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CO-OPERATIVES ACT 2009
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
Division 1 -- Introductory
1. Short title
2. Commencement
3. Objects of this Act
4. Terms used
5A. Corresponding co-operatives laws
5B. Involvement in contraventions
Division 2 -- Qualified privilege
5. Qualified privilege
Division 3 -- The co-operative principles
6. Co-operative principles
7. Interpretation to promote co-operative principles
Division 4 -- Application of Corporations Act to co-operatives
8. Terms used
9. Excluded matter
10. Applying the Corporations legislation to co-operatives
11. Modifications to applied provisions
PART 2 -- Formation
Division 1 -- Introductory
12. Types of co-operatives
13. Distributing co-operatives
14. Non-distributing co-operatives
15A. Provisions regarding Registrar’s approvals about numbers
Division 2 -- Formation meeting
15. Formation meeting
Division 3 -- Approval of disclosure statement and rules
16. Approval of disclosure statement
17. Approval of rules
Division 4 -- Registration of proposed co-operative
18. Application for registration of proposed co-operative
19. Registration of co-operative
20. Incorporation and certificate of registration
Division 5 -- Registration of an existing corporation
21. Existing corporation can be registered
22. Formation meeting
23. Application for registration
24. Requirements for registration
25. Transitional provision
26. Certificate of registration
27. Effect of registration
Division 6 -- Conversion of co-operative
28. Conversion of co-operative
Division 7 -- Reviews
29. Appeal against refusal to approve disclosure statement
30. Appeal against refusal to approve draft rules
31. Appeal against refusal to register
32. Supreme Court’s powers on appeal
Division 8 -- General
33. Acceptance of money by proposed co-operative
34. Issue of duplicate certificate
PART 3 -- Legal capacity and powers
Division 1 -- General powers
35. Effect of incorporation
36. Power to form companies and enter into joint ventures
Division 2 -- Doctrine of ultra vires abolished
37. Interpretation
38. Doctrine of ultra vires abolished
39. Legal capacity
40. Restrictions on co-operatives in rules
Division 3 -- Persons having dealings with co-operatives
41. Assumptions entitled to be made
42. Assumptions
43. Person who knows or ought to know is not entitled to make assumptions
44. Lodgment of documents not to constitute constructive knowledge
45. Effect of fraud
Division 4 -- Authentication and execution of documents and confirmation of contracts
