New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"accounting records" include:

(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, and

(b) documents and records that record such entries, and

(c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up.

"accounting standard" has the meaning given by section 9 of the Corporations Act.
"accounts" means statements of financial performance and statements of financial position, and includes statements, reports and notes (other than auditors’ reports or directors’ reports) attached to or intended to be read with any of those statements.
"advertisement" includes matter that is not in writing but because of the form or context in which it appears conveys a message.
"affairs", in relation to a body corporate, has the meaning given by section 53 of the Corporations Act.
"applicable accounting standard" means an accounting standard as applying under section 132 (Requirements applying to accounts and group accounts).
"association" means a body registered as an association under this Act.
"bank" means:

(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or

(b) a bank constituted under a law of a State.

"board", in relation to a co-operative housing body, means the board of directors of the body.
"body" includes an entity.
"body corporate" means any body corporate whether formed or incorporated within or outside this State, but does not include:

(a) a body corporate that is incorporated within Australia or an external Territory and is a public authority or an instrumentality or agency of the Crown, or

(b) a corporation sole.

"borrow" means to obtain financial accommodation.
"certificate of confirmation" has the meaning given by section 150 (Definitions).
"company" means a company incorporated, or taken to be incorporated, under the Corporations Act.
"consolidated accounts", in relation to a co-operative housing body, means all of the following:

(a) a consolidated statement of financial performance that section 129 (Group accounts) requires to be made out in relation to a financial year of the body,

(b) a consolidated statement of financial position that section 129 (Group accounts) requires to be made out in relation to the financial year,

(c) statements, reports and notes (other than a directors’ report) attached to, or intended to be read with, that consolidated statement of financial performance or consolidated statement of financial position.

"co-operative housing body" means:

(a) a society, or

(b) an association.

"co-operative housing society" means a body registered under this Act as a co-operative housing society.
"Corporations Act" means the Corporations Act 2001 of the Commonwealth.
"Court" means the Supreme Court, or a Supreme Court Judge, of this State.
"de facto partner", in relation to a person, means the other party to a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) with the person.
"director" has the meaning given by section 5.
"economic entity" has the meaning given by section 5A.
"entity" has the meaning given by section 5A.
"executive officer", in relation to a co-operative housing body or entity, means a person (by whatever name called) who is concerned, or takes part, in the management of the body or entity.
"expert", in relation to a matter, means an independent person whose profession or reputation gives authority to a statement made by the person in relation to the matter.
"financial institution" means a building society or credit union under the financial institutions legislation.
"financial institutions legislation" has the same meaning as in the AFIC (NSW) Code .
"friendly society" means a friendly society under the Friendly Societies Act 1989 .
"group" means an economic entity of which a co-operative housing body is a part.
"group accounts", in relation to a holding society, means a set of consolidated accounts for the group in relation to which the society is the holding society.
"holding body corporate" means a body corporate that is the holding body corporate of another body corporate.
"holding society" has the meaning given by section 7.
"inspector" means a person authorised under section 30 (Inspectors).
"national business names register" has the meaning given by the Corporations Act.
"officer" has the meaning given by section 9 (Interpretation-meaning of “officer”).
"profit or loss" means:

(a) in relation to an entity-the profit or loss resulting from operations of the entity, and

(b) in relation to 2 or more entities or an economic entity constituted by 2 or more entities-the profit or loss resulting from operations of those entities.

"registered company auditor" means a person registered as an auditor, or taken to be registered as an auditor, under Part 9.2 of the Corporations Act.
"Registrar" -see section 47A.
"related body corporate" has the meaning given by section 10.
"securities" has the meaning given by section 92 of the Corporations Act.
"services corporation" means a body corporate declared to be a services corporation under section 13.
"share" means a share in the share capital of a body corporate.
"society" means a co-operative housing society or a Starr-Bowkett society.
"standard" means a standard in force under section 192 (Making of standards).
"Standards Committee" means the Standards Committee established by section 191.
"Starr-Bowkett society" means a body registered under this Act as a Starr-Bowkett society.
"State" means a State or Territory.
"subsidiary" has the meaning given by section 11.
"transferee society" has the meaning given by section 150 (Definitions).
"transferor society" has the meaning given by section 150 (Definitions).

(2) Schedule 1 (General interpretative provisions) has effect.

(3) Notes in the text of this Act do not form part of this Act.

(4) A reference in this Act to a provision of the Corporations Act that is applied by or under this Act (or a part of this Act) is a reference to that provision to the extent that it is declared to apply to a matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 as a law of this State.