Co-operative Housing Societies Act 1958 (Vic)

Version No. 099

Co-operative Housing Societies Act 1958

No. 6226 of 1958

Version incorporating amendments as at

1 September 2023

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeal Schedule

3Definitions

3AConstruction of references to Commission

Part I—General

4Formation and registration of co-operative housing societies

4ASocieties excluded from Corporations legislation

5Objects of society

6Power of society to raise money on loan

Part II—Incorporation of societies

Division 1—Registration, &c.

7Liability and membership

8Formation and registration of society

9As to names of societies

10Certificate of incorporation as evidence

Division 2—Mergers and transfers of engagements

11Application for merger or transfer of engagements between societies

12Registrar may register merged society

13Certificate confirming transfer of engagements between societies

14Registrar may direct a transfer of engagements between societies

15Society to comply with direction

16Day on which transfer of engagements takes effect

17Effect of merger

18Effect of transfer of engagements

18AReferences to documents

Division 3—Members and funds

24Members of societies

25Capital and shares

26Liability of members

27Cancellation of shares

28Society's charge on shares

29Payment of sum due on unadvanced shares without probate

Division 4—Privileges, powers, and duties

30Society to be a body corporate

31Exemption from fees

32Acquisition of property

33Raising loans

33ASociety may act as trustee or agent

34As to advances by societies

35Contracts by society

36As to name and address of society

37Service of documents on society

38Effect of rules

39Registers and accounts

40Inspection of registers etc.

41Returns

42Charges

43No voting by proxy

44Special resolution

Division 5—Quarterly returns and reports

44AQuarterly returns by society

44BAuditor to submit report

Division 6—Directions of Registrar

44CIntervention by the Registrar

Division 7—Supervision levy

44CAIndustry Supervision Fund

44DSupervision levy

Part III—Rules, management, &c.

Division 1—Rules

45Model rules

46Rules of a society

47Alteration of rules

Division 2—Management

48Board of directors

49Appointment of director by Treasurer in certain cases

49AAppointment of administrator

50Annual meeting

51Voting by members

52Minutes

53Officers

54Certain dealings by directors prohibited

55Dismissal of director after inquiry in certain cases

56Audit

57Financial year

Division 3—Valuations

58Valuations of property to be made by sworn or affirmed valuators

Division 4—Winding up, &c.

59Winding up voluntarily or by court

60Liability of members and past members in winding up

Part IV—Administration

Division 1—Registry

62Employment of Registrar

62ARegistrar's functions

62BDelegation by Registrar

63Documents to be kept in office of registrar

64Payments to be made for giving of information

65Power to registrar to require evidence

66Inspection of books

67Special general meeting or inquiry

68Inquiry by registrar or inspector

69Powers of registrar or inspector upon inquiry

70Public office of Registrar and inspection of documents

70APower of Registrar to reject documents etc.

Division 1A—Examiners

71AAppointment of examiners

71BPowers of examiners

71COffences in relation to examiners

Division 2—Co-operative Housing Societies Advisory Committee

72The Committee

72AFunctions of Committee

Division 3—General

72BSecrecy

Part V—Government guarantees and indemnities

Division 1—Guarantees

73Treasurer's guarantees

74Provisions relating to guarantees

75Aggregate liability under guarantees

75AExecution of guarantees and entering into of agreements

Division 2—Indemnities

76Treasurer's indemnity against loss

77Aggregate liability under indemnities

77AEntering into of agreements

Part VI—Miscellaneous

Division 1—Evidence

78Certificates

79Rules

80Registers

81Minutes

82Entries in books

83Saving

Division 2—Offences

84Failure to display name, keep rules, give returns or information

85Acting as director after office vacated

86Carrying on unlawful business

87Carrying on business with too few members

88Using wrong name

89Improper sealing

90Taking money before registration

91False copies of rules

92False entries

93Imposition and misapplication of moneys

94Improper commissions

95General penalties

96Recovery of fines, penalties

97Civil remedies in case of contravention

Division 3—Regulations

98Regulations

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 099

Co-operative Housing Societies Act 1958

No. 6226 of 1958

Version incorporating amendments as at

1 September 2023

An Act to consolidate the Law relating to the Formation Registration and Management of Co-operative Housing Societies and to the Making by the Treasurer of Victoria of Certain Guarantees and Indemnities in connexion with such Societies, and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Co-operative Housing Societies Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeal Schedule

(1)The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any rule regulation report notice requirement order fee application registration alteration of rules amalgamation statement election certificate transfer charge acquisition loan advance mortgage agreement return security valuation recommendation guarantee indemnity proceeding penalty liability or right made issued given paid accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act, nor shall such repeal affect the operation or effect of subsection (3) or subsection (4) of section two or of subsection (2) of section four of the Co-operative Housing Societies Act 1949, or of subsection (8) of section eighty-three of the Co-operation Act 1953.

3Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

board means the board of directors of a society;

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co-operative housing society means a society of persons—

(a)which is formed for all or any of the objects referred to in section five of this Act;

(b)which has under its rules a share capital divided into equal shares of one or more classes and not being preferential shares; and

(c)which under its rules is to terminate on a specified date or when a specified object is attained or a specified event occurs—

but does not include a Starr-Bowkett society, that is to say, a society in which the order of advances to members is determined either solely or partly by the drawing of lots;

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domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

officer, in relation to a society, includes director, secretary, or other person empowered under the rules to act or give directions in regard to the business of the society;

Part means Part of this Act;

police officer has the same meaning as in the Victoria Police Act 2013;

preferential shares includes any shares or classes of shares in a society (by whatever name they may be described) entitled—

(a)to a fixed rate of dividend;

(b)to any other right to participate in the profits or assets of the society; or

(c)to any other rights whatsoever—

in preference to any other shares or class of shares in that society or to any of the rights attaching thereto or which entitle the holders to any other preference whatsoever in respect of the payment of dividends, interest, rebates or bonuses or upon the winding up or dissolution of the society or otherwise;

prescribed means prescribed by this Act or the regulations or (where the case so requires) by the rules;

Registrar means the Registrar of Co-operative Housing Societies referred to in section 62;

regulations means regulations made under this Act;

rules means rules of a society for the time being in force;

society means co-operative housing society;

spouse of a person means a person to whom the person is married;

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valuer means a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation ofLand Act 1960.

(2)In this Act—

(a)any reference to land or freehold property shall be deemed to include a reference to a residence area within the meaning of the Land Act 1958;

(b)any reference to the ownership of land or freehold property or to the owner thereof shall be deemed to include a reference to the right to occupy such a residence area or (as the case may be) to the holder of such a right;

(c)any reference to a mortgage of land or freehold property shall be deemed to include a reference to an encumbrance, by way of security, of the right to occupy such a residence area; and

(d)any reference to the registration of a mortgage of land or freehold property shall be deemed to include a reference to the registration, pursuant to regulations made under the said Act, of an encumbrance of the right to occupy such a residence area:

Provided that, in the making of a valuation of a residence area for any of the purposes of this Act, regard shall be had—

(i)to the limited nature of the tenure of such residence area as provided in the said Act;

(ii)to the restrictions imposed by or under the said Act upon the occupation and user thereof; and

(iii)to the fact that under the said Act the holder of the right to occupy such area may become the owner in fee simple of the land comprised therein only upon compliance with the conditions provided in the said Act including the payment of a purchase price of such land to be determined by the Minister administering Division 11 of Part 1 of the Land Act 1958.

(3)In this Act—

(a)any reference to land or freehold property shall be deemed to include a reference to a licence to occupy land for residence purposes granted pursuant to section one hundred and thirty-eight of the Land Act 1958;

(b)any reference to the ownership of land or freehold property or to the owner thereof shall be deemed to include a reference to the right granted by such a licence or (as the case may be) the holder of such a licence;

(c)any reference to a mortgage of land or freehold property shall be deemed to include a reference to a lien, by way of security, on the improvements upon any land in respect of which such a licence is in force; and

(d)any reference to the registration of a mortgage of land or freehold property shall be deemed to include a reference to the registration, pursuant to regulations made under the said Act, of a lien on improvements as referred to in paragraph (c) of this subsection:

Provided that in the making of a valuation of such a licence as aforesaid for any of the purposes of this Act, regard shall be had—

(i)to the limited nature of the right granted by such licence as provided in the said Act;

(ii)to any restrictions imposed by or under the said Act upon the occupation and user of the land to which the licence relates; and

(iii)to the fact that under the said Act the holder of the licence may purchase the land to which the licence relates only in accordance with the provisions of the said Act and at a price to be determined by the Minister administering section 138 of the Land Act 1958.