46. Common seal
47. Official seal
48. Authentication need not be under seal
49. Co-operative may authorise person to execute deed
50. Execution under seal
51. Contractual formalities
52. Other requirements as to consent or sanction not affected
Division 5 -- Pre-registration contracts
53. Contracts before registration
54. Person may be released from liability but is not entitled to indemnity
55. This Division replaces other rights and liabilities
PART 4 -- Membership
Division 1 -- General
56. Becoming a member
57. Members of co-operative group
58. Qualification for membership and transitional provision
59. Membership may be joint
60. Members under 18 years of age
61. Representatives of corporations
62. Notification of shareholders and shareholdings
63. Circumstances in which membership ceases: all co-operatives
64. Additional circumstances in which membership ceases: co-operatives with share capital
65. Carrying on business with too few members
Division 2 -- Rights and liabilities of members
66. Rights of membership not exercisable until registered etc.
67. Liability of members to co-operative
68. Co-operative to make information available to person intending to become a member
69A. False copies of documents
69. Entry fees and regular subscriptions
70. Members etc. may be required to deal with co-operative
71. Fines payable by members
72. Charge and set off of co-operative
73. Repayment of shares on resignation or expulsion
Division 3 -- Death of member
74. Terms used
75. Transfer of share or interest on death of member
76. Transfer of small shareholdings and interests on death
77. Value of shares and interests
78. Co-operative protected
Division 4 -- Disputes involving members
79. Grievance procedure
80. Application to Supreme Court
Division 5 -- Oppressive conduct of affairs
81. Interpretation
82. Application of Division
83. Who may apply for court order
84. Orders that Supreme Court may make
85. Basis on which Supreme Court makes orders
86. Winding-up need not be ordered if oppressed members prejudiced
87. Application of winding-up provisions
88. Changes to rules
89. Copy of order to be lodged with Registrar
Division 6A -- Inspection of books
90A. Order for inspection of books of co-operative
90B. Ancillary orders
90C. Disclosure of information acquired in inspection
90D. Co-operative may allow member to inspect books
Division 6 -- Proceedings on behalf of a co-operative by members and others
90. Bringing, or intervening in, proceedings on behalf of a co-operative
91. Applying for and granting leave
92. Substitution of another person for the person granted leave
93. Effect of ratification by members
94. Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave
95. General powers of Supreme Court
96. Power of Supreme Court to make costs order
PART 5 -- Rules
97. Effect of rules
98. Content of rules
99. Purchase and inspection of copy of rules
100. False copies of rules
101. Model rules
102. Rules can only be altered in accordance with this Act
103. Approval of certain alterations of rules
104. Alteration by special resolution
105. Alteration by resolution of board
106. Alteration does not take effect until registered
107. Appeal against refusal to approve alteration
108. Appeal against refusal to register
109. Supreme Court’s powers on appeal
PART 6 -- Active membership
Division 1 -- Definitions
110. Term used: active membership resolution
111. What is active membership
112. What are active membership provisions and resolutions
Division 2 -- Rules to contain active membership provisions
113. Number of primary activities required
114. Rules to contain active membership provisions
115. Factors and considerations for determining primary activities etc.
116. Active membership provisions: distributing co-operatives
117. Regular subscription: active membership of non-distributing co-operative
Division 3 -- Active membership resolutions
118. Notice of meeting
119. Eligibility of directors to vote on proposal at board meeting
Division 4 -- Cancellation of membership of inactive or missing members
120. Cancellation of membership of inactive or missing member
121. Share to be forfeited if membership cancelled
122. Failure to cancel membership -- offence by director
123. Deferral of forfeiture by board
124. Cancellation of membership prohibited in certain circumstances
125. Notice of intention to cancel membership
126. Order of Supreme Court against cancellation
127. Repayment of amounts due because of cancelled membership
128. Interest on deposits, debentures and CCUs
129. Repayment of deposits and redemption of debentures and CCUs
130. Register of cancelled memberships
Division 5 -- Entitlements of former members of distributing co-operatives
131. Application of Division
