South Australian Co-operative and Community Housing Act 1991 (SA)
South Australia
South Australian Co-operative and Community Housing Act 1991
An Act to make provision for the registration, incorporation and regulation of housing co‑operatives; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Statutory price
5 Financial year
6Exclusion of operation of Corporations Act 2001 of the Commonwealth
Part 2—Administration
Division 1—The Minister
6A Functions and powers of Minister
7 Power of Minister to delegate
Division 3—Functions and powers of SAHT
16 Functions and powers of SAHT
17 Delegation
Division 5—Operational, property and financial matters
18A Transfer of property etc
18B Tax and other liabilities
18C Dividends
19 Accounts and audit
20 Annual report
Division 6—Registers and inspection
21 Registers and inspection
Part 3—Registration of housing co-operatives
Division 1—Registration and incorporation
22 Registration
23 Incorporation
24 Rights and liabilities of members
Division 2—Amalgamation
25 Amalgamation
Division 3—Rules
26 Status of rules
27 Alteration of rules
Division 4—Powers
28 Powers of a registered housing co-operative
Division 5—Transactions
29 Manner in which contracts may be made
30 Limitation of doctrine of ultra vires
31 Abolition of doctrine of constructive notice in relation to registered housing co-operatives
Part 4—Membership
Division 1—The nature of membership
32 Application for membership
33 Voting rights of members
34 Membership fees
35 Obligations of membership
36 Control of payments to members etc
Division 2—Application of rules of natural justice
37 Rules of natural justice to apply in relation to any dispute
Part 5—Management
Division 1—The committee of management
38 Management of registered housing co-operative
39 Qualification of a committee member and vacation of office
40 Appointment of committee members
41 Validity of acts of committee members
42 Conflict of interest
43 Meetings of a committee of management
Division 2—Duties and liabilities of officers and employees
44 Duties and liabilities of officers and employees
Division 3—Meetings of a co-operative
45 Meetings of a co-operative
Division 4—Accounts and audit
46 Accounting records to be kept
47 Preparation of accounts and audit
48 Accounts and reports to be laid before annual general meeting
Division 5—Miscellaneous
49 Returns and other information
50 Right of inspection
Part 6—Investment shares
Division 1—Issue of shares
51 Issue of investment shares
52 Share capital account
53 Co-operative financing dealings in its shares etc
Division 2—Title to shares
54 Numbering of share allotments
55 Share certificates
56 Loss or destruction of certificates
Division 3—Redemption or cancellation of shares
57 Redemption of investment shares
58 Cancellation of shares
Division 4—Miscellaneous
59 Restriction on offering shares etc for public subscription
60 Prohibition of charges on shares
61 Validation of share improperly issued
Part 7—Funding
Division 1—Preliminary
62 Interpretation
Division 3—Financial transactions
64 Financial transactions
Division 4—Statutory charge
65 Creation of charge
66 Enforcement of charge
67 Creation of option
68 Paying out the charge
Part 8—Powers of investigation
69 Appointment of authorised officers
70 Powers of investigation
Part 9—Special powers of intervention
71 Grounds for intervention
72 Appointment of administrator
Part 10—Compromise, winding up, transfer of activities and dissolution
73 Power to compromise with creditors
74 Winding up
75 Appeals from decisions of receivers, liquidators, managers etc
76 Transfer of activities
77 Distribution of assets on winding up
78 Defunct co-operatives
79 Outstanding property of former co-operative
80 Disposal of outstanding property
81 Removal of name from register
82 Offences
83 Assistance to tenants
Part 11—Appeals
84 Appeals
Part 12—Miscellaneous
85 Tenancy agreements must be in writing
86 Special provision relating to borrowing of money
87 Restrictions on shares
88 Persons under disability
89 Transfer of incorporated associations to this Act
90 Use of abbreviation "Inc."
91 Misrepresentation as to registration under this Act
92 Power to reject documents etc
93 False or misleading statements
94 General power to grant extensions and exemptions
95 Ability of Minister to convene special meetings of co-operatives
96 Evidentiary provision
97 Service on registered housing co-operatives
98 Failure to supply appropriate information
99 Continuing offences
100 Default on the part of officers
101 General defence
102 Proceedings for offences
103 Government guarantee
104 Remission from taxes etc
105 Fees in respect of lodging documents
106 Rule against perpetuities
107 Regulations
Schedule 1—Housing associations
1 Interpretation
2 Registration
3 Property and borrowings
4 Accounts and audit
5 Returns and other information
6 Right of inspection
7 Financial transactions
8 Statutory charge
9 Powers of investigation
10 Special powers of intervention
11 Winding up
12 Removal of name from register
13 Assistance to tenants
14 Appeals
15 Miscellaneous
16 Regulations
Schedule 2—Associated land owners
1 Financial transactions
2 Creation of statutory charge
3 Enforcement of statutory charge
4 Creation of option
5 Powers of investigation
6 Appeals
7 Service on associated land owners
8 Remission from taxes etc
9 Misrepresentation as to being associated land owner
10 Miscellaneous
11 Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the South Australian Co-operative and Community Housing Act 1991.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
accounting records includes—
(a)invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry; and
(b)such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;
associate of a person means—
(a)a body corporate of which the person is a director or a member of the governing body; or
(b)a proprietary company in which the person is a shareholder; or
(c)a beneficiary under a trust or an object of a discretionary trust of which the person is a trustee; or
(d)a partner of the person (the partnership being a partnership within the meaning of the Partnership Act 1891); or
(e)an employer or employee of the person; or
(f)a spouse of the person; or
(g)a person (not being a spouse) with whom the person lives on a permanent domestic basis; or
(h)a parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, step-brother, step-sister, uncle, aunt, nephew, niece or first-cousin of the person;
associated land owner, in relation to a registered housing association, means the registered proprietor of land that is leased by the registered housing association for the purposes of providing housing;
capital value means—
(a)a value determined in accordance with regulations made for the purposes of this definition; or
(b)if no such regulations are made—capital value defined in the Valuation of Land Act 1971;
Chief Executive means the Chief Executive of the Department and includes the person for the time being acting in that position;
committee member of a registered housing co-operative means any person occupying or acting in the position of member of the committee of management of the co‑operative;
committee of management means a committee of management of a registered housing co-operative;
current market value, in relation to property, means the price that could reasonably be expected to be obtained on a sale of the property (free of encumbrances) on the open market;
Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act;
financial statements means accounts of income and expenditure, and balance sheets, and includes such statements, reports and notes (other than auditors' reports) as are attached to, or intended to be read with, any of those accounts or balance sheets;
housing association means an association—
(a)which is formed principally to provide housing accommodation (not necessarily for its members); and
(b)which does not trade for profit;
housing co-operative means an association which is formed—
(a)on the basis of the principles of co-operation; and
(b)principally to provide housing accommodation to its members;
investment share means a share issued by a registered housing co-operative under Part 6;
issue, in relation to an investment share, includes allot;
officer, in relation to a registered housing co-operative, means a committee member or executive officer of the co-operative;
principles of co-operation see subsection (2);
property of a housing association—see subsection (6);
registered housing association means a housing association registered under Schedule 1;
the rules of a co-operative means the constitution, rules and by-laws of the co‑operative;
SAHT means the South Australian Housing Trust and includes a subsidiary of the South Australian Housing Trust;
secondary co-operative means an association or society formed (wholly or in part) on the basis of the principles of co-operation to provide support or assistance to registered housing co-operatives and includes an association or society formed by two or more registered housing co-operatives for their mutual benefit;
special resolution, in relation to a registered housing co-operative, means a resolution as to which the following conditions are satisfied:
(a)at least 14 days written notice, setting out the terms of the proposed resolution, is given to all members of the co-operative; and
(b)the resolution is supported at a duly convened meeting of the co-operative by not less than three-quarters of those members of the co-operative who, being entitled to do so, exercise a vote at the meeting;
statutory corporation means a body established under the Housing and Urban Development (Administrative Arrangements) Act 1995;
statutory price see section 4;
subsidised co-operative means a registered housing co-operative any real property of which is subject to a charge under Part 7;
tenancy agreement means any agreement, whether express or implied, under which a member of a registered housing co-operative is granted by the co-operative a right to occupy, whether exclusively or otherwise, and whether immediately or at some time in the future, any residential premises or proposed residential premises (or part of such premises) for the purposes of residence;
tenant-member of a registered housing co-operative means—
(a)a member of the co-operative who has entered into a tenancy agreement with the co-operative; or
(b)a person whose application for membership of the co-operative as a tenant‑member has been accepted;
unanimous resolution, in relation to a registered housing co-operative, means a special resolution of the co-operative passed without any dissentient vote.
(2)An association will, for the purposes of this Act, be regarded as having been formed on the basis of the principles of co-operation if the following conditions are satisfied:
(a)membership of the association must be voluntary and available without artificial restriction or any discrimination based on sex, sexuality, marital status, pregnancy, race, physical or intellectual impairment, age or political opinion to all who can make use of its services and are willing to accept the responsibilities of membership; and
(b)the affairs of the association must be administered on a fair and democratic basis by persons who are elected or appointed by the members of the association and who are accountable to them; and
(c)no dividend may be declared on shares in the association; and
(d)any surplus or savings arising from the operations of the association must belong to the members of the association and must be distributed in such a way that no member gains at the expense of others; and
(e)the association should support the education of its members, officers and employees, and of the general public, in the principles and practices of co‑operation (both economic and democratic); and
(f)the association should, in the interests of its members and the community, actively co-operate in every practical way with similar associations at the local, national and international level.
(3)An association will not, for the purposes of this Act, be regarded as not complying with the principles of co-operation by virtue only of the fact that membership of the association is limited, on a genuine and reasonable basis, to—
(a)persons of one sex; or
(b)persons of a particular marital status; or
(c)persons who have a particular disability or impairment; or
(d)persons of a particular age group.
(4)Subject to subsection (5), a housing co-operative of which—
(a)a principal or subsidiary object is to secure a pecuniary profit for all or any of its members; or
(b)a principal or subsidiary object is to engage in trade or commerce,
is not, unless the Minister otherwise approves, eligible to be registered under this Act.
(5)A housing co-operative will not, for the purposes of this Act, be regarded as having as a principal or subsidiary object the securing of a pecuniary profit for any of its members or engaging in trade or commerce by reason only of any one or more of the following circumstances:
(a)the co-operative itself makes a pecuniary profit;
(b)the co-operative subsidises rents or other outgoings payable by its members;
(c)the co-operative buys, sells, improves or otherwise deals with land or houses to provide more, or improved, housing accommodation for its members;
(d)the co-operative enters into transactions intended to provide financial support to the co-operative in a manner that is directly related to the provision of housing accommodation.
