Australian Capital Territory Repealed Acts

This legislation has been repealed.

CO-OPERATIVE SOCIETIES ACT 1939 (REPEALED) NO 9 - SECT 32

    (1)     In this section:

"exempt body" means—

        (a)     a society; or

        (b)     a company in relation to which the Minister has given consent under section 38A (4); or

        (c)     a building society or a credit union; or

        (d)     a company or society in relation to which an exemption under subsection (6) is in force.

    (2)     A person, other than an exempt body, shall not—

        (a)     trade or carry on business under any name or title including the word cooperative, or any other word importing a similar meaning; or

        (b)     hold out in any way that its trade or business is cooperative in nature.

Maximum penalty: 50 penalty units.

    (3)     If a body corporate contravenes subsection (2), each person involved in the management of that body who knowingly or wilfully authorises or permits the contravention commits an offence against that subsection.

    (4)     A company or society formed or incorporated elsewhere than in the ACT may apply to the registrar to become an exempt body.

    (5)     An application must be in writing.

Note     A fee may be determined under s 80C (Determination of fees) for this section.

    (6)     On application in accordance with subsection (5), the registrar shall issue a certificate of exemption to the applicant if he or she is satisfied on reasonable grounds that the applicant trades or carries on business for the purpose of promoting the economic interests of its members in accordance with cooperative principles.

    (7)     The registrar may issue a certificate of exemption for the period, and subject to the conditions, the registrar considers appropriate.

    (8)     A person shall not, without reasonable excuse, contravene a condition of a certificate of exemption.

Maximum penalty: 50 penalty units.