintiff has recovered in respect of the loss or damage in an action brought under a co-operatives law of a participating State, or (b) that: (i) the plaintiff has brought proceedings under a co-operatives law of a participating State to recover in respect of the loss or damage, and (ii) judgment has been entered for the defendant in those proceedings. 435C Offences committed partly in and partly outside jurisdiction If: (a) a person does or omits to do an act outside this State, and (b) if the person had done or omitted to do that act in this State, the person would, by reason of also having done or omitted to do an act in the State, have been guilty of an offence against this Act, the person is guilty of that offence. 435D Reciprocity in relation to offences If: (a) a person does or omits to do an act within this State, and (b) if that person had done or omitted to do that act in a participating State, the person would have been guilty of an offence against a provision of a co-operatives law of the participating State, the person is guilty of an offence against the corresponding provision of this Act. CO-OPERATIVES AMENDMENT ACT 1997 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of amending instrumentsCo-operatives Amendment Act 1997 No 39. Assented to 30.6.1997. Date of commencement (except Sch 1 [9], so much of Sch 1 [12] as inserts secs 7 (2) and (3), 8 and 24 (c) (v), Sch 1 [17], so much of Sch 1 [45] as inserts sec 109, Sch 1 [68] [93] [109]–[111] [144] [212] and [218]), 1.12.1997, sec 2 and GG No 130 of 28.11.1997, p 9476; Sch 1 [9] was not commenced and was repealed by the Co-operatives Legislation Amendment Act 1999 No 2; so much of Sch 1 [12] as inserts secs 7 (2) and (3) and 24 (c) (v), so much of Sch 1 [45] as inserts sec 109, Sch 1 [68] and [93] were not commenced and were repealed by the Co-operatives Legislation Amendment Act 2001 No 76; date of commencement of so much of Sch 1 [12] as inserts sec 8 and Sch 1 [17] and [109]–[111], 30.1.1998, sec 2 and GG No 16 of 30.1.1998, p 430; Sch 1 [144] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2002 No 53; date of commencement of Sch 1 [212] and [218]: not in force. This Act has been amended as follows: __________________________________________________________________________ | | |Statute Law (Miscellaneous Provisions) Act (No 2) | |1997|No 147|1997. Assented to 17.12.1997. | | | | | |__________________________________________________________________________| | | |Co-operatives Legislation Amendment Act 1999. Assented to | | | |31.5.1999. | |1999|No 2 | | | | |Date of commencement of Sch 3, 4.6.1999, sec 2 and GG No 66 of| |__________________________________________________________________________| | | |Co-operatives Legislation Amendment | | | |Act 2001. Assented to 1.11.2001. | |2001|No 76 | | | | |Date of commencement, 1.12.2001, sec 2 and GG No 180 of | |__________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2002|No 53 |Act 2002. Assented to 4.7.2002. | | | | | |__________________________________________________________________________| Table of amendments ____________________________________________________________________________ |Sch 1|Am 1997 No 147, Schs 1.4 [1]–[3], 2.7; 1999 No 2, Sch 3; 2001 No 76,| |____________________________________________________________________________|