Queensland Consolidated Acts

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COOPERATIVES ACT 1997


TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introductory

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Objects of this Act
   5.      Dictionary
   5A.     Interpretation

           Division 2--Qualified privilege provisions

   6.      Qualified privilege

           Division 3--The cooperative principles

   7.      Cooperative principles
   8.      Interpretation to promote cooperative principles

           Division 4--Application of Corporations legislation

   9.      Definition for div 4
   10.     Excluded matter
   11.     Applying the Corporations legislation to cooperatives
   12.     Changes to applied provisions

           Part 2--Formation

           Division 1--Types of cooperatives

   13.     Types of cooperatives
   14.     Trading cooperatives
   15.     Non-trading cooperatives

           Division 2--Formation meeting

   16.     Formation meeting

           Division 3--Approval of disclosure statement and rules

   17.     Approval of disclosure statement
   18.     Approval of rules

           Division 4--Registration of proposed cooperative

   19.     Application for registration of proposed cooperative
   20.     Registration of cooperative
   21.     Incorporation and certificate of registration

           Division 5--Registration of an existing corporation

   22.     Existing corporation can be registered
   23.     Formation meeting
   24.     Application for registration
   25.     Requirements for registration
   26.     Certificate of registration
   27.     Effect of registration

           Division 6--Conversion of cooperative

   28.     Conversion of cooperative

           Division 7--Appeals

   29.     Appeal against refusal to approve disclosure statement
   30.     Appeal against refusal to approve draft rules
   31.     Appeal against refusal to register
   32.     Supreme Court's powers on appeal

           Division 8--General

   33.     Acceptance of money by proposed cooperative
   34.     Issue of duplicate certificate

           Part 3--Legal capacity and powers

           Division 1--General powers

   35.     Effect of incorporation
   36.     Power to form companies and enter into joint ventures

           Division 2--Doctrine of ultra vires abolished

   37.     Interpretation
   38.     Doctrine of ultra vires abolished
   39.     Legal capacity
   40.     Restrictions on cooperatives in rules
   41.     Results of contravention of restriction in rules

           Division 3--Persons having dealings with cooperatives

   42.     Assumptions entitled to be made
   43.     Assumptions
   44.     Person who knows or ought to know can not make assumptions
   45.     Filing of documents not to constitute constructive knowledge
   46.     Effect of fraud

           Division 4--Authentication and execution of documents and confirmation of contracts

   47.     Common seal
   48.     Official seal
   49.     Authentication need not be under seal
   50.     Cooperative may authorise person to execute deed
   51.     Execution under seal
   52.     Contractual formalities
   53.     Other requirements as to consent or sanction not affected
   54.     Transitional

           Division 5--Pre-registration contracts

   55.     Contracts before registration
   56.     Person may be released from liability but is not entitled to indemnity
   57.     This division replaces other rights and liabilities

           Part 4--Membership

           Division 1--General

   58.     Becoming a member
   59.     Members of associations
   60.     Members of federations
   61.     Qualification for membership
   62.     Membership may be joint
   63.     Members under 18
   64.     Representatives of corporations
   65.     Notification of shareholders and shareholdings
   66.     Circumstances in which membership ceases—all cooperatives
   67.     Additional circumstances in which membership ceases—cooperatives with share capital
   68.     Carrying on business with too few members

           Division 2--Rights and liabilities of members

   69.     Rights of membership not exercisable until registered etc.
   70.     Liability of members to cooperative
   71.     Cooperative to give information to person intending to become a member
   72.     Entry fees and regular subscriptions
   73.     Members etc. may be required to deal with cooperative
   74.     Fines payable by members
   75.     Charge and set-off of cooperative
   76.     Repayment of shares on expulsion

           Division 3--Death of member

   77.     Meaning of interest
   78.     Transfer of share or interest on death of member
   79.     Transfer of small shareholdings and interests on death
   80.     Value of shares and interests
   81.     Cooperative protected

           Division 4--Disputes involving members

   82.     Grievance procedure
   83.     Application to Supreme Court

           Division 5--Oppressive conduct of affairs

   84.     Interpretation
   85.     Application of division
   86.     Who may apply for court order
   87.     Orders the Supreme Court may make
   88.     Basis on which Supreme Court makes orders
   89.     Winding-up need not be ordered if oppressed members prejudiced
   90.     Application of winding-up provisions
   91.     Changes to rules
   92.     Copy of order to be filed with registrar

