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Bill homepage (legislation.vic.gov.au)The purposes of this Act are—
to provide for the application of a national law relating to the formation, registration and operation of co-operatives; and
to repeal the Co-operatives Act 1996 and to make related amendments to other Acts.
This Act comes into operation on a day or days to be proclaimed.
In this Act—
Co-operatives National Law (Victoria) means the provisions applying in relation to 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 (Victoria) means the provisions applying in relation to this jurisdiction because of section 4(2);
local regulations means the regulations made under section 28 or 29;
Registrar means the Registrar of Co-operatives referred to in section 21;
this jurisdiction means the State of Victoria.
Terms used in this Act and also in the Co‑operatives National Law have the same meanings in this Act as they have in that Law.
Part 2—Application of Co-operatives National Law and Co‑operatives National Regulations
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 of New South Wales—
subject to section 6, applies as a law of this jurisdiction; and
as so applying, may be referred to as the Co‑operatives National Law (Victoria); and
as so applying has effect 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 (Victoria), subject to modifications prescribed by the local regulations; and
as so applying may be referred to as the Co‑operatives National Regulations (Victoria).
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 (Victoria). The regulations as so applying and referred to as the Co-operatives National Regulations (Victoria) 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 (Victoria)—
S. 5 def. of police officer substituted by No. 37/2014 s. 10(Sch. item 21.1).
police officer has the same meaning as in the Victoria Police Act 2013;
public sector official means a public sector employee within the meaning of the Public Administration Act 2004;
Registrar has the same meaning as it has in this Act;
this jurisdiction means the State of Victoria.
Except as provided by the local regulations, the Co-operatives National Law (Victoria) does not apply to or in respect of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958.
The following Acts of this jurisdiction do not apply to the Co-operatives National Law (Victoria), the Co-operatives National Regulations (Victoria), the Co-operatives National Regulations or other instruments (excluding local regulations) made under that Law—
the Interpretation of Legislation Act 1984;
the Subordinate Legislation Act 1994 (except to the extent provided by section 8).
Section 15(1) and Part 5 of the Subordinate Legislation Act 1994 apply to the Co-operatives National Regulations (Victoria) as if—
the Co-operatives National Regulations (Victoria) were a statutory rule within the meaning of that Act; and
a reference in section 15(1) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
the publication of the Co-operatives National Regulations under section 614(1) of the Co-operatives National Law;
the day this section comes into operation.
Note
Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.
Part 3—Some matters referred to in Co‑operatives National Law (Victoria)
With respect to the definition of designated authority in the Co-operatives National Law (Victoria)—
the Registrar is specified for the purposes of sections 15, 601 and 622 of that Law;
the Minister is specified for the purposes of sections 492, 494 and 520 of that Law;
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 (Victoria)—
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 Schedule 1 for the person or class (if any) or in the circumstances (if any) specified opposite in Column 3 of Schedule 1;
a notice in the Government Gazette in the approved form is specified for the purposes of the provisions of that Law referred to in Column 2 of Schedule 1 for the person or class (if any) or in the circumstances (if any) specified opposite in Column 4 of Schedule 1;
a written notice in the approved form is specified for the purposes of section 443(5) of that Law.
S. 11 amended by No. 12/2015 s. 18(2) (ILA s. 39B(1)).
With respect to the definition of designated tribunal in the Co-operatives National Law (Victoria)—
S. 11(1)(a) amended by No. 12/2015 s. 18(1).
the Magistrates' 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 VCAT is specified for the purposes of Part 7.3 of that Law.
S. 11(2) inserted by No. 12/2015 s. 18(2).
In any proceeding under this Act in relation to which the Magistrates' Court is the designated tribunal, the Magistrates' Court may, on its own initiative or on application by a party to the proceeding—
transfer the proceeding to the Supreme Court on the ground that the proceeding raises a complex question or matter of general importance; or
reserve a question of law for determination by the Supreme Court.
S. 11(3) inserted by No. 12/2015 s. 18(2).
If a proceeding has been transferred to the Supreme Court under subsection (2)(a), it may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Supreme Court.
For the purposes of section 201(b) of the Co‑operatives National Law (Victoria), the reference to 23 June 1993 is to be read as the date on which this section comes into operation.
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