(4)In this Act and in any regulation made thereunder (whether before or after the commencement of this Act) and in the rules of every society (whether registered before or after the said commencement) any reference, however expressed, to the erection of a dwelling-house on any land shall be deemed to include and always to have included a reference to—

(a)the constructing forming levelling draining paving flagging macadamizing or otherwise making good of any portion or portions of the streets or roads abutting upon the land upon which the dwelling-house is or will be erected;

(b)the curbing flagging paving or asphalting of any portion or portions of the footways or pathways abutting upon any such land;

(c)the supplying installing and connecting of sewerage fittings and connexions to the dwelling-house;

(d)the provision of drainage for the land (whether or not wholly upon the land);

(e)the completing of the erection of the dwelling-house notwithstanding that the foundations footings framework or other portions thereof had already been constructed or commenced; and

(f)the adding of one or more rooms out-buildings or other permanent improvements to a dwelling-house in respect of which an advance had previously been made by the society in question—

and any reference, however expressed, in this Act or in any rules registered or regulations made thereunder after the commencement of the Co‑operative Housing Societies Act 1948 to the making of an advance for the purchase of any land on which a dwelling-house is situated shall be deemed to include a reference to the making of an advance or any part of an advance for the carrying out of all or any of the acts matters and things referred to in paragraphs (a) to (f) of this subsection in relation to the land and house purchased.

(5)In this Act—

(a)any reference to the purchase of land on which is situated a dwelling-house shall, without limiting the generality of that expression, include a reference to the purchase of a stratum estate within the meaning of the Transfer of Land Act 1958 or a lot on a registered plan of subdivision within the meaning of the Subdivision Act 1988, being a residential flat (hereinafter called a stratum estate);

(b)any reference to the making of advances upon the security of freehold property shall include a reference to the making of an advance upon the security of a mortgage of a stratum estate.

(6)For the purposes of the definition of domestic partner in section 3(1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

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(8)A society may make an advance upon the security of a mortgage on a stratum estate notwithstanding that a charge to the service company takes priority over that mortgage and notwithstanding any provision of this Act or of the rules of the society to the contrary.

(9)In subsection (5) of this section residential flat means a part or parts of a building which part or parts is or are designed and intended for use as a separate dwelling-house for a single family unit and the appurtenance thereto.

3AConstruction of references to Commission

A reference in this Act or the Regulations or in any instrument made for the purposes of this Act to the Victorian Financial Institutions Commission is to be construed as a reference to the Registrar, unless a contrary intention appears.

PART I—GENERAL

4Formation and registration of co-operative housing societies

(1)No co-operative housing society shall carry on business unless it is formed and registered under this Act.

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4ASocieties excluded from Corporations legislation

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—

(a)a co-operative housing society;

(b)securities of a co-operative housing society.

Note

This section ensures that neither the Corporations Act nor Part 3 of the ASIC Act will apply in relation to a co‑operative housing society or securities of a co-operative housing society. 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, then that legislation will not apply in relation to that matter in the State concerned. However, other provisions of this Act apply certain provisions of the Corporations legislation to co-operative housing societies as laws of this State.

5Objects of society

(1)A co-operative housing society may be formed for all or any of the following objects—

(a)to enable each of its members—

(i)to purchase land and to erect a dwelling-house thereon; or

(ii)to erect a dwelling-house on land already owned by him; or

(iia)to erect a dwelling-house on Crown land leased by him for a term of not less than 50 years being Crown land within an area approved by the Governor in Council for the purposes of this Act;

(iii)subject to section thirty-four of this Act to purchase land upon which is situated a dwelling-house; or

(iiia)to maintain and keep in proper repair his dwelling-house; or

(iv)where the approval of the Governor in Council given after consideration of a report by the registrar is first obtained—to discharge a mortgage held by another society upon any land; or

(v)to discharge a mortgage or any other charge or security over or affecting any land which mortgage charge or security was granted or executed by the member in question in anticipation of the society's making an advance to him and with the approval of the registrar to the making of the advance; and

(b)for all or any of those purposes to make advances to its members upon the security of freehold property or a lease for a term of not less than 50 years of Crown land within an area approved by the Governor in Council for the purposes of this Act.

(2)In this section purchase includes the completion of a purchase under an existing contract of sale and the discharge of a mortgage within the meaning of the Sale of Land Act 1962, given to a vendor or other person pursuant to the provisions of section four of that Act.

6Power of society to raise money on loan

(1)A society may, subject to this Act and its rules, raise money on loan or in accordance with section 33(1A) for the objects of the society.

(2)Subsection (1) does not apply to section 33(1B), (1C) or (1D).

PART II—INCORPORATION OF SOCIETIES

Division 1—Registration, &c.

7Liability and membership

(1)A society shall be formed with limited liability.

(2)Unless otherwise provided by the rules, any person who is not under the age of sixteen years shall subject to this Act be eligible to be a member of a society.

(3)A member of a society shall not at any time be entitled on any ground relating to his minority or former minority to avoid any of his obligations or liabilities as a member of the society or under any mortgage given by him to the society.

(4)No person shall at any one time be a member of more than one society unless—

(a)before becoming a member of each society (other than the one of which he is first a member) he obtains the consent in writing of the registrar; and

(b)all societies of which he is a member have the same registered office:

Provided that in the case of a person who was lawfully a member of two societies before the commencement of the Co-operative Housing Societies Act 1950 nothing in this subsection shall be deemed—

(a)to require any consent of the registrar to his membership of either such society; or

(b)to render his membership of either such society unlawful:

Provided further that nothing in this subsection shall apply to or in respect of any person becoming or being registered as the holder of shares in any society as executor or administrator of a deceased member or as the trustee within the meaning of the Commonwealth Act known as the Bankruptcy Act 1966 as amended from time to time of the estate of a member or deceased member.

8Formation and registration of society

(1)A society may be formed by any five or more persons who are not under the age of eighteen years and who are eligible under this Act and the rules as later approved and registered to be members of the society.

(2)No society shall be registered unless there has been a meeting at which there have been present five or more such persons.

(3)At the meeting there shall be presented—

(a)a written statement showing the objects of the society and the reasons for believing that, when registered, it will be able to carry out its objects successfully; and

(b)a copy of the rules which it is proposed to tender for registration.

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(5)If at the same or any subsequent or adjourned meeting, after consideration of the statement and rules, five or more such persons as aforesaid approve the rules with or without amendment and sign an application for membership, they shall proceed to elect the first directors of the society in accordance with the rules as so approved.

(6)Within two months after the election of directors an application shall be made in the prescribed manner to the registrar for the registration of the society and shall be accompanied by—

(a)a statutory declaration or statutory declarations by the persons who acted as chairman and secretary of the meeting as to compliance with the requirements of this section;

(b)a copy of the statement presented to the meeting;

(c)two copies of the proposed rules signed by not less than five applicants for membership, each of whose signatures shall be attested by a witness;

(d)a list containing the full name and the occupation and address of each director;

(e)a list containing the full name and the occupation and address of each applicant for membership and the number of shares subscribed for by him; and

(f)such other particulars as are prescribed by regulation:

Provided that where before the expiration of the said period of two months a request in writing for the extension of that period is lodged with the registrar and the registrar is satisfied that circumstances beyond the control of the society have precluded and will preclude the making of the application for registration within the said period of two months, the registrar may if he thinks fit by writing extend the period for the making of the application by such further period (not exceeding one month) as he thinks proper, and in any such case the making of the application within such further period shall be deemed and taken to be in compliance with the provisions of this Act.

(7)The statutory declaration or statutory declarations mentioned in subsection (6) of this section may be accepted by the registrar as sufficient evidence of compliance with the requirements of this section.

(8)If the registrar is satisfied that the society has complied with the provisions of this Act and the regulations, that the proposed rules of the society are not contrary to this Act or to the regulations and are suitable and sufficient for the purposes of the society, and that there are reasonable grounds for believing that the society will be able to carry out its objects successfully, the registrar may register the society and its rules and issue a certificate in the prescribed form to the effect that the society is incorporated under this Act.

(9)The expenses of and incidental to the formation of the society may be paid either out of capital or out of income.

9As to names of societies

(1)A society may not be registered by a name identical with that by which a society is already registered, or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the Registrar is calculated to deceive.

(2)If a society through inadvertence or otherwise is registered by a name identical with that by which a society is already registered, or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the registrar to be calculated to deceive, the society shall, if the registrar so directs, change its name.

(3)A society may change its name by special resolution if the new name is not identical with that of any society previously registered and still subsisting or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the Registrar is calculated to deceive unless the society or body corporate is in course of being wound up and consents in writing to the registration.

(4)Notice in writing of any change of name, together with the certificate of incorporation, shall be sent to the registrar within such time after the passing of the special resolution as is prescribed.

(5)The registrar shall register the change of name, and shall either note the change on the certificate of incorporation or issue a new certificate of incorporation in lieu thereof in the prescribed form.

(6)The change of name shall be advertised as prescribed.

(7)The change of name shall not affect the identity of the society or any right or obligation of the society or of any member or other person, or render defective any legal proceedings by or against the society.

(8)Any legal proceedings that might have been continued or commenced against the society by its former name may be continued or commenced against it by its new name.

