Co-operative Societies Regulations (Amendment) (ACT)

AUSTRALIAN CAPITAL TERRITORY

Regulations    1987    No. 12¹

Co-operative Societies Regulations² (Amendment)

I, JOHN JOSEPH BROWN, the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, hereby make the following Regulations under the Co-operative Societies Ordinance 1939.

Dated 22 September 1987.

JOHN BROWN

Minister of State for the Arts, Sport, the Environment, Tourism and Territories

Interpretation

1. Regulation 2 of the Co-operative Societies Regulations is amended by inserting before the definition of “the Ordinance” in subregulation (1) the following definition:

“ ‘Companies Regulations’ means the Companies Regulations in force from time to time under the Companies Act;”.

2.  After regulation 2AB of the Co-operative Societies Regulations the following regulation is inserted:

Application of Companies Regulations

“2ABA.  (1)  The provisions of regulations 2 to 11 (inclusive), 13, 28, 67 to 71 (inclusive), 77 to 106 (inclusive) and 108 to 145 (inclusive) of the Companies Regulations, and Forms 24, 30, 77, 83, 96 to 109 (inclusive) and 125 to 149 (inclusive) set out in Schedule 2 to the Companies Regulations, shall, subject to this regulation, apply in relation to a winding-up of a society.

“(2)  In the application of the provisions of the Companies Regulations specified in subregulation (1) in relation to a winding-up of a society:

(a)a reference in any of those provisions, other than in the footnote to Form 96, to a company shall be read as a reference to the society;

(b)a reference in any of those provisions to a contributory shall be read as a reference to a contributory within the meaning of the Ordinance;

(c)a reference in any of those provisions to the Act shall be read as a reference to the provisions of the Companies Act applied by section 60 of the Ordinance and as modified by that section;

(d)a reference in any of those provisions to the National Companies and Securities Commission, or to the Commission, shall be read as a reference to the Registrar; and

(e)a reference in any of those provisions to the articles or regulations of the company shall be read as a reference to the Rules of the society.”.

Application

3.  The amendments effected by these Regulations apply, and shall be taken to have applied, in relation to a winding-up of a society that commenced on or after 1 January 1984.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 October 1987.

2. Regulation 1945 No. 2 as amended by 1956 No. 13; 1979 Nos. 24 and 27; 1980 No. 3; 1982 Nos. 52 and 53; 1985 Nos. 8 and 18; 1986 Nos. 1, 2 and 25.