Victorian Consolidated Legislation

CO-OPERATIVE HOUSING SOCIETIES ACT 1958

No. 6226 of 1958
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repeal Schedule 3. Definitions
   3A.     Construction of references to Commission

   PART I-GENERAL

   4.      Formation and registration of co-operative housing societies
   4A.     Societies excluded from Corporations legislation
   5.      Objects of society
   6.      Power of society to raise money on loan

   PART II-INCORPORATION OF SOCIETIES

           Division 1-Registration, &c.

   7.      Liability and membership
   8.      Formation and registration of society
   9.      As to names of societies
   10.     Certificate of incorporation as evidence

           Division 2-Mergers and transfers of engagements

   11.     Application for merger or transfer of engagements between societies
   12.     Registrar may register merged society
   13.     Certificate confirming transfer of engagements between
           societies
   14.     Registrar may direct a transfer of engagements between
           societies
   15.     Society to comply with direction
   16.     Day on which transfer of engagements takes effect
   17.     Effect of merger
   18.     Effect of transfer of engagements
   18A.    References to documents
           19-23. Repealed

           Division 3-Members and Funds

   24.     Members of societies
   25.     Capital and shares
   26.     Liability of members
   27.     Cancellation of shares
   28.     Society's charge on shares
   29.     Payment of sum due on unadvanced shares without probate

           Division 4-Privileges, powers, and duties

   30.     Society to be a body corporate
   31.     Exemption from fees
   32.     Acquisition of property
   33.     Raising loans
   33A.    Society may act as trustee or agent
   34.     As to advances by societies
   35.     Contracts by society
   36.     As to name and address of society
   37.     Service of documents on society
   38.     Effect of rules
   39.     Registers and accounts
   40.     Inspection of registers etc.
   41.     Returns
   42.     Charges
   43.     No voting by proxy
   44.     Special resolution

           Division 5-Quarterly returns and reports

   44A.    Quarterly returns by society
   44B.    Auditor to submit report

           Division 6-Directions of Registrar

   44C.    Intervention by the Registrar

           Division 7-Supervision levy

   44CA.   Industry Supervision Fund
   44D.    Supervision levy

   PART III-RULES, MANAGEMENT, &c.

           Division 1-Rules

   45.     Model rules
   46.     Rules of a society
   47.     Alteration of rules

           Division 2-Management

   48.     Board of directors
   49.     Appointment of director by Treasurer in certain cases
   49A.    Appointment of administrator
   50.     Annual meeting
   51.     Voting by members
   52.     Minutes
   53.     Officers
   54.     Certain dealings by directors prohibited
   55.     Dismissal of director after inquiry in certain cases
   56.     Audit
   57.     Financial year

           Division 3-Valuations

   58.     Valuations of property to be made by sworn valuators

           Division 4-Winding up, &c.

   59.     Winding up voluntarily or by court
   60.     Liability of members and past members in winding up
   61.     Repealed

   PART IV-ADMINISTRATION

           Division 1-Registry

   62.     Employment of Registrar
   62A.    Registrar's functions
   62B.    Delegation by Registrar
   63.     Documents to be kept in office of registrar
   64.     Payments to be made for giving of information
   65.     Power to registrar to require evidence
   66.     Inspection of books
   67.     Special general meeting or inquiry
   68.     Inquiry by registrar or inspector
   69.     Powers of registrar or inspector upon inquiry
   70.     Public office of Registrar and inspection of documents
   70A.    Power of Registrar to reject documents etc.
   71.     Repealed

           Division 1A-Examiners

   71A.    Appointment of examiners
   71B.    Powers of examiners
   71C.    Offences in relation to examiners

           Division 2-Co-operative Housing Societies Advisory Committee

   72.     The Committee
   72A.    Functions of Committee

           Division 3-General

   72B.    Secrecy

   PART IVA-Repealed

   PART V-GOVERNMENT GUARANTEES AND INDEMNITIES

           Division 1-Guarantees

   73.     Treasurer's guarantees
   74.     Provisions relating to guarantees
   75.     Aggregate liability under guarantees
   75A.    Execution of guarantees and entering into of agreements

           Division 2-Indemnities

   76.     Treasurer's indemnity against loss
   77.     Aggregate liability under indemnities
   77A.    Entering into of agreements

   PART VI-MISCELLANEOUS

           Division 1-Evidence

   78.     Certificates
   79.     Rules
   80.     Registers
   81.     Minutes
   82.     Entries in books
   83.     Saving

           Division 2-Offences

   84.     Failure to display name, keep rules, give returns or
           information
   85.     Acting as director after office vacated
   86.     Carrying on unlawful business
   87.     Carrying on business with too few members
   88.     Using wrong name
   89.     Improper sealing
   90.     Taking money before registration
   91.     False copies of rules
   92.     False entries
   93.     Imposition and misapplication of moneys
   94.     Improper commissions
   95.     General penalties
   96.     Recovery of fines, penalties
   97.     Civil remedies in case of contravention

           Division 3-Regulations

   98.     Regulations
           __________________
           SCHEDULE-Repeal
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details