Co-operative Housing and Starr-Bowkett Societies Act 1998 (NSW)
An Act to make provision for the establishment, powers, membership, management, supervision and regulation of co-operative housing societies, Starr-Bowkett societies and associations; and for other purposes.
This Act is the Co-operative Housing and Starr-Bowkett Societies Act 1998.
This Act commences on a day or days to be appointed by proclamation.
Despite any other provision of this Act—
(a) a society cannot be formed or registered on or after the commencement of this section, and
(b) a Starr-Bowkett society cannot admit any person to membership on or after that commencement.
In this Act—
(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, and
(b) documents and records that record such entries, and
(c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up.
(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or
(b) a bank constituted under a law of a State.
(a) a body corporate that is incorporated within Australia or an external Territory and is a public authority or an instrumentality or agency of the Crown, or
(b) a corporation sole.
(a) a consolidated statement of financial performance that section 129 (Group accounts) requires to be made out in relation to a financial year of the body,
(b) a consolidated statement of financial position that section 129 (Group accounts) requires to be made out in relation to the financial year,
(c) statements, reports and notes (other than a directors’ report) attached to, or intended to be read with, that consolidated statement of financial performance or consolidated statement of financial position.
(a) a society, or
(b) an association.
(a) in relation to an entity—the profit or loss resulting from operations of the entity, and
(b) in relation to 2 or more entities or an economic entity constituted by 2 or more entities—the profit or loss resulting from operations of those entities.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Schedule 1 (General interpretative provisions) has effect.
Notes in the text of this Act do not form part of this Act.
A reference in this Act to a provision of the Corporations Act that is applied by or under this Act (or a part of this Act) is a reference to that provision to the extent that it is declared to apply to a matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 as a law of this State.
This section applies for the purposes of this Act other than section 103 (Financial accommodation to directors and associates).
A person is an
(a) they are partners, or
(b) one is a spouse, de facto partner, parent or child of the other, or
(c) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust, or
(d) one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body or entity, or
(e) one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body or entity, or
(f) they are related bodies corporate, or
(g) a relationship of a prescribed kind exists between them, or
(h) a chain of relationships can be traced between them under any one or more of the above paragraphs.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
Subject to subsection (2), for the purposes of this Act, a reference to
(a) a person occupying or acting in the position of director of the body, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position, and
(b) a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, and
(c) in the case of a body corporate incorporated outside Australia—
(i) a member of the body’s board, and
(ii) a person occupying or acting in the position of member of the body’s board, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position, and
(iii) a person in accordance with whose directions or instructions the members of the body’s board are accustomed to act.
A person is not to be regarded as a person in accordance with whose directions or instructions—
(a) a body corporate’s directors, or
(b) the members of the board of a body corporate incorporated outside Australia,
are accustomed to act merely because the directors or members act on advice given by the person in the proper performance of the functions attaching to—
(c) the person’s professional capacity, or
(d) the person’s business relationship with the directors, the members of the board or the body.
If an accounting standard defines the term
Accounting
Standard AASB 1024:Consolidated
Accounts defines
A reference in this Act to the holding body corporate of another body corporate is a reference to a body corporate of which the other body corporate is a subsidiary.
A society is a holding society if the society—
(a) controlled another entity during all or part of a financial year of the society, or
(b) controlled another entity at the end of a financial year of the society.
A reference in this Act to the making of a decision includes a reference to—
(a) making, suspending, revoking or refusing to make an order or determination, or
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission, or
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument, or
(d) imposing a condition or restriction, or
(e) making a declaration, demand or requirement, or
(f) retaining, or refusing to deliver up, an article, or
(g) doing or refusing to do anything else.
Subject to subsection (2), for the purposes of this Act,
(a) a director, secretary, executive officer or employee of the body or entity, and
(b) a receiver and manager, appointed under a power contained in an instrument, of property of the body or entity, and
(c) an official manager, or deputy official manager, of the body or entity, and
(d) a liquidator of the body or entity appointed in a voluntary winding-up of the body or entity, and
(e) a trustee or other person administering a compromise or arrangement made between the body or entity and other persons.
None of the following is an officer of the body corporate or entity—
(a) a receiver who is not also a manager,
(b) a receiver and manager appointed by a court,
(c) a liquidator appointed by a court.
If a body corporate is—
(a) the holding body corporate of another body corporate, or
(b) a subsidiary of another body corporate, or
(c) a subsidiary of the holding body corporate of another body corporate,
the first body corporate and the other body corporate are related to each other.
Subject to subsection (5), a body corporate is a subsidiary of a co-operative housing body if—
(a) the co-operative housing body—
(i) controls the composition of the body corporate’s board of directors, or
(ii) is in a position to cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of the body corporate, or
(iii) holds more than 50% of the issued share capital of the body corporate (other than any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital), or
(b) the body corporate is a subsidiary of a body corporate that is a subsidiary of the co-operative housing body (including a body corporate that is a subsidiary of the co-operative housing body by another application of this paragraph).
The composition of a body corporate’s board of directors is controlled by a co-operative housing body if the co-operative housing body can appoint or remove all or a majority of the directors by the exercise of a power exercisable with or without the consent or concurrence of another person.
For the purposes of subsection (2), a co-operative housing body is taken to have power to make an appointment of directors if—
(a) a person cannot be appointed as director without the exercise of such a power by the co-operative housing body in the person’s favour, or
(b) a person’s appointment as a director follows necessarily from the person being a director or other officer of the co-operative housing body.
Subsection (2) does not limit by implication the circumstances in which the composition of a body corporate’s board of directors is taken to be controlled by a co-operative housing body.
In determining whether a body corporate is a subsidiary of a co-operative housing body—
(a) any shares held or power exercisable by the co-operative housing body in a fiduciary capacity must be treated as not held or exercisable by it, and
(b) subject to paragraphs (c) and (d), any shares held or power exercisable—
(i) by any person as a nominee for the co-operative housing body, or
(ii) by, or by a nominee for, a subsidiary of the co-operative housing body (other than a subsidiary that is concerned only in a fiduciary capacity), and
must be treated as held or exercisable by the co-operative housing body, and
(c) any shares held or power exercisable by a person under a debenture, or a trust deed for securing the issue of debentures, must be disregarded, and
(d) any shares held or power exercisable by, or by a nominee for, the co-operative housing body or its subsidiary merely by way of security given for the purposes of a transaction entered into in the ordinary course of business in connection with providing financial accommodation must be disregarded.
If it is relevant to determine for the purposes of this Act whether a body corporate is a subsidiary of another body corporate that is not a co-operative housing body and subsection (1) does not apply, the first body corporate is a subsidiary of the other body corporate if it would be such a subsidiary under the Corporations Act.
For the purposes of Divisions 4 (Accounts) and 5 (Audit) of Part 4 (Management), an entity controls another entity if the entity is a subsidiary of the first entity.
Despite subsection (1), a regulation may make provision for determining, for the purposes of those Divisions as they apply in relation to a society in relation to prescribed financial years, whether or not an entity controls another entity.
(Repealed)
The Registrar may, by Gazette notice, declare a body corporate that provides or proposes to provide financial or other services to societies to enable them to further their objects to be a services corporation.
This Act binds the Crown in right of this State and, so far as the legislative power of the Legislature of this State permits, the Crown in all its other capacities.
Nothing in this section permits the Crown in any of its capacities to be prosecuted for an offence.
In this Division—
The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation other than to the extent specified by this section—
(a) co-operative housing bodies,
(b) securities of such bodies.
This section ensures that neither the Corporations Act nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply to co-operative housing bodies, other than to the extent specified in this section. Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to the whole of the Corporations legislation other than to a specified extent, then that legislation will not apply, except to the specified extent, in relation to that matter in the State concerned. However, other provisions of this Act apply certain provisions of the Corporations legislation to co-operatives as laws of this State.
