Co-operative Societies Act Amendment Act of 1951 (15 Geo Vi No. 36) (Qld)

516 SOCIETIES. Co-operative Societies, Etc., Act. 15 G eo . VI. No. 36, SAILORS. See G ift D uty . SCAFFOLDING, INSPECTION OF. See L abour . SECOND HAND FRUIT CASES. See A griculture . SEEDS. See A griculture , sub - title A gricultural S tandards . SEWERAGE, WATER SUPPLY AND GASFITTING. See L ocal A uthorities . SOCIETIES. (1) The Co-operative Societies Acts Amendment Act o/1951 ..................................... 15 Geo. VI. No. 36 (2) The Friendly Societies Acts Amendment Act of 1951 ..................................... 15 Geo. VI. No. 50 15 N G o e . o 3 . 6V. I. An Act to Amend “ The Co-operative Societies Act T he C o - operative S ocieties of 1946 ”, in certain particulars. A ct A mendment A ct of 1951. [A ssented to 15 th N ovember , 1951.] E it enacted by the King’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— short title 1. This Act may be cited as “ The Co-operative construction. Societies Act Amendment Act of 1951,” and shall be read as one with * “ The Co-operative Societies Act of 1946,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively tltle- cited as “ The Co-operative Societies Acts, 1946 to 1951.” Amendment 2. Section two of the Principal Act is amended by 0 s‘ * inserting therein, after the words and figure “ Part VI— Winding-up ” the words and figure “ Part VIA.— Advisory Council; * 10 G. 6 No. 50.

SOCIETIES. 517 1951. Co-operative Societies, Etc., Act. 3. Subsection three of section twelve of the Principal Act is amended by adding thereto the following0 s- paragraph, namely:— “ Upon the registration of a society as a company, that company shall send to the registrar an office copy of the certificate of incorporation thereof given by the registrar of companies.” ' 4. Section thirty of the Principal Act is amended 3 ^ment8 as follows :— os.. (a) Subsection eight of tfyat section is amended by inserting, before the words “No individual person” therein the words “ Except in the case of a society specified in subsection twelve of this section ” ; ( b ) The following subsection is added to that subsection, namely:— “(12.) Where, having regard to the objects for which a society has been or is proposed to be formed, the Governor in Council is satisfied that individual persons should be allowed to hold shares therein of a greater nominal value than three hundred pounds, the Governor in Council may, according as he deems , proper in the circumstances, by Order in Council published in the Gazette , declare that an individual person may hold shares in that society either without limit of value or of a specified nominal value greater than three hundred pounds and any individual person may thereupon and thereafter hold shares in the society in question accordingly.” 5. The Principal Act is amended by inserting after New heading section forty-four thereof, the following heading and section, namely:— “ P art VIA—A dvisory C ouncil . “[44 a .] (1.) There shall be an Advisory Council Advisory (in this Act referred to by the term “ Council ”) ounci‘ consisting of not less than five nor more thap nine members (including the registrar ex officio) as determined by the Governor in Council from time to time. (2.) The members of the Council other than the ex officio member shall be appointed from time to time by the Governor in Council by notification published in the Gazette and the Council shall be deemed to be constituted upon the first appointment of not less than five members thereof.

SOCIETIES. Co-operative Societies, Etc., Act. 15 G eo . VI. N o . 36, At any time when the total number of the members of the Council is less than nine the Governor in Council may appoint as aforesaid an additional member or members thereof but not so as to increase to more than nine the total membership of the Council at any one and the same time. (3.) A majority, exclusive of the registrar, of the persons holding office as members of the Council at any one and the same time shall be representative of co-operation in Queensland and the Governor in Council shall at all times when appointing members of the Council have regard to the provisions of this subsection. (4.) For the purposes of securing majority representation as aforesaid the Governor in Council may from time to time appoint to be members of the Council persons nominated by the association known as the Co-operative Union of Queensland or, in lieu of that association, nominated by any other body or association of persons deemed by the Governor in Council to be representative of co-operation in Queensland : Provided that the Governor in Council may allocate, and from time to time re-allocate, majority representation as aforesaid amongst such and so many different forms of co-operation as he deems proper and the bodies or associations recognised for the time being by the Governor in Council as being respectively representative of those forms of co-operation may each nominate a person or persons, according as allocated by the Governor in Council, for appointment to the Council. (5.) (a) If at any time any one or more of the persons who may be nominated, as prescribed by this section, for membership of the Council is or are not duly nominated on or before a date fixed by the Minister, the Governor in Council may nevertheless appoint any person, or as the case requires, two or more persons not so nominated to be a member or members of the Council. ( b )If a nominee as aforesaid refuses to accept appointment to the Council, or having been appointed as a member of the Council, fails or refuses to act as such, the Governor in Council may thereupon appoint, in lieu of that nominee or appointee, any person who need not be a like nominee to be a member of the Council

1951. SOCIETIES. Co-operative Societies, Etc., Act. 519 and may, in the case of such an appointment consequent on the failure or refusal of an appointed membef to act as such, cancel his appointment. (6.) The members of the Council other than the ex officio member shall, subject to the regulations made in that behalf under this Act, hold their respective offices for such period as may be prescribed and be eligible for re-appointment. (7.) The two members named as such in the notification of their appointment shall be respectively the President and Vice-President of the Council: Provided that in the event of a vacancy occurring in the office of President or Vice-President or the absence of the President or Vice-President through any cause the Governor in Council may appoint a member of the Council to be the President, or, as the case requires, Vice-President and to hold office for the remainder of the term of his predecessor or during such absence, as the case may be. 6. The following section is inserted after section New section 44 a of the Principal Act as previously inserted by this 44 b mserted' Act, namely:— “[44 b .] The Governor in Council may from time to to time make all such regulations as he deems necessary “gufations for carrying into effect the objects and purposes of this^^espeot Part of this Act and, without limit to the generality ofcouncil, the foregoing provisions of this section, in particular with respect to the following matters, namely :— (а) Times and places of meetings of the Council, and the voting, quorum, and the regulation of the business and procedure at such meetings ; (б) The filling of casual vacancies in the membership of the Council and for the appointment of a person to act temporarily in the room of any member dining the absence of that member; (c) Disqualifications from membership of the Council and the removal from office of any member who may become subject to any prescribed disqualification; and (d) Fees and allowances payable to members of the Council.”

520 SOCIETIES. Co-operative Societies, Etc., Act. 15 G eo . VI. No. 36, New section 44c inserted. 7. The following section is inserted after section 44 b of the Principal Act, as previously inserted by this Act, namely:— Functions of the Council. “ [44c.] (1.) The general function of the Council shall be to take all such steps and to do all such things as in its opinion are desirable in the public interest and will promote and encourage co-operation and will assist both in the formation of new co-operatives and in the improvement and development of existing co-operatives. In particular, the Council— (a) Shall, with respect to the formation of new co-operatives advise upon matters appertaining to finance, business methods, procedure, management, staffing, and all such other matters as are associated with the formation and development of the new co-operative in question; (b) May convene or attend meetings of the public at any place or locality for the purpose of disseminating at the meeting in question information respecting co-operation or any form thereof or for the purpose of advocating at that meeting the formation of any form of co-operative ; and (c) May prepare and disseminate all such information as will in its opinion be calculated to inform and educate the public with respect to co-operation or any form of co-operation and ways and means of forming, establishing and carrying on co-operatives or any form of co-operatives. (2.) The costs of the Council and of the carrying out by it of its functions shall be paid from moneys appropriated by Parliament for that purpose. The Council shall not incur any costs for the payment of which Parliament has not appropriated moneys.”