           Division 6--Proceedings on behalf of a cooperative by members and others

   93.     Bringing, or intervening in, proceedings on behalf of a cooperative
   94.     Applying for and granting leave
   95.     Substitution of another person for the person granted leave
   96.     Effect of ratification by members
   97.     Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave
   98.     General powers of the Supreme Court
   99.     Power of Supreme Court to make costs order

           Part 5--Rules

   100.    Effect of rules
   101.    Content of rules
   102.    Purchase and inspection of copy of rules
   103.    False copies of rules
   104.    Model rules
   105.    Rules can only be altered under this Act
   106.    Approval of alteration of rules
   107.    Alteration by special resolution
   108.    Alteration by resolution of board
   109.    Alteration does not take effect until registered
   110.    Appeal against refusal to approve alteration
   111.    Appeal against refusal to register alteration
   112.    Supreme Court's powers on appeal

           Part 6--Active membership

           Division 1--Definitions

   113.    Meaning of primary activity
   114.    What is active membership
   115.    What are active membership provisions and resolutions

           Division 2--Rules to contain active membership provisions

   116.    Number of primary activities required
   117.    Rules to contain active membership provisions
   118.    Factors and considerations for deciding primary activities etc.
   119.    Active membership provisions—trading cooperatives
   120.    Regular subscription—active membership of non-trading cooperative

           Division 3--Active membership resolutions

   121.    Notice of meeting
   122.    Eligibility to vote on active membership resolution
   123.    Eligibility of directors to vote on proposal at board meeting
   124.    Other entitlements of members not affected

           Division 4--Cancellation of membership of inactive members

   125.    Cancellation of membership of inactive member
   126.    Share to be forfeited if membership cancelled
   127.    Failure to cancel membership—offence by director
   128.    Deferral of forfeiture by board
   129.    Cancellation of membership prohibited in certain circumstances
   130.    Notice of intention to cancel membership
   131.    Order of Supreme Court against cancellation
   132.    Repayment of amounts owing because of cancelled membership
   133.    Interest on deposits and debentures
   134.    Repayment of deposits and debentures
   135.    Register of cancelled memberships

           Division 5--Entitlements of former members of trading cooperatives

   136.    Application of division
   137.    Former shareholders to be taken to be shareholders for certain purposes
   138.    Entitlements of former shareholders on mergers etc.
   139.    Set-off of amounts repaid etc. on forfeited shares
   140.    Entitlement to distribution from reserves
   141.    Regulation may exempt cooperatives from provisions

           Part 7--Shares

           Division 1--Nature of share

   142.    Nature of share in cooperative

           Division 2--Disclosure

   143.    Disclosure to intending shareholders in trading cooperative
   143A.   Content of disclosure statement to intending shareholders
   143B.   Exemptions for disclosure statements

           Division 3--Issue of shares

   144.    Shares—general
   144A.   Application of Corporations Act for particular share subscriptions
   145.    Minimum paid up amount
   146.    Shares not to be issued at a discount
   147.    Issue of shares at a premium
   148.    Joint ownership of shares
   149.    Members may be required to take up additional shares
   150.    Bonus share issues
   151.    Restrictions on bonus shares
   152.    Notice about bonus shares

           Division 4--Beneficial and non-beneficial interest in shares

   153.    Notice of non-beneficial ownership at time of transfer
   154.    Notice of non-beneficial ownership not notified at time of transfer
   155.    Registration as beneficial owner of shares notified as non-beneficially transferred
   156.    Notification of change in nature of shareholding
   157.    Presumption of awareness
   158.    Presumption that shares held non-beneficially
   159.    Noting of beneficial and non-beneficial interests in register of members
   160.    Registration as trustee etc. on death of owner of shares
   161.    Registration as administrator of estate on incapacity of shareholder
   162.    Registration as Official Trustee in Bankruptcy
   163.    Liabilities of person registered as trustee or administrator
   164.    Notice of trusts in register of members
   165.    No notice of trust except as provided by this division

           Division 5--Sale or transfer of shares

   166.    Sale or transfer of shares
   167.    Transfer on death of member
   168.    Restriction on total shareholding
   169.    Transfer not effective until registered

