Co-operatives National Law Act 2020

This Act may be cited as the Co-operatives National Law Act 2020.

This Act commences on a day to be fixed by proclamation.

In this Act—

Co-operatives National Law means the Co-operatives National Law, as in force from time to time, set out in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW).

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

Co-operatives National Regulation (Queensland) means the provisions applying in this jurisdiction because of section 4(2).

local regulation means a regulation made under section 27.

national regulation means a regulation, or a provision of a regulation, made under the Co-operatives National Law (Queensland), section 612.

public trustee means the public trustee under the Public Trustee Act 1978.

Registrar see section 7.

this jurisdiction see section 7.

A term used in this Act and in the Co-operatives National Law has the same meaning in this Act as it has in that Law.

The Co-operatives National Law—

applies as a law of this jurisdiction with the modifications set out in this part; and

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

applies as if it were an Act.

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

apply as National Regulations in force for the purposes of the Co-operatives National Law (Queensland)—

as modified by a local regulation; and

subject to section 6; and

as so applying, may be referred to as the Co-operatives National Regulation (Queensland).

Editor’s note—

For consolidated reprints of the Co-operatives National Law and National Regulations as they apply in Queensland, see the Co-operatives National Law (Queensland) and the Co-operatives National Regulation (Queensland).

The following Acts of this jurisdiction do not apply in relation to the Co-operatives National Law (Queensland) or an instrument made under that Law, other than to the extent provided for in subsection (2) and section 6—

the Acts Interpretation Act 1954;

the Legislative Standards Act 1992;

the Statutory Instruments Act 1992.

The Acts Interpretation Act 1954, section 20C and part 12 apply to the Co-operatives National Law (Queensland) and an instrument made under that Law.

The Statutory Instruments Act 1992, sections 49 to 51 apply in relation to a national regulation as if—

a reference in those sections to subordinate legislation were a reference to a national regulation; and

the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Co-operatives National Law (Queensland), section 614(1).

Note—

Generally speaking, the Statutory Instruments Act 1992, sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.

A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.

For subsection (2), the Legislative Standards Act 1992, section 4 applies in relation to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.

If a national regulation ceases to have effect because of the operation of subsection (1), the national regulation ceases to have effect for the purposes of the Co-operatives National Law (Queensland), but the cessation does not affect the application of the regulation in another jurisdiction.

In the Co-operatives National Law (Queensland)—

police officer means a police officer within the meaning of the Police Service Administration Act 1990.

public sector official means a public service employee under the Public Sector Act 2022, section 13.

Registrar means the chief executive as the Registrar of Co-operatives in relation to this jurisdiction under section 8.

this jurisdiction means Queensland.

The chief executive is designated as the Registrar of Co-operatives in relation to this jurisdiction.

The chief executive is the designated authority for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland)—

section 15;

section 492;

section 494;

section 601;

section 622.

A magistrate is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland), sections 504 and 505.

The Minister is the designated authority for this jurisdiction for the Co-operatives National Law (Queensland), section 520.

A notice published on a Queensland Government website is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland)—

section 33(1);

section 35(5)(a) and (b);

section 60(2);

section 71(1);

section 92(6);

section 221(1);

section 226(6);

section 316(1);

section 317(1);

section 319(1);

section 320(1);

section 322(1);

section 338(6);

section 343(10);

section 359(3);

section 363(2);

section 372(1);

section 380(1);

section 397(4);

section 401(7);

section 607(3).

A local regulation is the designated instrument for this jurisdiction for the following provisions of the Co-operatives National Law (Queensland)—

section 171(1);

section 404(4);

section 445(3).

A notice in the approved form, given to the Registrar and published on a Queensland Government website, is the designated instrument for this jurisdiction for the Co-operatives National Law (Queensland), section 443(5).

In this section—

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

The Supreme Court is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland), other than part 7.3 of that Law.

QCAT is the designated tribunal for this jurisdiction for the Co-operatives National Law (Queensland), part 7.3.

This division modifies the Co-operatives National Law for the purposes of applying the modified Co-operatives National Law as a law of this jurisdiction under section 4.