Subsection (1) does not exclude the application of the following provisions of the Corporations legislation to co-operative housing bodies and the securities of such bodies to the extent they would otherwise be applicable to such bodies and securities—
(a) provisions applying to, or about, the following—
(i) bodies,
(ii) bodies corporate,
(iii) disclosing entities,
(iv) eligible bodies,
(v) persons,
(vi) securities, including securities of a particular type,
(vii) securities, including securities of a particular type (for example, shares or debentures) of a body corporate,
(b) provisions applying to or about bodies or bodies corporate included in the official list of any prescribed financial market (including provisions of Chapter 6 applying to or about a company as defined for that Chapter),
(c) Chapter 2L (Debentures),
(d) Chapter 6D (Fundraising),
(e) Part 7.10 (Market misconduct and other prohibited conduct relating to financial products and financial services),
(f) provisions—
(i) about the interpretation of a provision mentioned in paragraphs (a)–(e) (
non-excluded Corporations Act provision ), including a provision defining a word used in the non-excluded Corporations Act provision, or(ii) vesting power in the Australian Securities and Investments Commission, but only to the extent that they vest power for the purposes of a non-excluded Corporations Act provision, or
(iii) empowering a court to make an order (including an order curing a procedural irregularity), but only to the extent that they empower the court to make an order for the purposes of a non-excluded Corporations Act provision, or
(iv) otherwise about the administration of a non-excluded Corporations Act provision.
The expressions used in subsection (2) (a), (b) and (f) have the meanings given by the Corporations Act.
The regulations may declare any matter relating to a co-operative housing body to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to any excluded Corporations legislation provision or provisions (with such modifications as may be specified in the declaration).
Part 3 of the Corporations (Ancillary Provisions) Act 2001 provides for the application of provisions of the Corporations Act 2001 and Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. Section 14 (2) of the Corporations (Ancillary Provisions) Act 2001 ensures that a declaration made for the purposes of Part 3 of that Act only operates to apply a provision of the Corporations legislation to a matter as a law of the State if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.
Without limiting subsection (1), any such regulations may—
(a) specify modifications to the definitions and other interpretative provisions of the Corporations legislation relevant to any excluded Corporations legislation provision that is the subject of the declaration, and
(b) provide for ASIC to exercise a function under any excluded Corporations legislation provision that is the subject of the declaration, but only if—
(i) ASIC is to exercise that function pursuant to an agreement of the kind referred to in section 11 (8) or (9A) (b) of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, and
(ii) ASIC is authorised to exercise that function under section 11 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, and
(c) specify that a reference to ASIC in any excluded Corporations legislation provision that is the subject of the declaration is to be read as a reference to another person, and
(d) identify any excluded Corporations legislation provision to which the declaration relates by reference to that provision as in force at a particular time, and
(e) specify a court of this State (other than the Supreme Court) to exercise any function conferred on a court or the Court by any excluded Corporations legislation provision to which the declaration relates.
However, a regulation may not declare a matter to be an applied Corporations legislation matter in relation to an excluded Corporations legislation provision to the extent that the application of the provision would be inconsistent with a provision of this Act.
Words and expressions used in this section and also in Part 3 of the Corporations (Ancillary Provisions) Act 2001 have the same meanings as they have in that Part.
(Repealed)
The functions of the Registrar are—
(a) to register, supervise and regulate co-operative housing bodies, and
(b) to supervise and enforce compliance by co-operative housing bodies with this Act and with standards, and
(c) to ensure that an effective and efficient system of prudential supervision is applied to societies, and
(d) to facilitate or direct the transfer of engagements of, or the conversion or merger of, co-operative housing bodies, and
(e) (Repealed)
(f) to carry out such other functions as are conferred on the Registrar by or under this or any other Act.
The Registrar has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Registrar’s functions.
Without limiting subsection (1), the Registrar has such powers as are conferred on the Registrar by or under this or any other Act.
If a standard provides that the operation of the standard in relation to a particular co-operative housing body may be varied by the Registrar by temporarily changing a requirement of the standard, the Registrar may temporarily change the requirement as allowed under the standard.
Subsection (1) does not limit section 20 (General powers).
(Repealed)
A person may—
(a) inspect documents prescribed by the regulations or documents of a class prescribed by the regulations kept by the Registrar relating to co-operative housing bodies on payment of the fee (if any) prescribed by the regulations, and
(b) obtain, on payment of the fee prescribed by the regulations, a certified copy of a document that a person may inspect under paragraph (a).
If a reproduction or transparency of a document, or an extract of information contained in a document, is produced for inspection, a person is not entitled under subsection (1) to require the production of the original of that document.
If the Registrar is of the opinion that a document submitted to the Registrar—
(a) contains matter contrary to law, or
(b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included, or
(c) because of an omission or misdescription has not been duly completed, or
(d) does not comply with the requirements of this Act, or
(e) contains an error, alteration or erasure,
the Registrar may refuse to register, or may reject, the document and may request—
(f) that the document be appropriately amended or completed and resubmitted, or
(g) that a fresh document be submitted in its place, or
(h) if the document has not been duly completed—that a supplementary document be submitted.
The Registrar may require a person who submits a document to the Registrar to also produce another document, or to give any information, that the Registrar considers necessary in order to form an opinion whether the Registrar should refuse to register or should reject the document.
The Registrar may, on receipt of written application by a co-operative housing body or of the Registrar’s own initiative, extend or abridge the time within which anything is required to be done under this Act or the body’s rules, even if that time has ended.
A person whose interests are affected by a decision of the Registrar made under this Act may, by written notice given to the Registrar, request the Registrar to review the decision.
The Registrar must comply with a request under subsection (1).
However, a person may not request the Registrar to review—
(a) a decision made under subsection (6) to confirm, vary or reverse a decision (
the original decision ), or(b) the original decision as confirmed or varied.
A request under subsection (1) must be made within 1 month after the person is given notice of the decision.
When reviewing a decision, the Registrar must give the person who requested the review an opportunity to appear before the Registrar and make a submission in relation to the decision.
The Registrar may confirm, vary or reverse the decision.
A person whose interests are affected by a decision of the Registrar made under this Act may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.
This section does not apply to any of the following decisions of the Registrar—
(a) a decision under any of the following provisions—
(i) section 21 (Application of variation under standards),
(ii) Subdivision 1 (Enforcement powers) of Division 2 (Specific powers) of Part 2 (Functions and powers of Registrar),
(iii) section 40 (Special meeting and inquiry),
(iv) section 42 (Power to suspend operations),
(v) section 43 (Appointment of administrator),
(vi) section 47 (Power to control advertising),
(vii) section 156 (Registrar may direct a transfer of engagements between societies of the same type),
(viii) (Repealed)
(b) a decision under section 41 (Intervention by Registrar), other than the following decisions—
(i) a decision to remove an individual director,
(ii) a decision to remove an auditor,
(iii) a decision directing a co-operative housing body to change any practice if the practice is not dealt with by a standard,
(c) a decision prescribed by the regulations for the purposes of this subsection.
For the purposes of a review to which this section applies, the internal review referred to in section 55 (1) (b) of the Administrative Decisions Review Act 1997 is a review under section 26 of this Act.
Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply to a decision of the Registrar made under this Act.
The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a co-operative housing body, or a body corporate related to a co-operative housing body, require the co-operative housing body or body corporate—
(a) to give to the Registrar, within a reasonable period and in a reasonable way specified in the notice, specified information and reports, and
(b) to give to the Registrar, at the reasonable times and in a reasonable way specified in the notice, periodic reports on specific matters, and
(c) to notify the Registrar, within the reasonable time and in a reasonable way specified in the notice, if—
(i) a specified event or change of circumstances happens, or
(ii) the co-operative housing body or body corporate becomes aware that a specified event or change of circumstances is likely to happen.
The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a services corporation, or a body corporate related to a services corporation, require the services corporation or body corporate to give to the Registrar, within a reasonable time and in a reasonable way specified in the notice, specified information.
A co-operative housing body, body corporate or services corporation that, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) to the extent that it is capable of doing so commits an offence.
Maximum penalty—50 penalty units.
It is not a reasonable excuse for a co-operative housing body, body corporate or services corporation to fail to comply with a requirement under subsection (1) or (2) that complying with the requirement might tend to incriminate the co-operative housing body, body corporate or services corporation.
The fact that information or a report or notification was given by a co-operative housing body, body corporate or services corporation under subsection (1) or (2) is not admissible in evidence against the co-operative housing body, body corporate or services corporation in a criminal proceeding (other than a proceeding in relation to the falsity of the information, report or notification) if—
(a) the co-operative housing body, body corporate or services corporation, before giving the information, report or notification (the
relevant action ) claimed that the relevant action might tend to incriminate the co-operative housing body, body corporate or services corporation, and(b) the relevant action might in fact tend to incriminate the co-operative housing body, body corporate or services corporation.
The Registrar may, if it is reasonably necessary for the purposes of this Act, by written notice given to a person, require the person—
(a) to attend before an employee of the Department of Customer Service authorised for the purpose, at a reasonable time and place specified in the notice, and then and there answer questions, and
(b) to produce to an employee of the Department of Customer Service authorised for the purpose, at a reasonable time and place specified in the notice, documents in the custody or under the control of the person.