(6)For the purposes of this Act, a reference to property or premises of, or held by, a housing association includes a reference to property or premises of an associated land owner leased by the housing association for the purposes of providing housing.
4—Statutory price
(1)The statutory price is the amount payable to the holder of investment shares in a registered housing co-operative when those shares are redeemed or cancelled under this Act.
(2)Subject to the regulations—
(a)where investment shares have been issued in relation to a particular residential property—the statutory price must be an amount that bears the same relationship to the issue price of the shares as the capital value of the property at the time of redemption or cancellation bears to the capital value of the property at the time of issue; and
(b)where investment shares have been issued in relation to the real property of the co-operative generally—the statutory price must be an amount that bears the same relationship to the issue price of the shares as the average capital value of all real property of the co-operative at the time of redemption or cancellation bears to the average capital value of all real property of the co‑operative at the time of issue.
(3)For the purposes of this Act, the statutory price must be calculated in relation to whole parcels of investment shares.
5—Financial year
(1)The period from 1 July to the following 30 June is the financial year for a registered housing co-operative.
(2)If a housing co-operative is registered (otherwise than as a result of an amalgamation) on a day falling between 1 January and 30 June in any year, its first financial year may, if the co-operative so elects, extend to 30 June in the following year.
6—Exclusion of operation of Corporations Act 2001 of the Commonwealth
(1)The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies:
(a)a registered housing co-operative;
(b)any act or omission of any person, body or other entity in relation to a registered housing co-operative.
(2)The regulations may declare any matter relating to registered housing co-operatives to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to any provision of the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies that does not apply to registered housing co-operatives as a law of the Commonwealth (including by virtue of subsection (1)), with such modifications (within the meaning of Part 3 of the Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.
Part 2—Administration
Division 1—The Minister
6A—Functions and powers of Minister
(1)The functions of the Minister include—
(a)to take action (so far as may be appropriate) to support the activities and promote the best interests of housing co-operatives and housing associations;
(b)to promote the development of co-operative or community housing in this State;
(c)to register housing co-operatives and housing associations under this Act and to oversee and regulate the activities of those co-operatives and associations;
(d)to arrange for the provision of administrative, managerial, educational and other services to registered housing co-operatives, secondary co-operatives and registered housing associations to ensure so far as practicable that they perform their activities efficiently and effectively;
(e)to undertake, commission or sponsor research, educational and training programmes relating to co-operative or community housing;
(f)to publicise the activities of housing co-operatives and housing associations and disseminate information and statistics on co-operative and community housing;
(g)to develop links and encourage communication between housing co-operatives, housing associations and other bodies or organisations that are interested in the activities of the co-operative and community housing sector;
(h)to promote the active involvement of people in the development of co-operative and community housing.
(2)The Minister must prepare and publish guidelines to assist housing co-operatives that are registered under this Act (and the members of such co-operatives) to understand their rights and responsibilities under this Act.
(3)The Minister has such powers as are contemplated by this Act or necessary or expedient for the effective performance of the Minister's powers.
7—Power of Minister to delegate
(1)The Minister may delegate any of the Minister's functions or powers under this Act—
(a)to SAHT; or
(b)to a particular person or body; or
(c)to the person for the time being occupying a particular office or position.
(2)A delegation under this section—
(a)may be absolute or conditional; and
(ab)if the instrument of delegation so provides, may be further delegated by the delegate; and
(b)does not derogate from the power of the Minister to act personally in any matter; and
(c)is revocable at will by the Minister.
(3)In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.
Division 3—Functions and powers of SAHT
16—Functions and powers of SAHT
(1)The functions of SAHT include—
(a)to assist the Minister in connection with the administration of this Act and to exercise statutory powers conferred by this Act;
(b)to report to the Minister, on its own initiative or when requested to do so by the Minister, on any matter relating to housing co-operatives or housing associations;
(d)to ensure the full and proper accountability of any housing co-operative, secondary co-operative or housing association that receives funds or other forms of assistance from SAHT or another government agency or instrumentality;
(h)to manage funds that come under SAHT's control in connection with the operation of this Act;
(k)to liaise with other government agencies or instrumentalities that provide assistance or services to housing co-operatives or housing associations, or that are otherwise involved in the housing sector;
(n)to perform other functions assigned to SAHT by or under this Act or by the Minister.
(2)Except in relation to the provision of advice and reports to the Minister, SAHT will, in the performance of its functions under this Act, be subject to the control and direction of the Minister.
(3)SAHT may establish such committees (including advisory committees or subcommittees) as it thinks fit to assist it in the performance of its functions under this Act.
(4)For the purposes of this Act, SAHT may—
(a)with the consent of the Minister—
(i)establish and operate accounts with financial institutions;
(ii)invest money held by it;
(iii)borrow money;
(iv)issue, sell, purchase, pay-off, redeem, convert or otherwise deal in or with securities or shares;
(v)enter into contracts of guarantee;
(b)acquire, hold, deal with and dispose of real and personal property;
(c)enter into agreements and arrangements of any kind and acquire or incur rights or liabilities;
(d)charge fees in relation to the provision of services by SAHT in connection with the operation of this Act;
(e)exercise any other powers that are contemplated by this Act or necessary or expedient for the efficient and effective performance of SAHT's functions under this Act.
(5)SAHT may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality.
17—Delegation
(1)SAHT may, by instrument in writing, delegate any of SAHT's functions or powers under this Act—
(c)to a particular person or body; or
(d)to the person for the time being occupying a particular office or position.
(2)A delegation under this section—
(a)may be absolute or conditional; and
(ab)if the instrument of delegation so provides, may be further delegated by the delegate; and
(b)does not derogate from the power of SAHT to act in any matter; and
(c)is revocable at will by SAHT.
Division 5—Operational, property and financial matters
18A—Transfer of property etc
(1)The Minister may with the concurrence of the Treasurer, by notice in the Gazette—
(a)transfer an asset, right or liability of the Minister to SAHT;
(b)transfer an asset, right or liability of SAHT—
(i)to the Minister; or
(ii)to a statutory corporation; or
(iv)to the Crown, or to another agent or instrumentality of the Crown; or
(v)in prescribed circumstances, subject to prescribed conditions (if any), and with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown.
(2)A notice under subsection (1) may make other provisions that in the opinion of the Minister are necessary or expedient in connection with the relevant transfer.
(3)However, the Minister must not act under subsection (1)(b) if to do so would contravene an express agreement entered into by the Minister that limits the Minister's powers in relation to SAHT under this Act.
18B—Tax and other liabilities
(1)The Treasurer may require SAHT to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines to be equivalent in effect to income tax and other taxes or imposts that SAHT does not pay to the Commonwealth in connection with its activities under this Act but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company.
(2)Amounts determined to be payable under subsection (1) must be paid by SAHT at the times and in the manner determined by the Treasurer.
18C—Dividends
(1)If the Minister requires SAHT to comply with this section, SAHT must, before the end of each financial year, recommend to the Minister that SAHT pay a specified dividend, or not pay a dividend, for that financial year in connection with its activities under this Act, as SAHT considers appropriate.
(2)The Minister may, in consultation with the Treasurer, by notice to SAHT—
(a)approve a recommendation of SAHT under subsection (1); or
(b)determine that a dividend or dividends specified by the Minister be paid, or that no dividend be paid,
as the Minister and the Treasurer consider appropriate.
(3)If a dividend or dividends is or are to be paid by SAHT, the dividend or dividends must be paid by SAHT to the Minister in the manner and at the time or times determined by the Minister in consultation with the Treasurer.
(4)If the Minister receives an amount from SAHT under this section the Minister may, in consultation with the Treasurer—
(a)allocate that amount, or any part of that amount, in a manner determined by the Minister; or
(b)pay that amount, or any part of that amount, for the credit of the Consolidated Account.
(5)A recommendation under this section must be made by SAHT itself and may not be made by a person or committee pursuant to a delegation.
19—Accounts and audit
(1)SAHT must establish and maintain effective internal auditing of its operations under this Act.
(2)SAHT must keep proper accounting records of its financial affairs under this Act, and must have annual statements of accounts prepared in respect of each financial year.
(3)Subject to subsection (4), the accounts of SAHT under this Act (and related financial information) may be included as part of the accounts of SAHT under the South Australian Housing Trust Act 1995.
(4)The accounting records and statements of accounts must comply with any applicable instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987.
(5)The Auditor-General may at any time audit the accounts of SAHT and must audit the annual statement of accounts (which may, if relevant, be undertaken as part of the annual audit of accounts under the South Australian Housing Trust Act 1995).
20—Annual report
(1)The Minister must on or before 30 September in each year cause a report to be prepared on the operation and administration of this Act for the financial year ending on the preceding 30 June.
(2)The report must incorporate the audited accounts and financial statements of SAHT that are relevant to the operation of this Act (which may be combined with the accounts and financial statements of SAHT under the South Australian Housing Trust Act 1995).
(3)The report may be combined with the annual report of the Minister under the South Australian Housing Trust Act 1995.
(4)The Minister must have copies of the report laid before both Houses of Parliament within 12 sitting days after the report is prepared.
Division 6—Registers and inspection
21—Registers and inspection
(1)For the purposes of this Act, the Minister must keep, or cause to be kept, in such form as the Minister considers appropriate—
(a)a register of housing co-operatives registered under this Act; and
(ab)a register of housing associations registered under this Act; and
(b)such other registers as the Minister considers appropriate.
(2)Subject to the regulations, a person may, on payment of the prescribed fee—
(a)inspect a register under this Act; or
(b)inspect any document registered by, or filed or lodged with, the Minister under this Act; or
(c)obtain from the Minister—
(i)a certified copy of, or extract from, an entry in a register kept under this Act; or
(ii)a certified copy of a certificate of incorporation issued under this Act; or
(iii)a certified copy of, or extract from, any document registered by, or filed or lodged with, the Minister under this Act.
(3)If the Minister adopts a system of record keeping that involves the making or reproductions or transparencies of certificates or other documents—
(a)the Minister cannot be required to produce the document from which the reproduction or transparency was made; and
(b)any such reproduction or transparency is equivalent to an original; and
(c)a copy produced from the reproduction or transparency is to be regarded as a copy of the original.
Part 3—Registration of housing co-operatives
Division 1—Registration and incorporation
22—Registration
(1)A person duly authorised by a housing co-operative may apply to the Minister for the registration of the housing co-operative under this Act.
(2)The application must be made in the prescribed manner and form and must be accompanied by—
(a)a copy of the rules of the co-operative (other than by-laws); and
(b)a statutory declaration made by the applicant verifying—
(i)that he or she is authorised by the co-operative to apply for registration; and
(ii)the particulars contained in the application; and
(iii)that the copy of the rules of the co-operative which accompanies the application is a true copy (disregarding by-laws); and
(c)the prescribed fee.