           Division 6--Repurchase of shares

   170.    Purchase and repayment of shares
   171.    Deposit or debentures instead of payment when share repurchased
   172.    Cancellation of shares

           Part 8--Voting and meetings

           Division 1--Voting entitlements

   173.    Application of part to voting
   174.    Voting
   175.    Voting by proxy
   176.    Restriction on voting entitlement under power of attorney
   177.    Restriction on voting by representatives of corporations
   178.    Inactive members not entitled to vote
   179.    Control of the right to vote
   179A.   Effect of disposal of shares on voting rights
   180.    Effect of relevant share and voting interests on voting rights
   181.    Rights of representatives to vote
   182.    Other rights and duties of members not affected by ineligibility to vote
   183.    Vote of disentitled member to be disregarded

           Division 2--Resolutions

   184.    Decisions to be by ordinary resolution
   185.    Ordinary resolutions
   186.    Special resolutions
   187.    How majority obtained is ascertained
   188.    Disallowance by registrar
   189.    Declaration of passing of special resolution
   190.    Effect of special resolution
   191.    Registration of special resolution
   192.    Decision of registrar on application to register special resolution

           Division 2A--Resolution by circulated document

   192A.   Application of div 2A
   192B.   Resolution by circulation of document—fewer than 50 members

           Division 3--Postal ballots

   193.    Postal ballots
   194.    Special postal ballots
   195.    When is a special postal ballot required
   196.    Holding of postal ballot on requisition
   197.    Expenses involved in postal ballots on requisition

           Division 4--Meetings

   198.    Annual general meetings
   199.    Special general meetings
   200.    Notice of meetings
   201.    Quorum at meetings
   202.    Decision at meetings
   203.    Calling of general meeting on requisition
   204.    Minutes

           Part 9--Management and administration of cooperatives

           Division 1--The board

   205.    Board of directors
   206.    Election of directors
   207.    Qualification of directors
   208.    Disqualified persons
   209.    Meeting of the board of directors
   210.    Transaction of business outside meetings
   211.    Deputy directors
   212.    Delegation by board
   213.    Removal from and vacation of office

           Division 1A--Secretary

   213A.   Secretary

           Division 2--Duties and liabilities of directors, officers and employees

   214.    Meaning of officer
   215.    Officers must act honestly
   216.    Standard of care and diligence required
   217.    Improper use of information or position
   218.    Recovery of damages by cooperative
   219.    Other duties and liabilities not affected
   220.    Indemnification of officers and auditors
   221.    Application of Corporations Act provisions concerning officers of cooperatives

           Division 3--Restrictions on directors and officers

   222.    Directors' remuneration
   223.    Certain financial accommodation to officers prohibited
   224.    Financial accommodation to directors and associates
   225.    Restriction on directors of certain cooperatives selling land to cooperative
   226.    Management contracts

           Division 4--Declaration of interests

   227.    Declaration of interest
   228.    Declarations to be recorded in minutes
   229.    Division does not affect other laws or rules
   230.    Certain interests need not be declared

           Division 5--Financial reports and audit

   231.    Meaning of entity and control
   232.    Requirements for financial records and financial reports
   233.    Power of registrar to grant exemptions
   234.    Disclosure by directors
   235.    Protection of auditors etc.
   236.    Financial year

           Division 6--Registers, records and returns

   237.    Registers to be kept by cooperatives
   238.    Location of registers
   239.    Inspection of registers etc.
   240.    Use of information on registers
   241.    Notice of appointment etc. of directors and officers
   242.    Annual report to be filed with registrar
   243.    List of members to be provided at request of registrar
   244.    Special return to be given at request of registrar

           Division 7--Name and registered office

   245.    Name to include certain matter
   246.    Use of abbreviations
   247.    Name to appear on business documents etc.
   248.    Change of name of cooperative
   248A.   Restriction on use of word cooperative or similar words
   249.    Registered office of cooperative

