South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 11

11—Modifications to applied provisions

        (1)         If a provision of this Act declares a matter to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 (the "declaratory provision ) in relation to any provisions of the Corporations legislation (the "applied provisions"), the declaratory provision is taken to specify the following modifications to the applied provisions:

            (a)         a reference to a constitution is to be read as a reference to the rules;

            (b)         a cross-reference to another provision of the Corporations Act is, if that cross-reference is not appropriate (because, for example, the provision cross-referred to is not among the applied provisions), to be read as a cross-reference to the equivalent provision of this Act;

            (ba)         a reference to the Australian Securities and Investments Commission, however referred to, is to be read as a reference to the Corporate Affairs Commission;

            (c)         a reference to the Gazette is to be read as a reference to the South Australian Gazette;

            (d)         a reference to the Commonwealth is to be read as a reference to the State;

            (e)         provisions which are not relevant to co-operatives or which are incapable of application to co-operatives are to be ignored;

            (f)         modifications directed by the Commission under subsection (2).

        (2)         The Commissioner may, by order published in the Gazette, give directions as to the modifications that are necessary or desirable for the effectual operation of applied provisions.

        (3)         This section has effect subject to any specific requirements of provisions of this Act that apply provisions of the Corporations Act.