10Certificate of incorporation as evidence

A certificate of incorporation under this Act shall be conclusive evidence that all the requirements of this Act in respect of registration and matters precedent or incidental thereto have been complied with:

Provided that nothing in this section shall affect any provision of this Act relating to the winding up or dissolution of the society or the cancellation of its registration.

Division 2—Mergers and transfers of engagements

11Application for merger or transfer of engagements between societies

(1)If 2 or more societies propose to consolidate all or any of their assets, liabilities and undertakings by way of merger, or transfer of engagements, the societies may, after complying with this section, apply for the registration of the merger, or transfer of engagements.

(2)The proposed merger, or transfer of engagements, must have been approved by a special resolution of each society involved unless the Registrar has determined that it may be approved by the society's board.

(3)A society that is to approve the proposed merger, or transfer of engagements, by special resolution must send to each of its members a statement approved by the Registrar specifying—

(a)the financial position of each of the societies as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement; and

(b)any interest that any officer of any of the societies has in the proposed merger, or transfer of engagements; and

(c)any compensation or other consideration proposed to be paid, or any other incentive proposed to be given, to any officer or member of a society in relation to the proposed merger, or transfer of engagements; and

(d)whether the proposal is a merger, or transfer of engagements and the reason for the merger, or transfer of engagements; and

(e)the effect of the merger or transfer of engagements on entitlements and liabilities of members; and

(f)in the case of a merger—

(i)subject to section 9, the proposed name of the merged society;

(ii)the proposed address of the office of the merged society;

(iii)the proposals for the management and control of the business and operations of the merged society, pending election of a board of directors;

(iv)the proposed rules of the merged society;

(g)any other matter specified by the Registrar.

(4)The statement mentioned in subsection (3) must be sent to the members of the society so that it will, in the ordinary course of post, reach each member who is entitled to vote on the special resolution not less than 21 days before the date of the meeting at which the resolution is to be decided.

(5)The Registrar may exempt a society from having to comply with subsection (3).

(6)The Registrar may grant an exemption, or approve a statement, subject to any conditions it considers appropriate.

(7)An application for the registration of a merger or transfer of engagements under this Division must be made in the way and form required by the Registrar.

(8)An application for a proposed merger must be accompanied by 2 copies of the proposed rules of the merged society and any other particulars required by the Registrar.

12Registrar may register merged society

(1)If, in relation to an application under this Division by societies for registration of a proposed merger, the Registrar is satisfied that—

(a)the societies involved have complied with section 11; and

(b)the proposed rules of the merged society are adequate; and

(c)each authorised deposit-taking institution or other person (if any) in whose favour a guarantee under Part V is in force in relation to the societies consents to the merger;

(d)the certificates of incorporation of the societies involved in the merger have been surrendered to the Registrar; and

(e)there is no good reason why the merged society and its rules should not be registered—

the Registrar must—

(f)register the merged society; and

(g)register its rules; and

(h)cancel the registration of the societies involved in the merger.

(2)On registering the merged society, the Registrar must issue a certificate of incorporation to the society.

(3)A merger takes effect on the issue of the certificate of incorporation under subsection (2).

13Certificate confirming transfer of engagements between societies

(1)If, in relation to an application under this Division by societies for registration of a proposed transfer of engagements, the Registrar is satisfied that—

(a)the societies involved have complied with section 11; and

(b)the rules, or proposed rules, of the transferee society are adequate; and

(c)the certificate or certificates of incorporation of the transferor society or societies has or have been surrendered to the Registrar; and

(d)each authorised deposit-taking institution or other person (if any) in whose favour a guarantee under Part V is in force in relation to the societies consents to the transfer;

(e)there is no good reason why the transfer of engagements should not take effect;

the Registrar must—

(f)issue a certificate confirming the transfer of engagements; and

(g)cancel the registration of the transferor society or societies.

(2)A transfer of engagements takes effect on the issue of the certificate of the Registrar under subsection (1).

14Registrar may direct a transfer of engagements between societies

(1)The Registrar may, by written notice given to a society, direct it to transfer its engagements to another society if the board of the other society has, by resolution, consented to the proposed transfer.

(2)The Registrar must give a copy of the direction to the other society.

(3)The Registrar must not direct a society to transfer its engagements under this section unless—

(a)the Registrar is of the opinion that—

(i)the society has contravened this Act or the society's 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 the rules; or

(ii)the society is trading unprofitably or has a deficiency in its net tangible asset position; or

(iii)the affairs of the society are being conducted in an improper or financially unsound way; or

(b)after making such inquiries in relation to one or both of the societies as the Registrar considers appropriate, the Registrar is satisfied that it is in the interest of members or creditors of the society that is to be directed to transfer its engagements; or

(c)the Registrar has certified, in relation to the society, that any of the events mentioned in section 49A(17)(a), (b), (c), (d) or (f) has happened.

15Society to comply with direction

(1)A society must take all reasonable steps to comply with a direction under this Division to transfer its engagements.

Penalty:200 penalty units.

(2)An officer of a society must not—

(a)fail to take all reasonable steps to secure compliance by the society with a direction to transfer its engagements; or

(b)by a wilful act or omission, be the cause of a failure by the society to comply with a direction to transfer its engagements.

Penalty:200 penalty units.

16Day on which transfer of engagements takes effect

(1)The society directed to transfer its engagements, and the society the board of which has consented to the transfer, must apply to the Registrar for a certificate confirming the transfer—

(a)within the time specified in the direction; and

(b)in the way and form required by the Registrar.

(2)Unless the Registrar is satisfied that there is good reason for refusing the application, the Registrar must issue a certificate confirming the transfer of engagements.

(3)The transfer of engagements takes effect on the issue of the certificate under subsection (2).

(4)The society directed to transfer its engagements must surrender its certificate of incorporation to the Registrar and the Registrar must cancel the registration of the society.

17Effect of merger

On a merger of societies under this Division taking effect—

(a)the members of the societies that are parties to the merger become members of the merged society; and

(b)the property of the societies that are parties to the merger vests in the merged society without any conveyance, transfer or assignment; and

(c)any property vested in a merged society under this section remains subject to any debt, liability or obligation affecting the property; and

(d)all debts and liabilities of the societies that are parties to the merger, are debts and liabilities of the merged society; and

(e)in all documents (including, for example, a contract to which a society that is a party to the merger was a party), a reference to a society that was a party to the merger is a reference to the merged society.

18Effect of transfer of engagements

On a transfer of engagements under this Division taking effect, the following provisions apply to the extent necessary to give effect to the transfer—

(a)persons who were members of a transferor society immediately before the transfer of engagements took effect are members of the transferee society in accordance with its rules;

(b)property of a transferor society that was such immediately before the transfer took effect vests in the transferee society without any conveyance, transfer or assignment;

(c)any property vested in a transferee society under this section remains subject to any debt, liability or obligation affecting the property;

(d)the debts and liabilities of a transferor society immediately before the transfer of engagements took effect are debts and liabilities of the transferee society;

(e)in all documents (including, for example, a contract to which the transferor society was a party), a reference to the transferor society is a reference to the transferee society.

18AReferences to documents

A reference in section 17(e) or 18(e) to a document includes a reference to a document created or amended before the commencement of section 9 of the Financial Institutions Legislation (Amendment) Act 1997 in which there is a reference to a society that was a party to a merger on or after 1 July 1992 or to a transfer of engagements on or after that date.

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Division 3—Members and funds

24Members of societies

(1)The members of a society which is formed under this Act shall be the persons who sign the application for membership on the formation of the society, and any other persons who are admitted to membership in accordance with this Act and the rules of the society.

(2)No rights of membership shall be exercised by any member until he has made such payment to the society in respect of membership or acquired such share or interest as is provided in the rules of the society in that behalf.

(3)A person shall cease to be a member in any of the following circumstances, that is to say—

(a)where his shares are transferred to another person in accordance with the rules of the society, and the transferee is registered as holder in his place;

(b)where his shares are forfeited in accordance with the rules of the society;

(c)where any power of sale (whether expressed or implied) in any mortgage given by the member to the society is exercised by the society;

(ca)where the mortgage given by the person to the society is assigned or transferred by the society (unless there is another mortgage given by the person);

(d)where he becomes bankrupt or insolvent under any law relating to bankruptcy or insolvency and the official receiver or assignee disclaims in accordance with the provisions of such law;

(e)on death:

Provided that the estate of the deceased person shall remain liable and his executor or administrator shall be and may be registered as the holder of the shares as such executor or administrator (whether eligible to be a member of the society or not) until some eligible person is registered as the holder of the shares by transfer from the executor or administrator or until the shares are withdrawn or discharged in accordance with this Act and the rules of the society, and while any such executor or administrator is so registered he shall be deemed to be and shall have the rights and obligations of a member of the society for all purposes other than voting at meetings of the society and becoming a director thereof;

(f)where the contract of membership is rescinded on the ground of misrepresentation or mistake;

(g)where he ceases to be a member in accordance with the rules of the society;

(h)where the value of his shares is repaid or a refund in respect of his subscriptions is made to him in accordance with the rules of the society.

