Western Australian Consolidated Acts

COMPANIES (CO-OPERATIVE) ACT 1943 - SECT 11A

11A .         Co-operative companies excluded from Corporations legislation

        (1)         The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsection (2) —

            (a)         a co-operative company;

            (b)         any act or omission of any person, body or other entity in relation to a co-operative company.

        (2)         The provisions referred to in subsection (1) are —

            (a)         provisions that relate to any matter that the regulations provide is not to be excluded from the operation of the Corporations legislation;

            (b)         provisions that relate to the role of a co-operative company in the formation of a company;

            (c)         provisions that relate to substantial holdings, by or involving a co-operative company, in a company;

            (d)         provisions that confer or impose functions on a co-operative company as a member, or former member, of a corporation;

            (e)         provisions that relate to dealings by a co-operative company in securities of a body corporate, other than securities of the co-operative company itself;

            (f)         provisions that confer or impose functions on a co-operative company in its dealings with a corporation, not being dealings in securities of the co-operative company;

            (g)         provisions that relate to securities of a co-operative company, other than shares in, debentures of or deposits with a co-operative company;

            (h)         provisions relating to the futures industry;

                  (i)         provisions relating to participants in the securities industry;

            (j)         provisions relating to the conduct of securities business;

            (k)         provisions relating to dealers’ accounts and audit;

            (l)         provisions relating to money and scrip of dealers’ clients; or

            (m)         provisions relating to registers of interests in securities.

        (3)         The provisions specified in subsection (2) only apply to a co-operative company to the extent to which a co-operative company may engage in the activities covered by those provisions.

        (4)         In this section —

        body corporate , company , corporation and other expressions used in the Corporations Act 2001 of the Commonwealth have the meaning given by that Act;

        co-operative company means a company registered under Part VI of this Act.

        [Section 11A inserted by No. 10 of 2001 s. 41.]