An employee before whom a person attends under subsection (1) (a) may require answers to be verified or given on oath or affirmation, and either orally or in writing, and for that purpose the employee may administer an oath or affirmation.
The oath to be taken, or affirmation to be made, by a person for the purposes of this section is an oath or affirmation that the answers the person will give will be true.
An employee to whom documents are produced under subsection (1)—
(a) may keep the documents for 60 days or, if a prosecution for an offence against this Act of which the document may afford evidence is instituted within that period, until the completion of the proceeding for the offence and of any appeal in relation to the proceeding, and
(b) while the employee has possession of the document, may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the employee’s possession.
The regulations must prescribe scales of allowances and expenses to be allowed to persons required to attend under this section.
The Registrar may authorise an employee for the purpose of subsection (1) (a) only if the person has, in the Registrar’s opinion, the appropriate expertise for the purpose (whether because of training or otherwise).
A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) to the extent that the person is capable of doing so commits an offence.
Maximum penalty—50 penalty units.
It is not a reasonable excuse for a person to fail to comply with a requirement under subsection (1) that complying with the requirement might tend to incriminate the person.
An answer given by a person under subsection (1) is not admissible against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the answer) if—
(a) the person, before giving the answer, claimed that giving the answer might tend to incriminate the person, and
(b) giving the answer might in fact tend to incriminate the person.
The fact that a document was produced by a person under subsection (1) is not admissible in evidence against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the document) if—
(a) the person, before producing the document, claimed that producing the document might tend to incriminate the person, and
(b) producing the document might in fact tend to incriminate the person.
The Registrar may authorise a person, or a class of persons, to exercise—
(a) all the powers conferred by this Act on an inspector, or
(b) any powers conferred by this Act on an inspector.
The Registrar is to cause each inspector to be issued with a certificate of identification in the approved form.
If an inspector proposing to exercise the functions of an inspector fails to produce on demand his or her certificate of identification, the inspector is not authorised to exercise those functions in relation to the person making the demand.
An inspector may, for the purpose of finding out whether the requirements of this Act are being complied with—
(a) enter any place, and
(b) exercise the powers set out in section 34 (General powers of inspector in relation to places).
An inspector must not enter a place, or exercise a power under subsection (1), unless—
(a) the place is premises occupied by a co-operative housing body or services corporation, or a body corporate related to a co-operative housing body or services corporation, and the entry is made when the premises are open for conduct of business or otherwise open for entry, or
(b) the place is premises occupied by a banker or liquidator of a co-operative housing body, or a body corporate related to a co-operative housing body, and the entry is made when the premises are open for conduct of business or otherwise open for entry, or
(c) the place is premises that are not occupied for residential purposes, the inspector believes on reasonable grounds that accounting records or other prescribed documents of, or any auditor’s working papers relating to, a co-operative housing body, or a body corporate related to a co-operative housing body, are kept or are to be found on the premises and the entry is made when the premises are open for conduct of business or otherwise open for entry, or
(d) the occupier of the place consents to the entry or exercise of the power, or
(e) a warrant under section 35 (Monitoring warrants) authorises the entry or exercise of the power.
Subject to subsection (3), if an inspector has reasonable grounds for suspecting that there is in a place a particular thing (
(a) enter the place, and
(b) exercise the powers set out in section 34 (General powers of inspector in relation to places).
If an inspector enters the place and finds the evidence, the following provisions have effect—
(a) the inspector may seize the evidence,
(b) the inspector may keep the evidence for 60 days or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and of any appeal in relation to the proceeding,
(c) if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.
An inspector must not enter the place or exercise a power under subsection (1) unless—
(a) the occupier of the place consents to the entry or exercise of the power, or
(b) a warrant under section 36 (Offence related warrants) that was issued in relation to the evidence authorises the entry or exercise of the power.
If, while searching the place under subsection (1) under a warrant under section 36 (Offence related warrants)—
(a) an inspector finds a thing that the inspector believes, on reasonable grounds, to be—
(i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1), or
(ii) a thing that will afford evidence of the commission of another offence against this Act, and
(b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent—
(i)
its concealment, loss or destruction, or
(ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be,
subsection (2) applies to the thing as if it were the evidence.
An inspector who seizes or damages anything under this section must give written notice of particulars of the thing or damage.
The notice must be given to—
(a) if anything is seized—the person from whom the thing was seized, or
(b) if damage is caused to anything—the person who appears to the inspector to be the owner.
The powers an inspector may exercise under section 32 (1) (b) (Entry and search—monitoring compliance) or 33 (1) (b) (Entry and search—evidence of offences) in relation to a place are as follows—
(a) to search any part of the place,
(b) to inspect, examine or photograph anything in the place,
(c) to take extracts from, and make copies of, any documents in the place,
(d) to take into the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place,
(e) to require the occupier or any person in the place to give to the inspector reasonable assistance in relation to the exercise of an inspector’s powers mentioned in paragraphs (a) to (d).
A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) (e).
Maximum penalty—25 penalty units.
It is not a reasonable excuse for a person to fail to comply with a requirement under subsection (1) (e) on the ground of the privilege against self-incrimination.
If, under a requirement under subsection (1) (e), a person is required to answer a question or produce a document, the contents of the answer, or the fact of production of the document, is not admissible in evidence against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the answer or document).
For the purposes of the application of subsection (4) to the production of a document, the contents of the document are to be disregarded.
An inspector may apply to a Magistrate for a warrant under this section in relation to a particular place.
Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.
If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the inspector or another person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires.
The warrant must—
(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable—
(i) to enter the place, and
(ii) to exercise the powers set out in section 34 (General powers of inspector in relation to places), and
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night, and
(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect, and
(d) state the purpose for which the warrant is issued.
An inspector may apply to a Magistrate for a warrant under this section in relation to a particular place.
Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the place a particular thing (
If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the inspector or another person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires.
The warrant must—
(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable—
(i) to enter the place, and
(ii) to exercise the powers set out in section 34 (General powers of inspector in relation to places), and
(iii) to seize the evidence, and
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night, and
(c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect, and
(d) state the purposes for which the warrant is issued.
If, because of urgent circumstances, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 36 (Offence related warrants).
Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 36 (2) that sets out the grounds on which the issue of the warrant is sought.
If it is necessary to do so, the inspector may apply for the warrant before the information has been sworn.
If the Magistrate is satisfied—
(a) after having considered the terms of the information, and
(b) after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought,
that there are reasonable grounds for issuing the warrant, the Magistrate may, under section 36 (Offence related warrants), complete and sign such a warrant as the Magistrate would issue under that section if the application had been made under that section.
If the Magistrate completes and signs the warrant—
(a) the Magistrate must—
(i) tell the inspector what the terms of the warrant are, and
(ii) tell the inspector the date on which and the time at which the warrant was signed, and
(iii) record on the warrant the reasons for granting the warrant, and
(b) the inspector must—
(i) complete a form of warrant in the same terms as the warrant completed and signed by the Magistrate, and
(ii) write on the form of warrant the name of the Magistrate and the date on which and the time at which the Magistrate signed the warrant.
The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the Magistrate—
(a) the form of warrant completed by the inspector, and
(b) the information mentioned in subsection (2), which must have been duly sworn.
When the Magistrate receives the documents mentioned in subsection (6), the Magistrate must—
(a) attach them to the warrant that the Magistrate completed and signed, and
(b) deal with them in the way in which the Magistrate would have dealt with the information if the application for the warrant had been made under section 36 (Offence related warrants).
A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the Magistrate authorises.
If—
(a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section, and
(b) the warrant completed and signed by the Magistrate authorising the exercise of power is not produced in evidence,
the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.
A person must not, without reasonable excuse, assault, obstruct, hinder or resist an inspector in the exercise of a power under this Act.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
In this section—
A person must not—
(a) make a statement to the Registrar or a relevant person that the person knows is false or misleading in a material particular, or
(b) omit from a statement made to the Registrar or a relevant person anything without which the statement is, to the person’s knowledge, misleading in a material particular, or
(c) give to the Registrar or a relevant person a document containing information that the person knows is false, misleading or incomplete in a material particular without, at the same time—
(i) indicating that the document is false, misleading or incomplete and the respect in which it is false, misleading or incomplete, and
(ii) giving correct information if the person has, or can reasonably obtain, the correct information.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
The Registrar may, on the written application of a majority of the directors, or not less than 10% of the members, of a society or on the Registrar’s own initiative—
(a) call a special meeting of the society, or
(b) hold an inquiry into affairs (including the working and financial conditions) of the society.
