Victorian Consolidated Legislation

Co-operative Housing Societies Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



board means the board of directors of a society;

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co-operative housing society means a society of persons-

   (a)  which is formed for all or any of the objects referred to in section
        five of this Act;

   (b)  which has under its rules a share capital divided into equal shares of
        one or more classes and not being preferential shares; and

   (c)  which under its rules is to terminate on a specified date or when a
        specified object is attained or a specified event occurs- but does not
        include a Starr-Bowkett society, that is to say, a society in which
        the order of advances to members is determined either solely or partly
        by the drawing of lots;

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domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

officer, in relation to a society, includes director, secretary, or other
person empowered under the rules to act or give directions in regard to the
business of the society;

Part means Part of this Act;

preferential shares includes any shares or classes of shares in a society (by
whatever name they may be described) entitled-

   (a)  to a fixed rate of dividend;

   (b)  to any other right to participate in the profits or assets of the
        society; or

   (c)  to any other rights whatsoever- in preference to any other shares or
        class of shares in that society or to any of the rights attaching
        thereto or which entitle the holders to any other preference
        whatsoever in respect of the payment of dividends, interest, rebates
        or bonuses or upon the winding up or dissolution of the society or
        otherwise;

prescribed means prescribed by this Act or the regulations or (where the case
so requires) by the rules;

Registrar means the Registrar of Co-operative Housing Societies referred to in
section 62;





regulations means regulations made under this Act;

rules means rules of a society for the time being in force;

society means co-operative housing society;

spouse of a person means a person to whom the person is married;



valuator means a person who holds the qualifications or experience specified
under section 13DA(1A) of the Valuation of Land Act 19601.





(2) In this Act-

   (a)  any reference to land or freehold property shall be deemed to include
        a reference to a residence area within the meaning of the
        Land Act 1958;

   (b)  any reference to the ownership of land or freehold property or to the
        owner thereof shall be deemed to include a reference to the right to
        occupy such a residence area or (as the case may be) to the holder of
        such a right;

   (c)  any reference to a mortgage of land or freehold property shall be
        deemed to include a reference to an encumbrance, by way of security,
        of the right to occupy such a residence area; and

   (d)  any reference to the registration of a mortgage of land or freehold
        property shall be deemed to include a reference to the registration,
        pursuant to regulations made under the said Act, of an encumbrance of
        the right to occupy such a residence area:

Provided that, in the making of a valuation of a residence area for any of the
purposes of this Act, regard shall be had-

        (i)    to the limited nature of the tenure of such residence area as
               provided in the said Act;

        (ii)   to the restrictions imposed by or under the said Act upon the
               occupation and user thereof; and

        (iii)  to the fact that under the said Act the holder of the right to
               occupy such area may become the owner in fee simple of the land
               comprised therein only upon compliance with the conditions
               provided in the said Act including the payment of a purchase
               price of such land to be determined by the Minister
               administering Division 11 of Part 1 of the Land Act 1958.

(3) In this Act-

   (a)  any reference to land or freehold property shall be deemed to include
        a reference to a licence to occupy land for residence purposes granted
        pursuant to section one hundred and thirty-eight of the Land Act 1958;

   (b)  any reference to the ownership of land or freehold property or to the
        owner thereof shall be deemed to include a reference to the right
        granted by such a licence or (as the case may be) the holder of such a
        licence;

   (c)  any reference to a mortgage of land or freehold property shall be
        deemed to include a reference to a lien, by way of security, on the
        improvements upon any land in respect of which such a licence is in
        force; and

   (d)  any reference to the registration of a mortgage of land or freehold
        property shall be deemed to include a reference to the registration,
        pursuant to regulations made under the said Act, of a lien on
        improvements as referred to in paragraph (c) of this subsection:

Provided that in the making of a valuation of such a licence as aforesaid for
any of the purposes of this Act, regard shall be had-

        (i)    to the limited nature of the right granted by such licence as
               provided in the said Act;

        (ii)   to any restrictions imposed by or under the said Act upon the
               occupation and user of the land to which the licence relates;
               and

        (iii)  to the fact that under the said Act the holder of the licence
               may purchase the land to which the licence relates only in
               accordance with the provisions of the said Act and at a price
               to be determined by the Minister administering section 138 of
               the Land Act 1958.

(4) In this Act and in any regulation made thereunder (whether before or after
the commencement of this Act) and in the rules of every society (whether
registered before or after the said commencement) any reference, however
expressed, to the erection of a dwelling-house on any land shall be deemed to
include and always to have included a reference to-

   (a)  the constructing forming levelling draining paving flagging
        macadamizing or otherwise making good of any portion or portions of
        the streets or roads abutting upon the land upon which the
        dwelling-house is or will be erected;

   (b)  the curbing flagging paving or asphalting of any portion or portions
        of the footways or pathways abutting upon any such land;

   (c)  the supplying installing and connecting of sewerage fittings and
        connexions to the dwelling-house;

   (d)  the provision of drainage for the land (whether or not wholly upon the
        land);

   (e)  the completing of the erection of the dwelling-house notwithstanding
        that the foundations footings framework or other portions thereof had
        already been constructed or commenced; and



   (f)  the adding of one or more rooms out-buildings or other permanent
        improvements to a dwelling-house in respect of which an advance had
        previously been made by the society in question-

and any reference, however expressed, in this Act or in any rules registered
or regulations made thereunder after the commencement of the Co-operative
Housing Societies Act 1948 to the making of an advance for the purchase of any
land on which a dwelling-house is situated shall be deemed to include a
reference to the making of an advance or any part of an advance for the
carrying out of all or any of the acts matters and things referred to in
paragraphs (a) to (f) of this subsection in relation to the land and house
purchased.

(5) In this Act-





   (a)  any reference to the purchase of land on which is situated a
        dwelling-house shall, without limiting the generality of that
        expression, include a reference to the purchase of a stratum estate
        within the meaning of the Transfer of Land Act 1958 or a lot on a
        registered plan of subdivision within the meaning of the
        Subdivision Act 1988, being a residential flat (hereinafter called a
        stratum estate);

   (b)  any reference to the making of advances upon the security of freehold
        property shall include a reference to the making of an advance upon
        the security of a mortgage of a stratum estate.

(6) For the purposes of the definition of domestic partner in section 3(1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.

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(8) A society may make an advance upon the security of a mortgage on a stratum
estate notwithstanding that a charge to the service company takes priority
over that mortgage and notwithstanding any provision of this Act or of the
rules of the society to the contrary.

(9) In subsection (5) of this section residential flat means a part or parts
of a building which part or parts is or are designed and intended for use as a
separate dwelling-house for a single family unit and the appurtenance thereto.