Co-operatives Act 1992 Cooperatives Amendment (Adoption of Provisions of Corporations Law) Regulation 2000 (2000-340) [GG No 85 of 7.7.2000, p 6065] (NSW)

No judgment structure available for this case.

2000 No 340

Co-operatives Amendment (Adoption

New South Wales

of Provisions of Corporations Law)

Regulation 2000

under the

Co-operatives Act 1992

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Co-operatives Act 1992.

JOHN WATKINS, M.P., Minister for Fair Trading

Explanatory note

Section 8 of the Co-operatives Act 1992 specifies those provisions of the Corporations Law that apply under their own force to co-operatives. All other provisions of the Corporations Law are excluded from such application. However, section 9 of the Co-operatives Act 1992 provides for the regulations under the Act to adopt, with or without modification, a provision of the Corporations Law for application in relation to co-operatives.

The object of this Regulation is to adopt section 1322 of the Corporations Law for application in relation to co-operatives, so as to empower the Supreme Court to cure certain procedural irregularities under the Co-operatives Act 1992.

This Regulation is made under the Co-operatives Act 1992, including sections 9 and 446 (the general regulation-making power).

Published in Gazette No 85 of 7 July 2000, page 6065	Page 1
[4]
2000 No 340
Clause 1	Co-operatives Amendment (Adoption of Provisions of Corporations Law) Regulation 2000

Co-operatives Amendment (Adoption of Provisions
of Corporations Law) Regulation 2000

1 Name of Regulation
This Regulation is the Co-operatives Amendment (Adoption of
Provisions of Corporations Law) Regulation 2000.

2 Amendment of Co-operatives Regulation 1997
The Co-operatives Regulation 1997 is amended as set out in
Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2000 No 340

Co-operatives Amendment (Adoption of Provisions of Corporations Law)

Regulation 2000

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Clause 23B
Insert after clause 23A:

23B Provisions regarding irregularities adopted for application to
co-operatives
For the purposes of section 9 (1) of the Act, section 1322 (1)–(3A) and (4)–(6) of the Corporations Law is adopted for application to co-operatives, subject to the following modifications:

(a)

references to “this Law” are to be read as including references to the Co-operatives Act 1992, and

(b)

a reference to a “corporation” is to be read as a reference to a co-operative, and

(c)

references to “the Court” are to be read as references to the Supreme Court, and

(d)

a reference to a meeting in section 1322 (3) is to be read as including a reference to a vote conducted by a postal ballot (including a special postal ballot), and

(e)

a reference in section 1322 (3) to the giving of notice of a meeting is to be read as including a reference to the giving of a disclosure statement or explanatory statement in relation to a matter the subject of a vote at a meeting or in relation to a matter the subject of a postal ballot (including a special postal ballot), and

(f)

the reference in section 1322 (3) to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in a postal ballot (including a special postal ballot), and

(g)

the reference in section 1322 (4) (b) to a register kept by the Commission under the Corporations Law is to be read as a reference to a register kept by the Registrar under the Co-operatives Act 1992.

BY AUTHORITY

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Co-operatives Act 1992 - Cooperatives Amendment (Adoption of Provisions of Corporations Law) Regulation 2000 (2000-340) [GG No 85 of 7.7.2000, p 6065] (NSW)

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(a)	references to “this Law” are to be read as including references to the Co-operatives Act 1992, and
(b)	a reference to a “corporation” is to be read as a reference to a co-operative, and
(c)	references to “the Court” are to be read as references to the Supreme Court, and
(d)	a reference to a meeting in section 1322 (3) is to be read as including a reference to a vote conducted by a postal ballot (including a special postal ballot), and
(e)	a reference in section 1322 (3) to the giving of notice of a meeting is to be read as including a reference to the giving of a disclosure statement or explanatory statement in relation to a matter the subject of a vote at a meeting or in relation to a matter the subject of a postal ballot (including a special postal ballot), and
(f)	the reference in section 1322 (3) to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in a postal ballot (including a special postal ballot), and
(g)	the reference in section 1322 (4) (b) to a register kept by the Commission under the Corporations Law is to be read as a reference to a register kept by the Registrar under the Co-operatives Act 1992.