Co-operatives National Law (ACT) Regulation 2017 (ACT)

Co-operatives National Law (ACT) Regulation 2017   

SL2017-11

made under the

Co‑operatives National Law (ACT) Act 2017

Republication No 2

Effective:  16 November 2017

Republication date: 16 November 2017

Last amendment made by A2017‑38

About this republication

The republished law

This is a republication of the Co-operatives National Law (ACT) Regulation 2017, made under the Co‑operatives National Law (ACT) Act 2017 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2017.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2017. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Co-operatives National Law (ACT) Regulation 2017

made under the

Co‑operatives National Law (ACT) Act 2017

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Unsuitable names for co‑operatives—the Law, s 220 (5), the regulation, reg 3.7        2

6            Exemption from restriction on corporations registering name including word ‘co‑operative’ or similar words—the Law, s 220 (7)  3

7           Exemption from restriction on use of word ‘co‑operative’ or similar words—the Law, s 225 (2)   4

8            Application for transfer—the Law, s 403 (b)  4

9            Procedures regarding giving of exemptions—the Law, s 621                5

10          Co‑operatives may continue to operate under old rules  5

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  10

5            Earlier republications  10

Co-operatives National Law (ACT) Regulation 2017

made under the

Co‑operatives National Law (ACT) Act 2017

1. Name of regulation

   This regulation is the Co-operatives National Law (ACT) Regulation 2017.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Unsuitable names for co‑operatives—the Law, s 220 (5), the regulation, reg 3.7

   For the Co‑operatives National Law (ACT), section 220 (5) (Name to include certain matter) and the Co‑operatives National Regulation (ACT), regulation 3.7 (Unsuitable names for co‑operatives), a name is unsuitable if the Registrar is satisfied that it is likely to mislead.

5. Exemption from restriction on corporations registering name including word ‘co‑operative’ or similar words—the Law, s 220 (7)

   For the Co‑operatives National Law (ACT), section 220 (7), a corporation is exempt from that Law, section 220 (4) if the corporation is—

   (a)a company that is permitted to use the expression ‘building society’, ‘credit union’ or ‘credit society’ under the Banking Act 1959 (Cwlth), section 66 (Restriction on use of certain words and expressions); or

   (b)a company that is a friendly society under the Life Insurance Act 1995 (Cwlth), section 16C (What is a friendly society?); or

   (c)a company or society formed or incorporated under an Act before 5 June 2003; or

   Note5 June 2003 is the day the Cooperatives Act 2002 commenced.

   (d)allowed under an Act to use any of the following words in its name:

   (i)‘co‑operative’;

   (ii)‘co‑op’;

   (iii)‘cooperative’;

   (iv)‘coop’; or

   (e)exempted, in writing, by the Registrar from the operation of the Co‑operatives National Law (ACT), section 220 (4).

6. Exemption from restriction on use of word ‘co‑operative’ or similar words—the Law, s 225 (2)

   For the Co‑operatives National Law (ACT), section 225 (2), a person is exempt from that Law, section 225 (1) if the person is—

   (a)a company that is permitted to use the expression ‘building society’, ‘credit union’ or ‘credit society’ under the Banking Act 1959 (Cwlth), section 66 (Restriction on use of certain words and expressions); or

   (b)a company that is a friendly society under the Life Insurance Act 1995 (Cwlth), section 16C (What is a friendly society?); or

   (c)a company or society formed or incorporated under an Act before 5 June 2003; or

   Note5 June 2003 is the day the Cooperatives Act 2002 commenced.

   (d)allowed under an Act to use any of the following words in its name:

   (i)‘co‑operative’;

   (ii)‘co‑op’;

   (iii)‘cooperative’;

   (iv)‘coop’; or

   (e)exempted, in writing, by the Registrar from the operation of the Co‑operatives National Law (ACT), section 225 (1).

7. Application for transfer—the Law, s 403 (b)

   For the Co‑operatives National Law (ACT), section 403 (b) (Application for transfer) the following legislation is prescribed:

   (a)the Associations Incorporation Act 1991;

   (b)the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);

   (c)any legislation of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.

8. Procedures regarding giving of exemptions—the Law, s 621

   For the Co‑operatives National Law (ACT), section 621 (Procedures regarding giving of exemptions) an application for an exemption must be made—

   (a)in writing; and

   (b)a reasonable time before the event, or the occurrence of the matter, for which the exemption is sought.

9. Co‑operatives may continue to operate under old rules

   (1)A co‑operative may continue to operate under the rules applying to the co‑operative that were in force immediately before the commencement of the Act, section 3 (the old rules).

   (2)However, if a co‑operative is operating under the old rules—

   (a)if there is an inconsistency between a provision of the old rules and a provision of the new law, the provision of the new law prevails; and

   (b)a reference in the old rules to a requirement in the Cooperatives Act 2002 or the Cooperatives Regulation 2003 (a former requirement) is to be read as a reference to the requirement in the new law that substantially corresponds to the former requirement; and

   (c)a reference in the old rules to—

   (i)a trading cooperative is to be read as a reference to a distributing co‑operative; and

   (ii)a non‑trading cooperative is to be read as a reference to a non‑distributing co‑operative.

   (3)In this section:

   new law means the following:

   (a)the Act;

   (b)this regulation;

   (c)the Co‑operatives National Law (ACT);

   (d)the Co‑operatives National Regulation (ACT).

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     corporation

·     Co‑operatives National Law (ACT)

·     Co‑operatives National Regulation (ACT)

·     GST

·     person (see s 160).

Note 3Terms used in this regulation have the same meaning that they have in the Co‑operatives National Law (ACT) Act 2017 (see Legislation Act, s 148). For example, the following term is defined in the Co‑operatives National Law (ACT) Act 2017, s 9:

·     Registrar.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Co-operatives National Law (ACT) Regulation 2017 SL2017-11

   notified LR 28 April 2017
   s 1, s 2 commenced 28 April 2017 (LA s 75 (1))
   remainder commenced 1 May 2017 (s 2 and see Co-operatives National Law (ACT) Act 2017 A2017-8 s 2)

   as amended by

   Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 5

   notified LR 9 November 2017
   s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
   pt 5 commenced 16 November 2017 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Prescribed fees

   s 11om A2017‑38 s 16

   Prescribed fees

   sch 1om A2017‑38 s 17

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 May 2017	1 May 2017‑ 15 Nov 2017	not amended	new regulation