(3)The applicant must, at the request of the Minister, supply the Minister with such further documents or information as the Minister may require.
(4)Where the Minister is satisfied—
(a)that the application has been made in accordance with this section; and
(b)that the co-operative is eligible to be registered as a housing co-operative under this Act,
the Minister must, subject to subsection (5), register the co-operative and its rules and issue a certificate of incorporation in respect of the co-operative.
(5)The Minister may decline to register a co-operative under this Act if, in the Minister's opinion—
(a)it would not be in the public interest to register the co-operative under this Act; or
(b)it would be more appropriate for the co-operative to be registered under some other Act; or
(c)the rules of the co-operative fail to conform with the provisions of this Act; or
(d)the rules of the co-operative contain unreasonable provisions affecting the rights of members; or
(e)the co-operative is not to be managed by tenant-members of the co-operative; or
(f)there is some other good reason why the co-operative should not be registered under this Act.
23—Incorporation
(1)On the issue of a certificate of incorporation under this Act in respect of a housing co‑operative—
(a)the co-operative becomes a body corporate—
(i)with the corporate name set forth in the certificate of incorporation (in which the word "Incorporated" must appear as part, and at the end, of the name); and
(ii)with, subject to this Act and the rules of the co-operative, full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate; and
(b)all real and personal property held by any person for or on behalf of the co‑operative vests in the co-operative (subject to any trusts that may affect that property); and
(c)all rights and liabilities (whether certain or contingent) exercisable against the members or officers of the co-operative in their capacity as such immediately before the incorporation of the co-operative become rights and liabilities of the registered housing co-operative.
(2)The Registrar-General must—
(a)on the application of a co-operative in which any estate or interest in land has vested by virtue of this section; and
(b)on production of such duplicate instruments of title and other documents as the Registrar-General may require,
register the vesting of that estate or interest in land in the co-operative.
(3)The vesting of property in a co-operative under this section, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.
24—Rights and liabilities of members
(1)Except as may be provided by the rules of the co-operative, a member of a registered housing co-operative is not liable to contribute towards the payment of the debts and liabilities of the co-operative or the costs, charges and expenses of a winding up of the co-operative.
(2)Subsection (1) does not apply in respect of debts or liabilities incurred by or on behalf of the co-operative prior to incorporation.
Division 2—Amalgamation
25—Amalgamation
(1)Any two or more registered housing co-operatives—
(a)may, by special resolution passed by each co-operative, resolve to amalgamate; and
(b)may apply to the Minister for amalgamation as a single registered housing co-operative.
(2)An application under subsection (1) must be made in the prescribed manner and form and must be accompanied by—
(a)a copy of the special resolution passed by each of the registered housing co‑operatives supporting the amalgamation; and
(b)a copy of the rules of the co-operative proposed to be formed by the amalgamation (other than by-laws); and
(c)such certificates and other documents as may be prescribed; and
(d)the prescribed fee.
(3)The applicants must, at the request of the Minister, supply the Minister with such further documents or information as the Minister may require.
(4)Where the Minister is satisfied—
(a)that the application has been made in accordance with this section; and
(b)that the co-operative proposed to be formed by the amalgamation is eligible to be registered under this Act,
the Minister must, subject to subsection (5), register the co-operative and its rules and issue a certificate of incorporation in respect of the co-operative.
(5)The Minister may decline to register a co-operative under this section if, in the Minister's opinion—
(a)it would be more appropriate for the proposed registered co-operative to be registered under some other Act; or
(b)the rules of the co-operative fail to conform with the provisions of this Act; or
(c)the rules of the co-operative contain unreasonable provisions affecting the rights of members; or
(d)there is some other good reason why the proposed registered co-operative should not be registered under this section.
(6)Upon registration of a co-operative under subsection (4)—
(a)the co-operative becomes a body corporate—
(i)with the corporate name set forth in the certificate of incorporation (in which the word "Incorporated" must appear as part, and at the end, of the name); and
(ii)with, subject to this Act and the rules of the co-operative, full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate; and
(b)any registered housing co-operative that was a party to the application for amalgamation is dissolved; and
(c)the property of the co-operatives that were parties to the application for amalgamation becomes the property of the registered housing co-operative formed by the amalgamation; and
(d)the rights and liabilities (whether certain or contingent) of the co-operatives that were parties of the application for amalgamation become rights and liabilities of the registered housing co-operative formed by the amalgamation.
(7)The Registrar-General must—
(a)on the application of a co-operative in which any estate or interest in land has vested by virtue of this section; and
(b)on production of such duplicate instruments of title and other documents as the Registrar-General may require,
register the vesting of that estate or interest in land in the co-operative.
(8)The vesting of property in an amalgamated co-operative under this section, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.
Division 3—Rules
26—Status of rules
(1)The rules of a registered housing co-operative bind—
(a)the co-operative; and
(b)the members of the co-operative; and
(c)insofar as they affect the occupation of premises of the co-operative (and as may otherwise be appropriate)—occupiers of those premises who are not members of the co-operative.
(2)The rules of a registered housing co-operative (other than by-laws) must not contain any provision that is contrary to or inconsistent with this Act.
(3)The by-laws of a registered housing co-operative must not contain any provision that is contrary to or inconsistent with—
(a)this Act; or
(b)the rules of the co-operative (as registered under this Act).
27—Alteration of rules
(1)Where it is intended to alter the rules of a registered housing co-operative—
(a)the alteration must be approved—
(i)if another provision of this Act so provides—by a unanimous resolution of the co-operative;
(ii)in any other case—by a special resolution of the co-operative; and
(b)the notice of the intention to propose the resolution must be accompanied by a memorandum that states, in relation to each rule that would be altered if the resolution were passed—
(i)the reason for the proposed alteration; and
(ii)the effect of the proposed alteration.
(2)Where a registered housing co-operative has, under subsection (1), resolved to alter its rules, it must apply to the Minister, not later than one month after passing the resolution, for registration of the proposed alteration.
Maximum penalty: $5 000.
(3)An application for registration of a proposed alteration of the rules of a registered housing co-operative—
(a)must be in a form approved by the Minister; and
(b)must have annexed to it—
(i)a copy of the appropriate resolution of the co-operative; and
(ii)a copy of the explanatory memorandum required under subsection (1)(b); and
(c)must be accompanied by the prescribed fee.
(4)Subject to subsection (5), the Minister will, if satisfied that the proposed alteration complies with the requirements of this Act, register the alteration.
(5)The Minister may decline to register a proposed alteration if, in the Minister's opinion—
(a)the alteration contains an unreasonable provision affecting the rights of members of the co-operative; or
(b)the Minister considers that there is some other good reason why the alteration should not be allowed.
(6)An alteration of the rules does not take effect until it has been registered in accordance with this section.
(7)A reference in this section to the rules of a co-operative does not extend to the by-laws of the co-operative.
Division 4—Powers
28—Powers of a registered housing co-operative
(1)A registered housing co-operative may, subject to this Act and its rules—
(a)acquire, hold, deal with and dispose of real and personal property; and
(b)administer property on trust; and
(c)establish and operate accounts with financial institutions; and
(d)invest its moneys in any manner authorised by the rules of the co-operative or agreed to by the Minister; and
(e)borrow money; and
(f)give such security for the discharge of liabilities incurred by the co-operative as the co-operative thinks fit; and
(g)enter into contracts of employment and appoint agents to act on its behalf; and
(h)enter into any other contract or transaction it considers necessary or desirable; and
(i)do any other thing that is contemplated by this Act, authorised by the regulations or the rules of the co-operative, or necessary or expedient for the purpose of carrying out its objects.
(2)A registered housing co-operative cannot dispose of real property unless authorised by special resolution of the co-operative.
(3)A reference in subsection (1) to the rules of the co-operative does not extend to the by‑laws of the co-operative.
(4)A registered housing co-operative must not allow its borrowings at any particular time to exceed, in total, an amount equal to the current market value of all of its properties.
(5)A contravention of subsection (4) does not affect the rights of any person who has lent money to the co-operative.
Division 5—Transactions
29—Manner in which contracts may be made
Contracts may be made by or on behalf of a registered housing co-operative as follows:
(a)under the co-operative's common seal;
(b)in the case of a written contract—under the signature of a person with express or implied authority to enter into the contract on the co-operative's behalf;
(c)in the case of an oral contract—by oral agreement made on behalf of the co-operative by a person with express or implied authority to enter into the contract on the co-operative's behalf.
30—Limitation of doctrine of ultra vires
(1)A contract made with a registered housing co-operative is not invalid by reason of any deficiency in the capacity of the co-operative to enter into, or carry out, the contract unless the person contracting with the co-operative has actual notice of the deficiency.
(2)A registered housing co-operative that enters into a contract that would, but for the provisions of subsection (1), be invalid is empowered to carry out the contract.
(3)This section does not prejudice an action by a member of a registered housing co‑operative to restrain the co-operative from entering into a transaction that lies beyond the powers conferred on the co-operative by or under this Act or its rules.
31—Abolition of doctrine of constructive notice in relation to registered housing co-operatives
It will not be presumed that a person dealing with a registered housing co-operative has notice of the rules of the co-operative, or of any other document registered by, or lodged with, the Minister in relation to the co-operative.
Part 4—Membership
Division 1—The nature of membership
32—Application for membership
(1)Applications for membership in a registered housing co-operative must be made in accordance with the rules of the co-operative.
(2)The rules of a registered housing co-operative may, with the approval of the Minister, provide for different classes of membership (including one or more classes comprised of, or including, persons who are not tenants of the co-operative).
(3)A body corporate may, if the rules of a registered housing co-operative so provide, become a non-tenant-member of the co-operative.
(4)A corporate member may, by instrument in writing (a copy of which must be served on the co-operative), appoint a natural person to represent it at any meeting of the members of the co-operative.
(5)Subject to the rules of the co-operative, a person appointed under subsection (4) is entitled to exercise the same rights of voting as a member of the co-operative.
33—Voting rights of members
(1)Subject to this Act and the rules of a registered housing co-operative, each member of the co-operative who is present personally at a meeting of the co-operative is entitled to one vote, and no more than one vote, on any question arising for decision at that meeting.
(2)No rule of a registered housing co-operative that has the effect of conferring on a member a right to more than one vote, or denying or limiting a member's right to vote, on a question arising at a meeting of the co-operative, is valid unless specifically approved by the Minister.
(3)The rules of a registered housing co-operative may, with the approval of the Minister, make provision with respect to the appointment of proxies by members of the co-operative, and the ability of those proxies to attend and vote at meetings of the co-operative.