The Registrar may, on the Registrar’s own initiative, hold an inquiry into affairs (including the working and financial conditions) of—
(a) a body corporate related to a society, or
(b) a services corporation.
An application under subsection (1) must be supported by such evidence as the Registrar directs for the purpose of showing that the applicants have good reason for requiring the meeting or inquiry and that the application is made without malicious motive.
Notice of the application must be given to the society if the Registrar directs.
Security for the expenses of a meeting or inquiry must be given—
(a) if the meeting is called or inquiry is held on an application under subsection (1)—by the applicants, or
(b) in any other case—by such persons and in such way as the Registrar directs.
The Registrar may—
(a) direct the time and place the meeting or inquiry is to be held, and
(b) direct what matters are to be discussed or determined, and
(c) despite the rules of the society, give notice to members of the holding of the meeting or inquiry as the Registrar considers appropriate.
The Registrar may, by written notice, direct the directors and such other persons as the Registrar requires to attend the meeting or inquiry.
A person to whom a direction is given under subsection (7) must not, without reasonable excuse, fail to comply with the direction.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
A meeting held under this section has all the powers of a meeting called under the rules of a society and has power to appoint a person to preside at the meeting, despite any rule of the society to the contrary.
The Registrar, or any person nominated by the Registrar, may attend and address a meeting held under this section.
All expenses of and incidental to the meeting or inquiry may be defrayed—
(a) if the meeting is called or inquiry is held under subsection (1)—by the applicants or out of the funds of the society or by any officer or member, or former officer or member, in such proportions as may be agreed between the Registrar and those persons, or
(b) if the inquiry is held under subsection (2)—
(i) in the case of a related body corporate—out of the funds of the society to whom the body corporate is related, or
(ii) in the case of a services corporation—out of the funds of the services corporation, or out of the funds of any society that has shares in the services corporation, in such proportions as the Registrar directs,
and may be recovered as a debt in a court having jurisdiction for the recovery of debts up to the amount concerned.
In default of agreement under subsection (11) (a), the expenses must be defrayed by such persons, and in such proportions, as the Court, on the application of the Registrar, directs.
If the Registrar is of the opinion that—
(a) a co-operative housing body has contravened this Act and, after being given written notice of the contravention by the Registrar, has allowed the contravention to continue or has again contravened this Act, or
(b) a co-operative housing body is trading unprofitably or has an accumulated deficit in its accounts, or
(c) the affairs of a co-operative housing body are being conducted in an improper or financially unsound way,
the Registrar may, by written notice given to the body, place it under direction.
The Registrar may, by written notice given to the body, revoke the notice.
While the co-operative housing body is under direction, the Registrar may do all things that the Registrar considers necessary to ensure that the matter is remedied.
Without limiting subsection (3), the Registrar may—
(a) order an audit of the affairs of the co-operative housing body by an auditor chosen by the Registrar at the expense of the body, or
(b) direct the co-operative housing body to change any practices that in the Registrar’s opinion are undesirable or unsound, or
(c) direct the co-operative housing body to cease or limit the raising or lending of funds or the exercise of other powers, or
(d) remove a director, or all the directors, of the co-operative housing body from office and appoint another director or other directors, or
(e) remove any auditor of the co-operative housing body from office and appoint another auditor, or
(f) give any other directions as to the way in which the affairs of the co-operative housing body are to be conducted or not conducted.
If the co-operative housing body—
(a) fails, without reasonable excuse, to comply with a direction given or requirement made under this section to the extent that the co-operative housing body is capable of doing so, or
(b) without reasonable excuse, obstructs, hinders or resists the exercise of the Registrar’s powers under this section,
the co-operative housing body and any officer of the co-operative housing body who is in default each commit an offence.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
A director or auditor appointed under this section holds office for such term as the Registrar directs.
If the Registrar considers that it is necessary to do so—
(a) in the interests of members or creditors, or persons who may become members or creditors, of a co-operative housing body, or
(b) because a co-operative housing body has failed to comply with a standard,
the Registrar may, by written notice given to the body, direct the body not to do any of the following—
(c) give any financial accommodation to members,
(d) borrow any amount,
(e) accept any payment on account of share capital except calls that fell due before the notice was given,
(f) repay any amount paid on shares,
(g) repay any money on loan,
(h) pay or transfer an amount to any person, or create an obligation to do so.
A notice under subsection (1) continues in force until it expires, or is withdrawn by the Registrar.
The Registrar may, by a further written notice given to the co-operative housing body—
(a) extend the period for which a notice under subsection (1) is to have force, or
(b) amend the terms of the notice, or
(c) withdraw the notice.
If a co-operative housing body fails to comply with a notice under this section, the body and any officer of the body who is in default each commit an offence.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
Subsection (4) does not apply if the failure to comply happens with the written permission of the Registrar.
The Registrar may, by written notice, appoint an administrator to conduct the affairs of a co-operative housing body and may, by written notice, revoke the appointment.
A notice of appointment must specify—
(a) the date of appointment, and
(b) the appointee’s name, and
(c) the appointee’s business address.
If the appointee’s name or business address changes, the appointee must immediately give written notice of the change to the Registrar.
The Registrar must not appoint an administrator unless—
(a) the Registrar is of the opinion that—
(i) the co-operative housing body has contravened this Act or its rules and, after being given written notice of the contravention by the Registrar, has allowed the contravention to continue or has again contravened this Act or those rules, or
(ii) the body is trading unprofitably or has an accumulated deficit in its accounts, or
(iii) the affairs of the body are being conducted in an improper or financially unsound way, or
(b) after making such inquiries in relation to the body as the Registrar considers appropriate, the Registrar is satisfied that it is in the interest of members or creditors that the body’s affairs be conducted by an administrator, or
(c) the Registrar has certified that—
(i) the body has not started business within a year of registration or has suspended or ceased to carry on business for a period of more than 6 months, or
(ii) an event (specified in the certificate) has happened on the happening of which the regulations or the body’s rules provide that the body is to be wound-up, or
(iii) there are, or have been for a period of 1 month immediately before the date of the certificate, insufficient directors of the body to constitute a quorum as provided by the body’s rules.
On the appointment of an administrator of a co-operative housing body—
(a) the directors of the body cease to hold office, and
(b) all contracts of employment with, or for providing administrative or secretarial services to, the body are terminated, and
(c) the administrator may terminate any contract for providing other services to the body.
An administrator of a co-operative housing body has the powers and functions of the board of the body, including the board’s powers of delegation.
A director of a co-operative housing body must not be appointed or elected while the administrator is in office except as provided by this section.
An administrator holds office until the administrator’s appointment is revoked.
Immediately on the revocation of an administrator’s appointment, the administrator must prepare and submit a report to the Registrar showing how the administration was carried out, and for that purpose an administrator has access to the co-operative housing body’s records and documents.
On providing the report and accounting fully in relation to the administration of the co-operative housing body to the satisfaction of the Registrar, the administrator is released from any further duty to account in relation to the administration of the body other than on account of fraud, dishonesty, negligence or wilful failure to comply with this Act.
Before revoking an administrator’s appointment, the Registrar must—
(a) appoint another administrator, or
(b) appoint a liquidator, or
(c) ensure that directors have been appointed or elected under the co-operative housing body’s rules at a meeting called by the administrator under the rules, or
(d) appoint directors of the body.
Directors elected or appointed under this section—
(a) take office on the revocation of the administrator’s appointment, and
(b) in the case of directors appointed under this section—hold office, subject to section 44 (Additional powers of Registrar), until the society’s next annual general meeting.
The expenses of conducting a co-operative housing body’s affairs by an administrator are payable from the body’s funds.
The expenses of conducting a co-operative housing body’s affairs include—
(a) if the administrator is not an employee of the Department of Customer Service—remuneration of the administrator at a rate approved by the Registrar, or
(b) if the administrator is an employee of the Department of Customer Service—the amount that the Registrar certifies should be paid to the Registrar as repayment of the administrator’s remuneration.
An amount certified by the Registrar as the amount that should be paid to the Registrar as repayment of the administrator’s remuneration is a debt due to the Crown and may be sued for and recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.
An administrator has, in relation to the expenses of conducting a co-operative housing body’s affairs, the same priority on the winding-up of the body as the liquidator of the body has.
