Co-operatives (Adoption of National Law) Act 2012

This Act is the Co-operatives (Adoption of National Law) Act 2012.

This Act commences on a day or days to be appointed by proclamation.

Different days may be appointed under subsection (1) for the commencement of different provisions of the Co-operatives National Law.

For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Co-operatives National Law.

In the local application provisions of this Act—

Co-operatives National Law (NSW) means the provisions applying in relation to this jurisdiction because of section 4 (1).

Co-operatives National Regulations or National Regulations means the Co-operatives National Regulations made under the Co-operatives National Law.

Co-operatives National Regulations (NSW) means the provisions applying in relation to this jurisdiction because of section 4 (2).

instrument includes a document.

local regulations means regulations made under section 18, but does not include the Co-operatives National Regulations and the Co-operatives National Regulations (NSW).

Secretary means—

the Commissioner for Fair Trading, Department of Customer Service, or

if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.

this jurisdiction means the State of New South Wales.

Terms used in the local application provisions of this Act and also in the Co-operatives National Law have the same meanings in those provisions as they have in that Law.

The Appendix forms part of this Act but notes included in this Act (other than in the Appendix) do not form part of this Act.

The Co-operatives National Law, as in force from time to time, set out in the Appendix to this Act—

applies as a law of this jurisdiction, and

as so applying may be referred to as the Co-operatives National Law (NSW), and

so applies as if it were an Act.

The Co-operatives National Regulations, as in force from time to time—

apply as National Regulations in force for the purposes of the Co-operatives National Law (NSW), subject to modifications prescribed by the local regulations, and

as so applying may be referred to as the Co-operatives National Regulations (NSW).

Note—

The Co-operatives National Regulations as in force from time to time apply by virtue of this provision as National Regulations for the purposes of the Co-operatives National Law (NSW). The regulations as so applying and referred to as the Co-operatives National Regulations (NSW) are interpreted in accordance with that Law (and see in particular clauses 15 and 37 of Schedule 4 to that Law).

In the Co-operatives National Law (NSW)—

police officer means a member of the NSW Police Force who is a police officer within the meaning of the Police Act 1990.

public sector official means a person employed in the Public Service.

Registrar means the Secretary, who is designated by section 24 as the Registrar of Co-operatives.

this jurisdiction means the State of New South Wales.

The following Acts of this jurisdiction do not apply to the Co-operatives National Law (NSW), the Co-operatives National Regulations (NSW), the Co-operatives National Regulations or other instruments (excluding local regulations) made under that Law—

Interpretation Act 1987,

Subordinate Legislation Act 1989.

With respect to the definition of designated authority in the Co-operatives National Law (NSW)—

the Registrar is specified for the purposes of sections 15, 601 and 622 of that Law, and

the Secretary is specified for the purposes of sections 492, 494 and 520 of that Law, and

an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 is specified for the purposes of sections 504 and 505 of that Law.

With respect to the definition of designated instrument in the Co-operatives National Law (NSW)—

an order in writing in the approved form is specified for the purposes of the provisions of that Law referred to in Column 2 of the table to this subsection and for the person or class (if any) or in the circumstances (if any) specified in that Column, and

a Gazette notice in the approved form is specified for the purposes of the provisions of that Law referred to in Column 3 of the table to this subsection and for the person or class (if any) or in the circumstances (if any) specified in that Column, and

a written notice in the approved form is specified for the purposes of section 443 (5) of that Law.

Table

Column 1

Column 2

Column 3

Item

Designated instrument is an order in writing

Designated instrument is a Gazette notice

1

…

Section 33 (1) (certificate of registration)

2

Section 35 (5) (a) (exemption from special postal ballot for amendment of rules for conversion)—for individual co-operative

Section 35 (5) (b) (exemption from special postal ballot for amendment of rules for conversion)—for class of co-operatives

3

…

Section 60 (2) (specifying rule amendments requiring prior approval by Registrar)

4

Section 71 (1) (exemption from requirements of Division 2 of Part 2.4)—for individual co-operative

Section 71 (1) (exemption from requirements of Division 2 of Part 2.4)—for class of co-operatives

5

Section 92 (6) (exemption from complying with disclosure direction)

…

6

Section 171 (1) (exemption from requirements of Division 5 of Part 2.6)—for individual co-operative

Section 171 (1) (exemption from requirements of Division 5 of Part 2.6)—for class of co-operatives

7

…

Section 221 (1) (approval of omission of “Limited” or “Ltd” from name)

8

Section 226 (6) (exemption from requirement to display location notice)—for individual small co-operative

