s 1Short title

This Act may be cited as the Co-operatives (National Uniform

Legislation) Act 2015.

s 2Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

s 3Interpretation

(1) 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 set out in the Appendix to this Act.

(2)

In the local application provisions of this Act:

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

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

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

local regulations means regulations made under section 20 of this Act.

this jurisdiction means the Territory.

(3) Terms used in the local application provisions of this Act and also in the Co-operatives National Law set out in the Appendix to this Act have the same meanings in those provisions as they have in that Law.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Part 2 Adoption of National Law

Division 1 Provisions for adoption of National Law and Regulations

s 4Adoption of Co-operatives National Law and Regulations

(1) The Co-operatives National Law set out in the Appendix to this Act:

(a)

applies as a law of this jurisdiction; and

(b) as so applying may be referred to as the Co-operatives National Law (NT); and

(c)

as so applying, is a part of this Act.

(2) The Co-operatives National Regulations, as in force from time to time:

(a) apply as National Regulations in force for the Co-operatives National Law (NT), subject to modifications prescribed by the local regulations; and

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

s 5Uniform adoption of nationally approved amendments to Co‑operatives National Law

(1) The Administrator may, by regulation under section 20, amend the Appendix to this Act to give effect in this jurisdiction to any nationally approved amendment.

(2)

In this section:

amend includes insert, omit and repeal a provision.

nationally approved amendment means an amendment of the Co-operatives National Law set out in the Appendix to the Co‑operatives (Adoption of National Law) Act 2012 (NSW) that is of a kind that has been approved by the Ministerial Council in accordance with the Australian Uniform Co-operative Laws Agreement:

(a)

the parties to which are the States and Territories; and

(b) which came into force on 21 January 2012 (being the date when it had been executed by all the parties).

s 6Exclusion of legislation of this jurisdiction

(1) Even though the Interpretation Act 1978 applies to the local application provisions of this Act, it does not apply to the Co-operatives National Law (NT) or the Co-operatives National Regulations (NT) or to other instruments made under that Law other than:

(a)

as provided in section 7; or

(b)

as prescribed by regulation under section 20 for this subsection.

(2) An Act prescribed by regulation under section 20 does not apply to the Co‑operatives National Law (NT) or the Co-operatives National Regulations (NT) or to other instruments made under that Law.

s 7Disallowance of Co-operatives National Regulations (NT)

Sections 63(b) and 63C of the Interpretation Act 1978 apply to the Co-operatives National Regulations (NT) as if they were regulations made under an Act.

Division 2 Provisions for interpretation of National Law as adopted

s 8Meaning of generic terms

In the Co-operatives National Law (NT):

police officer means a member of the Police Force.

public sector official means a public sector employee or a Chief Executive Officer as mentioned in section 19 of the Public

Sector Employment and Management Act 1993.

Registrar means the Commissioner as defined in section

4(1) of the Consumer Affairs and Fair Trading Act 1990.

this jurisdiction means the Territory.

s 9Meaning of other terms

(1)

For the definition designated authority in section

4 of the Co‑operatives National Law (NT):

(a)

the Registrar is the designated authority for sections 15, 601 and 622 of the Law; and

(b)

the Minister is the designated authority for sections 492, 494 and 520 of the Law; and

(c)

a Local Court Judge is the designated authority for sections 504 and 505 of the Law.

(2)

For the definition designated instrument in section 4 of the Co‑operatives National Law (NT):

(a)

an order in writing in the approved form is a designated instrument for the provisions of that Law specified in Schedule 1 to this Act for the person or class (if any) or in the circumstances (if any) specified opposite in column 2 of that Schedule; and

(b)

a notice published in the Gazette in the approved form is a designated instrument for the provisions of that Law specified in

Schedule 1 to this Act for the person or class (if any) or in the circumstances (if any) specified opposite in column 3 of that

Schedule; and

(c)

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

(3)

For the definition designated tribunal in section 4 of the Co‑operatives National Law (NT):

(a)

the Supreme Court is the designated tribunal for all provisions of that Law, except Part 7.3; and

(b)

the Civil and Administrative Tribunal is the designated tribunal for Part 7.3 of that Law.

s 10Adjustment of date referred to in Corporations Act as adopted

For section 201(b) of the Co-operatives National Law (NT), the reference to 23 June 1993 is to be read as a reference to the date on which this Act commences.

s 11Deregistration

(1)

For section 453(d) of the Co‑operatives National Law

(NT)

, references in sections 601AD to 601AF of the Corporations

Act to the Commonwealth are to be read as references to the

Territory.

(2)

For section 453(e) of the Co‑operatives National Law

(NT)

, 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 (Cth)) are to be read as references to crediting the amount to the Central

Holding Authority.

s 12Costs of inquiry

For section 530(3)(b) of the Co‑operatives National Law

(NT)

, the prescribed entity is the Territory.

Co-Operatives (National Uniform Legislation) Act 2015

About this Act