If a co-operative housing body incurs any loss because of any fraud, dishonesty, negligence or wilful failure to comply with this Act or the body’s rules by an administrator, the administrator is liable for the loss. An administrator is not liable for any other loss but must account for the loss in a report given under this section.
If the Registrar appoints directors of a co-operative housing body under section 43 (11) (d) (Appointment of administrator), the Registrar may, by written notice given to the body, specify—
(a) a time during which this section is to apply in relation to the body, and
(b) the terms and conditions on which all or any of the directors hold office, and
(c) the rules that are to be the body’s rules.
While this section applies to a co-operative housing body, the Registrar may—
(a) from time to time remove and appoint directors, and
(b) from time to time vary, revoke or specify new terms and conditions in place of all or any of the terms and conditions specified under subsection (1), and
(c) amend all or any of the rules specified under subsection (1).
The Registrar may, by written notice given to a co-operative housing body, extend the time for which this section is to apply in relation to the body.
A rule specified by the Registrar under this section as a rule of a co-operative housing body—
(a) is not to be amended or revoked except in the way set out in this section, and
(b) if it is inconsistent with any other rule of the body—prevails over the other rule, and the other rule is to the extent of the inconsistency invalid, and
(c) has the same evidentiary value as is by this Act accorded to the body’s rules and to copies of them.
If the Registrar appoints an administrator to conduct a co-operative housing body’s affairs, a person must not begin or continue any proceeding in a court against the body until the administrator’s appointment is revoked except with the leave of the Court and, if the Court grants leave, in accordance with any terms and conditions that the Court imposes.
A person intending to apply for leave of the Court under subsection (1) must give to the Registrar not less than 10 days notice of intention to apply.
On the hearing of an application under subsection (1), the Registrar may be represented and may oppose the granting of the application.
On the receipt of a request from the Registrar, the administrator of a co-operative housing body must, without delay, prepare and give to the Registrar a report showing how the administration is being carried out.
The Registrar may, by written notice given to a co-operative housing body, direct it—
(a) not to issue an advertisement, or
(b) not to issue an advertisement of a specified kind, or
(c) not to issue an advertisement that is substantially in the same form as an advertisement that has been issued before, or
(d) to include in an advertisement of a specified kind, or in an invitation to invest in or lend amounts to the body, information relating to the body that is required by the Registrar to be included.
Directions under subsection (1) may be varied or revoked by further written notice given to the body by the Registrar.
A body that fails to comply with a direction under this section commits an offence.
Maximum penalty—50 penalty units.
The functions and powers expressed to be conferred on the “Registrar” by or under this Act are to be exercised and performed by the Secretary of the Department of Customer Service.
For that purpose, a reference in this Act to the Registrar is to be read as a reference to the Secretary of the Department of Customer Service.
The Registrar may delegate to any person any of the Registrar’s functions and powers except this power of delegation.
A delegate may sub-delegate to another person any function or power delegated under this section if authorised by the terms of the delegation to do so.
A society may be either a co-operative housing society or a Starr-Bowkett society.
A society is a co-operative housing society if it has as its object the assisting of members and other persons to achieve home ownership (including ownership of land upon which a home is to be erected), and is by its rules—
(a) authorised to raise money on loan, and
(b) not authorised to receive money on deposit, and
(c) not authorised to raise money by the subscription of its members except money raised by the nominal subscription required by its rules for a person to become a member.
A society is a Starr-Bowkett society if it has as its object the raising, by the subscription of its members, of a fund for making loans to its members upon the security of a mortgage over freehold or leasehold land or land of any tenure under any Act dealing with the disposition and holding of lands of the Crown, and is by its rules—
(a) authorised to raise money by the subscription of its members, and
(b) authorised to determine by ballot the precedence among applicants for loans.
A society has such additional objects as may be prescribed by the regulations in relation to the provision of housing for its members and other persons, and any such additional object may be prescribed so as—
(a) to apply generally to all societies, or
(b) to apply to one kind of society only or to both kinds, or
(c) to apply to a particular society or the members of a particular class of societies, or
(d) to be limited in its application to those societies by reference to specified exceptions or factors.
A body proposed to be a co-operative housing society or a Starr-Bowkett society may be formed by any 7 or more adults.
The proposed society may be formed only if there has been a meeting for the purpose of forming the society at which there were present 7 or more adults.
At the formation meeting, there must be presented—
(a) a written statement showing—
(i) the objects of the society, and
(ii) whether the society is proposed to operate as a co-operative housing society or a Starr-Bowkett society, and
(iii) the reasons for believing—
(A) that an application for registration of the society should be granted, and
(B) that, if registered, the society will be able to carry out its objects successfully, and
(b) a copy of the proposed rules of the society.
If, at the formation meeting or any subsequent or adjourned meeting, 7 or more adults, after considering the statement and the rules, approve the rules (with or without amendment), and sign an application for membership and shares, they may proceed to elect the first directors of the society under the rules as so approved.
An application for shares in a proposed society, made before the registration of the society, may not be withdrawn, and a person who makes such an application is, on the registration of the society, liable to pay the society—
(a) the value of the shares for which the person applied, or
(b) the value of the minimum number of shares for which a member is entitled to subscribe,
whichever is the greater.
The expenses of, and incidental to, the formation of the society may be paid out of the capital or income of the society.
A person must not, before a society is registered—
(a) make an offer or invitation to the public in order to raise funds for the proposed society, whether by allotting a share or interest in the proposed society or accepting amounts on loan, or
(b) take an amount in consideration of the allotment of a share or interest in, or providing financial accommodation by, the proposed society.
Maximum penalty (subsection (7)): 50 penalty units or imprisonment for 12 months, or both.
A proposed society formed under this Part may apply to the Registrar, in accordance with the regulations, to be registered under this Act as a society and authorised to operate either as a co-operative housing society or as a Starr-Bowkett society.
An application for registration must—
(a) be made within 2 months after the formation meeting at which the first directors of the society were elected, and
(b) be accompanied by—
(i) a statement, in the form approved by the Registrar, to the effect that the requirements of section 49 (Formation of co-operative housing and Starr-Bowkett societies) have been complied with, and
(ii) a copy of the statement presented to the meeting, signed by the person presiding and the secretary, and
(iii) 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting, and
(iv) a list containing the full name, date and place of birth, residential address and business occupation of each director, and
(v) a list containing the full name, address and occupation of each of 7 or more adults who attended the meeting and applied for membership and (if applicable) shares, and
(vi) written estimates of all income and expenditure and capital flows over each of the first 3 years of operation of the society, and
(vii) such evidence as the Registrar requires—
(A) that the society is eligible for registration, and
(B) that the society, if registered, will be able to comply with this Act and all applicable standards, and
(C) that the society, if registered, will be able to carry out its objects successfully.
(Repealed)
If the Registrar is satisfied that the society is eligible for registration, the Registrar must—
(a) register the society and its proposed rules, and
(b) authorise the society to operate either as a co-operative housing society or a Starr-Bowkett society, but not both.
A society is eligible for registration only if—
(a) the society’s application for registration complies with this Act, and
(b) the proposed rules of the society are not contrary to this Act, and
(c) there are reasonable grounds for believing that the society will, if registered—
(i) be able to comply with all applicable standards and applicable character requirements, and
(ii) be able to carry out its objects successfully, and
(d) there is no good reason why the society and its rules should not be registered.
Without limiting the form that may be approved under subsection (2) (b) (i), the form may be an electronic form accessible on a publicly available website.
(Repealed)
On registering a society, the Registrar must issue to the society—
(a) a certificate of incorporation, and
(b) a written authority to operate either as a co-operative housing society or a Starr-Bowkett society.
A certificate of incorporation is conclusive evidence that all requirements of this Act in relation to registration and matters precedent or incidental to registration have been complied with.
A written authority to operate either as a co-operative housing society or a Starr-Bowkett society is conclusive evidence that the society is authorised under this Act to operate as a co-operative housing society or a Starr-Bowkett society, as the case may be.
A society is a body corporate with perpetual succession and—
(a) has, subject to this Act and the society’s rules, the legal capacity of a natural person, and
(b) has a common seal, and
(c) may sue and be sued in its corporate name.
Without limiting section 52 (Effect of incorporation), but subject to this Act and the society’s rules, a society may—
(a) raise money on loan, and
(b) act as agent for other persons in relation to the provision of housing for its members and other persons and the provision of financial services generally required by householders and their families (such as hospital, medical and general insurance and housing related services), and
(c) acquire by purchase or otherwise shares in an association, or in a corporation or other body corporate that has agreed to render special services to the society in furtherance of the society’s objects or has agreed to render special services to the members of the society, and
(d) hold a subsidiary, but only if approved of by the Registrar, and
(e) do anything else that it is authorised to do by this Act or the society’s rules.