(4)This section does not prevent a member who has been appointed to represent a corporate member of the co-operative, or who is otherwise entitled to act on behalf of another member, from voting both as a member and in his or her representative capacity.
34—Membership fees
(1)The rules of a registered housing co-operative may provide for the imposition of membership fees.
(2)The rules may provide for different levels of fees according to different classes of membership.
(3)Subject to subsections (4) and (5), a member is not entitled to vote on any question arising for decision at a meeting of the co-operative unless his or her membership fees have been paid.
(4)Subsection (3) does not apply—
(a)if a unanimous resolution is required; or
(b)if the co-operative has resolved that the member can exercise a vote notwithstanding that his or her fees have not been paid.
(5)A co-operative may, in an appropriate case, remit the membership fee payable by a person wholly or in part.
35—Obligations of membership
In addition to the other obligations imposed by this Act, or by the rules of the co‑operative, a member of a registered housing co-operative must—
(a)take reasonable steps to support the objects of the co-operative;
(b)comply with the rules of the co-operative, and insofar as those rules require the member to perform any function as a member of the co-operative, perform that function with reasonable care and diligence;
(c)attend meetings of the co-operative whenever it is reasonably practicable to do so;
(d)undertake such other tasks and discharge such other obligations of membership as may be reasonably required by the co-operative.
36—Control of payments to members etc
(1)Except as authorised by or under this or any other Act, by order of a court or tribunal, or by determination of the Minister, a registered housing co-operative must not make a gift or payment, or grant a benefit, to—
(a)a member of the co-operative; or
(b)a person who is an associate of a member of the co-operative.
(2)Subsection (1) does not prevent—
(a)any payment relating to a share held by a member;
(b)reasonable payments to a person for services provided to the co-operative by the person, other than where those services are provided by the person in his or her capacity as a member of the co-operative;
(c)the reimbursement of costs or expenses incurred by a person on behalf of the co-operative;
(d)any payment made to discharge (wholly or in part) any liability of the co‑operative to the person to whom the payment is made;
(e)any payment due under a tenancy agreement;
(f)any reasonable subsidisation of rent, or the provision of a benefit through a rent-relief programme in a case of need;
(g)the grant or renewal of a tenancy;
(h)the making of a payment or the granting of a benefit authorised by the regulations.
(3)In this section—
member of a co-operative includes a former member of the co-operative.
(4)If a co-operative contravenes subsection (1), the co-operative is not guilty of an offence but each officer of the co-operative is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5)Where—
(a)a person is convicted of an offence against subsection (4); and
(b)the court by which the person is convicted is satisfied that the co-operative or another person has suffered loss or damage as a result of the act or omission that constituted the offence,
the court may, in addition to imposing a penalty under that subsection—
(c)order the convicted person to pay compensation to the co-operative or other person, as the case may be, of such amount as the court specifies;
(d)order the convicted person to undertake, in accordance with the terms of the order, specified work for the benefit of the co-operative.
(6)Where a person contravenes or fails to comply with a provision of this section and a co-operative suffers loss or damage as a result of the contravention or failure, the co‑operative may, whether or not the person has been convicted of an offence against this section, recover from the person as a debt due to the co-operative by action in a court of competent jurisdiction an amount equal to that loss or damage.
Division 2—Application of rules of natural justice
37—Rules of natural justice to apply in relation to any dispute
Subject to this Act, where a dispute arises between two or more members of a registered housing co-operative, or between a member of a registered housing co‑operative and the co-operative, a person or body exercising a power of adjudication in relation to the dispute must observe the rules of natural justice.
Part 5—Management
Division 1—The committee of management
38—Management of registered housing co-operative
(1)A registered housing co-operative must have a committee of management comprised of natural persons who are members of the co-operative.
Maximum penalty: $5 000.
(2)The committee of management may, subject to any restrictions placed on it by this Act or the regulations, the rules of the co-operative, or a resolution of the co-operative—
(a)manage the affairs of the co-operative;
(b)exercise or carry out any power or function of the co-operative assigned to the committee of management by the co-operative (including the power to make by-laws).
(3)The committee of management must consist of not less than three members.
39—Qualification of a committee member and vacation of office
(1)A person is not eligible to be committee member of a registered housing co-operative if that person—
(a)has not attained the age of 18 years; or
(b)unless the rules of the co-operative otherwise provide—is a non‑tenant‑member of the co-operative; or
(c)is a bankrupt or insolvent debtor or is bound by a composition in favour of creditors; or
(d)has been convicted in the preceding period of five years—
(i)of an indictable offence in connection with the promotion, formation or management of a body corporate; or
(ii)of an offence involving fraud or dishonesty; or
(iii)of any prescribed offence.
(2)The office of a committee member becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not re-appointed; or
(c)is absent from three consecutive ordinary meetings of the committee of management without its leave and the committee of management resolves that the office should become vacant; or
(d)ceases to be a member of the co-operative; or
(e)having been appointed as a tenant-member of the co-operative, ceases to be a tenant; or
(f)resigns by instrument in writing addressed to the committee of management; or
(g)is removed from office in accordance with the rules of the co-operative; or
(h)becomes a bankrupt or insolvent debtor, is bound by a composition in favour of creditors or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(i)is convicted—
(i)of an indictable offence in connection with the promotion, formation or management of a body corporate; or
(ii)of an offence involving fraud or dishonesty; or
(iii)of any prescribed offence.
(3)The Supreme Court may exempt a person from the operation of subsection (1) or (2)(h) or (i).
(4)When granting an exemption under this section, the Supreme Court may impose such conditions or limitations as it thinks fit and a person who contravenes or fails to comply with any such condition or limitation that is applicable to him or her is guilty of an offence.
Maximum penalty: $5 000.
(5)A person intending to apply to the Supreme Court for an exemption must give to the Minister not less than 21 days notice of his or her intention to make the application.
(6)The Supreme Court may, on the application of the Minister, revoke an exemption granted by the Court under this section.
40—Appointment of committee members
Committee members must be appointed in accordance with the rules of the co‑operative by a general meeting of the co-operative.
41—Validity of acts of committee members
The acts of a committee member are valid notwithstanding any defect that may afterwards be discovered in his or her appointment or qualification.
42—Conflict of interest
(1)A committee member has an interest in a matter before the committee of management if—
(a)the committee member or an associate of the committee member would, if the matter were decided in a particular manner, receive or have a reasonable expectation of receiving a direct or indirect pecuniary benefit or suffer or have a reasonable expectation of suffering a direct or indirect pecuniary detriment; or
(b)the committee member or an associate of the committee member would, if the matter were decided in a particular manner, obtain or have a reasonable expectation of obtaining a non-pecuniary benefit or suffer or have a reasonable expectation of suffering a non-pecuniary detriment,
(not being a benefit or detriment that would be enjoyed or suffered by the committee member or his or her associate in common with a substantial group within the particular co-operative).
(2)A committee member who has an interest in a matter before the committee of management must disclose the existence of that interest to the committee of management.
Maximum penalty: $5 000 or imprisonment for 1 year.
(3)A disclosure under subsection (2) must be recorded in the minutes of the committee of management.
(4)A committee member who has an interest in a matter before the committee of management—
(a)must not, except on the request of the committee of management, take part in any discussion by the committee of management relating to that matter; and
(b)must not vote in relation to that matter; and
(c)must, unless the committee of management permits otherwise, be absent from the meeting room when any such discussion or voting is taking place.
Maximum penalty: $5 000 or imprisonment for 1 year.
(5)It is a defence to a charge of an offence against this section for the defendant to prove that, at the time of the alleged offence, the defendant was unaware of his or her interest in the matter.
(6)The fact that a committee member has failed to comply with this section in relation to a matter does not, of itself, invalidate a resolution or decision on that matter, but, where it appears that the non-compliance may have had a decisive influence on the passing of the resolution or the making of the decision, the Supreme Court may, on the application of the Minister, a member of the co-operative, or any person affected by the resolution or decision, annul the resolution or decision and make such ancillary orders as it thinks fit.
43—Meetings of a committee of management
(1)Meetings of a committee of management must be held as often as may be necessary for properly conducting the business of the co-operative.
(2)A meeting of a committee of management must be held no later than three months from the date of the last meeting of the committee of management.
(3)A quorum of a committee of management consists of the number of committee members prescribed by the rules of the co-operative but the number may not in any case be less than half of the total number of committee members.
(4)No business may be transacted at a meeting of a committee of management unless a quorum is present.
(5)A committee of management must cause minutes to be kept of its proceedings.
(6)Subject to this Act and the rules or any resolution of the co-operative, a committee of management may regulate its meetings and proceedings as it thinks fit.
Division 2—Duties and liabilities of officers and employees
44—Duties and liabilities of officers and employees
(1)An officer of a registered housing co-operative must at all times act honestly in the exercise of the powers and the discharge of the duties of his or her office.
Maximum penalty:
(a)If the offence was committed with intent to deceive or defraud—$20 000 or imprisonment for 4 years;
(b)In any other case—$5 000 or imprisonment for 1 year.
(2)An officer of a registered housing co-operative must at all times exercise a reasonable degree of care and diligence in the exercise of the powers and the discharge of the duties of his or her office.
Maximum penalty: $5 000.
(3)An officer or employee of a registered housing co-operative, or a former officer or employee of a registered housing co-operative, must not make improper use of information acquired by virtue of his or her position as such an officer or employee to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the co-operative.
Maximum penalty: $20 000 or imprisonment for 4 years.
(4)An officer or employee of a registered housing co-operative must not make improper use of his or her position as such an officer or employee, to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the co-operative.
Maximum penalty: $20 000 or imprisonment for 4 years.
(5)Where—
(a)a person is convicted of an offence against this section; and
(b)the court by which the person is convicted is satisfied that the co-operative has suffered loss or damage as a result of the act or omission that constituted the offence,
the court may, in addition to imposing a penalty under this section—
(c)order the convicted person to pay compensation to the co-operative of such amount as the court specifies;
(d)order the convicted person to undertake, in accordance with the terms of the order, specified work for the benefit of the co-operative.
(6)Where a person contravenes or fails to comply with a provision of this section in relation to a co-operative, the co-operative may, whether or not the person has been convicted of an offence against this section in relation to that contravention or failure, recover from the person as a debt due to the co-operative by action in a court of competent jurisdiction—
(a)if that person or any other person made a profit as a result of the contravention or failure—an amount equal to that profit; and
(b)if the co-operative has suffered loss or damage as a result of the contravention or failure—an amount equal to that loss or damage.
(7)This section is in addition to and does not derogate from any other rule of law relating to the duties of directors and officers of bodies corporate.
Division 3—Meetings of a co-operative
45—Meetings of a co-operative
(1)The annual general meeting of a registered housing co-operative must be held within three months after the close of the co-operative's financial year.