132. Former shareholders to be taken to be shareholders for certain purposes
133. Entitlements of former shareholders on mergers etc.
134. Set off of amounts repaid etc. on forfeited shares
135. Regulations may exempt co-operatives from provisions
PART 7 -- Shares
Division 1 -- Nature of share
136. Nature of share in co-operative
Division 2 -- Disclosure requirements for distributing co-operatives
137A. Registration of current disclosure statement
137B. Restrictions on advertising and publicity: shares
137. Disclosure to intending shareholders in distributing co-operative
139. Exemptions for disclosure statements
Division 3A -- Compensation for defective disclosure
140A. Contravention leading to right to recover loss or damage
140B. Right to recover for loss or damage resulting from contravention
140C. Due diligence defence
140D. General defences
Division 3 -- Issues of shares
140. Shares -- general
142. Minimum paid up amount
143. Shares not to be issued at a discount
144. Issue of shares at a premium
145. Joint ownership of shares
146. Members may be required to take up additional shares
147. Bonus share issues
148. Restrictions on bonus shares
149. Notice about bonus shares
Division 4A -- Provisions applying to particular share subscriptions
150A. Term used: disclosure statement
150B. Application of this Division
150C. Application money to be held on trust
150D. Minimum subscription condition must be fulfilled before issue or transfer
150E. Repayment of money if disclosure statement condition not met
Division 4 -- Disclosure and registration of interests in shares
150. Direction to disclose
151. Disclosure by member of relevant interests and instructions
152. Registration as trustee etc. on death of owner of shares
153. Registration as administrator of estate on incapacity of shareholder
154. Registration as Official Trustee in Bankruptcy
155. Liabilities of person registered as trustee or administrator
156. Notice of trusts in register of members
157. No notice of trust except as provided by this Division
Division 5 -- Sale or transfer of shares
158. Sale or transfer of shares
159. Transfer on death of member
160. Restriction on total shareholding
161. Transfer not effective until registered
162. Non-members become members on registration
Division 6 -- Repurchase of shares
163. Purchase and repayment of shares
164. Deposit, debentures or CCUs instead of payment when share repurchased
165. Cancellation of shares
PART 8 -- Voting and meetings
Division 1 -- Voting entitlements
166. Application of Part to voting
167. Voting
168. Voting by proxy
169. Control of the right to vote
170. Effect of disposal of shares on voting rights
171. Effect of relevant share and voting interests on voting rights
172. Rights of representatives
173. Other rights and duties of members not affected by ineligibility to vote
174. Vote of disentitled member to be disregarded
Division 2 -- Resolutions
175. Decisions to be by ordinary resolution
176. Ordinary resolutions
177. Special resolutions
178. How majority obtained is ascertained
179. Declaration of passing of special resolution
180. Effect of special resolution
181. Lodgment of special resolution
182. Decision of Registrar on application to register special resolution
Division 3 -- Resolution by circulated document
183. Application of Division
184. Resolution by circulation of document -- fewer than 50 members
Division 4 -- Postal ballots
185. Postal ballots
186. Special postal ballots
187. When a special postal ballot required
188. Holding of postal ballot on requisition
189. Expenses involved in postal ballots on requisition
Division 5 -- Meetings
190. Annual general meetings
191. Special general meetings
192. Notice of meetings
193. Quorum at meetings
194. Decision at meetings
195. Calling of general meeting on requisition
196. Minutes
197A. Auditor entitled to notice and other communications
197B. Auditor’s right to be heard at general meetings
197C. Questions and comments by members on co-operative management at annual general meeting
197D. Questions by members of auditors at annual general meeting
PART 9 -- Management and administration of co-operatives
Division 1 -- The Board
197. Board of directors
198. Election of directors
199. Qualification of directors
201. Meeting of the board of directors
202. Transaction of business outside meetings
203. Alternate directors
204. Delegation by board
205. Removal from and vacation of office
206A. Removal from office by resolution
Division 2A -- Disqualification from managing co-operatives
206B. Offence for disqualified person to manage co-operative
206C. Automatic disqualification for offences
206D. Extension of period of automatic disqualification
206E. Court’s power of disqualification: contravention of civil penalty provision