(4)Where shares are held by the executor or administrator of a deceased member, the Board may in its discretion by notice in writing to the executor or administrator call upon him to transfer the shares to an eligible person or to withdraw or discharge the shares within six months after receipt of the notice or within such further time as the Board may in any particular case allow, and unless the shares are so transferred withdrawn or discharged they may at the discretion of the society be forfeited and dealt with as forfeited shares in accordance with this Act and the rules of the society.

(5)Where a person becomes the trustee within the meaning of the Commonwealth Act known as the Bankruptcy Act 1966 as amended from time to time of the estate of a member or deceased member the trustee may be registered as the holder of the shares of the member as such trustee (whether eligible to be a member of the society or not) until some eligible person is registered as the holder of the shares by transfer from the trustee or until the shares are withdrawn or discharged in accordance with the provisions of this Act and the rules of the society and while the trustee is so registered he shall be deemed to be and shall have the rights and obligations of a member of the society for all purposes other than voting at meetings of the society and becoming a director thereof.

25Capital and shares

(1)The capital of a society shall vary in amount according to the nominal value of shares from time to time subscribed.

(2)The capital shall be divided into shares of a fixed amount which shall be specified in the rules and the shares may be shares of one or more classes as are specified in the rules; and no preferential shares may be issued or allotted.

(3)In every society the rules shall provide that an advance is to be made to a member only on condition that the member subscribes for shares of a nominal value equivalent to the amount of the advance.

(4)Any balance unpaid in respect of shares at the time of allotment shall be paid by periodic subscriptions or in such manner as is specified in the rules.

(5)No member shall hold more than such proportion of the shares in a society as is prescribed by the rules.

(6)A member shall subscribe for such minimum number of shares as is prescribed by the rules.

(7)A share may be held by two or more persons jointly and, in such case, notices for the purposes of the society may be given to the joint holder whose name appears first on the register of shares in respect of the share.

(8)A share may not be sold or transferred without the consent of the board.

26Liability of members

(1)A member shall be liable to the society for the amount, if any, unpaid on the shares held by him, together with any charges and other moneys payable by him to the society as prescribed by this Act or the rules of the society.

(2)Where, under or in relation to any contract or policy of life insurance or similar contract in a form approved by the registrar after consideration of a report thereon from the Government Statist, or by virtue of any legal or equitable assignment of or trust created in respect of any such contract or policy, or pursuant to any scheme relating to life insurance approved by the registrar after consideration of such a report, provision is made whereby, in the event of the death of a member of a society to whom the contract policy or scheme applies or in the event of the death of a member's spouse or domestic partner to whom the contract policy or scheme applies, moneys will be available for or towards the discharge of the member's liability to the society, then the society shall be empowered—

(a)to receive from any such member, at such times as are agreed upon by the member and the society, the amount of each periodical premium or contribution payable by him in respect of the contract or policy or pursuant to the scheme; and

(b)to pay or otherwise deal with each such amount in such manner as the contract policy or scheme requires or allows; and

(c)if the member defaults in payment of any such amount at the agreed time—

(i)to make payment thereof pursuant to the contract policy or scheme on his behalf or to take such other action as the contract policy or scheme requires or allows; and

(ii)to recover from the member any amount in respect of which the member has made default as aforesaid—

and any amount so recoverable shall until paid be a debt due to the society by the member and the provisions of this Act shall apply in relation thereto accordingly. The society may make either by itself or in conjunction with any other society or societies any contract or arrangement relating to or connected with the carrying into effect of this subsection and may carry out any such contract or arrangement.

(3)Where, under or in relation to any contract or policy of accident or sickness insurance or similar contract in a form approved by the registrar after consideration of a report thereon from the Government Statist, or by virtue of any legal or equitable assignment of or trust created in respect of any such contract or policy or pursuant to any scheme relating to accident or sickness insurance approved by the registrar after consideration of such a report, provision is made whereby in the event of any accident to or sickness of a member of a society to whom the contract policy or scheme applies or in the event of any accident to or sickness of a member's spouse or domestic partner to whom the contract policy or scheme applies moneys will be available for or towards the discharge of the member's liability to the society, then the society shall be empowered—

(a)to receive from any such member, at such times as are agreed upon by the member and the society, the amount of each periodical premium or contribution payable by him in respect of the contract or policy or pursuant to the scheme; and

(b)to pay or otherwise deal with each such amount in such manner as the contract policy or scheme requires or allows; and

(c)if the member defaults in payment of any such amount at the agreed time—

(i)to make payment thereof pursuant to the contract policy or scheme on his behalf or to take such other action as the contract policy or scheme requires or allows; and

(ii)to recover from the member any amount in respect of which the member has made default as aforesaid—

and any amount so recoverable shall until paid be a debt due to the society by the member and the provisions of this Act shall apply in relation thereto accordingly. The society may make either by itself or in conjunction with any other society or societies any contract or arrangement relating to or connected with the carrying into effect of this subsection and may carry out any such contract or arrangement.

27Cancellation of shares

A society may cancel any share purchased by or forfeited to the society in accordance with the rules of the society.

28Society's charge on shares

A society shall have a charge upon the share or interest in the capital of a member or past member in respect of any debt due from the member or past member to the society, and may set off any sum credited or payable to a member or past member in or towards payment of the debt.

29Payment of sum due on unadvanced shares without probate

Notwithstanding anything to the contrary in the rules of any society, where a member of a society to whom an advance has not been made dies and upon the withdrawal of his shares there is payable by the society a sum not exceeding $400, then the society may—

(a)after the expiration of two months from the death of the said member if probate or letters of administration have not been produced to the secretary and notice in writing of intention to apply therefor has not been received by the secretary; or

(b)after the expiration of three months from the death of the said member if such notice of intention to apply has been received by the secretary within the period of two months from the death but probate or letters of administration have not been produced to the secretary—

pay the said sum to the person or persons appearing to the directors to be entitled thereto according to law as on the intestacy of the deceased member and any such payment shall be valid and effectual with respect to any demand against the society or the directors by any other persons as the said member's next of kin legatees or personal representatives, but such next of kin legatees or personal representatives shall nevertheless have the right to recover the whole or any portion of any such sum so paid from the person or persons who have received the same from the society.

Division 4—Privileges, powers, and duties

30Society to be a body corporate

A society shall be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and shall have power to enter into contracts, to institute and defend actions suits and legal proceedings, and to do all things necessary for the purpose of its constitution.

31Exemption from fees

No fee shall be chargeable for the registration of a society or of its rules or of any alteration of its rules.

32Acquisition of property

(1)A society may acquire by lease purchase donation devise bequest or otherwise any real or personal property for any objects of the society and may sell or lease any such real or personal property.

(2)A society may if authorized in writing by the registrar become a member of a society registered under the Co-operation Act 1958 and may with the approval of the registrar take such shares and make any other investment in any such society as the registrar approves.

33Raising loans

(1)With the approval of the registrar a society may raise money on loan in such manner as it thinks fit, and in particular, without limiting the generality of the foregoing, by legal or equitable mortgage charged upon the undertaking of the society or upon all or any part of the property and rights (both present and future) of the society, including its unpaid capital, subscriptions, payments in respect of advances and other moneys.

(1A)With the approval of the registrar, a society may raise money—

(a)by granting a right, entitlement or interest in or in respect of; or

(b)by the transfer or assignment of—

its interest under a mortgage of freehold land.

(1B)With the approval of the registrar and subject to such conditions as the registrar determines, a society may assign or transfer its interest under a mortgage of freehold land for the purpose of—

(a)raising money for the repayment by the society in whole or in part of any loan made to the society; or

(b)extinguishing the loan.

(1C)A society must, if the registrar so directs, assign or transfer its interest under a mortgage of freehold land for a purpose referred to in subsection (1B).

(1D)The registrar must not give a direction under subsection (1C) unless satisfied that the assignment or transfer would not disadvantage the members of the society.

(1E)Upon the assignment or transfer under subsection (1B) or (1C) of a mortgage given by a member to a society—

(a)the shares of the member in the society related to the mortgage are cancelled; and

(b)the member ceases to be a member by reason of that mortgage;

(c)the amount owing by the member under or in respect of the mortgage is reduced by the amount (if any) paid up in respect of the shares.

(2)A society shall not be authorized to receive money on deposit.

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(4)Except as may be provided in any agreement made in relation to a guarantee executed by the Treasurer of Victoria under this Act, no person lending money to a society shall be bound to see to the application thereof or be in any way affected or prejudiced by the fact that such society in borrowing such money has contravened the provisions of this or any other section of this Act or the rules of the society.

(5)Where the Treasurer of Victoria pursuant to Division one of Part V of this Act executes a guarantee in favour of any authorised deposit-taking institution or approved body guaranteeing the repayment of any loan to be made by such authorised deposit-taking institution or approved body to any society registered under this Act, then notwithstanding anything to the contrary in any Act or in any memorandum or articles of association or rules, such authorised deposit-taking institution or approved body shall be deemed to be empowered to make such loan out of any funds held by it which it is authorized to invest and in respect of which investment on loan as aforesaid is not specifically prohibited by the terms of any trust governing such funds.