(2)Any other meetings of a registered housing co-operative must be held, or may be called, as prescribed by the rules of the co-operative.
(3)At a meeting of a registered housing co-operative no business may be transacted unless a quorum of members, as prescribed by the rules of the co-operative, is present at the time the meeting is considering that business.
(4)A written notice setting out the date, time and place of a meeting must be given to all members in accordance with the rules of the co-operative at least seven days before the date of the meeting.
(5)A registered housing co-operative must cause minutes to be kept of its proceedings.
Division 4—Accounts and audit
46—Accounting records to be kept
(1)A registered housing co-operative must—
(a)keep accounting records that correctly record and explain its financial transactions and financial position; and
(b)so keep its accounting records that—
(i)true and fair financial statements of the co-operative can be prepared from time to time; and
(ii)its accounting records and financial statements can be conveniently and properly audited in accordance with this Division.
(2)A registered housing co-operative must keep its accounting records at such a place or places within the State as its committee of management thinks fit.
47—Preparation of accounts and audit
(1)The committee of management of a registered housing co-operative must, as soon as practicable after the end of a financial year, ensure that financial statements are prepared and audited in respect of that financial year.
(2)The committee of management must ensure that the co-operative's financial statements are made out in accordance with the approved accounting standards (unless to do so would not give a true and fair view of the accounts of the co-operative).
(3)An audit must be carried out by—
(a)a registered company auditor; or
(b)a firm of registered company auditors; or
(c)a member of the Australian Society of Certified Practising Accountants; or
(d)a member of The Institute of Chartered Accountants in Australia; or
(e)such other appropriately qualified person who may be approved by the Minister as an auditor for the purposes of this section.
(4)A member of a registered housing co-operative may not be appointed as auditor of the accounts of the co-operative of which he or she is a member.
(5)An auditor of a registered housing co-operative has a right of access at all reasonable times to the accounting records and other records of the co-operative and is entitled to require from any officer or employee of the co-operative such information and explanations as he or she requires for the purposes of the audit.
(6)An officer or employee of a registered housing co-operative must not, without lawful excuse—
(a)refuse or fail to allow an auditor access, for the purposes of an audit, to any accounting records and other records of the co-operative in his or her custody or control; or
(b)refuse or fail to give any information or explanation as and when required by an auditor; or
(c)otherwise hinder, obstruct or delay an auditor in the exercise or performance of a power or function of the auditor.
Maximum penalty: $5 000.
(7)If an auditor, in the course of the performance of his or her duties as auditor, is satisfied that—
(a)there has been a contravention of, or failure to comply with—
(i)a provision of this Act; or
(ii)a rule of the co-operative; or
(iii)a term of an agreement under Division 3 of Part 7; and
(b)the circumstances are such that in his or her opinion the matter has not been or will not be adequately dealt with by bringing the matter to the notice of the committee of management of the co-operative,
the auditor must immediately report the matter to the Minister by notice in writing.
(8)An auditor must, on the completion of the audit, prepare a report on the audit in accordance with the regulations.
(9)An auditor is not, in the absence of malice on his or her part, liable to any action for defamation in respect of any statement that the auditor makes, orally or in writing, in the course of the performance of his or her duties as auditor under this Act.
(10)Subsection (9) does not limit or affect any right, privilege or immunity that an auditor has, apart from that subsection, as defendant in an action for defamation.
(11)In this section—
the approved accounting standards are accounting standards prepared and published by the Minister for the purposes of this section.
(12)Unless the Treasurer otherwise approves, the approved accounting standards must incorporate accounting standards approved from time to time by the Accounting Standards Review Board, or such other authority as may be prescribed by the regulations for the purposes of this provision.
48—Accounts and reports to be laid before annual general meeting
(1)The committee of management of a registered housing co-operative must cause to be laid before each annual general meeting of the co-operative—
(a)a copy of the audited financial statements of the co-operative for the last financial year of the co-operative, together with the auditor's report; and
(b)such other information or report as the regulations may require.
(2)A registered housing co-operative must furnish to the Minister, within 14 days after each annual general meeting of the co-operative, a copy of the audited financial statements and auditor's report laid before the annual general meeting of the co‑operative pursuant to subsection (1).
Division 5—Miscellaneous
49—Returns and other information
(1)A registered housing co-operative must furnish returns to the Minister in accordance with the regulations.
(2)The regulations may make provision with respect to—
(a)the information to be contained in returns to the Minister;
(b)the circumstances in which and the periods within which returns must be furnished to the Minister;
(c)any documents that must be incorporated in or forwarded together with returns to the Minister.
(3)The Minister may, by instrument in writing, require a registered housing co-operative to furnish such other returns or information as the Minister may require.
50—Right of inspection
(1)Subject to subsection (4), a registered housing co-operative must, on the application of a member, at all reasonable times, make available for inspection by the member without charge—
(a)a copy of the rules of the co-operative for the time being in force;
(b)any accounting records or financial statements of the co-operative;
(c)the minutes of any meeting of the committee of management, or of any general meeting of the co-operative;
(d)a copy of any return or other document required to be furnished by the co‑operative to the Minister;
(e)any other prescribed documentary material.
Maximum penalty: $5 000.
(2)A co-operative must, at the request of a member, provide a copy of any documentary material referred to in subsection (1).
Maximum penalty: $5 000.
(3)A co-operative is entitled to charge the prescribed fee for any material provided under subsection (2).
(4)A co-operative is not required to disclose under this section—
(a)any rent records of the co-operative (other than any such record that relates to the member requesting the information);
(b)any information excluded from the operation of this section by the regulations.
Part 6—Investment shares
Division 1—Issue of shares
51—Issue of investment shares
(1)The rules of a registered housing co-operative may, if approved by unanimous resolution of the co-operative, provide for the issue of investment shares in the co‑operative.
(2)The following terms and conditions apply in relation to investment shares:
(a)each share must be issued as a fully paid-up $1 share;
(b)unless the Minister otherwise approves, an investment share may only be issued to a person who is, or who has been approved to become, a tenant‑member of the co-operative;
(c)an investment share is not transferable;
(d)the holder of investment shares is not, by virtue of holding those shares, entitled to exercise any special or additional voting rights at a meeting of the co-operative;
(e)the holder of an investment share is, on the redemption or cancellation of the share, entitled to the statutory price for the share in accordance with this Act, but otherwise no dividend or interest is payable on the share.
(3)Unless the co-operative has resolved otherwise by unanimous resolution, a registered housing co-operative must not require that a person hold investment shares in the co‑operative to become or to remain as a tenant‑member of the co‑operative.
(4)The regulations may prescribe a minimum number of shares that must make up an allotment of investment shares.
(5)Investment shares may only be dealt with as whole parcels, as issued at a particular time by the relevant co-operative.
(6)An investment share must, according to the rules of the co-operative, be issued in relation to—
(a)a particular residential property of the co-operative; or
(b)the real property of the co-operative generally.
(7)A registered housing co-operative must not issue investment shares except—
(a)for cash; or
(b)for some other form of consideration.
(8)A registered housing co-operative must not issue investment shares at a discount or premium.
(9)A registered housing co-operative must not issue any share warrant.
(10)Where—
(a)the rules of a registered housing co-operative provide for the issue of investment shares; and
(b)a person who is, or who has been approved to become, a tenant-member of the co-operative, applies for the issue to him or her of a specified number of investment shares and provides the appropriate consideration; and
(c)the issue of the shares to the person would not be contrary to this Act; and
(d)the issue of the shares to the person would not be contrary to any rule of the co-operative that limits the number of investment shares that a person can hold in the co-operative,
the co-operative must issue the shares in accordance with the application.
(11)Subject to this section and the other provisions of this Act or the regulations, the rights attaching and the terms and conditions applying to any investment shares issued by a registered housing co-operative will be as provided in the rules of the co-operative or determined by the committee of management of the co-operative in accordance with the rules (but no such rules may be registered unless the provisions in respect of those rights, terms and conditions comply with the requirements of this Act and the regulations and are, in the opinion of the Minister, otherwise appropriate).
(12)If a co-operative contravenes this section, the co-operative is not guilty of an offence against this Act but each officer of the co-operative is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(13)Where—
(a)a person is convicted of an offence against this section in relation to a co‑operative; and
(b)the court by which the person is convicted is satisfied that the co-operative has suffered loss or damage as a result of the act or omission that constituted the offence,
the court may, in addition to imposing a penalty—
(c)order the convicted person to pay compensation to the co-operative of such amount as the court specifies;
(d)order the convicted person to undertake, in accordance with the terms of the order, specified work for the benefit of the co-operative.
(14)Where a contravention of this section takes place—
(a)if a person other than the co-operative concerned, being a person who was, at the time of the contravention, aware of the matters constituting the contravention, has made a profit as a result of the contravention, the co‑operative may, whether or not that person or any other person has been convicted of an offence against subsection (12) in relation to that contravention, recover from the person as a debt due to the co‑operative by action in any court of competent jurisdiction an amount equal to the profit; and
(b)where the co-operative concerned has suffered loss or damage as a result of the contravention—the co-operative may recover an amount equal to the loss or damage from any person who is in default, whether or not that person or any other person has been convicted of an offence against subsection (12) in relation to that contravention, as a debt due to the co-operative by action in any court of competent jurisdiction.
52—Share capital account
(1)Where a registered housing co-operative issues investment shares, it must establish an account, to be called the "share capital account", at an ADI.
(2)On the issue of any investment shares by the co-operative, the co-operative must credit the amount paid on the shares to the share capital account.
Maximum penalty: $10 000.
(3)If the co-operative is a subsidised co-operative, the co-operative must, subject to the regulations, within one month after an amount is credited to the share capital account—
(a)transfer the amount to SAHT (to be held by SAHT in an appropriate account); and
(b)furnish SAHT with such information relating to the shares as SAHT may require.
Maximum penalty: $10 000.
(4)If the co-operative is not a subsidised co-operative, the co-operative may, subject to the regulations, use any amount credited to the share capital account—
(a)in satisfying any liability of the co-operative on the redemption or cancellation of any shares of the co-operative; or
(b)to any other purpose authorised under the rules of the co-operative or approved by the Minister.
53—Co-operative financing dealings in its shares etc
(1)Except as otherwise expressly provided by this Act, a registered housing co-operative must not, without the approval of the Minister—
(a)whether directly or indirectly, give any financial assistance for the purpose of, or in connection with, the acquisition by any person, whether before, or at the same time as, the giving of financial assistance, of investment shares in the co-operative; or
(b)whether directly or indirectly, lend money on the security of investment shares in the co-operative.
(2)A reference in this section to the giving of financial assistance includes a reference to the giving of financial assistance by means of the making of a loan, the giving of a guarantee, the provision of security, the release of an obligation, the forgiving of a debt or otherwise.