206F. Court’s power of disqualification: insolvency and non-payment of debts
206G. Court’s power of disqualification: repeated contraventions of law
206H. Registrar’s power of disqualification
206I. Registrar’s power to give permission
206J. Court’s power to grant leave
Division 2 -- Secretary
206. Secretary
207A. Responsibility of secretary
Division 3 -- Duties and liabilities of directors, officers and employees
207. Care and diligence: civil obligations
208. Good faith: civil obligations
209. Use of position: civil obligations
210. Use of information: civil obligations
211. Good faith, use of position and use of information: criminal offences
212. Other duties and liabilities not affected
213. Application of Corporations Act concerning indemnities and insurance for officers and auditors
214. Application of Corporations Act provisions concerning officers of co-operatives
Division 4 -- Restrictions on directors and officers
215. Directors’ remuneration
216. Certain financial accommodation to officers prohibited
217. Financial accommodation to directors and associates
218. Restriction on directors of certain co-operatives selling land to co-operative
219. Management contracts
Division 5 -- Declaration of interests
220. Declaration of interest
221. Declarations to be recorded in minutes
222. Division does not affect other laws or rules
223. Certain interests need not be declared
Division 7 -- Registers, books and returns
230. Registers to be kept by co-operatives
231. Location of registers
232. Inspection of registers etc.
233. Use of information on registers
234. Notice of appointment etc. of directors and officers
236. List of members to be provided at request of Registrar
237. Special return to be given at request of Registrar
Division 8 -- Name and registered office
238. Name to include certain matter
239. Use of abbreviations
240. Name to appear on business documents etc.
241. Change of name of co-operative
242. Restriction on use of word “co-operative” or similar words
243. Registered office of co-operative
PART 10A -- Financial reports and audit
Division 1 -- Preliminary
244A. Terms used
244B. General modifications to applied provisions of the Corporations Act Chapter 2M
Division 2 -- Financial records
244C. Obligation to keep financial records
244D. Language requirements
244E. Physical format
244F. Place where records are kept
244G. Director access
Division 3 -- Annual financial reports and directors’ reports generally
244H. Who has to prepare annual financial reports and directors’ reports
244I. Small co-operative: direction by members
244J. Small co-operative: direction by Registrar
Division 4 -- Annual financial reports
244K. Contents of annual financial report
244L. Compliance with accounting standards and regulations
244M. True and fair view
244N. Audit of financial report
244O. Application of Corporations Act to co-operatives with quoted securities: declaration about financial statements by certain officers
Division 5 -- Annual directors’ reports
244P. Annual directors’ report
244Q. Annual directors’ report: general information
244R. Annual directors’ report: specific information
244S. Application of Corporations Act to co-operatives with quoted securities: additional information to be provided in annual directors’ report
Division 6 -- Half-year financial report and directors’ report
244T. Application of Corporations Act to co-operatives that are disclosing entities: half-year financial reports and directors’ reports
Division 7 -- Audit and auditor’s report
244U. Application of Corporations Act: audit and auditor’s report
Division 8 -- Annual financial reporting to members
244V. Annual financial reporting to members
244W. Deadline for reporting to members
244X. Member’s choices for annual financial information
244Y. Consideration of reports at annual general meeting
244ZA. Application of Corporations Act: additional reporting by debenture issuers
Division 9 -- Lodging reports and returns with Registrar
244ZB. Lodgment of annual returns with Registrar
244ZC. Lodgment of financial reports etc. with Registrar
244ZD. Lodgment of half-year reports with Registrar
244ZE. Registrar’s power to require lodgment
244ZF. Relodgment if financial report or directors’ reports amended after lodgment
Division 10 -- Special provisions about consolidated financial statements
244ZG. Application of Corporations Act: special provisions about consolidated financial statements
Division 11 -- Financial years and half years
244ZH. Financial year
244ZI. Half-year
Division 12 -- Auditors
Subdivision 1 -- General provisions relating to auditors
244ZJ. Application of Corporations Act: auditors
Subdivision 2 -- Appointment of auditors
244ZK. Appointment of auditor of small co-operative
244ZL. Initial appointment of auditor of large co-operative
244ZM. Annual appointment at annual general meeting of auditor of large co-operative to fill vacancy
244ZN. Appointment by directors or annual general meeting of auditor of large co-operative to fill casual vacancy
244ZO. Appointment to replace auditor removed from office
244ZP. Registrar to be notified of appointment of auditor
244ZQ. Registrar may appoint auditor of large co-operative if auditor removed but not replaced
244ZR. Registrar’s general power to appoint auditor of large co-operative
244ZS. Restrictions on Registrar’s powers to appoint auditor of large co-operative
244ZT. Remaining auditors may act during vacancy
244ZU. Nomination of auditor
244ZV. Auditor’s consent to appointment
Subdivision 3 -- Removal and resignation of auditors
244ZW. Removal and resignation of auditors
244ZX. Effect of winding-up on office of auditor
Subdivision 4 -- Auditors’ fees and expenses
244ZY. Fees and expenses of auditors
Subdivision 5 -- Protection of auditors
244ZZA. Protection of auditors
Division 13 -- Accounting and auditing standards
244ZZB. Accounting and auditing standards
244ZZC. Interpretation of accounting and auditing standards
Division 14 -- Exemptions and modifications
244ZZD. Exemptions: individual co-operatives
244ZZE. Exemptions: classes of co-operatives
244ZZF. Exemptions: criteria for exemptions for individual co-operatives or classes of co-operatives
244ZZG. Exemptions: non-auditor members and former members of audit firms, and former employees of audit companies
244ZZH. Exemptions: classes of non-auditor members
244ZZI. Exemptions: criteria for exemptions for non-auditor members etc.