Section 226 (6) (exemption from requirement to display location notice)—for class of or all small co-operatives)

9

Section 316 (1) (exemption for individual co-operative from accounting and auditing provisions)

…

10

…

Section 317 (1) (exemption for class of co-operatives from accounting and auditing provisions)

11

…

Section 319 (1) (exemption for non-auditor members and former members of audit firms, and former employees of audit companies from accounting and auditing provisions)

12

…

Section 320 (1) (exemption for classes of non-auditor members etc from accounting and auditing provisions)

13

…

Section 322 (1) (exemption from National Regulations made under Part 3.3)

14

Section 338 (6) (exemption from compliance with section 338)—for individual co-operative

Section 338 (6) (exemption from compliance with section 338)—for class of co-operatives

15

Section 343 (10) (exemption from compliance with section 343)—for individual co-operative

Section 343 (10) (exemption from compliance with section 343)—for class of co-operatives

16

Section 359 (3) (exemption from compliance with section 359 or 248)

…

17

Section 363 (2) (stating maximum greater than 20% of nominal value of issued share capital)—for individual co-operative

Section 363 (2) (stating maximum greater than 20% of nominal value of issued share capital)—for class of co-operatives

18

…

Section 372 (1) (exemption of person or class of persons from the operation of Division 1 of Part 3.5)

19

Section 380 (1) (exemption from compliance with Division 2 of Part 3.5 or section 248)

…

20

Section 397 (4) (exemption from compliance with section 397)

…

21

…

Section 401 (7) (notification by Registrar of date of effect of transfer of engagements between co-operatives)

22

Section 404 (4) (exemption from compliance with section 404 or 248)

…

23

Section 445 (3) (exemption from compliance with section 445 or 248)—for individual co-operative

Section 445 (3) (exemption from compliance with section 445 or 248)—for class of co-operatives

24

Section 607 (3) (Registrar’s approval)—for individual co-operative or person

Section 607 (3) (Registrar’s approval)—for class of co-operatives or persons

The following provisions have effect with respect to the definition of designated tribunal in the Co-operatives National Law (NSW)—

the Supreme Court is specified for the purposes of the provisions of that Law in which the term is used, except Part 7.3 of that Law,

the Civil and Administrative Tribunal is specified for the purposes of Part 7.3 of that Law.

For the purposes of sections 201 (b), 444 (3) (k) and 451 (1) (f) of the Co-operatives National Law (NSW), the reference to 23 June 1993 is to be read as a reference to 15 December 1995.

For the purposes of section 436 (3) (b) (i) of the Co-operatives National Law (NSW), references in section 1339 of the Corporations Act to crediting an amount to the Companies and Unclaimed Moneys Special Account are to be read as references to dealing with the amount as unclaimed money in accordance with the Unclaimed Money Act 1995.

For the purposes of section 436 (3) (b) (ii) of the Co-operatives National Law (NSW), section 1341 (1) and (2) of the Corporations Act are taken to be replaced by subsection (3) of this section.

The amount is to be dealt with in accordance with the Unclaimed Money Act 1995, and accordingly applications for the payment of the amount may be made under that Act to the Chief Commissioner of State Revenue.

For the purposes of section 453 (d) of the Co-operatives National Law (NSW), references in sections 601AD–601AF of the Corporations Act to the Commonwealth are to be read as references to the State of New South Wales.

For the purposes of section 453 (e) of the Co-operatives National Law (NSW), references in section 601AE of the Corporations Act to crediting an amount to a Special Account (within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth) are to be read as references to crediting the amount to the Special Deposits Account (within the meaning of the Government Sector Finance Act 2018).

Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to warrants under Part 6.4 of the Co-operatives National Law (NSW).

Part 6.4 of the Co-operatives National Law (NSW) does not apply to the extent of any inconsistency with that Division.

Note 1—

Section 7 (1) (c) of this Act provides for authorised officers within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to be designated authorities for the issue of warrants under the Law.

Note 2—

Section 518 of the Law contemplates that the Co-operatives National Law Act of a jurisdiction may contain machinery and other provisions for applications for, the issue of, and the execution of, warrants.

Note 3—

Section 483 of the Law provides that Part 6.4 (which includes section 518) applies to a jurisdiction except to the extent (if any) that the Co-operatives National Law Act of a jurisdiction provides otherwise, and with the modifications (if any) made by that Act.

For the purposes of section 530 (3) (b) of the Co-operatives National Law (NSW), the prescribed entity is the State of New South Wales.