(6)Any mortgage given as security for any money raised on loan by a society under the powers conferred by this section may within thirty days after its execution be registered by filing in the office of the registrar a true copy thereof verified by statutory declaration.

(7)The registrar shall cause to be entered in a register to be kept by him for the purpose short particulars (including the names of the parties and the consideration) of every copy mortgage so filed with him with a memorandum of the date hour and time at which each of them is so filed, and that date hour and time shall in the case of each mortgage be the date hour and time of registration.

(8)The registrar may at any time, upon evidence being given to his satisfaction that the debt for which any registered mortgage was given has been paid or satisfied, or that a discharge of mortgage as to the whole or any part of the property mortgaged has been executed, cause a memorandum to that effect to be entered in the register.

(9)The register so kept and every copy mortgage filed as aforesaid shall be open to inspection at the office of the registrar by any person on payment of the prescribed fee (if any).

(10)A mortgage shall not, unless registered in accordance with this section, be of any validity as against any subsequent mortgagee whose mortgage is duly registered in accordance with this section before the registration of such first-mentioned mortgage except in the case of fraud; and, except in the case of fraud, the priority of all mortgages duly registered in accordance with this section shall be determined by the order of registration and not of date, and shall not be affected by notice actual or constructive of any unregistered mortgage, or of any contract therefor, and the knowledge that any such mortgage, or contract is in existence shall not of itself be imputed as fraud; and every second or subsequent mortgage shall, if duly registered in accordance with this section, become, upon such registration and upon satisfaction of all prior mortgages registered in accordance with this section, a first mortgage.

(11)Where before the commencement of the Co‑operative Housing Societies Act 1946 any such mortgage as aforesaid has been given by a society and has not been wholly satisfied, and a true copy of the mortgage has been filed in accordance with subsection (6) of this section within thirty days after the commencement of the said Act, the mortgage shall, except in the case of fraud, be deemed to have been registered as at the date of execution thereof, and the particulars and memorandum thereof shall be entered in the register accordingly, and the provisions of subsections (8), (9), (10), and (12) of this section shall apply with respect to such mortgage accordingly.

(12)The Supreme Court, on being satisfied that the omission to register a mortgage within the time required by this section or the omission or mis‑statement of any particular with respect to any such mortgage or in any memorandum of satisfaction was accidental or due to inadvertence or to some other sufficient cause or is not of a nature to prejudice the position of creditors or members of the society or that on any other grounds it is just and equitable to grant relief, may on the application of the society or any person interested and on such terms and conditions as seem to the Court just and expedient order that the time for registration be extended or (as the case may be) that the omission or mis-statement be rectified.

(13)Nothing in the last seven preceding subsections shall apply to any mortgage solely of specific land duly registered in accordance with the Property Law Act 1958 or the Transfer of Land Act 1958.

33ASociety may act as trustee or agent

(1)A society may act as trustee or agent for an approved housing finance provider for such purposes connected with mortgages of freehold land and on such terms and conditions as are approved from time to time by the registrar.

(2)The registrar may declare a body corporate to be an approved housing finance provider for the purposes of subsection (1).

(3)The registrar may revoke a declaration made under subsection (2).

34As to advances by societies

(1)A society shall not make any advance to any person who is not a member of the society.

(2)A society shall not make any advance to a member of the society—

(a)except for the purpose of enabling such member—

(i)to purchase land and erect a dwelling-house thereon; or

(ii)to erect a dwelling-house on land already owned by him; or

(iia)to erect a dwelling-house on Crown land leased by him for a term of not less than 50 years being Crown land within an area approved by the Governor in Council for the purposes of this Act;

(iii)to purchase land upon which is situated a dwelling-house; or

(iiia)to maintain and keep in proper repair his dwelling-house;

(iv)(where the approval of the Governor in Council given after consideration of a report by the registrar is first obtained) to discharge a mortgage held by another society upon any land; or

(v)to discharge a mortgage or any other charge or security over or affecting any land which mortgage charge or security was granted or executed by the member in anticipation of the society's making an advance to him, and in any such case the advance shall not be made by the society without the prior approval of the registrar;

(vi)in circumstances approved by the registrar to alter or improve his or her dwelling-house; or

(vii)in circumstances approved by the registrar to discharge a mortgage or other charge or security over or affecting land; and

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(c)unless the board is satisfied that the member intends to reside in the dwelling-house erected or to be erected on such land and is not already the owner of more than one dwelling-house (other than the dwelling-house in relation to which the advance is to be made).

(3)A society shall not make any advance on the security of any property which is subject to a prior mortgage, unless the prior mortgage is in favour of the society or another co-operative housing society having the same registered office as the first-mentioned society.

(4)Every mortgage executed as security for an advance by a society must be registered under the Transfer of Land Act 1958.

(5)Any property to which a society may become absolutely entitled by foreclosure surrender or other extinguishment of the right of redemption shall as soon afterwards as may be conveniently practicable be sold or converted into money.

(6)In this section purchase includes the completion of a purchase under an existing contract of sale and the discharge of a mortgage within the meaning of the Sale of Land Act 1962, given to a vendor or other person pursuant to the provisions of section 4 of that Act.

35Contracts by society

(1)Contracts on behalf of a society may be made varied or discharged as provided in this section.

(2)Any contract which, if made between private persons, would be by law required to be in writing and under seal, may be made on behalf of the society in writing under the common seal of the society, and the contract may in the same manner be varied or discharged.

(3)Any contract which, if made between private persons, would be by law required to be in writing and signed by the party to be charged therewith, may be made on behalf of the society in writing, signed by any person acting under the express or implied authority of the society, and the contract may in the same manner be varied or discharged.

(4)Any contract which, if made between private persons, would by law be valid, although made by parol only and not reduced into writing, may be made by parol on behalf of the society by any person acting under the express or implied authority of the society, and the contract may in the same way be varied or discharged.

(5)Any contract made according to the provisions of this section shall be effectual in law and shall be binding upon the society and all other parties thereto.

36As to name and address of society

(1)The name of a society shall include the words "co‑operative housing society" as part of the name and the word "limited" as the last word of the name.

(2)The name of a society shall be inscribed in legible characters on its seal, and shall be stated in legible characters in all notices, advertisements, and other official publications of the society, and in all bills of exchange, cheques, promissory notes, endorsements, orders for money, receipts, and other documents required in the business of the society.

(3)The name of the society with a statement that the society is registered under this Act shall be painted or affixed, and kept painted or affixed, on the outside of its office in a conspicuous place and in letters which are clearly legible.

(4)The office of the society shall be registered as prescribed, and notice of any change of address shall be transmitted to the registrar within fourteen days after the change.

37Service of documents on society

Any document may be served on a society by leaving it at the registered office of the society with some person apparently in the service or employment of the society or by sending it by post addressed to the society at its registered office.

38Effect of rules

The rules of a society shall bind the society and all members thereof and all persons claiming through them respectively to the same extent as if each member had subscribed his name and affixed his seal thereto, and there were contained in the rules a covenant on the part of each member and his personal representatives to observe all the provisions of the rules, subject to the provisions of this Act and the regulations.

39Registers and accounts

(1)A society shall keep such registers and accounts as are prescribed.

(2)The registers shall include the following, that is to say—

(a)a register of the directors members and shares;

(ab)a register of the secretaries of the society;

(b)a register of any loans raised and securities given by the society; and

(c)a register of any advances made and securities taken by the society.

(3)The registers shall be kept in such manner and shall contain such particulars as are prescribed.

(4)No notice of any trust, expressed implied or constructive, shall be entered in any register or be received by the society.

40Inspection of registers etc.

A society shall have at its office and open at all reasonable hours to inspection by any member or creditor without fee—

(a)a copy of this Act and the regulations;

(b)a copy of the rules of the society;

(c)a copy of the last audited balance-sheet and final accounts, together with the report of the auditor;

(d)the prescribed register of directors members and shares; and

(e)the prescribed register of loans raised and securities given by the society.

41Returns

(1)A society shall, within fourteen days after any change in the membership of the board, transmit to the registrar information of the change.

(2)A society shall in each year, within three months after the close of its financial year or within such further time as the registrar may authorize, transmit to the registrar the following returns, that is to say—

(a)the names of the directors and the secretary for the year then current;

(b)a statement of the assets and liabilities of the society at the close of that financial year and of the accounts of the society for that financial year;

(c)a copy of any report by the auditor on such accounts; and

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(3)A society shall, when so required by notice in writing by the registrar, furnish to the registrar within the time specified in that behalf in the notice a full list in the prescribed form of all of its members as at the end of the financial year then last past or such other particulars as are specified in the notice with respect to the membership of the society.

42Charges

(1)A society shall furnish to any person intending to become a member a list of the charges payable under the rules by a member to the society.

