s 1Name of Act
This Act is the Co-operatives National Law (South
Australia) Act 2013.
This Act is the Co-operatives National Law (South
Australia) Act 2013.
For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the
South Australian Co-operatives National Law text.
In the local application provisions of this Act—
Co-operatives National Law (South Australia) means the provisions applying in relation to this jurisdiction because of section 4;
Co-operatives National Regulations or
National Regulations means the
Co-operatives National
Regulations made under the Co-operatives National Law;
Co-operatives National Regulations (South
Australia) means the provisions applying in relation to this jurisdiction because of section 6;
instrument includes a document;
local regulations means regulations made under section 16, but does not include the
Co-operatives National
Regulations and the Co-operatives
National Regulations (South Australia);
South Australian Co-operatives National Law text means the Co-operatives National
Law set out in the
Schedule (as in force for the time being);
this jurisdiction means the State of South
Australia.
Terms used in the local application provisions of this Act and also in the South Australian Co‑operatives National Law text have the same meanings in those provisions as they have in that text.
The South Australian Co-operatives National Law text—
applies as a law of South Australia; and
as so applying may be referred to as the
Co-operatives National Law (South Australia);
and
so applies as if it were an Act.
If—
the Parliament of New South Wales enacts an amendment to the
Co-operatives National
Law set out in the Appendix to the
Co-operatives (Adoption of National Law)
Act 2012 of New South Wales; and
the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of New South
Wales should be made to the Co-operatives National
Law (South Australia), the Governor may, by regulation, amend the South Australian
Co‑operatives National Law text.
The Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the
Co-operatives National
Law by the Parliament of New South Wales or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Co-operatives National Law has proper effect in South Australia.
A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the
Co-operatives National
Law made by the Parliament of New South Wales (including a day that is earlier than the day of the regulation's publication in the
Gazette).
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 (South
Australia), subject to modifications by the local regulations;
and
as so applying may be referred to as the
Co-operatives National Regulations (South Australia).
The Minister is to make arrangements for the tabling of a regulation made under the Co-operatives
National Law in both Houses of
Parliament.
The Minister must, after a regulation is tabled in each House of
Parliament under subsection (2), forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report.
A regulation made under the Co-operatives National Law may be disallowed by a House of Parliament in the same way, and within the same period, that a regulation made under an Act of this jurisdiction may be disallowed.
If a regulation is disallowed under this section, the disallowance will have effect in this State despite any provision in the
Co-operatives National
Law.
In the Co-operatives National Law (South
Australia)—
police officer means a member of S.A. Police under the Police
Act 1998;
public sector official means a public sector employee under the Public Sector
Act 2009;
Registrar means the Corporate Affairs
Commission, which is designated by section 23 as the Registrar of
Co‑operatives;
this jurisdiction means the State of South
Australia.
A reference in section 537(4)(b) of the Co-operatives National Law (South Australia) to the Registrar will be taken to include a reference to an officer of the
Corporate Affairs Commission.
The Acts Interpretation
Act 1915 does not apply to the Co-operatives National Law (South
Australia), the Co-operatives
National Regulations (South Australia), the
Co-operatives National
Regulations or other instruments (excluding local regulations) made under that Law.
With respect to the definition of designated authority in the Co-operatives National
Law (South Australia)—
the Registrar is specified for the purposes of sections 15,
601 and
622 of that Law; and
the Corporate Affairs Commission is specified for the purposes of sections 492,
494 and
520 of that Law; and
a magistrate 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 (South Australia)—
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.
| 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 Chapter 2Part 4Division 2)—for individual co‑operative | Section 71(1) (exemption from requirements of Chapter 2Part 4Division 2)—for class of co‑operatives |
| 5 | Section 92(6) (exemption from complying with disclosure direction) | |
| 6 | Section 171(1) (exemption from requirements of Chapter 2Part 6Division 5)—for individual co‑operative | Section 171(1) (exemption from requirements of Chapter 2Part 6Division 5)—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 Chapter 3Part 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 Chapter 3Part 5Division 1) | |
| 19 | Section 380(1) (exemption from compliance with Chapter 3Part 5Division 2 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 445 or 248)—for individual co‑operative | Section 445(3) (exemption from compliance with 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 (South
Australia):
the Supreme Court is specified for the purposes of the provisions of that Law in which the term is used, except
Chapter 7Part 3 of that Law;
the South Australian Civil and Administrative Tribunal established under the South Australian Civil and
Administrative Tribunal Act 2013 is specified for the purposes of Chapter 7Part 3 of that
Law.
In conjunction with the operation of subsection (3)(b)—
a reference in Chapter 7Part 3 of the
Co-operatives National Law (South
Australia) to making an appeal will be taken to be a reference to applying to the South Australian Civil and Administrative Tribunal under section 34 of the South Australian
Civil and Administrative Tribunal Act 2013 for review of the relevant decision; and
an application for review must be made within the time prescribed by the local regulations.
For the purposes of section 436(3)(b)(i) of the Co-operatives National Law (South
Australia)—
the applied provisions of the Corporations Act are to be read as if the following provision were inserted in Part 9.7 before section 1339:
1338DCo‑operatives Liquidation
Account(1) The Co‑operatives Liquidation Account established under Division 3 of Part 6 of the Co-operatives Act 1983 of South
Australia continues in existence under this Part.
The Account must continue to be kept in a separate account at the
Treasury.;
and
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 the Co‑operatives Liquidation
Account; and
section 1339 of the Corporations Act applies as if the following subsection were inserted after subsection (2):
Money in the Co‑operatives Liquidation Account that is not immediately required for the payment of claims under section 1341 may be invested by the Treasurer on such terms and conditions as the Treasurer thinks fit with a prescribed person or body.
The Treasurer must pay income derived from the investment of money in the Co‑operatives Liquidation Account into the Consolidated
Account.;
and
section 1341 of the Corporations Act applies as if—
a reference to the Consolidation Revenue Fund of the Commonwealth were a reference to the Consolidated Account of the State; and
a reference to the Court were a reference to the District Court of
South Australia.
The Co‑operatives Liquidation Account established under Division 3 of Part 6 of the Co-operatives Act 1983 of South
Australia continues in existence under this Part.
The Account must continue to be kept in a separate account at the
Treasury.;
For the purposes of section 453(d) of the Co-operatives National Law (South
Australia), references in sections 601AD—601AF of the Corporations Act to the Commonwealth are to be read as references to the
State of South Australia.
For the purposes of section 453(e) of the Co-operatives National Law (South
Australia), 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 an account established or approved by the Treasurer.
For the purposes of section 530(3)(b) of the Co-operatives National Law (South
Australia), the prescribed entity is the Corporate Affairs
Commission.
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