Cooperatives Regulation 2003 (ACT)

The case involved an application by the Australian Capital Territory (ACT) Cooperatives Regulator to the Supreme Court of the ACT under section 469 of the Cooperatives Act 2003 (ACT) to compel the provision of certain documents. The respondent, an Australian cooperative, had applied for registration as a foreign cooperative in the ACT. The court was required to determine whether the Registrar of Cooperatives was required to provide certain documents to the cooperative upon its registration and whether the Registrar was required to provide certain documents to the cooperative upon a change in its name.

The court held that the Registrar was required to provide the cooperative with a certified copy of its certificate of registration, a certified copy of its rules, a certified copy of its last audited accounts, a list giving the full name, date and place of birth and home address of each director of the cooperative, and the address of the cooperative’s registered office in the Territory. The court also held that the Registrar was not required to provide the cooperative with any other documents. The court found that the Registrar was not required to provide the cooperative with any documents upon a change in its name, as such documents were only required to be provided upon the cooperative’s initial registration.

The court made an order that the Registrar was required to provide the cooperative with the aforementioned documents upon its registration as a foreign cooperative in the ACT. The court also made an order that the Registrar was not required to provide the cooperative with any documents upon a change in its name.