(2)A person who becomes a member of the society shall be liable to pay only the charges mentioned in the list and any charges which may be imposed by any subsequent registered alteration of the rules.

(3)The charges may be altered by special resolution.

43No voting by proxy

The rules of a society shall not allow of voting by proxy.

44Special resolution

(1)For the purposes of this Act special resolution means a resolution which is passed by a majority of not less than three-quarters of such members of the society entitled under the rules to vote as may be present in person at any general meeting of which notice specifying the intention to propose the resolution has been duly given according to the rules.

(2)At any such general meeting, unless a poll is demanded, a declaration by the chairman that the resolution has been carried shall be conclusive evidence of the fact.

(3)A copy of the special resolution, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the registrar within one month after the passing of the special resolution, or within such further time as the registrar in any particular case allows and shall be registered by him and until the copy is so registered the special resolution shall not take effect:

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Provided that a special resolution for the expulsion of any member from a society shall not be registered unless the registrar is satisfied that in all the circumstances of the case the expulsion is reasonable and that the proceedings in respect of the expulsion have been properly and fairly conducted.

(4)A certificate of registration of any special resolution or of any alteration of the rules of a society given by the registrar shall in favour of any person lending money to the society on the faith of such certificate, or in favour of any guarantor of any such loan, be conclusive evidence that such resolution was duly passed or such alteration in the rules duly made (as the case may be).

Division 5—Quarterly returns and reports

44AQuarterly returns by society

(1)The Registrar may by notice in writing given to a society require the society to submit a return in the form approved by the Registrar as to the society's compliance with Divisions 3 and 4 of this Part in respect of each quarter or such period as is specified in the notice.

(2)The society must submit the return within the period specified in the notice.

Penalty:200 penalty units.

(3)The Registrar may by notice in writing require a society to provide further information in relation to any matter contained in or arising out of a quarterly or other return or any other information which the Registrar considers is relevant.

(4)A society must provide the information within the period specified by the Registrar in the notice.

(5)If a society does not comply with this section each officer of the society is guilty of an offence.

(6)The penalty for an offence under subsection (4) or (5) is a penalty of not more than 100 penalty units and a daily penalty of not more than 10 penalty units for each day during which the default continues.

44BAuditor to submit report

(1)The Registrar may by notice in writing require the auditor of a society to submit a report to the Registrar in respect of the period specified in the notice stating the auditor's opinion as to—

(a)whether or not the information provided by the society in its returns is accurate; and

(b)whether or not the society is complying with Divisions 3 and 4 of this Part.

(2)The auditor must submit the report within 60 days of the end of the period specified in the notice.

(3)The Registrar may by notice in writing require a society or its auditor to provide further information in relation to any matter contained in or arising out of the auditor's report or any other information which the Registrar considers is relevant.

(4)A society or an auditor of a society must provide the information within the period specified by the Registrar in the notice.

(5)If a society does not comply with subsection (4), each officer of the society is guilty of an offence.

(6)The penalty for an offence under subsection (4) or (5) is a penalty of not more than 100 penalty units and a daily penalty of not more than 10 penalty units for each day during which the default continues.

Division 6—Directions of Registrar

44CIntervention by the Registrar

(1)If the Registrar is of the opinion that—

(a)a society 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 society is trading unprofitably or has a deficiency in its net tangible asset position; or

(c)the affairs of a society are being conducted in an improper or financially unsound way—

the Registrar may, by written notice given to the society, place it under direction.

(2)The Registrar may, by written notice given to the society, revoke the notice.

(3)While a society is under direction, the Registrar may—

(a)order an audit of the affairs of the society by an auditor chosen by the Registrar at the expense of the society; or

(b)direct the society to change any practices that in the Commission's opinion are undesirable or unsound; or

(c)direct the society to cease or limit the raising or lending of funds or the exercise of other powers; or

(d)remove an officer, or all the officers, of the society from office and appoint another officer or other officers; or

(e)remove any auditor of the society from office and appoint another auditor; or

(f)give any other directions as to the way in which the affairs of the society are to be conducted or not conducted.

(4)If the society—

(a)fails, without reasonable excuse, to comply with a direction given or requirement made under this section to the extent that the society is capable of doing so; or

(b)without reasonable excuse, obstructs, hinders or resists the exercise of the Commission's powers under this section—

the society and any officer of the society who is in default each commit an offence.

(5)An officer or auditor appointed under this section holds office for such term as the Registrar directs.

Penalty applying to this section:

100 penalty units and a daily penalty of not more than 10 penalty units for each day during which the default continues or imprisonment for one year, or both.

Division 7—Supervision levy

44CA   Industry Supervision Fund

The Registrar must pay all amounts received as supervision levy under section 44D into the Industry Supervision Fund established under the Financial Sector Reform (Victoria) Act 1999.

44DSupervision levy

(1)The Registrar may determine that an amount is to be paid to it by societies as a supervision levy.

(2)The amount of the levy may be fixed by the Registrar as—

(a)a specified amount;

(b)a specified percentage of an amount determined by the Registrar either by reference to the amounts of reserves, obligations and debts of the society or to any other factors relating to the funds or business of the society as the Registrar determines as at a date specified by the Registrar; or

(c)both a specified amount and such a specified percentage.

(3)The Registrar may require the supervision levy to be paid in one amount or by instalments which may include an amount for interest at a rate fixed by the Registrar.

(4)The supervision levy must be paid by the society within 30 days of being notified by the Registrar by notice in writing of the amount that is payable.

(5)If a society is in default in payment of the supervision levy—

(a)interest accrues on the amount outstanding from the date of default at the rate specified by the Registrar; and

(b)the Registrar may recover any amount outstanding together with interest accrued as a debt in a court of competent jurisdiction.

(6)The Registrar may on the application of a society—

(a)vary the amount of the levy payable by the society; or

(b)vary the period within which the levy is to be paid; or

(c)exempt the society from payment of the levy.

(7)The amount paid by a society as a supervision levy is to be treated as an expense in the accounts of the society.

(8)The Registrar must consult the Committee before making a decision under this section.

PART III—RULES, MANAGEMENT, &C.

Division 1—Rules

45Model rules

(1)Model rules for a society shall be prescribed by regulation.

(2)A society which is to be registered under this Act, or which is registered thereunder, may adopt as its rules all or any of the model rules.

(3)Where a society is formed under this Act, in so far as any rules tendered for registration are not inconsistent with or do not exclude or modify the model rules as then in force, such model rules shall be deemed to form part of the rules of the society in the same manner and to the same extent as if they were contained in the rules tendered and registered.

(4)No alteration of the model rules shall apply to any society which is established before the regulation prescribing the alteration comes into operation, unless the society by special resolution adopts the alteration in its rules.

46Rules of a society

(1)The rules of a society shall be divided into paragraphs numbered consecutively, and shall set forth—

(a)the name of the society;

(b)where the office of the society is to be situated;

(c)the objects of the society;

(d)the nominal value of each share in the society;

(e)the maximum proportion of the shares which may be held by a member;

(f)the fixed date on which or the object or event on the attainment or occurrence of which the society is to terminate;

(g)the periodic subscriptions by which or the manner in which shares are to be paid for and the penalties for late payment;

(h)the minimum number of shares to be subscribed for by a member;

(i)the manner in which shares may be transferred;

(j)the manner in which the funds of the society are to be managed, and, in particular, the mode of drawing and signing cheques drafts bills of exchange promissory notes and other documents for and on behalf of the society;

(k)the manner in which an application for an advance is to be made, the conditions with which an applicant is to comply, the manner in which an advance is to be made and repaid, the conditions upon which a member may pay the amount due by him before the expiration of the period for which the advance is made, and the terms upon which a mortgage may be redeemed;

(l)the mode and conditions of admission to membership, and the payment to be made or the share or interest to be acquired before the exercise of the rights of membership;

(m)the rights and liabilities of members, and of the estates of deceased members and of members whose estates have been sequestrated or assigned;

(n)whether or not shares may be withdrawn, and if so, upon what terms;

(o)the manner in which the value of shares is to be ascertained for repayment;

(p)the circumstances in which members may be expelled, the rights and liabilities of expelled members, and provision for the forfeiture of shares and for the cancellation of forfeited shares;

(q)the number of directors, the qualification of directors, and the manner of electing remunerating and removing directors and filling a vacancy, whether directors are to be elected annually or half-yearly, the period for which directors are to hold office, and whether directors are to retire by rotation or otherwise;

(2)Such sums as may from time to time become due and payable by the Treasurer of Victoria under any agreement authorized by this Division of this Part shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

77AEntering into of agreements

(1)Any agreement authorized by this Division of this Part to be entered into by the Treasurer of Victoria (in this section referred to as the Treasurer) may be entered into for and on behalf of the Treasurer by any other person whom the Treasurer may authorize in writing either generally or in any particular case so to do.

(2)The Treasurer shall cause to be published in the Government Gazette notice of the authorization under subsection (1) of any person to enter into an agreement for and on behalf of the Treasurer.