A society must not under subsection (1) (c) invest funds of an amount in excess of one-third of any sums transferred to any reserve, except as may be permitted by a standard.
The powers of a subsidiary formed or acquired by a society are not limited by the society’s objects or limitations on the society’s powers.
A co-operative housing society must not—
(a) receive money on deposit, or
(b) raise money by the subscription of its members except money raised by the nominal subscription required by its rules for a person to become a member.
A co-operative housing society that raises money on loan by means of any one or more of the following kinds of loan must not raise money by means of any other kind of loan—
(a) loans made by lenders pursuant to three-party loan and guarantee agreements as referred to in section 4A of the Government Guarantees Act 1934, section 17AC of the Co-operation Act 1923 or section 60 (Treasurer’s guarantee for co-operative housing society loans) of this Act,
(b) (Repealed)
(c) loans made from the Home Purchase Assistance Fund, or loans made by any person on behalf of the Treasurer from any other public account of the State,
(d) loans made by a lender prescribed by the regulations for the purposes of this section.
Where a co-operative housing society raises money on loan by means of a loan of a kind referred to in subsection (1), the society must not—
(a) create any mortgage, charge or lien or issue any debenture or bond other than—
(i) in the case of a loan of a kind referred to in subsection (1) (a)—a charge in favour of the Treasurer over the securities given to the society by its members in respect of loans made or to be made from money raised by the loan of that kind, or
(ii) in the case of a loan of a kind referred to in subsection (1) (c) or (d)—a charge in favour of the lender over the securities given to the society by its members in respect of loans made or to be made from money raised by the loan of that kind, or
(b) enter into any agreement which provides for the appointment of a receiver or manager of the property of the society.
A co-operative housing society must not—
(a) borrow money from a source outside Australia, or
(b) borrow money in a foreign currency, or
(c) borrow money by means of a loan that is repayable (whether as to principal or interest) in a foreign currency.
The total amount raised on loan by a Starr-Bowkett society and not repaid by the society must not at any time exceed whichever is the larger of the following amounts—
(a) 80% of the amount for the time being secured to the society by mortgages from its members,
(b) an amount equal to 12 months’ subscriptions on the shares for the time being in force.
In calculating for the purposes of this section the amount for the time being secured to a society by mortgages from its members, the following amounts are to be disregarded—
(a) the amounts secured on any property in respect of which the payments were 12 months or more in arrears at the date of the last annual account and statement of the society,
(b) the amount secured on any property of which the society had been in possession for 12 months or more at the date of that account and statement.
A person who lends money to a society is not bound to see to the application of the money and is not in any way affected or prejudiced by the fact that the society, in borrowing the money, has contravened any provision of this Act or of the rules of the society.
The Treasurer may, on the recommendation of the New South Wales Land and Housing Corporation, grant a written indemnity for a co-operative housing society that indemnifies the society against loss as specified in the indemnity suffered by the society in respect of a loan made or to be made by the society.
An indemnity in respect of a loan made by a society is subject to—
(a) the terms and conditions set out in the indemnity when it is granted, and
(b) any other terms and conditions imposed by the Treasurer, notice of which has been served on the society before the loan is made.
An indemnity may apply—
(a) with respect to a particular loan, or
(b) with respect to loans of any class, whether or not made or to be made by the same society.
An amount payable in connection with an indemnity under this section is to be paid out of moneys provided by Parliament.
If a term or condition to which an indemnity relating to a society is subject is contravened, the Treasurer may, by notice served on the society, cancel the indemnity—
(a) if it was granted in respect of a particular loan—wholly, or
(b) if it was granted in respect of loans of a class made or to be made by that society—wholly or to the extent to which it applied in respect of any one or more of those loans.
The Treasurer ceases to be liable in respect of an indemnity when the amount of the loan to which the indemnity relates is reduced to an amount that does not exceed the equivalent of 80% of the value of the security for the loan when the loan was made.
The Treasurer may delegate to any Minister any or all of the Treasurer’s powers, authorities, duties or functions under this section.
The Treasurer may, on the recommendation of the New South Wales Land and Housing Corporation, execute a guarantee in favour of any person approved by the Treasurer, for the repayment of any advance to a co-operative housing society made or to be made by the person.
Sections 4 and 5 of the Government Guarantees Act 1934 apply to a guarantee authorised by this section in the same way as they apply to a guarantee authorised by that Act, except as provided by subsections (3) and (4).
The guarantee is to be part of a three-party loan and guarantee agreement between the lender (being the approved person concerned), the Treasurer and the co-operative housing society under which, in consideration for the advance to be made by the lender to the co-operative housing society and the guarantee to be given by the Treasurer—
(a) the co-operative housing society and the lender undertake to observe the terms and conditions specified in the agreement, and
(b) the co-operative housing society creates a charge in favour of the Treasurer over the securities given to the society by its members in respect of loans to be made from the advance.
The society concerned must lodge with the Registrar a copy of each such three-party loan and guarantee agreement entered into by the society as soon as practicable after it is entered into.
(a) commencing at the migration time (within the meaning of the PPS Act) or such earlier time as may be prescribed by the regulations, and
(b) ending at the commencement time.
Clause 22A (References to charges and fixed and floating charges) of Schedule 1 to the Personal Property Securities (Commonwealth Powers) Act 2009 does not apply in relation to a reference in this Part or in a provision of the applied charges registration provisions continued in effect by this Part.
The applied charges registration provisions cease to have effect at the commencement time, except as otherwise provided by this Part.
If a provision of the applied charges registration provisions (the
(a) any other provision of the applied charges registration provisions (a
related provision ) that is referred to in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision, and(b) any power to make regulations in respect of a matter that is conferred by the primary provision or a related provision is taken to include a power for the matter to be prescribed by regulations made under this Act after the commencement time.
The regulations under this Act as in force immediately before the commencement time continue to apply for the purposes of a primary provision or related provision that confers a regulation-making power for a matter under the applied charges registration provisions until regulations provide otherwise.
The Registrar is specifically authorised to provide the Commonwealth, the PPS Registrar or any other officer of the Commonwealth with such information recorded in, or concerning the use of, the Charges Register as the Registrar considers appropriate in order to assist the Commonwealth in establishing the PPS Register.
Without limiting subclause (1), the Registrar is also specifically authorised to provide any of the following persons with such information recorded in the Charges Register as the Registrar considers appropriate in order to assist in verifying the accuracy of information recorded in the Charges Register for the purposes of data migration to the PPS Register—
(a) any person who is (or was) recorded in the Charges Register as a debtor or creditor,
(b) any person acting on behalf of such a debtor or creditor (or former debtor or creditor),
(c) any other person engaged by the Registrar to assist, or who is otherwise involved in assisting, in the migration of data from the Charges Register to the PPS Register.
The Registrar may provide the information that the Registrar is authorised to provide under this clause in whatever form (including by means of electronic data or in a form approved for the purposes of the PPS Act) as the Registrar considers appropriate.
Subject to subclause (5), the provisions of this clause prevail to the extent of any inconsistency with the provisions of this or any other Act or statutory rule.
The provisions of this clause are in addition to, and do not derogate from, the provisions of section 9A of the Fair Trading Act 1987.
The Registrar may refuse to exercise a provisional registration function during the pre-transitional period.
In this clause—
Section 263 (1) (b) and (c), (2) and (4) (b)–(d) of the Corporations Act (as applied by section 88 and modified by that section and the regulations immediately before the commencement time) cease to apply during the pre-transitional period in respect of charges created during that period.
During the transitional period, the Registrar is to continue to keep, in the form of the Charges Register, the information contained in the Register immediately before the commencement time.
The Registrar may, whether before or during the transitional period, seek information from a person who is (or was) recorded in the Charges Register as a debtor or creditor in relation to a charge as to whether the debt or other liability the payment or discharge of which was secured by the charge has been paid or discharged in whole or in part or the property charged or part of that property has been released from the charge.
The Registrar may require the information sought under subclause (2) to be provided on or before a date specified by the Registrar.
The Registrar may treat a debt or other liability secured by a charge that is recorded in the Charges Register as having been paid or discharged if—
(a) the creditor does not provide information sought under subclause (2) on or before the date specified by the Registrar for the provision of the information, and
(b) the Registrar has given written notice to both the debtor and creditor of his or her intention to treat the debt or other liability as having been paid or discharged within 7 days of the notice being served.