244ZZJ. Exemptions from regulations
244ZZK. Registrar’s power to modify the operation of section 324DA of Corporations Act
244ZZL. Auditor to notify co-operative of declaration
244ZZM. Amendment, suspension or revocation of exemption
Division 15 -- Miscellaneous
244ZZN. Disclosure by directors
244ZZO. Contravention by directors of a provision of this PART
PART 10 -- Funds and property
Division 1 -- Power to raise money
244. Meaning of obtaining financial accommodation
245. Fund raising to be in accordance with Act and regulations
246. Limits on deposit taking
247. Members etc. not required to see to application of money
248. Registrar’s directions about fundraising
249. Subordinated debt
250. Application of Corporations Act to issues of debentures
252. Disclosure statement
253A. Restrictions on advertising and publicity
253B. Application money to be held on trust
253. Approval of board for transfer of debentures
254. Application of Corporations Act: reissue of redeemed debentures
255. Compulsory loan by member to co-operative
256. Interest payable on compulsory loan
Division 2 -- Co-operative capital units
257. General nature of co-operative capital units
258. Priority of CCU’s on winding-up
259. Financial accommodation provisions apply to issue of CCUs
260. CCUs to be issued to non-members
261. Minimum requirements for rules concerning CCUs
262. CCUs not to be issued unless terms of issue approved by Registrar
263. Directors’ duties concerning CCUs
264. Redemption of CCUs
265. Capital redemption reserve
266. Issue of shares in substitution for redemption
Division 3 -- Charges
267. Registration of charges
Division 4 -- Receivers and other controllers of property of co-operatives
268. Receivers and other controllers of property of co-operatives
Division 5 -- Disposal of surplus from activities
269. Retention of surplus for benefit of co-operative
270. Application for charitable purposes or members’ purposes
271. Distribution of surplus or reserves to members
272. Application of surplus to other persons
Division 6 -- Acquisition and disposal of assets
273. Acquisition and disposal of assets
PART 11 -- Restrictions on the acquisition of interests in co-operatives
Division 1 -- Restrictions on share and voting interests
274. Application of Part
275. Notice required to be given of voting interest
276. Notice required to be given of substantial share interest
277. Requirements for notices
278. Maximum permissible level of share interest
279. Transitional provision
280. Shares to be forfeited to remedy contravention
281. Powers of board in response to suspected contravention
282. Powers of Supreme Court in relation to contravention
283. Co-operative to notify Registrar of interest over 20%
284. Co-operative to keep register
285. Unlisted companies to provide list of shareholders etc.
286. Excess share interest not to affect loan liability
287. Extent of operation of Division
288. Registrar may grant exemption from Division
Division 2 -- Restrictions on certain share offers
289. Share offers to which Division applies
290. Requirements to be satisfied before offer can be made
291. Some offers totally prohibited if they discriminate
292. Offers to be submitted to board first
293. Announcements of proposed takeovers concerning proposed company
294. Additional disclosure requirements for offers involving conversion to company
295. Consequences of prohibited offer
296. Registrar may grant exemptions
PART 12 -- Merger, transfer of engagements, winding-up
Division 1 -- Mergers and transfers of engagements
297. Application of Division
298. Mergers and transfers of engagements of local co-operatives
299. Requirements before application can be made
300. Disclosure statement required
301. Making an application
302. Approval of merger
303. Approval of transfer of engagements
304. Transfer of engagements by direction of Registrar
Division 2 -- Transfer of incorporation
305. Application for transfer
306. Requirements before application can be made
307. Meaning of new body and transfer
308. New body ceases to be registered as co-operative
309. Transfer not to impose greater liability etc.
310. Effect of new certificate of registration
311. New body must give copy of new certificate of registration or incorporation to Registrar
312. New body is a continuation of the co-operative
Division 3 -- Winding-up and deregistration
313. Methods of winding-up
314. Winding-up on Registrar’s certificate
315. Method of deregistration
316. Application of Corporations Act to winding-up and deregistration
317. Restrictions on voluntary winding-up
318. Start of members’ voluntary winding-up
319. Distribution of surplus: non-distributing co-operatives
320. Liquidator -- vacancy may be filled by Registrar
321. Review of liquidator’s remuneration
322. Liability of member to contribute in a winding-up where shares forfeited etc.
Division 4 -- Administration
Subdivision 1 -- Introductory
323A. Operation of this Division
Subdivision 2 -- Administration under Corporations Act
323. Application of Corporations Act to administration of co-operative
324A. Appointment of administrator by Registrar in case of insolvency
Subdivision 3 -- Administration: alternative procedure
324B. Operation of this Division
324. Appointment of administrator
325. Effect of appointment of administrator
326. Revocation of appointment
327. Expenses of administration
328. Liabilities arising from administration
329. Additional powers of Registrar
330. Stay of proceedings
331. Administrator to report to Registrar
Division 6 -- Effect of merger etc. on property, liabilities etc.