           Part 10--Funds and property

           Division 1--Power to raise money

   250.    Meaning of obtaining financial accommodation
   251.    Fund raising to be in accordance with Act and regulations
   252.    Limits on deposit taking
   253.    Members etc. not required to see to application of money
   254.    Registrar's directions about fundraising
   255.    Subordinated debt
   256.    Application of Corporations Act to issues of debentures
   256A.   Application of Corporations Act to particular issues of debentures
   257.    Disclosure statement
   258.    Approval of board for transfer of debentures
   259.    Application of Corporations Act—reissue of redeemed debentures
   260.    Compulsory loan by member to cooperative
   261.    Interest payable on compulsory loan

           Division 2--Charges

   262.    Registration of charges

           Division 3--Receivers and other controllers of property of cooperatives

   263.    Receivers and other controllers of property of cooperatives

           Division 4--Disposal of surplus from activities

   264.    Retention of surplus for benefit of cooperative
   265.    Application for charitable purposes or members' purposes
   266.    Distribution of surplus or reserves to members
   267.    Application of surplus to other persons

           Division 5--Acquisition and disposal of assets

   268.    Acquisition and disposal of assets

           Part 11--Restrictions on the acquisition of interests in cooperatives

           Division 1--Restrictions on share and voting interests

   269.    Application of part
   270.    Notice required to be given of voting interest
   271.    Notice required to be given of substantial share interest
   272.    Requirements for notices
   273.    Maximum permissible level of share interest
   274.    Shares to be forfeited to remedy contravention
   275.    Powers of board in response to suspected contravention
   276.    Powers of Supreme Court about contravention
   277.    Cooperative to inform registrar of interest over 20%
   278.    Cooperative to keep register
   279.    Unlisted companies to provide list of shareholders etc.
   280.    Excess share interest not to affect loan liability
   281.    Extent of operation of division
   282.    Registrar may grant exemption from division

           Division 2--Restrictions on certain share offers

   283.    Share offers to which division applies
   284.    Requirements to be satisfied before offer can be made
   285.    Some offers totally prohibited if they discriminate
   286.    Offers to be submitted to board first
   287.    Announcements of proposed takeovers about proposed company
   288.    Additional disclosure requirements for offers involving conversion to company
   289.    Consequences of prohibited offer
   290.    Registrar may grant exemptions

           Part 12--Merger, transfer of engagements, winding-up

           Division 1--Mergers and transfers of engagements

   291.    Application of division
   292.    Mergers and transfers of engagements of local cooperatives
   293.    Requirements before application can be made
   294.    Disclosure statement required
   295.    Making an application
   296.    Approval of merger
   297.    Approval of transfer of engagements
   298.    Transfer of engagements by direction of registrar

           Division 2--Transfer of incorporation

   299.    Meaning of new body and transfer
   300.    Application for transfer
   301.    Requirements before application can be made
   302.    New body ceases to be registered as cooperative
   303.    Transfer not to impose greater liability etc.
   304.    Effect of new certificate of registration
   304A.   New body must give copy of new certificate of registration or incorporation to registrar
   305.    New body is a continuation of the cooperative

           Division 3--Winding-up and deregistration

   306.    Methods of winding-up
   307.    Winding-up on registrar's certificate
   307A.   Method of deregistration
   308.    Application of Corporations Act to winding-up and deregistration
   309.    Restrictions on voluntary winding-up
   310.    Start of members' voluntary winding-up
   311.    Distribution of surplus-non-trading cooperatives
   312.    Liquidator—vacancy may be filled by registrar
   313.    Review of liquidator's remuneration
   314.    Liability of member to contribute in a winding-up if shares forfeited etc.
           Division 4 Administration of cooperative--application of Corporations Act
   315.    Application of Corporations Act to administration of cooperative

           Division 5--Appointment of administrator

   316.    Appointment of administrator
   317.    Effect of appointment of administrator
   318.    Revocation of appointment
   319.    Expenses of administration
   320.    Liabilities arising from administration
   321.    Additional powers of registrar
   322.    Stay of proceedings
   323.    Administrator to report to registrar

           Division 6--Effect of merger etc. on property, liabilities etc.

   324.    How this division applies to a merger
   325.    How this division applies to a transfer of engagements
   326.    How this division applies to a transfer of incorporation
   327.    Effect of merger etc. on property, liabilities etc.

