Co-operative Societies Acts Amendment Act of 1962 (Qld)

102 ANNO UNDECIMO E .. L .. I . Z .. A .. B .. E .. T . H ... A .. E ... S . ' E . C ... U .. N . D ' .. A .. E .... R .. E . G ... I . N . A ' .. E . No. 14 of 1962 An Act to Amend "The Co-operative Societies Acts, 1946 to 1951," in certain particulan [ASSENTED TO 26TH NOVEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as "The Co-operative Societies Acts Amendment Act of 1962." (2) Principal Act. "The Co-operative Societies Acts, 1946 to 1951," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as "The Co-operative Societies Acts, 1946 to 1962."

Co-operative Societies Acts Amendment Act of 1962, No. 14 (4) Commencement. Section two, paragraph (b) of section three and section twelve of this Act shall be deemed to have come into operation on the first day of July, one thousand nine hundred and sixty-two, and to the extent necessary to give effect to this subsection, this Act shall operate retrospectively. 2. Amendment of s. 3. Section three of the Principal Act is amended by omitting in subparagraph (iv) of paragraph (c) of the proviso thereto the words " two hundred and ninety-nine " and inserting in their stead the words "three hundred and eight." 3. Amendments of s. 4. Section four of the Principal Act is amended by in subsection (1)- (a) omitting the definition "Certificated accountant" and inserting in its stead the following definition:- " "Certificated accountant"-A person registered as a public accountant under and within the meaning of "The Public Accountants Registration Acts, 1946 to 1954" ;"; (b) omitting the definition "Companies Act" and inserting in its stead the following definition :- " "Companies Act"-"The Companies Act of 1961";"; and (c) inserting after the definition "Companies Act", as inserted by this section, the following definition:- " "Crown Law Officer"-The Attorney-General, Minister for Justice or Solicitor-General ;". 4. Amendment of s. 11. Section eleven of the Principal Act is amended by in subsection (1) omitting the words "three hundred" wheresoever occurring and inserting in their stead wheresoever omitted the words "one thousand". 5. Amendment of s. 13. Section thirteen of the Principal Act is amended by in subsection (3) omitting the words "three hundred" and inserting in their stead the words "one thousand". 6. Repeal of and new s. 17. The Principal Act is amended by repealing section seventeen and inserting in its stead the following section:- "[17.] Names of Societies. (1) Except with the consent of the Crown Law Officer, a society shall not be registered by a name that, in the opinion of the registrar, is undesirable or is a name, or a name of a kind, that the Crown Law Officer has directed the registrar not to accept for registration. (2) The Crown Law Officer shall cause a direction given by him under subsection (1) of this section to be published in the Government Gazette. (3) No description of a society shall be deemed inadequate or incorrect by reason of the use of- (a) The abbreviation "Ltd." in lieu of the word "Limited" contained in the name of a society; or (b) The word "Limited" in lieu of the abbreviation "Ltd." contained in the name of a society. 103

