New South Wales Consolidated Regulations

CO-OPERATIVES REGULATION 2005 - REG 23

23 Provisions of Corporations Act regarding irregularities applied to co-operatives

For the purposes of section 10 of the Act, co-operatives are declared to be applied Corporations legislation matters for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to section 1322 (1)-(3A) and (4)-(6) of the Corporations Act, subject to the following modifications:

(a) references to “this Act” are to be read as including references to the Co-operatives Act 1992 ,

(b) a reference to a “corporation” is to be read as a reference to a co-operative,

(c) a reference to a meeting in section 1322 (3) is to be read as including a reference to a vote conducted by a postal ballot (including a special postal ballot),

(d) a reference in section 1322 (3) to the giving of notice of a meeting is to be read as including a reference to the giving of a disclosure statement or explanatory statement in relation to a matter the subject of a vote at a meeting or in relation to a matter the subject of a postal ballot (including a special postal ballot),

(e) the reference in section 1322 (3) to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in a postal ballot (including a special postal ballot),

(f) the reference in section 1322 (4) (b) to a register kept by ASIC under the Corporations Act is to be read as a reference to a register kept by the Registrar under the Co-operatives Act 1992 .