332. How this Division applies to a merger
333. How this Division applies to a transfer of engagements
334. How this Division applies to a transfer of incorporation
335. Effect of merger etc. on property, liabilities etc.
Division 7 -- Miscellaneous
336. Grounds for winding-up, transfer of engagements, appointment of administrator
337. Application of Corporations Act for insolvent co-operatives
PART 13 -- Arrangements and reconstructions
Division 1 -- General requirements
338. Requirements for binding compromise or arrangement
339. Supreme Court ordered meeting of creditors
340. Registrar to be given notice and opportunity to make submissions
341. Results of 2 or more meetings
342. Persons disqualified from administering compromise etc.
343. Application of Schedule 4 to person appointed
344. Application of Corporations Act to person appointed
345. Copy of order to be attached to rules
346. Directors to arrange for reports
347. Power of Supreme Court to restrain further proceedings
348. Supreme Court need not approve compromise or arrangement takeovers
Division 2 -- Explanatory statements
349. Explanatory statement required to accompany notice of meeting etc.
350. Requirements for explanatory statement
351. Contravention of Division: offence by co-operative
Division 3 -- Facilitating reconstructions and mergers
352. Provisions for facilitating reconstructions and mergers
Division 4 -- Acquisition of shares of dissenting shareholders
353. Terms used
354. Schemes and contracts to which Division applies
355. Acquisition of shares pursuant to notice to dissenting shareholder
356. Restrictions when excluded shares exceed 10%
357. Remaining shareholders may require acquisition
358. Transfer of shares pursuant to compulsory acquisition
359. Disposal of consideration for shares compulsorily acquired
Division 5 -- Miscellaneous
360. Notification of appointment of scheme manager
361. Power of Supreme Court to require reports
362. Effect of out-of-jurisdiction compromise or arrangement
363. Jurisdiction to be exercised in harmony with Corporations Act jurisdiction
364. Registrar may appear etc.
PART 14 -- Participating co-operatives
Division 1 -- Introductory
366. What constitutes carrying on business
368. Excluded matter
Division 2 -- Participating co-operatives carrying on business in this State
369. Operation of participating co-operatives in this State
370. Authorisation to carry on business
371. Registration under Companies (Co-operative) Act 1943
372. Existing foreign co-operatives
375. Name of participating co-operative
376. When participating co-operative not authorised to carry on business
377. Withdrawal of authority to carry on business
378. Appeal against Registrar’s decision under s. 377(5)
379. Application of Act and regulations to participating co-operatives
Division 3 -- General
380A. False copies of rules of participating co-operative
380B. False copies of documents of participating co-operatives
380C. Restrictions on advertising and publicity: shares in participating co-operatives
380D. Restrictions on advertising and publicity: debentures or CCUs in participating co-operatives
380E. Registrar’s directions about participating co-operative obtaining financial accommodation
380. Name and place of origin to appear on business and other documents of participating co-operative
381. Supply of information to participating Registrars
384. Functions conferred on Registrar under corresponding co-operatives law
385A. Registrar may exempt participating co-operatives
Division 4 -- Winding-up of participating co-operatives in this State
385. Winding-up to relate to State activities
386. Supreme Court may order winding-up
387. Application of Corporations Act to winding-up of participating co-operatives
388. Outstanding property of participating co-operatives
Division 5 -- Mergers and transfers of engagements affecting participating co-operatives
389. Terms used
390. Authority for merger or transfer of engagements
391. Requirements before application can be made
392. Disclosure statement required
393. Making an application
394. Approval of merger
395. Approval of transfer of engagements
396. Effect of merger or transfer of engagements
397. Division applies instead of certain other provisions of this Act
PART 15 -- Supervision and protection of co-operatives
Division 1A -- Examining a person about a co-operative
398A. Application of Corporations Act: court-directed examinations
Division 1 -- Supervision and inspection
398. Terms used
399. Co-operative includes subsidiaries, participating co-operatives and co-operative ventures
400. Appointment of inspectors
401. Registrar and investigators have functions of inspectors
402. Inspector’s identity card
403. Production or display of inspector’s identity card
404. Powers of inspector
405. Inspector’s appointment conditions
406. Entry of place
407. Consent to entry
408. Inspectors may require certain persons to appear, answer questions and produce documents
409. Powers of inspectors on place entered
410. Functions of inspectors in relation to relevant documents
411. Protection from incrimination
412. Warrants
413. Warrants: applications made other than in person
414. Entry with warrant
415. General powers after entering places
416. Power to seize evidence
417. Receipt for seized things
418. Return of seized things
419. Power to require name and address
420. False or misleading statements
421. Power to require production of documents
422. False or misleading documents
423. Obstruction of inspectors
424. Copies or extracts of records to be admitted in evidence
425. Privilege
Division 2 -- Inquiries
426. Terms used
427. Appointment of investigators
428. Powers of investigators
429. Examination of involved person
430. Privilege
431. Offences by involved person
432. Offences relating to documents
433. Record of examination
434. Report of investigator
435. Proceedings following inquiry
436. Admission of investigator’s report as evidence
437. Costs of inquiry
Division 3 -- Prevention of fraud etc.
