CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - As at 13 January 2023 - Act 11 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introductory

• 1 Name of Act
• 2 Commencement
• 2A Prohibition on formation or registration of new societies and admission of new members

Division 2 - Interpretation

• 3 Definitions
• 4 Interpretation--meaning of "associate"
• 5 Interpretation--meaning of "director"
• 5A Interpretation--meaning of "economic entity" and "entity"
• 6 Interpretation--reference to a holding body corporate
• 7 Interpretation--meaning of "holding society"
• 8 Interpretation--meaning of "making a decision"
• 9 Interpretation--meaning of "officer"
• 10 Interpretation--meaning of "related body corporate"
• 11 Interpretation--meaning of "subsidiary"
• 12 Interpretation--when one entity controls another
• 13 Services corporations

Division 3 - Operation of Act

• 14 Act binds the Crown

Division 4 - Application of Corporations Act to co-operative housing bodies

• 15 Definition
• 16 Excluded matter
• 17 Applying the Corporations legislation to co-operative housing bodies
18. (Repealed)

PART 2 - FUNCTIONS AND POWERS OF REGISTRAR

Division 1 - General

• 19 Functions of Registrar
• 20 General powers
• 21 Application of variation under standards
22. (Repealed)
• 23 Inspection of documents
• 24 Power of Registrar to reject documents, etc
• 25 Extension or abridgment of time
• 26 Review of Registrar decisions
• 27 Administrative review by NCAT of Registrar decisions

Division 2 - Specific powers

• 28 Obtaining information etc
• 29 Obtaining evidence
• 30 Inspectors
• 31 Inspector to produce identification
• 32 Entry and search--monitoring compliance
• 33 Entry and search--evidence of offences
• 34 General powers of inspector in relation to places
• 35 Monitoring warrants
• 36 Offence related warrants
• 37 Offence related warrant may be granted by telephone
• 38 Obstruction etc of inspectors
• 39 False or misleading statements
Subdivision 2 - Special meeting and inquiry
• 40 Special meeting and inquiry
Subdivision 3 - Special power of intervention
• 41 Intervention by Registrar
Subdivision 4 - Power to suspend operations of society
• 42 Power to suspend operations
Subdivision 5 - Administrators
• 43 Appointment of administrator
• 44 Additional powers of Registrar
• 45 Stay of proceedings
• 46 Administrator to report to Registrar
Subdivision 6 - Advertising by co-operative housing bodies
• 47 Power to control advertising

Division 3 - Exercise of functions and powers of Registrar

• 47A Exercise of functions and powers of Registrar
• 47B Delegation by Registrar

PART 3 - SOCIETIES

Division 1 - Formation and registration

• 48 Co-operative housing societies and Starr-Bowkett societies
• 49 Formation of co-operative housing and Starr-Bowkett societies
• 50 Registration
• 51 Certificate of incorporation
• 52 Effect of incorporation

Division 2 - Powers

• 53 Powers of societies
• 54 Restrictions on subscriptions and deposits--co-operative housing societies
• 55 Restrictions on borrowings by co-operative housing societies
• 56 Prohibition on foreign borrowings by co-operative housing societies
• 57 Restrictions on borrowings by Starr-Bowkett societies
• 58 Protection of lenders
• 59 Treasurer's indemnity for loans by co-operative housing society
• 60 Treasurer's guarantee for co-operative housing society loans

Division 3 - Rules

• 61 Rules
62. (Repealed)
• 63 Copies of rules
• 64 Society and members to be bound by rules
• 65 Alteration of rules by special resolution
• 66 Alteration of rules by board of directors
• 67 Registration of alteration of rules
• 68 Power of Registrar to require modification of rules
• 69 Power of Registrar to modify rules to facilitate transfer of engagements

Division 4 - Membership

• 70 Members
• 71 Shares
• 72 Members who are minors
• 73 Joint members
• 74 Corporate membership
• 75 Cessation of membership
• 76 Expulsion of member
• 77 Liability of members
• 78 Fees and charges
• 79 Fines payable by members

Division 5 - Name and office

• 80 Registration of name and change of name
• 81 Requirements for and restrictions on names
• 82 Abbreviations etc of name
• 83 Change of name does not affect identity
• 84 Use of words "co-operative housing society" or "Starr-Bowkett"
• 85 Publication of name
• 86 Seal
• 87 Registered office

Division 6 - (Repealed)

PART 4 - MANAGEMENT

Division 1 - Directors and officers

• 89 Interpretation
• 90 Board of directors
• 91 Meetings
• 92 Number of directors
• 93 Election or appointment of directors
• 94 Employee directors
• 95 Alternate directors
• 96 Chairperson
• 97 Qualifications of directors
• 98 Vacation of office
• 99 Removal of directors
• 100 Declaration of interest
• 101 General duty to make disclosure
• 102 Certain financial accommodation to officers prohibited
• 103 Financial accommodation to directors and associates
• 104 Directors' remuneration
• 105 Management contracts
• 106 Duties of directors and officers
• 107 Prohibition on transfer of money
• 108 Unlawfully acting as director