The Registrar may amend the Charges Register—
(a) on the basis of information provided under this clause, and
(b) to omit information concerning a charge on the basis of subclause (4).
Section 274 of the Corporations Act (as applied by section 88 and modified by that section and the regulations immediately before the commencement time) continues to apply during the transitional period in relation to an existing charge.
Section 272 of the Corporations Act (as applied by section 88 and modified by that section and the regulations immediately before the commencement time) continues to apply during the transitional period in relation to—
(a) a certificate issued under that section before the commencement time, and
(b) an existing charge the particulars of which were entered in the Charges Register before the commencement time.
The regulations may make provision for or with respect to fees payable in relation to—
(a) certificates (or copies of certificates) issued under section 272 of the Corporations Act (as continued in force by subclause (1)), and
(b) the provision of copies of documents during the transitional period relating to charges recorded in the Charges Register.
A person’s rights under section 23 (1) in relation to documents kept by the Registrar relating to existing charges continue to be exercisable during the transitional period subject to the payment of any fees prescribed by the regulations for the purposes of that subsection.
Subject to this clause, if an existing charge is void under section 266 of the Corporations Act (as applied by section 88 and modified by that section and the regulations immediately before the commencement time), that section (other than section 266 (4)) is taken to continue to apply in relation to the charge.
The Supreme Court may, on such terms and conditions as seem to the Court just and expedient, by order, declare a current registrable charge not to be, and never to have been, void under section 266 of the Corporations Act (as applied by section 88 and modified by that section and the regulations immediately before the commencement time) if—
(a) before the commencement time, the charge is void under that section, and
(b) an application—
(i) is, immediately before the commencement time, pending under section 266 (4) for an extension of the required period, and as at the commencement time, the Court had not made a decision in relation to the application, or
(ii) is made to the Court on or after the commencement time for an order under this clause, and
(c) the Court is satisfied of the matters set out in section 266 (4) as in force immediately before the commencement time.
Subject to Chapter 9 (Transitional provisions) of the PPS Act and subclause (2), existing charges continue on and from the commencement time to have the same priority as between each other as they would have had under this Act as in force immediately before the commencement time.
If an existing charge recorded in the Charges Register becomes a migrated security interest (within the meaning of the PPS Act), the date (if any) recorded in the PPS Register as the date on which the charge was originally registered is taken to be the date on which the charge was originally registered under this Act in the absence of evidence to the contrary.
Compensation is not payable by or on behalf of—
(a) the State or an authority of the State, or
(b) an officer, employee or agent of the State,
for an act or omission that is a charges transitional matter or that arises (directly or indirectly) from a charges transitional matter.
Subclause (1)—
(a) applies only in respect of acts done or omitted to be done in good faith, and
(b) does not apply to acts or omissions that cause personal injury to a person or the death of a person.
In this clause—
(a) the provision of information to the Commonwealth, the PPS Registrar, any other officer of the Commonwealth or any other person for the purpose of assisting the Commonwealth in establishing the PPS Register or of verifying the accuracy of information recorded in the Charges Register,
(b) the administration of this Part or the exercise of functions under this Part.
The power conferred by clause 2 (1) to make regulations of a savings or transitional nature consequent on the enactment of the amending Act extends to the making of regulations of a savings or transitional nature consequent on the enactment of any of the following Commonwealth Acts to the extent that the enactment of the Commonwealth Act affects the operation of this Act—
(a) the Personal Property Securities Act 2009,
(b) the Personal Property Securities (Corporations and Other Amendments) Act 2010,
(c) any other Commonwealth Act that amends the Personal Property Securities Act 2009 or the Corporations Act 2001.
In this Part,
On the repeal day—
(a) the Standards Committee is abolished, and
(b) a person holding office as a member of that Committee ceases to hold that office and is not entitled to compensation because of ceasing to hold that office.
A standard that was in force under section 192 immediately before the repeal day—
(a) continues in force under this Act as if Part 8 of this Act had not been repealed, and
(b) may be amended or repealed by the Minister, by notice published in the Gazette.
(Repealed)
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11. Assented to 15.5.1998. Date of commencement, except cl 7 of Sch 5, Sch 6.1 [1], 6.4, 6.5, 6.8, 6.9, 6.19 and 6.21 [1], 1.9.2000, sec 2 and GG No 112 of 1.9.2000, p 8633; cl 7 of Sch 5, Sch 6.1 [1], 6.4, 6.8 and 6.21 [1] were not commenced and were repealed by the Statute Law (Miscellaneous Provisions) Act 2002 No 53; Sch 6.9 and 6.19 were not commenced and were repealed by the Statute Law (Miscellaneous Provisions) Act 1998 No 54; Sch 6.5 was not commenced and was repealed by the Co-operatives Legislation Amendment Act 1999 No 2. This Act has been amended as follows—
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 2.4, assent, sec 2 (2). | |
No 2 | Co-operatives Legislation Amendment Act 1999. Assented to 31.5.1999. Date of commencement of Sch 4, 1.9.2000, sec 2 and GG No 112 of 1.9.2000, p 8634. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.11, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 52 | Housing Act 2001. Assented to 17.7.2001. Date of commencement, 1.7.2001, sec 2. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2001. Assented to 17.7.2001. Date of commencement of Sch 2.11, assent, sec 2 (2). | |
No 76 | Co-operatives Legislation Amendment Act 2001. Assented to 1.11.2001. Date of commencement, 1.12.2001, sec 2 and GG No 180 of 23.11.2001, p 9334. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 2.8, assent, sec 2 (2). | |