           Division 7--Miscellaneous

   328.    Grounds for winding-up, transfer of engagements, appointment of administrator
   329.    Adoption of Corporations Law about reciprocity with other jurisdictions
   330.    Application of Corporations Act for insolvent cooperatives

           Part 13--Arrangements and reconstructions

           Division 1--General requirements

   331.    Requirements for binding compromise or arrangement
   332.    Supreme Court ordered meeting of creditors
   333.    Registrar to be given notice and opportunity to make submissions
   334.    Results of 2 or more meetings
   335.    Persons disqualified from administering compromise etc.
   336.    Application of Corporations Act to person appointed
   337.    Copy of order to be attached to rules
   338.    Directors to arrange for reports
   339.    Power of Supreme Court to restrain further proceedings
   340.    Supreme Court need not approve compromise or arrangement takeovers

           Division 2--Explanatory statements

   341.    Explanatory statement required to accompany notice of meeting etc.
   342.    Requirements for explanatory statement
   343.    Contravention of division—offence by cooperative
   344.    Provisions for facilitating reconstructions and mergers

           Division 3--Acquisition of shares of dissenting shareholders

   345.    Definitions
   346.    Schemes and contracts to which division applies
   347.    Acquisition of shares pursuant to notice to dissenting shareholder
   348.    Restrictions when excluded shares are more than 10%
   349.    Remaining shareholders may require acquisition
   350.    Transfer of shares pursuant to compulsory acquisition
   351.    Disposal of consideration for shares compulsorily acquired

           Division 4--Miscellaneous

   352.    Notification of appointment of scheme manager
   353.    Power of Supreme Court to require reports
   354.    Effect of out-of-jurisdiction compromise or arrangement
   355.    Jurisdiction to be exercised in harmony with Corporations Act jurisdiction
   356.    Registrar may appear etc.

           Part 14--Foreign cooperatives

           Division 1--Introductory

   357.    Definitions for part
   358.    Cooperatives law

           Division 2--Registration of foreign cooperatives

   359.    Operation of foreign cooperatives in Queensland
   360.    Meaning of carrying on business
   361.    Application for registration of participating cooperative

           362. Application for registration of non-participating cooperative

           363. Registrar to approve rules of non-participating cooperative

   364.    Name of foreign cooperative
   365.    Registration of foreign cooperative
   366.    Application of Act to foreign cooperatives
   367.    Registrar to be notified of certain changes
   368.    Balance sheets
   369.    Cessation of business
   370.    Cooperative proposing to register as a foreign cooperative

           Division 3--Mergers and transfers of engagements

   371.    Who is the appropriate registrar
   372.    Authority for merger or transfer of engagements
   373.    Requirements before application can be made
   374.    Disclosure statement required
   375.    Making an application
   376.    Approval of merger
   377.    Approval of transfer of engagements
   378.    Effect of merger or transfer of engagements
   379.    Division applies instead of certain other provisions of this Act

           Part 15--Supervision and protection of cooperatives

           Division 1--Supervision and inspection

   380.    Definitions for part
   381.    Cooperative includes subsidiaries, foreign cooperatives and cooperative ventures
   382.    Appointment of inspectors
   383.    Registrar and investigators have functions of inspectors
   384.    Inspector's identity card
   385.    Production or display of inspector's identity card
   386.    Powers of inspector
   387.    Inspector's appointment conditions
   388.    Entry of place
   389.    Consent to entry
   390.    Inspectors may require certain persons to appear, answer questions and produce documents
   391.    Powers of inspectors on place entered
   392.    Functions of inspectors in relation to relevant documents
   393.    Protection from incrimination
   394.    Warrants
   395.    Warrants—applications made other than in person
   396.    General powers after entering places
   397.    Power to seize evidence
   398.    Receipt for seized things
   399.    Return of seized things
   400.    Power to require name and address
   401.    False or misleading statements
   402.    Power to require production of documents
   403.    False or misleading documents
   404.    Obstruction of inspectors
   405.    Copies or extracts of records to be admitted in evidence
   406.    Privilege

           Division 2--Inquiries

   408.    Definitions for division
   409.    Appointment of investigators
   410.    Powers of investigators
   411.    Examination of involved person
   412.    Privilege
   413.    Offences by involved person
   414.    Offences relating to documents
   415.    Record of examination
   416.    Report of investigator
   417.    Proceedings following inquiry
   418.    Admission of investigator's report as evidence
   419.    Costs of inquiry

           Division 3--Prevention of fraud etc.