Division 2 - Meetings

• 109 Annual general meeting
• 110 Special general meeting
• 111 Quorum
• 112 Notice of meeting
• 113 Voting
• 114 Proxy votes
• 115 Special resolutions
• 116 Minutes

Division 3 - Registers and inspection

• 117 Registers
• 118 Register of directors
• 119 Register of members
• 120 Inspection
• 121 Location of registers on computers
• 122 Form and evidentiary value of registers

Division 4 - Accounts

• 123 Financial year of co-operative housing society
• 124 Financial year of Starr-Bowkett society
• 125 Financial year of association
• 126 Accounting records to be kept
• 127 Inspection of accounting records
• 128 Statement of financial performance and statement of financial position
• 129 Group accounts
• 130 Audit
• 131 Directors to ascertain certain matters
• 132 Requirements applying to accounts and group accounts
• 133 Directors' statement
• 134 Directors' reports
• 135 Accounts and reports to be laid before annual general meeting
• 136 Contravention of Division

Division 5 - Audit

• 137 Qualifications of auditors
• 138 Appointment of auditors
• 139 Nomination of auditors
• 140 Removal and resignation of auditors
• 141 Effect of winding-up on office of auditor
• 142 Fees and expenses of auditors
• 143 Auditor's report
• 144 Powers and duties of auditor
• 145 Final audit on merger etc
• 146 Obstruction of auditor
• 147 Qualified privilege

Division 6 - Returns and relief

• 148 Returns
• 149 Relief from requirements as to accounts and audit

PART 5 - MERGERS AND TRANSFERS OF ENGAGEMENTS

Division 1 - Preliminary

• 150 Definitions
• 151 Part applies only to co-operative housing societies and associations

Division 2 - Mergers and transfers of engagements between societies of the same type

• 152 Interpretation--societies of the same type
• 153 Application for registration of merger or transfer of engagements between societies of the same type
• 154 Registrar may register merged society
• 155 Certificate of confirmation (voluntary transfer)
• 156 Registrar may direct a transfer of engagements between societies of the same type
• 157 Society to comply with direction
• 158 Certificate of confirmation (transfer by direction)
• 159 Who receives the certificate of confirmation
• 160 When transfer of engagements takes effect
• 161 Cancellation of registration after total transfer
• 162 Effect of merger
• 163 Effect of transfer of engagements

Division 3 - (Repealed)

PART 6 - EXTERNAL ADMINISTRATION

Division 1 - Arrangements and reconstructions

• 173 Schemes of arrangement and reconstruction

Division 2 - Receivers and managers

• 174 Receivers and managers

Division 3 - Winding-up

• 175 Winding-up
• 176 Winding-up on certificate of Registrar
• 177 Application of Corporations Act to winding-up of societies
• 178 Voluntary winding-up
• 179 Vacancy in office of liquidator on voluntary winding-up
• 180 Remuneration of liquidator on voluntary winding-up
• 181 Cancellation of registration

PART 7 - ASSOCIATIONS

• 182 Formation of associations
• 183 Objects of associations
• 184 Registration
• 185 Certificate of incorporation
• 186 Effect of incorporation
• 187 Membership
• 188 Share capital
• 189 Meetings
• 190 Application of Act to associations

PART 8 - (Repealed)

PART 9 - EVIDENCE, OFFENCES AND PROCEEDINGS

Division 1 - Evidence

• 200 Certificates etc
• 201 Rules
• 202 Registers
• 203 Minutes
• 204 Entries

Division 2 - Offences

• 205 Defaults by co-operative housing bodies
• 206 Restrictions on powers
• 207 Offences by officers
• 208 Incurring debts not likely to be paid
• 209 Powers of Court
• 210 Inducement to be appointed as liquidator or official manager
• 211 Falsification of records
• 212 Frauds by officers
• 213 False or misleading information
• 214 Power to examine defaulting officers
• 215 Power of Court to assess damages against certain persons
• 216 False copies of rules
• 217 Fraud or misappropriation
• 218 Commissions
• 219 Co-operative housing bodies to comply with standards
• 220 Officers and other persons in default

Division 3 - Proceedings

• 221 Proceedings for offences
• 222 Continuing offences
• 223 Injunctions
• 224 Power to grant relief

PART 10 - GENERAL

• 225 Regulations
• 226 Repeal of 1923 Act and other Acts and instruments
• 227 Savings and transitional provisions
228. (Repealed)
• 229 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
Schedule 4 (Repealed)
• SCHEDULE 5
Schedule 6 (Repealed)