No 26 | Financial Services Reform (Consequential Amendments) Act 2002. Assented to 21.6.2002. Date of commencement of Sch 2.1, assent, sec 2 (1). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 23 | Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008. Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 42 | Residential Tenancies Act 2010. Assented to 17.6.2010. Date of commencement, 31.1.2011, sec 2 and 2010 (658) LW 3.12.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.8 [1]–[2], 30.1.2012, Sch 1.8 and 2011 (662) LW 16.12.2011; date of commencement of Sch 1.8 [3]–[6], assent, Sch 1.8. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.5, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.9, 8.7.2016, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.4, 6.1.2017, sec 2 (1). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 2, 14.1.2018, sec 2 (3). | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2.1, 1.7.2019, sec 2 and 2019 (114), LW 28.2.2019. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). |
Sec 2A | Ins 2018 No 79, Sch 2.1 [1]. |
Sec 3 | Am 1999 No 2, Sch 4 [3] [4]; 2000 No 93, Sch 1.5 [1]; 2001 No 34, Sch 4.11 [1]–[8]; 2001 No 56, Sch 2.11 [1] [2]; 2008 No 23, Sch 3.14 [1]; 2010 No 19, Sch 3.24 [1]; 2016 No 27, Sch 1.9 [1] [2]. |
Sec 4 | Am 2008 No 23, Sch 3.14 [2]; 2010 No 19, Sch 3.24 [2]. |
Sec 5A | Ins 2000 No 93, Sch 1.5 [2]. |
Sec 11 | Am 2001 No 34, Sch 4.11 [9]. |
Sec 12 | Am 2016 No 27, Sch 1.9 [3]. |
Part 1, Div 4 | Subst 2001 No 34, Sch 4.11 [10]. |
Sec 15 | Subst 2001 No 34, Sch 4.11 [10]. |
Sec 16 | Am 2000 No 93, Sch 1.5 [3]. Subst 2001 No 34, Sch 4.11 [10]. Am 2002 No 26, Sch 2.1 [1] [2]. |
Sec 17 | Subst 2001 No 34, Sch 4.11 [10]. |
Sec 18 | Rep 2001 No 34, Sch 4.11 [10]. |
Sec 19 | Am 1999 No 2, Sch 4 [5]; 2016 No 27, Sch 1.9 [4]. |
Sec 20 | Am 1999 No 2, Sch 4 [5] [6]. |
Sec 22 | Rep 1999 No 2, Sch 4 [7]. |
Sec 23 | Subst 1999 No 2, Sch 4 [8]. |
Sec 24 | Am 1999 No 2, Sch 4 [5]. |
Sec 25 | Am 1999 No 2, Sch 4 [6]. |
Sec 27 | Am 2000 No 93, Sch 1.5 [4]; 2013 No 95, Sch 2.38 [1] [2]. |
Sec 28 | Am 1999 No 2, Sch 4 [5] [6] [9]. |
Sec 29 | Am 1999 No 2, Sch 4 [10]–[12]; 2015 No 58, Sch 3.24 [1] [2]; 2022 No 59, Sch 3.15. |
Sec 30 | Am 2016 No 27, Sch 1.9 [5]. |
Sec 40 | Am 1999 No 2, Sch 4 [5] [6]. |
Sec 41 | Am 1999 No 2, Sch 4 [5] [12]. |
Sec 43 | Am 1999 No 2, Sch 4 [5] [13] [14]; 2015 No 58, Sch 3.24 [1]; 2022 No 59, Sch 3.15. |
Part 2, Div 3 | Ins 1999 No 2, Sch 4 [15]. |
Sec 47A | Ins 1999 No 2, Sch 4 [15]. Am 2015 No 58, Sch 3.24 [3]; 2022 No 59, Sch 3.15. |
Sec 47B | Ins 1999 No 2, Sch 4 [15]. |
Sec 50 | Am 2017 No 25, Sch 2.3 [1]–[3]; 2024 No 25, Sch 7.5[1]. |
Sec 55 | Am 2010 No 42, Sch 3.2 [1] [2]. |
Sec 59 | Am 2001 No 52, Sch 1.2 [1]. |
Sec 60 | Am 2001 No 52, Sch 1.2 [2]. |
Sec 62 | Rep 2016 No 27, Sch 1.9 [6]. |
Sec 66 | Am 2017 No 63, Sch 2.2 [1]; 2024 No 25, Sch 1.4. |
Sec 68 | Am 2000 No 93, Sch 1.5 [5]; 2017 No 63, Sch 2.2 [2]; 2024 No 25, Sch 1.4. |
Sec 69 | Am 2017 No 63, Sch 2.2 [3]; 2024 No 25, Sch 1.4. |
Sec 78 | Am 2016 No 27, Sch 1.9 [7]. |
Sec 79 | Am 2024 No 25, Sch 7.5[2]. |
Sec 81 | Am 2001 No 34, Sch 4.11 [11]. |
Sec 84 | Am 1999 No 2, Sch 4 [16] [17]. |
Part 3, Div 6 | Rep 2010 No 119, Sch 1.8 [1]. |
Sec 88 | Am 2000 No 93, Sch 1.5 [6]. Subst 2001 No 34, Sch 4.11 [12]. Rep 2010 No 119, Sch 1.8 [1]. |
Sec 97 | Am 2001 No 34, Sch 4.11 [13]. |
Sec 103 | Am 2008 No 23, Sch 3.14 [3]. |
Sec 105 | Am 1999 No 2, Sch 4 [6]. |
Sec 112 | Am 2017 No 63, Sch 2.2 [4]; 2024 No 25, Schs 5.3[1] [2], 6.8[1]. |
Sec 115 | Am 2017 No 63, Sch 2.2 [4]; 2024 No 25, Sch 6.8[2]. |
Sec 116 | Am 2024 No 25, Sch 5.3[3]. |
Sec 118 | Am 2001 No 34, Sch 4.11 [14]; 2016 No 27, Sch 1.9 [8]. |
Sec 120 | Am 2024 No 25, Sch 5.3[4]. |
Sec 128 | Am 2001 No 76, Sch 2 [1]. |
Sec 129 | Am 2001 No 76, Sch 2 [2]; 2001 No 112, Sch 2.8. |
Sec 132 | Am 2000 No 93, Sch 1.5 [7]; 2016 No 27, Sch 1.9 [9]–[11]. |
Sec 134 | Am 2000 No 93, Sch 1.5 [8]; 2001 No 56, Sch 2.11 [5]; 2016 No 27, Sch 1.9 [12] [13]. |
Sec 135 | Am 2001 No 56, Sch 2.11 [6]. |
Sec 136 | Am 2016 No 27, Sch 1.9 [14]. |
Secs 137, 138 | Am 2016 No 27, Sch 1.9 [8]. |
Sec 139 | Am 2024 No 25, Sch 5.3[5]. |
Sec 140 | Am 1999 No 2, Sch 4 [5] [6]; 2016 No 27, Sch 1.9 [8]; 2024 No 25, Sch 5.3[6] [7]. |
Sec 143 | Am 2001 No 56, Sch 2.11 [6]; 2016 No 27, Sch 1.9 [15]–[17]. |
Sec 144 | Am 2016 No 27, Sch 1.9 [18]. |
Sec 145 | Am 2015 No 15, Sch 1.5. |
Sec 149 | Am 1999 No 2, Sch 4 [5] [6] [18]. |
Sec 152 | Am 1999 No 2, Sch 4 [5]. |
Sec 153 | Am 1999 No 2, Sch 4 [5]; 2024 No 25, Sch 6.8[3]. |
Sec 155 | Am 1999 No 2, Sch 4 [5]. |
Sec 158 | Am 1999 No 2, Sch 4 [5]. |
Part 5, Div 3 (secs 164–172) | Rep 1999 No 2, Sch 4 [19]. |
Sec 173 | Subst 2001 No 34, Sch 4.11 [15]. |
Sec 174 | Subst 2001 No 34, Sch 4.11 [16]. |
Sec 175 | Am 2001 No 34, Sch 4.11 [17]. |
Sec 176 | Am 1999 No 2, Sch 4 [6]; 2000 No 93, Sch 1.5 [5]; 2001 No 34, Sch 4.11 [18]. |
Sec 177 | Subst 2001 No 34, Sch 4.11 [19]. Am 2010 No 119, Sch 1.8 [2]; 2016 No 55, Sch 3.4. |
Sec 178 | Am 2001 No 34, Sch 4.11 [20]. |
Sec 179 | Am 2000 No 93, Sch 1.5 [5]; 2001 No 34, Sch 4.11 [21]. |
Sec 180 | Am 2001 No 34, Sch 4.11 [22]. |
Sec 184 | Am 2024 No 25, Sch 7.5[1]. |
Part 8 | Rep 2016 No 27, Sch 1.9 [19]. |
Sec 191 | Am 1999 No 2, Sch 4 [20]; 2001 No 52, Sch 1.2 [3]; 2015 No 58, Sch 3.24 [4] [5]. Rep 2016 No 27, Sch 1.9 [19]. |
Secs 192–198 | Rep 2016 No 27, Sch 1.9 [19]. |
Sec 199 | Am 1999 No 2, Sch 4 [18]. Rep 2016 No 27, Sch 1.9 [19]. |
Sec 200 | Am 2000 No 93, Sch 1.5 [5]. |
Sec 201 | Am 2024 No 25, Sch 2.3[1]. |
Sec 204 | Am 2024 No 25, Sch 7.5[3]. |
Sec 207 | Am 2001 No 34, Sch 4.11 [23]. |
Sec 214 | Am 1999 No 2, Sch 4 [5]. |
Sec 225 | Am 2000 No 93, Sch 1.5 [9]. |
Sec 228 | Rep 2003 No 82, Sch 3. |
Sch 1 | Am 2016 No 27, Sch 1.9 [20]; 2017 No 25, Sch 1.11 [1] [2]; 2024 No 25, Schs 2.3[2], 3.2[1] [2], 6.8[4], 7.5[4] [5]; 2024 No 82, Sch 3.2; 2025 No 48, Sch 3.2. |
Sch 4 | Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2015 No 58, Sch 3.24 [6]. Rep 2016 No 27, Sch 1.9 [21]. |
Sch 5, heading | Am 2010 No 119, Sch 1.8 [3]. |
Sch 5 | Am 1999 No 2, Sch 4 [21] [22]; 2002 No 53, Sch 3; 2010 No 119, Sch 1.8 [4]–[6]; 2016 No 27, Sch 1.9 [22]; 2018 No 79, Sch 2.1 [2]. |
Sch 6 | Am 1998 No 54, Sch 2.4; 1999 No 2, Sch 4 [23]; 2002 No 53, Sch 3. Rep 2003 No 82, Sch 3. |
The whole Act | Am 1999 No 2, Sch 4 [1] (“FINCOM” omitted wherever occurring, “the Registrar” or “The Registrar” inserted instead). |
Headings in the Act (and so much of the Act as consists of references to headings in the Act) | Am 1999 No 2, Sch 4 [2] (“FINCOM” omitted wherever occurring, “Registrar” inserted instead). |
The whole Act | Am 2001 No 56, Sch 2.11 [3] (“profit and loss account” omitted wherever occurring, “statement of financial performance” inserted instead). |
The whole Act | Am 2001 No 56, Sch 2.11 [4] (“balance sheet” omitted wherever occurring, “statement of financial position” inserted instead). |
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