CO-OPERATIVE HOUSING SOCIETIES ACT 1958 - SECT 3 Definitions

CO-OPERATIVE HOUSING SOCIETIES ACT 1958 - SECT 3

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

S. 3(1) def. of authorised deposit-taking institution

inserted by No. 11/2001 s. 3(Sch. item 15.1).

"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;

S. 3(1) def. of Commission

inserted by No. 48/1992 s. 94(1), repealed by No. 37/1999 s. 58(Sch. 2 Pt 1 item 1(a)).

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S. 3(1) def. of co-operative housing society amended by No. 8786 s. 2(a).

"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;

S. 3(1) def. of Council inserted by No. 36/1990 s. 12, repealed by No. 48/1992 s. 104(a).

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S. 3(1)

def. of domestic partner inserted by No. 27/2001 s. 8(Sch. 6 item 1.1.), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 10.1).

"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;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 20.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of preferential shares inserted by No. 8786 s. 2(b).

"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;

S. 3(1) def. of Registrar substituted by Nos 48/1992 s. 94(2), 37/1999 s. 58(Sch. 2 Pt 1 item 1(b)).

"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;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 8(Sch. 6 item 1.1).

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

S. 3(1) def. of valuator inserted by No. 7575 s. 2, substituted by Nos 8405 s. 7(a), 91/1994 s. 36(2)(a), repealed by No. 67/2017 s. 75(2).

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S. 3(1) def. of valuer inserted by No. 67/2017 s. 75(1).

"valuer" means a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of   Land Act 1960 .

    (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:

S. 3(2) Proviso amended by No. 29/2006 s. 3(Sch. 1 item 6.1).

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:

S. 3(3) Proviso amended by No. 29/2006 s. 3(Sch. 1 item 6.2).

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.

S. 3(5) inserted by No. 6457 s. 2 (as amended by No. 6489 s. 4(Sch. item 18(b)).

    (5)     In this Act—

S. 3(5)(a) substituted by No. 7551 s. 47, amended by No. 53/1988 s. 45(Sch. 3 item 6) (as amended by No. 47/1989 s. 23(2)).

        (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 );

S. 3(5)(b) amended by No. 7097 s. 2(a).

        (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.

S. 3(6) inserted by No. 6457 s. 2, repealed by No. 7097 s. 2(b), new s. 3(6) inserted by No. 27/2001 s. 8(Sch. 6 item 1.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 10.2).

    (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.

S. 3(7) inserted by No. 6457 s. 2, amended by No. 6821 s. 2, repealed by No. 7097 s. 2(b).

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S. 3(8) inserted by No. 6457 s. 2, amended by No. 7097 s. 2(c)(i)(ii).

    (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.

S. 3(9) inserted by No. 6457 s. 2, amended by No. 7097 s. 2(d).

    (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.

S. 3A

inserted by No. 48/1992 s. 94(3), substituted by No. 37/1999 s. 58(Sch. 2 Pt 1 item 2).