   420.    Falsification of records
   421.    Fraud or misappropriation
   422.    Offering or paying commission
   423.    Accepting commission
   424.    False statements in loan application etc.

           Division 4--Miscellaneous powers of the registrar

   425.    Application for special meeting or inquiry
   426.    Holding of special meeting
   427.    Expenses of special meeting or inquiry
   428.    Power to hold special inquiry into cooperative
   429.    Special meeting following inquiry
   430.    Information and evidence
   431.    Extension or abridgment of time
   432.    Power of registrar to intervene in proceedings

           Part 16--Administration of this Act

           Division 1--The registrar and other staff, and registers

   433.    Appointment of registrar
   434.    Registrar's functions
   435.    Deputy registrar and other staff
   436.    Delegation by registrar
   437.    Register of cooperatives
   438.    Keeping of registers
   439.    Disposal of records by registrar
   440.    Inspection of register
   441.    Approvals by registrar
   442.    Filing of documents
   443.    Way of filing
   444.    Power of registrar to refuse to register or reject documents

           Division 2--Protection from liability

   445.    Particular officials protected from liability

           Division 3--Evidence

   446.    Certificate of registration
   447.    Certificate evidence
   448.    Records kept by cooperatives
   449.    Minutes
   450.    Official certificates
   451.    The registrar and proceedings
   452.    Rules
   453.    Registers

           Part 17--Offences and proceedings

   454.    Offences by officers of cooperatives
   455.    Notice to be given of conviction for offence
   456.    Secrecy
   457.    False or misleading statements
   458.    Further offence for failure to do required act
   459.    Civil remedies
   460.    Injunctions
   461.    Proceedings for offences etc.

           Part 18--General

   462.    Cooperative ceasing to exist
   463.    Service of documents on cooperative
   464.    Service on member of cooperative
   465.    Reciprocal arrangements
   466.    Translations of documents
   466A.   Exemptions may be on conditions
   466B.   Notes in text
   467.    Approval of forms
   468.    Regulation making power

           Part 19--Repeals, savings and transitional

   469.    Repeal of Cooperative and Other Societies Act 1967
   470.    Repeal of Primary Producers' Cooperative Associations Act 1923
   471.    Savings and transitional provisions
           SCHEDULE 1 MATTERS FOR WHICH RULES MUST MAKE PROVISION
           1. Requirements for all cooperatives
           2. Additional matters—cooperatives with share capital
           3. Additional matters—non-trading cooperatives
           SCHEDULE 2 RELEVANT INTERESTS, ASSOCIATES, RELATED BODIES

           Part 1--Relevant interests
           1. Terminology used in this part
           2. Basic rules—relevant interests
           3. Control of corporation having power in relation to a share
           4. Control of 20% of voting power in corporation having power in relation to a share
           5. Deemed relevant interest in advance of performance of agreement that will give rise to a relevant interest
           6. Control of corporation having a relevant interest by virtue of s 5
           7. Matters not affecting application of part
           8. Corporation may have a relevant interest in its own shares
           9. Exclusions—money-lenders
           10. Exclusions—certain trustees
           11. Exclusions—instructions to securities dealer to dispose of share
           12. Exclusions—honorary proxies
           13. Exclusions—holders of prescribed offices
           14. Prescribed exclusions
           15. Effect of schedule
           16. Relevant interest—corporation other than cooperative

           Part 2--Associates
           17. Effect of part
           18. Associates of a corporation
           19. Matters relating to voting rights
           20. General
           21. Exclusions

           Part 3--Related corporations
           22. Related corporations
           SCHEDULE 3 REGISTRATION ETC. OF CHARGES

           Part 1--Preliminary
           1. Interpretation
           2. Application to charges mentioned in s 17
           3. Filing of documents

           Part 2--Registration

           Division 1--Charges
           4. To which charges does schedule apply
           5. Excluded charges
           6. Personal chattels
           7. Book debts
           8. Crops or stock
           9. Deposit of documents of title
           10. Charges on land or fixtures on land
           11. What if other property is also charged
           12. Effect of failure to file or give notice or document

           Division 2--Notice of charge
           13. Filing of notice of charge and copy of instrument
           14. Series of debentures
           15. Operation of priority provisions in relation to issue of debentures
           16. Discounts
           17. Acquisition of property subject to charge