438. Falsification of books
439. Fraud or misappropriation
440. Offering or paying commission
441. Accepting commission
442. False statements in loan application etc.
Division 4 -- Miscellaneous powers of the Registrar
443. Application for special meeting or inquiry
444. Holding of special meeting
445. Expenses of special meeting or inquiry
446. Power to hold special inquiry into co-operative
447. Special meeting following inquiry
448. Information and evidence
449. Extension or abridgment of time
450. Power of Registrar to intervene in proceedings
PART 16 -- Administration of this Act
Division 1 -- The Registrar
451. Registrar of Co-operatives
452. Deputy Registrar and other staff
453. Delegation by Registrar
454. Registers to be kept by Registrar
455. Keeping of registers
456. Disposal of records by Registrar
457. Inspection of registers
458. Approvals by Registrar
459. Lodgment of documents
460. Way of lodging
461. Power of Registrar to refuse to register or reject documents
Division 2 -- Protection from liability
462. Particular persons protected from liability
Division 3 -- Evidence
463. Certificate of registration
464. Certificate evidence
465. Records kept by co-operatives
466. Minutes
467. Official certificates
468. The Registrar and proceedings
469. Rules
470. Registers
PART 17 -- Legal proceedings and other matters
Division 1 -- Offences, enforcement and remedies
475. Notice to be given of conviction for offence
476. Secrecy
477. False or misleading statements
478. Further offence for continuing failure to do required act
479. Civil remedies
480A. Order against person concerned with co-operative
480. Injunctions
481A. Undertakings
481B. Offence of contravention of undertaking
481C. Enforcement order on application with consent of person giving undertaking
481D. Enforcement orders after contravention of undertaking
481E. Copy of undertaking
481F. Registration of undertakings
481G. Double jeopardy
481H. Time limit for starting proceedings for offence
481I. Authorisation to start proceedings for offence
481. Proceedings for recovery of fine or penalty imposed by rules
Division 2 -- Civil consequences of contravening civil penalty provisions
482A. Terms used
482B. Declarations of contravention
482C. Declaration of contravention is conclusive evidence
482D. Pecuniary penalty orders
482E. Compensation orders
482F. Who may apply for a declaration or order
482G. Time limit for application for a declaration or order
482H. Civil evidence and procedural rules for declarations and civil penalty orders
482I. Civil proceedings after criminal proceedings
482J. Criminal proceedings during civil proceedings
482K. Criminal proceedings after civil proceedings
482L. Evidence given in proceedings for penalty not admissible in criminal proceedings
482M. Relief from liability for contravention of civil penalty provision
Division 3 -- Miscellaneous
482N. Power to grant relief
482O. Irregularities
482P. Civil proceedings not to be stayed
482Q. Standard of proof
PART 18 -- General
482. Co-operative ceasing to exist
483. Service of documents on co-operative
484. Service on member of co-operative
485. Reciprocal arrangements
486. Translations of documents
487. Disclosure statements
488. Approval of forms
489A. Approvals to be in writing
489. Regulation making power
490. Companies (Co-operative) Act 1943 repealed
491. Co-operative and Provident Societies Act 1903 repealed
PART 19 -- Transitional and savings provisions
Division 1 -- Preliminary
492. Terms used
493. Interpretation Act 1984 not affected
494. Transitional regulations
Division 2 -- Prohibition on registration under former Act
495. Prohibition on registration under Companies (Co-operative) Act 1943 or Co-operative and Provident Societies Act 1903
Division 3 -- Transfer to incorporation under this Act
496. Co-operative companies and registered societies to register under this Act
497. Decision of Registrar to register co-operative company or registered society
Division 4 -- General transitional provisions
498. Special resolutions, applications to the Court and court orders
499. Inspections or inquiry
500. Acquisition of shares of shareholders dissenting from scheme or contract approved by majority
501. Transitional provisions about active members
Division 5 -- Pending incorporation, reconstruction or winding-up
502. Pending incorporation
503. Pending reconstruction
504. Pending wind-up
SCHEDULE 1 -- Matters for which rules must make provision
SCHEDULE 2 -- Relevant interests, associates, related bodies
SCHEDULE 3 -- Registration etc. of charges
SCHEDULE 4 -- Receivers, and other controllers, of property of co-operatives
SCHEDULE 6 -- Modifications to Corporations Act
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