(3)An agreement entered into by a person for and on behalf of the Treasurer pursuant to subsection (1) shall be deemed to have been entered into by the Treasurer.

(4)All courts shall take judicial notice of the signature to an agreement (being an agreement that the Treasurer is authorized by this Division of this Part to enter into) of any person who is or has been authorized by the Treasurer under subsection (1) to enter into the agreement for and on behalf of the Treasurer.

PART VI—MISCELLANEOUS

Division 1—Evidence

78Certificates

(1)Any certificate of incorporation given by the registrar shall be received in evidence as if it were the original certificate.

(2)Every certificate of incorporation or other official document relating to a society signed by or bearing the seal of the registrar shall be received in evidence without further proof.

(3)Judicial notice shall be taken of the signature and seal of any person who holds or has held the office of registrar, if the signature or seal purports to be attached to any certificate or other official document.

(4)The provisions of this section shall extend to any copy of the rules of a society certified by the registrar to be a true copy of its registered rules.

79Rules

A printed copy of the rules of a society purporting to be certified by the secretary of the society to be a true copy of its registered rules shall be prima facie evidence of the rules.

80Registers

The register of directors members and shares of a society shall be prima facie evidence of the particulars directed or authorized by or under this Act to be inserted therein.

81Minutes

(1)Every entry in the minutes purporting to be a minute of the business transacted at a meeting of a society or of the board, and to be signed by the chairman at a subsequent meeting, shall be prima facie evidence that the business as therein recorded was transacted at the meeting and that the meeting was duly convened and held.

(2)An entry in the minutes of a meeting of a society to the effect that a resolution was carried, or was lost, shall be prima facie evidence of the fact without proof of the number or proportion of votes recorded for or against the resolution.

82Entries in books

A copy of any entry in a book of a society regularly kept in the course of business shall, if certified by statutory declaration of the secretary to be a true copy of the entry, be received in evidence in any case where and to the same extent as the original entry itself is admissible.

83Saving

The provisions of this Division of this Part shall be read and construed as in aid of and not in derogation from any other Act or law relating to evidence judicial notice or the proof of documents.

Division 2—Offences

84Failure to display name, keep rules, give returns or information

(1)A society shall be guilty of an offence, if it fails—

(a)to paint or affix or to keep painted or affixed the name of the society on the outside of its office as required by this Act;

(b)to keep any register or account, or to make any entry therein, as required by or under this Act;

(c)to have at its office and open to inspection a copy of this Act and the regulations, or of the rules, or of the last balance-sheet and final accounts together with the report of the auditor, or any register, as required by this Act; or

(d)to transmit to the registrar any notice or return as required by this Act.

(2)A society shall be guilty of an offence if it refuses or fails to furnish within the specified time any information lawfully required by the registrar or by any other person authorized in that behalf under this Act.

(3)Where the society is guilty of any offence under this section, the society and every director or officer of the society who knowingly and wilfully authorizes or permits the default shall be liable to a penalty of not more than $10 for every day during which the default continues.

85Acting as director after office vacated

Any person who knowingly continues to exercise the powers of a director of a society after his office as director has been vacated and any director of a society who knowingly permits or suffers any such person to exercise the powers of a director shall be guilty of an offence and liable to a penalty of not more than $200.

86Carrying on unlawful business

(1)A society shall be guilty of an offence if it contravenes any restriction imposed by this Act or the regulations or its rules on its power to carry out business, and, in particular, if it raises money on loan or makes any advance except as authorized by this Act and the regulations and its rules.

(2)Where the society is guilty of any offence under this section, the society shall be liable to a penalty of not more than $200 and every director or officer who knowingly and wilfully authorizes or permits such contravention shall be guilty of an offence and liable to a penalty of not more than $100.

87Carrying on business with too few members

Where the number of members of a society is reduced below twenty every director of the society shall while the number remains so reduced comply with all directions of the registrar.

88Using wrong name

(1)If a society in any manner uses any name other than its registered name, it shall be guilty of an offence and liable to a penalty of not more than $10 for every day during which the offence continues.

(2)If an officer of a society or a person on its behalf issues or authorizes the issue of any notice advertisement or other official publication of the society, or signs or authorizes to be signed on behalf of the society any bill of exchange, cheque, promissory note, endorsement, order for money, receipt, or other document required in the business of the society, wherein its name does not appear in legible characters, he shall be guilty of an offence and liable to a penalty of not more than $20.

89Improper sealing

If any officer of a society or any person on its behalf uses any seal purporting to be the seal of the society, wherein its name does not appear in legible characters, he shall be guilty of an offence and liable to a penalty of not more than $100.

90Taking money before registration

If before a society is registered any person takes any money in consideration of the allotment of any share or interest in the society, he shall be guilty of an offence and liable to a penalty of not more than $100.

91False copies of rules

If any person gives to any member of a society or to any person intending or applying to become a member of a society a copy of any rules or any alterations of the same other than those which have been duly registered representing that the same are binding on the members of the society, or if any person makes any alteration in any of the rules of the society after they have been registered, and circulates the same representing that they have been duly registered, when they have not been so registered, he shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence and liable to a penalty of not more than $200.

92False entries

If any person wilfully makes, orders, or allows to be made any entry or erasure in, or omission from, any balance-sheet or account of a society or any book register return or document required to be kept, sent, produced, or delivered for the purposes of this Act, with intent to falsify the same, or to evade any of the provisions of this Act, he shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence and liable to a penalty of not more than $200.

93Imposition and misapplication of moneys

If any person, by false representation or imposition, obtains possession of any property of a society, or having the same in his possession, withholds or misapplies the same or wilfully applies any part thereof to purposes other than those specified or authorized by the rules of the society or by this Act, he shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence and liable to a penalty of not more than $200.

94Improper commissions

(1)Any officer of a society who accepts from any person for or in connexion with a transaction of such person with the society any commission fee or reward, whether pecuniary or otherwise, which is not authorized to be paid or given by or under this Act or the rules of the society shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence and liable to imprisonment for a term of not more than six months or to a penalty of not more than $200.

(2)Any person (whether an officer of a society or not) who for or in connexion with a transaction or proposed transaction of any other person with a society demands or receives from that other person or retains from or pays out of any moneys held by him on behalf of that other person any commission or fee which is not authorized to be paid by or under this Act or the rules of the society or which is in excess of any commission or fee so authorized shall be guilty of an offence and liable to imprisonment for a term of not more than six months or to a penalty of not more than $200.

95General penalties

Any society or person which or who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and, where no penalty is expressly provided therefor, shall be liable to a penalty of not more than $50.

96Recovery of fines, penalties

Proceedings for any offence against this Act or the regulations may be instituted by the registrar or by any person aggrieved and any fine or penalty paid or recovered in respect thereof shall be paid into the Consolidated Fund.

97Civil remedies in case of contravention

If a society in making any advance or raising any loan contravenes or fails to comply with any provision of this Act or the regulations or any rule of the society, the civil rights and liabilities of the society or any other person in respect of the recovery of the advance or loan shall not be affected or prejudiced by the contravention or failure, save that the money shall become immediately payable, and the same remedies may be had for the recovery of the advance or loan and for the enforcement of any security therefor as if there had not been any such contravention or failure.

Division 3—Regulations

98Regulations

(1)The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorized or required to be prescribed by this Act or necessary or expedient to be prescribed for the purposes of this Act and may by any such regulation prescribe a penalty (not in any case exceeding $40) for any contravention of or failure to comply with any such regulation.

*                *                *                *                *

SCHEDULE

Number of Act	Title of Act	Extent of Repeal
6138	Co-operative Housing Societies Act 1957	The Whole

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Co-operative Housing Societies Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Co-operative Housing Societies Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Co-operative Housing Societies (Guarantees) Act 1958, No. 6446/1958 (as amended by No. 6489/1959)

Assent Date:	18.11.58
Commencement Date:	18.11.58
CurrentState:	All of Act in operation

Companies Act 1958, No. 6455/1958

Assent Date:	2.12.58
Commencement Date:	1.4.59: Government Gazette 4.3.59 p. 496
CurrentState:	All of Act in operation

Co-operative Housing Societies (Residential Flats) Act 1958, No. 6457/1958 (as amended by No. 6489/1959)

Assent Date:	2.12.58
Commencement Date:	2.12.58
CurrentState:	All of Act in operation

Co-operative Housing Societies (Insurance) Act 1958, No. 6461/1958 (as amended by No. 6489/1959)

Assent Date:	9.12.58
Commencement Date:	9.12.58
CurrentState:	All of Act in operation

Statute Law Revision Act 1959, No. 6505/1959

Assent Date:	5.5.59
Commencement Date:	1.4.59: s. 1(2)
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1960, No. 6618/1960

Assent Date:	1.6.60
Commencement Date:	1.6.60
CurrentState:	All of Act in operation

Co-operative Housing Societies (Guarantees) Act 1960, No. 6687/1960

Assent Date:	6.12.60
Commencement Date:	6.12.60
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1961, No. 6821/1961