(3)For the purposes of this section, a co-operative is to be taken to have given financial assistance for the purpose of an acquisition or proposed acquisition (in this subsection referred to as the relevant purpose) if—
(a)the co-operative gave the financial assistance for purposes that included the relevant purpose; and
(b)the relevant purpose was a substantial purpose of the giving of the financial assistance.
(4)If a co-operative contravenes subsection (1), the co-operative is not guilty of an offence but each officer of the co-operative is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5)Where—
(a)a person is convicted of an offence against subsection (4); and
(b)the court by which he or she is convicted is satisfied that the co-operative has suffered loss or damage as a result of the act or omission that constituted the offence,
the court may, in addition to imposing a penalty—
(c)order the convicted person to pay compensation to the co-operative of such amount as the court specifies;
(d)order the convicted person to undertake, in accordance with the terms of the order, specified work for the benefit of the co-operative.
(6)Where a contravention of this section takes place—
(a)if a person other than the co-operative concerned, being a person who was, at the time of the contravention, aware of the matters constituting the contravention, has made a profit as a result of the contravention, the co‑operative may, whether or not that person or any other person has been convicted of an offence against subsection (4) in relation to that contravention, recover from the person as a debt due to the co‑operative by action in any court of competent jurisdiction an amount equal to the profit; and
(b)where the co-operative concerned has suffered loss or damage as a result of the contravention—the co-operative may recover an amount equal to the loss or damage from any person who is in default, whether or not that person or any other person has been convicted of an offence against subsection (4) in relation to that contravention, as a debt due to the co-operative by action in any court of competent jurisdiction.
Division 2—Title to shares
54—Numbering of share allotments
Each allotment of investment shares in a registered housing co-operative must be distinguished by an appropriate number.
55—Share certificates
(1)Within two months after the issue to any person of any investment shares of a registered housing co-operative, the co-operative must—
(a)complete, and have ready for delivery to the person, a certificate that relates to those shares; and
(b)unless otherwise instructed by the person, send or deliver the completed certificate to the person or, where the person has instructed the co-operative in writing to send them to a nominated person, to that person.
(2)A certificate referred to in subsection (1) must be under the common seal of the co‑operative and must state—
(a)the name of the co-operative; and
(b)the number of shares allotted.
(3)A certificate issued by a registered housing co-operative specifying the shares held by a member of the co-operative is evidence of the title of the member to the shares.
(4)Failure to comply with this section does not affect the rights of a shareholder.
56—Loss or destruction of certificates
(1)Subject to subsection (2), where a share certificate is lost or destroyed, the co‑operative must, on application by the shareholder, issue a duplicate certificate to the shareholder within 21 days after the application is made or within such longer period as the Minister approves.
(c)to assist any tenant whose tenancy is affected or who is otherwise inconvenienced by virtue of the order.
4—Creation of option
(1)A charge over real property under this Schedule also constitutes an option to SAHT to purchase the property in the event of a proposed sale by the associated land owner (being an option that prevails over any other option that may exist in relation to the property).
(2)If an associated land owner proposes to sell real property that is subject to such an option (other than in pursuance of an order under clause 3), the associated land owner must give SAHT at least two months notice, in writing, of the proposed sale.
(3)SAHT must then decide, within the two month period, whether or not to exercise the option.
(4)If SAHT decides to exercise the option, the value of the property will be taken to be the current market value of the property.
(5)If SAHT decides not to exercise the option, the associated land owner may proceed to sell the property on the open market (subject to the charge on the property being discharged by the associated land owner on completion of the sale).
(6)If SAHT acquires property from an associated land owner pursuant to this clause, SAHT must, as soon as is reasonably practicable, divest itself of the property.
5—Powers of investigation
Part 8 applies in relation to associated land owners.
6—Appeals
Subject to the regulations, an associated land owner that is directly affected by an act or decision of SAHT under this Act may make an application for relief under section 84 and, for that purpose, Part 11 applies in relation to the associated land owner as if the associated land owner were a registered housing association, subject to such modifications, additions or exclusions as may be necessary for the purpose, or as may be prescribed.
7—Service on associated land owners
(1)Service of any process, notice or other document may be effected on an associated land owner—
(a)personally; or
(b)by post addressed to the associated land owner's address for service; or
(c)by transmission by facsimile transmission or electronic mail to the associated land owner's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).
(2)An associated land owner's address for service is the postal address of which SAHT has been last notified in writing as the person's address for service.
8—Remission from taxes etc
Section 104 applies to an associated land owner as if—
(a)the associated land owner were a registered housing association; and
(b)a reference to a tenant-member of the housing association were a reference to a tenant of the registered housing association with which the land owner is associated,
and subject to such other modifications, additions or exclusions as may be necessary for the purpose, or as may be prescribed.
9—Misrepresentation as to being associated land owner
A person must not, in order to gain an advantage for himself or herself or any other person, falsely represent that a body is an associated land owner.
Maximum penalty: $10 000.
10—Miscellaneous
Sections 92, 93, 94, 96(2) and (5), 98, 99, 100, 101, 102, 105 and 106 apply, subject to such modifications, additions or exclusions as may be necessary for the purpose, or as may be prescribed, with respect to associated land owners as if they were registered housing associations.
11—Regulations
Without limiting the operation of section 107, the Governor may, by regulation—
(a)require associated land owners to furnish prescribed information to the Minister or SAHT in prescribed circumstances;
(b)make provision for, or in relation to, the form or content of any agreement between SAHT and associated land owners.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Co-operatives Act 1991
Repeal of Act
The South Australian Co-operative and Community Housing Act 1991 was repealed by Sch 3 cl 2 of the Community Housing Providers (National Law) (South Australia) Act 2013 on 1.4.2014.
However, this Act will continue to apply to certain transitioning entities under Sch 3 Pt 4 of the Community Housing Providers (National Law) (South Australia) Act 2013.
Principal Act and amendments
Year No Title Assent Commencement 1991 64 Housing Co-operatives Act 1991 5.12.1991 13.1.1992 (Gazette 9.1.1992 p2) except ss 4 & 51—61— 1.9.1994 (Gazette 11.8.1994 p408) 1995 101 Housing Co-operatives (Housing Associations) Amendment Act 1995 14.12.1995 1.1.1996 (Gazette 21.12.1995 p1751) except s 6—18.1.1996 (Gazette 18.1.1996 p348) and except ss 4(c), (d), 8, 12—18 and Schs 1—3— 15.2.1996 (Gazette 15.2.1996 p1116) and except s 7—14.12.1997 (s 7(5) Acts Interpretation Act 1915) 1997 30 Statutes Amendment (References to Banks) Act 1997 12.6.1997 Pt 12 (s 18)—3.7.1997 (Gazette 3.7.1997 p4) 1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 49)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) 2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 29 (ss 99—104)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270) 2001 34 South Australian Co-operative and Community Housing (Associated Land Owners) Amendment Act 2001 3.8.2001 17.1.2002 (Gazette 15.1.2002 p187) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 70 (s 222)—4.9.2006 (Gazette 17.8.2006 p2831) 2007 20 Statutes Amendment (Affordable Housing) Act 2007 14.6.2007 Pt 3 (ss 21—84) & Sch 1—1.7.2007 (Gazette 28.6.2007 p2826) 2008 9 Statute Law Revision Act 2008 17.4.2008 17.4.2008 Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 s 1 substituted by 101/1995 s 3 1.1.1996 s 2 omitted under Legislation Revision and Publication Act 2002 4.9.2006 s 3 s 3(1) associated land owner inserted by 34/2001 s 3(a) 17.1.2002 Authority substituted by 101/1995 s 4(a) 1.1.1996 deleted by 20/2007 s 