104 Co-operative Societies Acts Amendment Act of 1962, No. 14 (4) If the name of a society is (whether through inadvertence or otherwise and whether originally or by change of name) a name by which the society could not be registered without contravention of subsection (1) of this section the society may by special resolution change its name to a name by which the society could be registered without contravention of that subsection and, if the registrar so directs, shall so change it within six weeks after the date of direction or such longer period as the registrar allows unless the Crown Law Officer by written notice annuls such direction, and if the company fails to comply with the direction it shall be guilty of an offence against this Act. Penalty: One hundred pounds." 7. Amendment of s. 18. Section eighteen of t_he Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- "(l) A society may by special resolution and with the approval of the registrar change its name to a name by which the society could be registered without contravention of subsection (1) of section seventeen." 8. Amendment of s. 30. Section thirty of the Principal Act is amended by omitting the words "three hundred" wheresoever occurring and inserting in their stead wheresoever omitted the words "one thousand". 9. Amendment of s. 32. Section thirty-two of the Principal Act is amended by inserting in subsection (4) after paragraph (b) the following paragraph:- "(bb) Be applied in paying up un-issued shares of the society to be issued to a member as fully paid shares by way of bonus based on the business done by him with the society;". 10. Amendments of s. 37. Section thirty-seven of the Principal Act is amended by in subsection (1)- (a) omitting paragraph {b) and inserting in its stead the following paragraph:- "(b) Deposit in any trading bank or savings bank \\ithin the meaning of the Banking Act1959 of the Commonwealth as amended from time to time;"; and (b) omitting in paragraph (c) the word "four" and inserting in its stead the word "three". 11. Amendments of s. 39. Section thirty-nine of the Principal Act is amended by- (a) omittmg in subsection (1) the words ""The Mercantile Acts, 1867 to 1896" " and inserting in their stead the words " "The BillsofSale and Other InstrumentsAct of 1955" "; and (b) in paragraph (vii) of subsection (2)- (i) omitting the words" "The Bills ofSale Acts, 1891 to 1941" and of "The Mercantile Acts, 1867 to 1896" ", and inserting in their stead the words " "The Bills of Sale and Other Instruments Act of 1955" "; and

Co-operative Societies Acts Amendment Act of 1962, No. 14 (ii) omitting the words ""The Bills of Sale Acts, 1891 to 1941", or "The Mercantile Acts, 1867 to 1896" ", and inserting in their stead the words "·'The Bills of Sale and Other Instruments Act of 1955" ". 12. Amendments of s. 40. (1) Section forty of the Principal Act is amended by- (a) omitting from paragraph (a) of subsection (6) the words "the terms "special resolution" and "extraordinary resolution" " and inserting in their stead the words "the term "special resolution""; (b) omitting from paragraph (c) of subsection (6) the words "section two hundred and fifty-four of the CompaniesAct and section two hundred and forty-two" and inserting in their stead the words "section two hundred and sixty-nine of the CompaniesAct and section two hundred and seventy-two"; (c) inserting in subsection (9) after the word "shall,", where firstly appearing, the words "within one month after the expiration of the period of six months from the date of his appointment and of every subsequent period of six months and in any case within one month after he ceases to act as liquidator, lodge an account of his receipts and payments and a statement of the position in the winding up and shall,". (2) The provisions of subsection {l) of this section shall not apply to any society of which the winding up has commenced before the first day of July, one thousand nine hundred and sixty-two, but every such society shall be wound up in the same manner and with the same incidents as if "The Companies Act of 1961", had not been passed. 13. Amendment of s. 44. Section forty-four of the Principal Act is amended by omitting the words "two hundred and ninety-nine" wheresoever occurring and inserting in their stead wheresoever omitted the words "three hundred and eight." 14. Amendment of s. 44A. Section 44A of the Principal Act is amended by omitting from subsection (4) the word "Union" and inserting in its stead the word "Federation", 15. Amendment of s. 45. Section forty-five of the Principal Act is amended by omitting subsection (3). 16. Amendment of s. 49. Section forty-nine of the Principal Act is amended by inserting in subsection (1) after the words "the fees to be paid" the words "to the certifying barrister or". 17. Amendments of Schedule n. (1) Clause six of Schedule U of the Principal Act is amended by adding at the end thereof the following subclauses:- "(5.) A person shall not be capable of being appointed auditor of a society at a meeting of the society unless he held office as auditor of the society immediately before the meeting or notice of his nomination as auditor was given to the society by a member of the society not less than fourteen days before the meeting.

106 Co-operative Societies Acts Amendment A.ct of 1962, No. 14 (6.) When notice of nomination of a person as an auditor of a society is received by tho society for appointment at a imcting, the society shall, not less than seven days before tho mooting, send a copy of tho notice to the person nominated, to each auditor (if any) of tho society and to each person entitled to nc:eiw notice of that meeting of tbo society." (2) Clause nineteen of Schedule Il of the Principal Act is amended by omitting the words "three hundred" wheresoever occ-11rring and inserting in their stead wheresoever omitted the words "one thousand".