Assent Date:	12.12.61
Commencement Date:	12.12.61
CurrentState:	All of Act in operation

Companies Act 1961, No. 6839/1961

Assent Date:	19.12.61
Commencement Date:	1.7.62: Government Gazette 21.2.62 p. 392
CurrentState:	All of Act in operation

Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:	8.5.62
Commencement Date:	1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState:	All of Act in operation

Co-operative Housing Societies Act 1962, No. 6909/1962

Assent Date:	7.11.62
Commencement Date:	7.11.62
CurrentState:	All of Act in operation

Housing Advances and Loans (Improper Commissions) Act 1962, No. 6928/1962

Assent Date:	20.11.62
Commencement Date:	20.11.62
CurrentState:	All of Act in operation

Co-operative Housing Societies (Guarantees) Act 1963, No. 7030/1963

Assent Date:	22.10.63
Commencement Date:	22.10.63
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1963, No. 7097/1963 (as amended by No. 7142/1964)

Assent Date:	10.12.63
Commencement Date:	1.4.64: Government Gazette 26.3.64 p. 707
CurrentState:	All of Act in operation

Housing Advances and Loans (Improper Commissions) Act 1964, No. 7125/1964

Assent Date:	5.5.64
Commencement Date:	5.5.64
CurrentState:	All of Act in operation

Co-operative Housing Societies (Indemnities) Act 1964, No. 7225/1964

Assent Date:	15.12.64
Commencement Date:	15.12.64
CurrentState:	All of Act in operation

Statute Law Revision Act 1965, No. 7332/1965

Assent Date:	14.12.65
Commencement Date:	14.12.65: subject to s. 3
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1966, No. 7388/1966

Assent Date:	10.5.66
Commencement Date:	1.7.66: Government Gazette 29.6.66 p. 2270
CurrentState:	All of Act in operation

Co-operative Housing Societies (Financial) Act 1966, No. 7464/1966

Assent Date:	29.11.66
Commencement Date:	29.11.66
CurrentState:	All of Act in operation

Co-operative Housing Societies (Indemnities) Act 1967, No. 7521/1967

Assent Date:	15.3.67
Commencement Date:	15.3.67
CurrentState:	All of Act in operation

Strata Titles Act 1967, No. 7551/1967

Assent Date:	17.3.67
Commencement Date:	S. 47 on 1.7.67: Government Gazette 24.5.67 p. 1754
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Co-operative Housing Societies (Amendment) Act 1967, No. 7575/1967

Assent Date:	8.11.67
Commencement Date:	8.11.67
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1970, No. 7983/1970

Assent Date:	13.10.70
Commencement Date:	13.10.70
CurrentState:	All of Act in operation

Co-operative Housing Societies (Indemnities) Act 1971, No. 8160/1971

Assent Date:	26.10.71
Commencement Date:	26.10.71
CurrentState:	All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:	23.11.71
Commencement Date:	23.11.71: subject to s. 2(2)
CurrentState:	All of Act in operation

Housing (Amendment) Act 1971, No. 8206/1971

Assent Date:	14.12.71
Commencement Date:	14.12.71
CurrentState:	All of Act in operation

Co-operative Housing Societies Act 1972, No. 8298/1972

Assent Date:	3.10.72
Commencement Date:	3.10.72
CurrentState:	All of Act in operation

Housing Ministry Act 1972, No. 8339/1972

Assent Date:	5.12.72
Commencement Date:	2.4.73: Government Gazette 28.3.73 p. 652
CurrentState:	All of Act in operation

Valuation of Land (Valuers) Act 1973, No. 8405/1973

Assent Date:	17.4.73
Commencement Date:	1.7.73: Government Gazette 13.6.73 p. 1966
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1973, No. 8462/1973

Assent Date:	7.11.73
Commencement Date:	7.11.73
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1974, No. 8543/1974

Assent Date:	30.4.74
Commencement Date:	30.4.74
CurrentState:	All of Act in operation

Co-operative Housing Societies Act 1974, No. 8586/1974

Assent Date:	30.10.74
Commencement Date:	30.10.74
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1975, No. 8786/1975

Assent Date:	2.12.75
Commencement Date:	2.12.75
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1976, No. 8882/1976

Assent Date:	19.10.76
Commencement Date:	19.10.76
CurrentState:	All of Act in operation

Co-operative Housing Societies (Leasehold Securities) Act 1977, No. 8978/1977

Assent Date:	3.5.77
Commencement Date:	3.5.77
CurrentState:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1978, No. 9108/1978

Assent Date:	16.5.78
Commencement Date:	16.5.78
CurrentState:	All of Act in operation

Workers Compensation (Amendment) Act 1978, No. 9136/1978

Assent Date:	23.5.78
Commencement Date:	S. 4(3) on 14.5.79: Government Gazette 9.5.79 p. 1351
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Co-operative Housing Societies (Indemnities) Act 1978, No. 9206/1978

Assent Date:	5.12.78
Commencement Date:	5.12.78
CurrentState:	All of Act in operation

Co-operative Housing Societies (Indemnities) Act 1981, No. 9601/1981

Assent Date:	24.11.81
Commencement Date:	24.11.81
CurrentState:	All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date:	5.1.82
Commencement Date:	S. 22 on 5.1.82: s. 2(4); s. 23 on 1.7.82: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Co-operative Housing Societies and Co-operation (Amendment) Act 1982, No. 9776/1982

Assent Date:	21.9.82
Commencement Date:	21.9.82
CurrentState:	All of Act in operation

Housing Act 1983, No. 10020/1983

Assent Date:	13.12.83
Commencement Date:	1.1.84: Government Gazette 21.12.83 p. 4045
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Co-operation (Amendment) Act 1985, No. 10254/1985

Assent Date:	10.12.85
Commencement Date:	1.1.86: Government Gazette 18.12.85 p. 4642
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Mental Health Act 1986, No. 59/1986

Assent Date:	3.6.86
Commencement Date:	S. 143(2) on 1.10.87: Government Gazette 30.9.87 p. 2585
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	1.1.87: s. 2
CurrentState:	All of Act in operation

Friendly Societies Act 1986, No. 119/1986 (as amended by No. 36/1990)

Assent Date:	23.12.86
Commencement Date:	1.9.87: Government Gazette 26.8.87 p. 2257
CurrentState:	All of Act in operation

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
CurrentState:	All of Act in operation

Co-operative Housing Societies (Amendment) Act 1989, No. 10/1989

Assent Date:	9.5.89
Commencement Date:	9.5.89
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 3(Sch. items 33.1, 33.2) on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Co-operative Housing Societies (Guarantees) Act 1990, No. 30/1990

Assent Date:	5.6.90
Commencement Date:	5.6.90
CurrentState:	All of Act in operation

Building, Co-operative Housing and Friendly Societies (Amendment) Act 1990, No. 36/1990

Assent Date:	13.6.90
Commencement Date:	Ss 11–13, 16–19 on 18.12.91: Government Gazette 18.12.91 p. 3486; ss 14, 15 on 5.8.92: Government Gazette 5.8.92 p. 2050
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Financial Institutions (Victoria) Act 1992, No. 48/1992

Assent Date:	30.6.92
Commencement Date:	Pt 13 (ss 93–104) on 1.7.92: Government Gazette 1.7.92 p. 1692
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Valuation of Land (Amendment) Act 1994, No. 91/1994

Assent Date:	6.12.94
Commencement Date:	S. 36(2) on 1.1.95: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995

Assent Date:	14.6.95
Commencement Date:	S. 15 on 14.6.95: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Financial Institutions Legislation (Amendment) Act 1997, No. 61/1997

Assent Date:	5.11.97
Commencement Date:	5.11.97: s. 2
CurrentState:	All of Act in operation

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	S. 28(Sch. item 8) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 14) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Financial Sector Reform (Victoria) Act 1999, No. 37/1999

Assent Date:	8.6.99
Commencement Date:	S. 58(Sch. 2) on 1.7.99: Special Gazette (No. 97) 30.6.99 p. 2
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Audit (Amendment) Act 1999, No. 53/1999

Assent Date:	14.12.99
Commencement Date:	S. 26(Sch. item 7) on 1.1.00: Government Gazette 23.12.99 p. 2764
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date:	6.6.00
Commencement Date:	S. 44 on 19.6.00: Government Gazette 15.6.00 p. 1248
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 27) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 15) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 8(Sch. 6 item 1) on 28.6.01: Government Gazette 28.6.01 p. 1428
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 19) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:	27.5.03
Commencement Date:	S. 83 on 28.5.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 42) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 18) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 6) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 10) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 12) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 19) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 4) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 20) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 10) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

State Taxation Acts Further Amendment Act 2017, No. 67/2017

Assent Date:	19.12.17
Commencement Date:	S. 75 on 20.12.17: s. 2(4)
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 29) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 795 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Co-operative Housing Societies Act 1958

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3   Explanatory details

No entries at date of publication.