Co-operatives (Infringement Penalties Amendment) Regulations 2007 (Vic)

Co-operatives (Infringement Penalties Amendment) Regulations 2007

S.R. No. 9/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Insertion of new regulation 46A

46AInfringement penalties

4New Schedule 9 inserted

SCHEDULE 9—Prescribed Infringement Penalties

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 9/2007

Co-operatives Act 1996

Co-operatives (Infringement Penalties Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 27 February 2007

Responsible Minister:

DANIEL ANDREWS
Minister for Consumer Affairs

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Co-operatives Regulations 1997 to prescribe penalties for infringement offences under the Co‑operatives Act 1996.

2Authorising provision

These Regulations are made under section 463 of the Co-operatives Act 1996.

3Insertion of new regulation 46A

After regulation 46 of the Co-operatives Regulations 1997[1] insert—

"46AInfringement penalties

(1)For the purposes of section 456B(2) of the Act, the prescribed infringement penalty for an offence against a provision specified in Column 2 of Schedule 9 is the amount specified in Column 4 of Schedule 9 in respect of that provision.

(2)A description of an offence in Column 3 of Schedule 9 is not to be taken to affect—

(a)the nature or elements of the offence to which the description refers; or

(b)the operation of these Regulations.".

4New Schedule 9 inserted

After Schedule 8 to the Co-operatives Regulations 1997 insert—

'__________________

SCHEDULE 9

PRESCRIBED INFRINGEMENT PENALTIES

Column 1 Item	Column 2 Provision of Act	Column 3 Description	Column 4 Prescribed infringement penalty
1.	s. 71	Failure to make available for inspection by board of directors list of shareholders or list of members	5 penalty units
2.	s. 75(2)	Failure to ensure name of person admitted to membership recorded in register within 28 days	5 penalty units
3.	s. 192(4)	Failure to give at least 28 days notice to Registrar of proposed special resolution before giving notice to members	5 penalty units
4.	s. 238(2)	Failure to keep financial records, statements and reports or failure to ensure that they are audited	5 penalty units
5.	s. 244(1)	Failure to keep proper register	5 penalty units
Column 1 Item	Column 2 Provision of Act	Column 3 Description	Column 4 Prescribed infringement penalty

6.	s. 246(6)	Failure to permit or assist member to inspect or copy document to which member entitled	5 penalty units
7.	s. 246(7)	Failure to keep prescribed documents with registers and make them available for inspection	5 penalty units
8.	s. 248	Failure to give notice that complies with s. 248(2) to Registrar of appointment or cessation of director, principal executive officer or secretary	5 penalty units
9.	s. 249	Failure to send to Registrar within the required period each year an annual report	5 penalty units
10.	s. 250	Failure to send to Registrar, on request, list of members and particulars	5 penalty units
11.	s. 251	Failure to furnish to Registrar, on request, special return	5 penalty units
12.	s. 252(4)	Body corporate registering under another Act by a name that includes the words "Co‑operative" or "Co-op"	5 penalty units
13.	s. 254(2)	Contravene s. 254(1) by failure to include name on seal, publications and business documents	5 penalty units
14.	s. 256(1)	Failure to have a registered office	5 penalty units
15.	s. 256(2)	Failure to display notice stating name of co-operative and identification as registered office at registered office	5 penalty units

Column 1 Item	Column 2 Provision of Act	Column 3 Description	Column 4 Prescribed infringement penalty
16.	s. 256(3)	Failure to give Registrar written notice of change of address of registered office	5 penalty units

17.	s. 376(1)	Failure by foreign co-operative to lodge with Registrar balance sheet within 6 months of end of each of its financial years	5 penalty units
18.	s. 409A	Failure by person who has lodged a document under this Act to keep the document for 7 years	7×5 penalty units

'.

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ENDNOTES

[1] Reg. 3: S.R. No. 103/1997.  Reprint No. 1 as at 16 March 2006.  Reprinted to S.R. No. 88/2004.