Co-operatives Act 2009

If a provision of this Act or the regulations declares a matter to be an applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001 Part 3 (the declaratory provision) in relation to any provisions of the Corporations legislation (the applied provisions), the declaratory provision is taken to specify the following modifications —

a reference in the applied provisions to a corporation, company or public company is to be read as a reference to a co‑operative;

a reference in the applied provisions to ASIC is to be read as a reference to the Registrar;

a reference in the applied provisions to articles or a memorandum of association or a constitution or replaceable rules is to be read as a reference to rules;

a cross‑reference in the applied provisions to another provision of the Corporations Act is, if that cross‑reference is not appropriate (because for example the provision cross‑referred to is not among the applied provisions), to be read as a cross‑reference to the equivalent provision of this Act;

a reference in the applied provisions to the Gazette is to be read as a reference to the Western Australian Government Gazette;

a reference in the applied provisions to the Commonwealth is to be read as a reference to this State;

a reference in the applied provisions to a special resolution is to be read as a reference to a special resolution referred to in section 177 of this Act;

a reference in the applied provisions to shareholders is to be read as a reference to members;

a reference in the applied provisions (including the Corporations Act section 311) to “a contravention of this Act” is to be read as including a reference to a contravention of this Act;

despite paragraph (aa), a reference in the applied provisions to a company that is the auditor of a company is to be read as a reference to a company that is the auditor of a co‑operative;

a statement in the applied provisions that an offence based on a particular provision is an offence of strict liability is to be read as a statement that, despite The Criminal Code section 23B(2), it is immaterial for the purposes of that provision that any event occurred by accident;

a reference in the applied provisions to “prescribed” is to be read as a reference to “approved by the Registrar” and, without limitation, a reference to a prescribed form is to be read as a reference to a form approved by the Registrar;

a reference in the applied provisions to regulations is to be read as a reference to regulations made under this Act;

the applied provisions are to be read as if all notes were deleted;

any of the applied provisions that are not relevant to co‑operatives or participating co‑operatives or that are incapable of application to co‑operatives or participating co‑operatives are to be ignored;

modifications prescribed under a regulation under subsection (2).

The regulations may prescribe the modifications that are necessary or desirable for the effective operation of the applied provisions.