           Division 3--Registration
           18. Register of cooperative charges
           19. Registration of documents relating to charge
           20. Provisional registration if duty not paid
           21. Provisional registration if required particulars not supplied
           22. Effect of provisional registration
           23. What if 2 or more charges relate to the same property
           24. Registration of assignment or variation of charge
           25. Standard time for the purposes of this division

           Division 4--Certain charges void against liquidator or administrator
           26. Definitions
           27. Certain charges void against liquidator or administrator
           28. Certain varied charges void against liquidator or administrator
           29. Supreme Court may extend required period
           30. Certain later charges void
           31. Effect of provisions on purchaser in good faith

           Division 5--Certain charges in favour of persons void
           32. Definitions
           33. Charges in favour of certain persons void in certain cases
           34. Supreme Court may give leave for enforcement of charge
           35. Certain transactions excluded

           Division 6--Assignment, variation or satisfaction of charges
           36. Assignment and variation of charges
           37. Satisfaction of, and release of property from, charges

           Division 7--General
           38. Filing of notices
           39. Filing offences
           40. Cooperative to keep documents relating to charges
           41. Cooperative to keep register
           42. Certificates
           43. Power of Supreme Court to rectify register
           44. Registrar may exempt from compliance with certain requirements of part

           Part 3--Order of priority

           Division 1--General
           45. Definitions
           46. Priorities of charges

           Division 2--Priority rules
           47. General priority rules in relation to registered charges
           48. General priority rule in relation to unregistered charges
           49. Special priority rules
           SCHEDULE 4 RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF COOPERATIVES
           1. Interpretation
           2. Application of schedule
           3. Persons not to act as receivers
           4. Supreme Court may declare whether controller is validly acting
           5. Liability of controller
           6. Liability of controller under pre-existing agreement about property used by cooperative
           7. Powers of receiver
           8. Controller's duty of care in exercising power of sale
           9. Supreme Court may authorise managing controller to dispose of property despite prior charge
           10. Receiver's power to carry on cooperative's business during winding-up
           11. Controller's duties in relation to financial institution accounts and financial records
           12. Managing controller to report within 2 months about cooperative's affairs
           13. Reports by receiver
           14. Supervision of controller
           15. Controller may apply to Supreme Court
           16. Power of Supreme Court to fix receiver's remuneration
           17. Controller has qualified privilege in certain cases
           18. Notification of matters relating to controller
           19. Statement that receiver appointed or other controller acting
           20. Officers to report to controller about cooperative's affairs
           21. Controller may require reports
           22. Controller may inspect books
           23. Filing controller's accounts
           24. Payment of certain debts, out of property subject to floating charge, in priority to claims under charge
           25. Enforcement of controller's duty to make returns
           26. Supreme Court may remove controller for misconduct
           27. Supreme Court may remove redundant controller
           28. Effect of ss 26 and 27
           SCHEDULE 5 SAVINGS AND TRANSITIONAL
           1. Definitions
           2. General savings
           3. Saving of existing cooperatives
           4. Society, association or federation started to be formed
           5. Amalgamation between societies or associations
           6. Amalgamation between societies and associations
           7. Conversion of association or company into a society or society or company into an association
           8. Rules to conform with Act
           9. Changes to certain rules
           10. Rules to contain active membership provisions
           11. Special resolutions
           12. Documents
           13. Existing accounts provisions apply to transferred cooperatives
           14. Winding-up
           15. Inspection or inquiry
           16. Registrar
           17. Superseded references
           18. Capital reserve fund
           19. Application for certificate of registration
           20. Securities
           21. Conversion to a company
           22. Cooperative companies
           23. Transferred cooperatives maximum permissible level of share interest
           SCHEDULE 6 TRANSITIONAL PROVISIONS FOR TRADING COOPERATIVES WITHOUT SHARE CAPITAL
           1. Purpose of schedule
           2. Application of schedule
           3. Definitions
           4. Cooperative without share capital taken to be trading cooperative
           5. Certain provisions do not apply to cooperatives without share capital
           6. Additional matters for rules
           7. Application of ss 137 and 138 to trading cooperatives without share capital
           SCHEDULE 8 DICTIONARY
           Endnotes


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