21(1) 1.7.2007 Chief Executive inserted by 20/2007 s 21(2) 1.7.2007 Department inserted by 101/1995 s 4(b) 1.1.1996 substituted by 20/2007 s 21(3) 1.7.2007 the Fund deleted by 101/1995 s 4(c) 15.2.1996 Fund inserted by 101/1995 s 4(c) 15.2.1996 deleted by 20/2007 s 21(4) 1.7.2007 housing association inserted by 101/1995 s 4(c) 15.2.1996 property inserted by 34/2001 s 3(b) 17.1.2002 registered housing association inserted by 101/1995 s 4(d) 15.2.1996 amended by 34/2001 s 3(c) 17.1.2002 SAHT inserted by 101/1995 s 4(e) 1.1.1996 statutory corporation inserted by 101/1995 s 4(f) 1.1.1996 s 3(6) inserted by 34/2001 s 3(d) 17.1.2002 s 6 substituted by 23/2001 s 99 15.7.2001 Pt 2 s 8 s 8(1) substituted by 101/1995 s 5 1.1.1996 s 9 s 9(1) substituted by 101/1995 s 6(a) 18.1.1996 s 9(4) deleted by 101/1995 s 6(b) 18.1.1996 s 10 s 10(2) amended by 101/1995 s 7 14.12.1997 s 13 s 13(2) and (4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 Pt 2 Div 1 s 6A inserted by 20/2007 s 22 1.7.2007 s 7 s 7(1) amended by 20/2007 s 23(1) 1.7.2007 s 7(2) amended by 20/2007 s 23(2) 1.7.2007 Pt 2 Div 2 before deletion by 20/2007 s 14 amended by 101/1995 s 18 (Sch 2) 15.2.1996 Pt 2 Div 2 deleted by 20/2007 s 24 1.7.2007 Pt 2 Div 3 heading substituted by 20/2007 s 25 1.7.2007 s 16 s 16(1) amended by 101/1995 s 8(a)—(k) 15.2.1996 amended by 20/2007 s 26(1), (2), (4), (6), (9) 1.7.2007 (c) deleted by 20/2007 s 26(3) 1.7.2007 (e)—(g) deleted by 20/2007 s 26(5) 1.7.2007 (i) and (j) deleted by 20/2007 s 26(7) 1.7.2007 (l) and (m) deleted by 20/2007 s 26(8) 1.7.2007 s 16(2) amended by 20/2007 s 26(10), (11) 1.7.2007 s 16(3) substituted by 20/2007 s 26(12) 1.7.2007 s 16(4) amended by 101/1995 s 8(l) 15.2.1996 amended by 20/2007 s 26(13)—(15) 1.7.2007 s 16(5) substituted by 20/2007 s 26(16) 1.7.2007 s 17 s 17(1) amended by 20/2007 s 27(1), (2) 1.7.2007 (a) and (b) deleted by 20/2007 s 27(3) 1.7.2007 s 17(2) amended by 20/2007 s 27(4)—(6) 1.7.2007 s 17(3) and (4) deleted by 20/2007 s 27(7) 1.7.2007 Pt 2 Div 4 s 18 before deletion by 20/2007 s 18(1) substituted by 101/1995 s 9 1.1.1996 s 18(2) deleted by 101/1995 s 9 1.1.1996 s 18 deleted by 20/2007 s 28 1.7.2007 Pt 2 Div 5 heading substituted by 101/1995 s 10 1.1.1996 s 18A inserted by 101/1995 s 11 1.1.1996 s 18A(1) amended by 20/2007 s 29(1), (2) 1.7.2007 (b)(iii) deleted by 20/2007 s 29(3) 1.7.2007 s 18A(3) amended by 20/2007 s 29(4) 1.7.2007 s 18B inserted by 101/1995 s 11 1.1.1996 s 18B(1) amended by 20/2007 s 30(1), (2) 1.7.2007 s 18B(2) amended by 20/2007 s 30(3) 1.7.2007 s 18C inserted by 101/1995 s 11 1.1.1996 s 18C(1) substituted by 20/2007 s 31(1) 1.7.2007 s 18C(2) amended by 20/2007 s 31(2), (3) 1.7.2007 s 18C(3) amended by 20/2007 s 31(4) 1.7.2007 s 18C(4) amended by 20/2007 s 31(5) 1.7.2007 s 18C(5) amended by 20/2007 s 31(6) 1.7.2007 ss 19 and 20 substituted by 20/2007 s 32 1.7.2007 Pt 2 Div 6 s 21 s 21(1) amended by 101/1995 s 12 15.2.1996 amended by 20/2007 s 33(1), (2) 1.7.2007 amended by 9/2008 s 2 (Sch 1) 17.4.2008 s 21(2) amended by 20/2007 s 33(3)—(6) 1.7.2007 s 21(3) amended by 20/2007 s 33(7), (8) 1.7.2007 Pt 3 s 22 s 22(1) amended by 20/2007 s 34(1) 1.7.2007 s 22(3) amended by 20/2007 s 34(2), (3) 1.7.2007 s 22(4) amended by 20/2007 s 34(4) 1.7.2007 s 22(5) amended by 20/2007 s 34(5), (6) 1.7.2007 s 25 s 25(1) amended by 20/2007 s 35(1) 1.7.2007 s 25(3) amended by 20/2007 s 35(2), (3) 1.7.2007 s 25(4) amended by 20/2007 s 35(4) 1.7.2007 s 25(5) amended by 20/2007 s 35(5), (6) 1.7.2007 s 27 s 27(2) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 36(1) 1.7.2007 s 27(3) amended by 20/2007 s 36(2) 1.7.2007 s 27(4) amended by 20/2007 s 36(3) 1.7.2007 s 27(5) amended by 20/2007 s 36(4)—(6) 1.7.2007 s 28 s 28(1) amended by 20/2007 s 37 1.7.2007 s 31 amended by 20/2007 s 38 1.7.2007 Pt 4 s 32 s 32(2) amended by 20/2007 s 39 1.7.2007 s 33 s 33(2) amended by 20/2007 s 40(1) 1.7.2007 s 33(3) amended by 20/2007 s 40(2) 1.7.2007 s 36 s 36(1) amended by 20/2007 s 41 1.7.2007 s 36(4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 Pt 5 s 38 s 38(1) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 39 s 39(4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 39(5) amended by 20/2007 s 42(1) 1.7.2007 s 39(6) amended by 20/2007 s 42(2) 1.7.2007 s 42 s 42(2) and (4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 44 s 44(1)—(4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 47 s 47(3) amended by 20/2007 s 43(1) 1.7.2007 s 47(6) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 47(7) amended by 20/2007 s 43(2), (3) 1.7.2007 s 47(11) the approved accounting standards amended by 20/2007 s 43(4) 1.7.2007 s 48 s 48(2) amended by 20/2007 s 44 1.7.2007 s 49 s 49(1) amended by 20/2007 s 45(1) 1.7.2007 s 49(2) amended by 20/2007 s 45(2) 1.7.2007 s 49(3) amended by 20/2007 s 45(3), (4) 1.7.2007 s 50 s 50(1) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 46 1.7.2007 s 50(2) amended by 101/1995 s 18 (Sch 2) 15.2.1996 Pt 6 s 51 s 51(2) amended by 20/2007 s 47 1.7.2007 s 51(11) amended by 9/2008 s 2 (Sch 1) 17.4.2008 s 51(12) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 52 s 52(1) amended by 30/1997 s 18 3.7.1997 amended by 33/1999 Sch (item 49) 1.7.1999 s 52(2) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 52(3) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 48(1), (2) 1.7.2007 s 52(4) amended by 20/2007 s 48(3) 1.7.2007 s 53 s 53(4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 56 s 56(1) amended by 20/2007 s 49 1.7.2007 s 57 s 57(2) amended by 20/2007 s 50(1) 1.7.2007 s 57(3) amended by 20/2007 s 50(2), (3) 1.7.2007 s 57(4) amended by 20/2007 s 50(4) 1.7.2007 s 57(7) amended by 20/2007 s 50(5) 1.7.2007 s 57(9) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 58 s 58(1) amended by 20/2007 s 51(1) 1.7.2007 s 58(2) amended by 20/2007 s 51(2) 1.7.2007 s 58(4) amended by 20/2007 s 51(3) 1.7.2007 s 59 substituted by 23/2001 s 100 15.7.2001 Pt 7 Pt 7 Div 1 s 62 subsidised premises amended by 20/2007 s 52 1.7.2007 Pt 7 Div 2 before deletion by 20/2007 s 63 s 63(1) substituted by 101/1995 s 13(a) 15.2.1996 s 63(3) amended by 101/1995 s 13(b) 15.2.1996 s 63(4) amended by 101/1995 s 13(c)—(f) 15.2.1996 s 63(5) amended by 101/1995 s 13(g) 15.2.1996 Pt 7 Div 2 deleted by 20/2007 s 53 1.7.2007 Pt 7 Div 3 s 64 s 64(1) amended by 20/2007 s 54(1), (2) 1.7.2007 s 64(2) amended by 20/2007 s 54(3) 1.7.2007 s 64(3) amended by 20/2007 s 54(4) 1.7.2007 s 64(4) amended by 20/2007 s 54(5) 1.7.2007 Pt 7 Div 4 s 65 s 65(1) amended by 20/2007 s 55(1) 1.7.2007 s 65(2) amended by 20/2007 s 55(2) 1.7.2007 s 65(6) amended by 9/2008 s 2 (Sch 1) 17.4.2008 s 65(9) amended by 20/2007 s 55(3) 1.7.2007 s 65(10) amended by 20/2007 s 55(4) 1.7.2007 s 66 s 66(1) amended by 20/2007 s 56(1) 1.7.2007 s 66(2) amended by 20/2007 s 56(2) 1.7.2007 (a)(iv) deleted by 20/2007 s 56(3) 1.7.2007 s 66(3) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 66(5) amended by 20/2007 s 56(4) 1.7.2007 s 66(6) amended by 20/2007 s 56(5), (6) 1.7.2007 s 66(12) amended by 20/2007 s 56(7) 1.7.2007 s 67 s 67(1) amended by 20/2007 s 57(1) 1.7.2007 s 67(2) amended by 20/2007 s 57(2) 1.7.2007 s 67(3) amended by 20/2007 s 57(3) 1.7.2007 s 67(4) amended by 20/2007 s 57(4) 1.7.2007 s 67(5) amended by 20/2007 s 57(5) 1.7.2007 s 67(6) amended by 20/2007 s 57(6) 1.7.2007 s 68 s 68(1) amended by 20/2007 s 58(1)—(6) 1.7.2007 Pt 8 s 70 s 70(1) prescribed matter amended by 20/2007 s 59 1.7.2007 s 70(5) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 71 s 71(1) amended by 20/2007 s 60(1) 1.7.2007 s 71(2) amended by 20/2007 s 60(2)—(5) 1.7.2007 s 71(3) amended by 20/2007 s 60(6) 1.7.2007 s 71(5) amended by 20/2007 s 60(7)—(14) 1.7.2007 s 71(6) amended by 20/2007 s 60(15), (16) 1.7.2007 s 71(7) amended by 20/2007 s 60(17), (18) 1.7.2007 s 71(8) amended by 20/2007 s 60(19), (20) 1.7.2007 s 72 s 72(1) amended by 20/2007 s 61(1) 1.7.2007 s 72(2) amended by 20/2007 s 61(2) 1.7.2007 s 72(6) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 72(7) amended by 20/2007 s 61(3) 1.7.2007 s 72(8) amended by 20/2007 s 61(4) 1.7.2007 s 72(10) amended by 20/2007 s 61(5) 1.7.2007 Pt 10 s 73 s 73(1) substituted by 23/2001 s 101 15.7.2001 s 74 s 74(2) substituted by 23/2001 s 102 15.7.2001 s 74(7) amended by 17/2006 s 222 4.9.2006 s 74(8) amended by 20/2007 s 62 1.7.2007 s 77 s 77(2) amended by 20/2007 s 63(1) 1.7.2007 s 77(4) surplus assets amended by 20/2007 s 63(2) 1.7.2007 s 78 s 78(1) amended by 20/2007 s 64(1), (2) 1.7.2007 s 78(2) amended by 20/2007 s 64(3), (4) 1.7.2007 s 78(3) amended by 20/2007 s 64(5) 1.7.2007 s 79 s 79(1) amended by 20/2007 s 65 1.7.2007 s 80 s 80(1) amended by 20/2007 s 66(1) 1.7.2007 s 80(2) amended by 20/2007 s 66(2) 1.7.2007 s 80(3) amended by 20/2007 s 66(3) 1.7.2007 s 82 substituted by 23/2001 s 103 15.7.2001 amended by 20/2007 s 67 1.7.2007 s 83 amended by 20/2007 s 68 1.7.2007 Pt 11 heading substituted by 101/1995 s 14 15.2.1996 s 84 s 84(a1) inserted by 101/1995 s 15(a) 15.2.1996 Appeal Panel inserted by 20/2007 s 69(1) 1.7.2007 relevant appeal authority deleted by 20/2007 s 69(1) 1.7.2007 s 84(1) amended by 20/2007 s 69(2) 1.7.2007 s 84(2) amended by 101/1995 s 15(b) 15.2.1996 amended by 20/2007 s 69(3) 1.7.2007 s 84(3) substituted by 101/1995 s 15(c) 15.2.1996 substituted by 20/2007 