South Australian Consolidated Acts

SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Statutory price
   5.      Financial year
   6.      Exclusion of operation of Corporations Act 2001 of the Commonwealth

   PART 2--Administration

           Division 1--The Minister

   6A.     Functions and powers of Minister
   7.      Power of Minister to delegate

           Division 3--Functions and powers of SAHT

   16.     Functions and powers of SAHT
   17.     Delegation

           Division 5--Operational, property and financial matters

   18A.    Transfer of property etc
   18B.    Tax and other liabilities
   18C.    Dividends
   19.     Accounts and audit
   20.     Annual report

           Division 6--Registers and inspection

   21.     Registers and inspection

   PART 3--Registration of housing co-operatives

           Division 1--Registration and incorporation

   22.     Registration
   23.     Incorporation
   24.     Rights and liabilities of members

           Division 2--Amalgamation

   25.     Amalgamation

           Division 3--Rules

   26.     Status of rules
   27.     Alteration of rules

           Division 4--Powers

   28.     Powers of a registered housing co-operative

           Division 5--Transactions

   29.     Manner in which contracts may be made
   30.     Limitation of doctrine of ultra vires
   31.     Abolition of doctrine of constructive notice in relation to registered housing co-operatives

   PART 4--Membership

           Division 1--The nature of membership

   32.     Application for membership
   33.     Voting rights of members
   34.     Membership fees
   35.     Obligations of membership
   36.     Control of payments to members etc

           Division 2--Application of rules of natural justice

   37.     Rules of natural justice to apply in relation to any dispute

   PART 5--Management

           Division 1--The committee of management

   38.     Management of registered housing co-operative
   39.     Qualification of a committee member and vacation of office
   40.     Appointment of committee members
   41.     Validity of acts of committee members
   42.     Conflict of interest
   43.     Meetings of a committee of management

           Division 2--Duties and liabilities of officers and employees

   44.     Duties and liabilities of officers and employees

           Division 3--Meetings of a co-operative

   45.     Meetings of a co-operative

           Division 4--Accounts and audit

   46.     Accounting records to be kept
   47.     Preparation of accounts and audit
   48.     Accounts and reports to be laid before annual general meeting

           Division 5--Miscellaneous

   49.     Returns and other information
   50.     Right of inspection

   PART 6--Investment shares

           Division 1--Issue of shares

   51.     Issue of investment shares
   52.     Share capital account
   53.     Co-operative financing dealings in its shares etc

           Division 2--Title to shares

   54.     Numbering of share allotments
   55.     Share certificates
   56.     Loss or destruction of certificates

           Division 3--Redemption or cancellation of shares

   57.     Redemption of investment shares
   58.     Cancellation of shares

           Division 4--Miscellaneous

   59.     Restriction on offering shares etc for public subscription
   60.     Prohibition of charges on shares
   61.     Validation of share improperly issued

   PART 7--Funding

           Division 1--Preliminary

   62.     Interpretation

           Division 3--Financial transactions

   64.     Financial transactions

           Division 4--Statutory charge

   65.     Creation of charge
   66.     Enforcement of charge
   67.     Creation of option
   68.     Paying out the charge

   PART 8--Powers of investigation

   69.     Appointment of authorised officers
   70.     Powers of investigation

   PART 9--Special powers of intervention

   71.     Grounds for intervention
   72.     Appointment of administrator

   PART 10--Compromise, winding up, transfer of activities and dissolution

   73.     Power to compromise with creditors
   74.     Winding up
   75.     Appeals from decisions of receivers, liquidators, managers etc
   76.     Transfer of activities
   77.     Distribution of assets on winding up
   78.     Defunct co-operatives
   79.     Outstanding property of former co-operative
   80.     Disposal of outstanding property
   81.     Removal of name from register
   82.     Offences
   83.     Assistance to tenants

   PART 11--Appeals

   84.     Appeals

   PART 12--Miscellaneous

   85.     Tenancy agreements must be in writing
   86.     Special provision relating to borrowing of money
   87.     Restrictions on shares
   88.     Persons under disability
   89.     Transfer of incorporated associations to this Act
   90.     Use of abbreviation "Inc."
   91.     Misrepresentation as to registration under this Act
   92.     Power to reject documents etc
   93.     False or misleading statements
   94.     General power to grant extensions and exemptions
   95.     Ability of Minister to convene special meetings of co-operatives
   96.     Evidentiary provision
   97.     Service on registered housing co-operatives
   98.     Failure to supply appropriate information
   99.     Continuing offences
   100.    Default on the part of officers
   101.    General defence
   102.    Proceedings for offences
   103.    Government guarantee
   104.    Remission from taxes etc
   105.    Fees in respect of lodging documents
   106.    Rule against perpetuities
   107.    Regulations
           SCHEDULE 1--Housing associations
           SCHEDULE 2--Associated land owners
           Legislative history