South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accounting records" includes—
(a)
invoices, receipts, orders for the payment of money, bills of exchange,
cheques, promissory notes, vouchers and other documents of prime entry; and
(b) such
working papers and other documents as are necessary to explain the methods and
calculations by which accounts are made up;
"associate" of a person means—
(a) a
body corporate of which the person is a director or a member of the governing
body; or
(b) a
proprietary company in which the person is a shareholder; or
(c) a
beneficiary under a trust or an object of a discretionary trust of which the
person is a trustee; or
(d) a
partner of the person (the partnership being a partnership within the meaning
of the Partnership Act 1891 ); or
(e) an
employer or employee of the person; or
(f) a
spouse of the person; or
(g) a
person (not being a spouse) with whom the person lives on a permanent domestic
basis; or
(h) a
parent, grandparent, step-parent, child, grandchild, step-child, brother,
sister, step-brother, step-sister, uncle, aunt, nephew, niece or first-cousin
of the person;
"associated land owner", in relation to a registered housing association,
means the registered proprietor of land that is leased by the
registered housing association for the purposes of providing housing;
"capital value" means—
(a) a
value determined in accordance with regulations made for the purposes of this
definition; or
(b) if
no such regulations are made—capital value defined in the
Valuation of Land Act 1971 ;
"Chief Executive" means the Chief Executive of the Department and includes the
person for the time being acting in that position;
"committee member" of a registered housing co-operative means any person
occupying or acting in the position of member of the committee of management
of the co-operative;
"committee of management" means a committee of management of a registered
housing co-operative;
"current market value", in relation to property, means the price that could
reasonably be expected to be obtained on a sale of the property (free of
encumbrances) on the open market;
"Department" means the administrative unit designated from time to time by the
Minister by notice in the Gazette as being the Department primarily
responsible for assisting the Minister in the administration of this Act;
"financial statements" means accounts of income and expenditure, and balance
sheets, and includes such statements, reports and notes (other than auditors'
reports) as are attached to, or intended to be read with, any of those
accounts or balance sheets;
"housing association" means an association—
(a)
which is formed principally to provide housing accommodation (not necessarily
for its members); and
(b)
which does not trade for profit;
"housing co-operative" means an association which is formed—
(a) on
the basis of the principles of co-operation; and
(b)
principally to provide housing accommodation to its members;
"investment share" means a share issued by a registered housing co-operative
under Part 6;
"issue", in relation to an investment share, includes allot;
"officer", in relation to a registered housing co-operative, means a
committee member or executive officer of the co-operative;
"principles of co-operation" see subsection (2);
"property" of a housing association—see subsection (6);
"registered housing association" means a housing association registered under
Schedule 1;
"the rules" of a co-operative means the constitution, rules and by-laws of the
co-operative;
"SAHT" means the South Australian Housing Trust and includes a subsidiary of
the South Australian Housing Trust ;
"secondary co-operative" means an association or society formed (wholly or in
part) on the basis of the principles of co-operation to provide support or
assistance to registered housing co-operatives and includes an association or
society formed by two or more registered housing co-operatives for their
mutual benefit;
"special resolution", in relation to a registered housing co-operative, means
a resolution as to which the following conditions are satisfied:
(a) at
least 14 days written notice, setting out the terms of the proposed
resolution, is given to all members of the co-operative; and
(b) the
resolution is supported at a duly convened meeting of the co-operative by not
less than three-quarters of those members of the co-operative who, being
entitled to do so, exercise a vote at the meeting;
"statutory corporation" means a body established under the
Housing and Urban Development (Administrative Arrangements) Act 1995 ;
"statutory price" see section 4;
"subsidised co-operative" means a registered housing co-operative any real
property of which is subject to a charge under Part 7;
"tenancy agreement" means any agreement, whether express or implied, under
which a member of a registered housing co-operative is granted by the
co-operative a right to occupy, whether exclusively or otherwise, and whether
immediately or at some time in the future, any residential premises or
proposed residential premises (or part of such premises) for the purposes of
residence;
"tenant-member" of a registered housing co-operative means—
(a) a
member of the co-operative who has entered into a tenancy agreement with the
co-operative; or
(b) a
person whose application for membership of the co-operative as a tenant-member
has been accepted;
"unanimous resolution", in relation to a registered housing co-operative,
means a special resolution of the co-operative passed without any dissentient
vote.
(2) An association
will, for the purposes of this Act, be regarded as having been formed on the
basis of the principles of co-operation if the following conditions are
satisfied:
(a)
membership of the association must be voluntary and available without
artificial restriction or any discrimination based on sex, sexuality, marital
status, pregnancy, race, physical or intellectual impairment, age or political
opinion to all who can make use of its services and are willing to accept the
responsibilities of membership; and
(b) the
affairs of the association must be administered on a fair and democratic basis
by persons who are elected or appointed by the members of the association and
who are accountable to them; and
(c) no
dividend may be declared on shares in the association; and
(d) any
surplus or savings arising from the operations of the association must belong
to the members of the association and must be distributed in such a way that
no member gains at the expense of others; and
(e) the
association should support the education of its members, officers and
employees, and of the general public, in the principles and practices of
co-operation (both economic and democratic); and
(f) the
association should, in the interests of its members and the community,
actively co-operate in every practical way with similar associations at the
local, national and international level.
(3) An association
will not, for the purposes of this Act, be regarded as not complying with the
principles of co-operation by virtue only of the fact that membership of the
association is limited, on a genuine and reasonable basis, to—
(a)
persons of one sex; or
(b)
persons of a particular marital status; or
(c)
persons who have a particular disability or impairment; or
(d)
persons of a particular age group.
(4) Subject to
subsection (5), a housing co-operative of which—
(a) a
principal or subsidiary object is to secure a pecuniary profit for all or any
of its members; or
(b) a
principal or subsidiary object is to engage in trade or commerce,
is not, unless the Minister otherwise approves, eligible to be registered
under this Act.
(5) A
housing co-operative will not, for the purposes of this Act, be regarded as
having as a principal or subsidiary object the securing of a pecuniary profit
for any of its members or engaging in trade or commerce by reason only of any
one or more of the following circumstances:
(a) the
co-operative itself makes a pecuniary profit;
(b) the
co-operative subsidises rents or other outgoings payable by its members;
(c) the
co-operative buys, sells, improves or otherwise deals with land or houses to
provide more, or improved, housing accommodation for its members;
(d) the
co-operative enters into transactions intended to provide financial support to
the co-operative in a manner that is directly related to the provision of
housing accommodation.
(6) For the purposes
of this Act, a reference to property or premises of, or held by, a
housing association includes a reference to property or premises of an
associated land owner leased by the housing association for the purposes of
providing housing.