s 69(4) 1.7.2007 s 84(4) and (5) deleted by 101/1995 s 15(c) 15.2.1996 s 84(6) amended by 101/1995 s 15(d) 15.2.1996 amended by 20/2007 s 69(5), (6), (8), (9) 1.7.2007 (b) deleted by 20/2007 s 69(7) 1.7.2007 s 84(7) amended by 101/1995 s 15(e) 15.2.1996 substituted by 20/2007 s 69(10) 1.7.2007 s 84(8) substituted by 101/1995 s 15(f) 15.2.1996 substituted by 20/2007 s 69(10) 1.7.2007 s 84(9) amended by 101/1995 s 15(g) 15.2.1996 substituted by 20/2007 s 69(10) 1.7.2007 s 84(11) amended by 101/1995 s 15(h) 15.2.1996 amended by 20/2007 s 69(11) 1.7.2007 s 84(11a) inserted by 20/2007 s 69(12) 1.7.2007 s 84(12) amended by 101/1995 s 18 (Sch 2) 15.2.1996 Pt 12 s 85 s 85(2) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 88 amended by 20/2007 s 70 1.7.2007 s 91 amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 92 s 92(1) amended by 20/2007 s 71(1) 1.7.2007 s 92(2) amended by 20/2007 s 71(2)—(4) 1.7.2007 s 92(3) amended by 20/2007 s 71(5), (6) 1.7.2007 s 92(5) amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 93 s 93(1) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 72(1) 1.7.2007 s 93(3) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 72(2) 1.7.2007 s 94 s 94(1) amended by 20/2007 s 73(1), (2) 1.7.2007 s 94(2) amended by 20/2007 s 73(3) 1.7.2007 s 94(3) amended by 20/2007 s 73(4) 1.7.2007 s 94(4) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 73(5) 1.7.2007 s 95 s 95(1) amended by 20/2007 s 74(1), (2) 1.7.2007 s 95(2) amended by 20/2007 s 74(3) 1.7.2007 s 95(3) amended by 20/2007 s 74(4) 1.7.2007 s 95(4) amended by 20/2007 s 74(5) 1.7.2007 s 95(6) amended by 20/2007 s 74(6) 1.7.2007 s 95(7) amended by 20/2007 s 74(7) 1.7.2007 s 95(8) amended by 20/2007 s 74(8) 1.7.2007 s 96 s 96(1) amended by 20/2007 s 75(1) 1.7.2007 s 96(2) amended by 20/2007 s 75(2) 1.7.2007 s 96(5) amended by 20/2007 s 75(3) 1.7.2007 s 97 amended by 34/2001 s 4 17.1.2002 s 98 amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 76 1.7.2007 s 100 amended by 101/1995 s 18 (Sch 2) 15.2.1996 s 102 s 102(6) amended by 20/2007 s 77(1), (2) 1.7.2007 s 102(8) amended by 20/2007 s 77(3) 1.7.2007 s 103 s 103(1) amended by 20/2007 s 78(1), (2) 1.7.2007 s 103(3) amended by 20/2007 s 78(3) 1.7.2007 s 104 s 104(4) amended by 20/2007 s 79(1)—(3) 1.7.2007 s 105 s 105(1) amended by 20/2007 s 80(1) 1.7.2007 s 105(2) amended by 20/2007 s 80(2) 1.7.2007 s 106 amended by 20/2007 s 81 1.7.2007 s 107 s 107(2) amended by 101/1995 s 18 (Sch 2) 15.2.1996 amended by 20/2007 s 82(1), (2) 1.7.2007 s 107(3) amended by 101/1995 s 16 15.2.1996 amended by 20/2007 s 82(3) 1.7.2007 s 107(4) amended by 20/2007 s 82(4) 1.7.2007 Sch 1 Sch substituted by 101/1995 s 17 (Sch 1) 15.2.1996 Sch redesignated as Sch 1 by 34/2001 s 5 17.1.2002 cl 2 cl 2(1) amended by 20/2007 s 83(1) 1.7.2007 cl 2(3) amended by 20/2007 s 83(2), (3) 1.7.2007 cl 2(4) amended by 20/2007 s 83(4) 1.7.2007 cl 2(6) amended by 20/2007 s 83(5), (6) 1.7.2007 cl 4 cl 4(1) prescribed association amended by 23/2001 s 104 15.7.2001 cl 4(2) amended by 20/2007 s 83(7) 1.7.2007 cl 4(4) amended by 34/2001 s 5(a) 17.1.2002 amended by 20/2007 s 83(8)—(10) 1.7.2007 cl 4(6) amended by 20/2007 s 83(11) 1.7.2007 cl 8 amended by 34/2001 s 5(b) 17.1.2002 amended by 20/2007 s 83(12) 1.7.2007 cl 10 cl 10(1) amended by 20/2007 s 83(13) 1.7.2007 cl 10(2) amended by 34/2001 s 5(c) 17.1.2002 amended by 20/2007 s 83(14)—(17) 1.7.2007 cl 10(3) amended by 20/2007 s 83(18) 1.7.2007 cl 10(5) amended by 20/2007 s 83(19)—(26) 1.7.2007 cl 10(8) amended by 20/2007 s 83(27) 1.7.2007 cl 10(9) amended by 20/2007 s 83(28) 1.7.2007 cl 10(10) amended by 20/2007 s 83(29) 1.7.2007 cl 11 cl 11(2) substituted by 20/2007 s 83(30) 1.7.2007 cl 16 amended by 20/2007 s 83(31), (32) 1.7.2007 Sch 2 inserted by 34/2001 s 6 17.1.2002 cl 1 cl 1(1) amended by 20/2007 s 84(1), (2) 1.7.2007 cl 1(2) amended by 20/2007 s 84(3) 1.7.2007 cl 2 cl 2(1) amended by 20/2007 s 84(4) 1.7.2007 cl 2(2) amended by 20/2007 s 84(5) 1.7.2007 cl 2(6) amended by 20/2007 s 84(6) 1.7.2007 cl 2(9) amended by 20/2007 s 84(7) 1.7.2007 cl 2(10) amended by 20/2007 s 84(8) 1.7.2007 cl 2(11) subsidised premises amended by 20/2007 s 84(9) 1.7.2007 cl 3 cl 3(1) amended by 20/2007 s 84(10) 1.7.2007 cl 3(2) amended by 20/2007 s 84(11), (12) 1.7.2007 cl 3(5) amended by 20/2007 s 84(13) 1.7.2007 cl 3(6) amended by 20/2007 s 84(14), (15) 1.7.2007 cl 3(12) amended by 20/2007 s 84(16) 1.7.2007 cl 4 cl 4(1) amended by 20/2007 s 84(17) 1.7.2007 cl 4(2) amended by 20/2007 s 84(18) 1.7.2007 cl 4(3) amended by 20/2007 s 84(19) 1.7.2007 cl 4(4) amended by 20/2007 s 84(20) 1.7.2007 cl 4(5) amended by 20/2007 s 84(21) 1.7.2007 cl 4(6) amended by 20/2007 s 84(22) 1.7.2007 cl 6 amended by 20/2007 s 84(23) 1.7.2007 cl 7 cl 7(2) amended by 20/2007 s 84(24) 1.7.2007 cl 11 amended by 20/2007 s 84(25), (26) 1.7.2007
Transitional etc provisions associated with Act or amendments
Housing Co-operatives (Housing Associations) Amendment Act 1995, Sch 3—Transitional Provisions—Registered Housing Associations
1The Governor may, by proclamation, declare that a specified association incorporated under the Associations Incorporation Act 1985 becomes, on the commencement of this Schedule, a registered housing association under the principal Act.
2A proclamation made under cl 1 is subject to such conditions as are specified in the proclamation.
Statutes Amendment (Affordable Housing) Act 2007, Sch 1—Transitional provisions
1—Interpretation
In this Schedule, unless the contrary intention appears—
asset includes—
(a)a present, contingent or future legal or equitable estate or interest in real or personal property; or
(b)a present, contingent or future right, power, privilege or immunity;
liability includes a present, contingent or future liability or obligation (including a non-pecuniary obligation);
SACHA means the South Australian Community Housing Authority;
SAHT means the South Australian Housing Trust.
2—Public Housing Appeal Panel
(1)A person who, immediately before the commencement of this clause, holds office as a member of the Public Housing Appeal Panel (being the panel of that name established by the Minister for Housing, Urban Development and Local Government Relations in 1995) will be taken to have been appointed as a member of the Housing Appeal Panel established under Part 3A of the South Australian Housing Trust Act 1995 (as inserted by this Act) for the balance of his or her term of appointment to the Public Housing Appeal Panel (and on the same conditions of appointment).
(2)Any proceedings—
(a)before the Public Housing Appeal Panel; or
(b)before a relevant appeal authority under Part 11 of the South Australian Co-operative and Community Housing Act 1991 (as it applies immediately before the commencement of this clause),
will be continued and completed before the Housing Appeal Panel as if they had been commenced before the Housing Appeal Panel.
(3)The Housing Appeal Panel may make any order or determination in connection with the operation of subclause (2).
3—Property—SACHA
(1)Subject to subclause (2), all assets, rights and liabilities of SACHA (including under any funding agreement or statutory charge under the South Australian Co-operative and Community Housing Act 1991), and all assets and rights arising from the South Australian Community Housing Development Fund, are transferred to SAHT.
(2)Subclause (1) does not apply to an asset, right or liability transferred by the Minister, by notice in the Gazette, to—
(a)the Crown; or
(b)the Minister; or
(c)a subsidiary of SAHT; or
(d)another agency or instrumentality of the Crown.
(3)The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
(4)The Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a transfer and vesting under this clause.
(5)No fee is payable in respect of an application under subclause (4).
4—References—SACHA
(1)Subject to subclause (2), all references in any instrument or contract, agreement or other document to SACHA will have effect as if it were a reference to—
(a)SAHT; or
(b)if the Minister so determines by notice in the Gazette—the Minister.
(2)Subclause (1) does not apply to any reference excluded by the Minister by notice in the Gazette.
(3)Subclause (1) has effect despite the provisions of any other law or instrument.
5—Procedures and proceedings—SACHA
Any procedure or proceedings commenced by SACHA before the commencement of this clause but which had not been finally determined at the commencement of this clause may be continued or completed by the Minister or by SAHT.
6—Other provisions
(1)Nothing done under this Schedule—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
(d)constitutes a civil or criminal wrong; or
(e)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
(f)releases a surety or other obligee wholly or in part from an obligation.
(2)The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.
(3)The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply with respect to the amendments effected by this Act.
Historical versions
| Reprint No 1—1.1.1996 |
| Reprint No 2—15.2.1996 |
| Reprint No 3—3.7.1997 |
| Reprint No 4—14.12.1997 |
| Reprint No 5—1.7.1999 |
| Reprint No 6—15.7.2001 |
| Reprint No 7—17.1.2002 |
| 4.9.2006 |
| 1.7.2007 |
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