Co-operatives Amendment Act 1997 No 39

An Act to amend the Co-operatives Act 1992 by enacting core consistent provisions to give effect to a national scheme for the regulation of co-operatives with respect to interstate operations, fund raising, mergers and other matters; and for other purposes.

1 Name of Act

This Act is the Co-operatives Amendment Act 1997.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Co-operatives Act 1992 No 18

The Co-operatives Act 1992 is amended as set out in Schedule 1.

Schedule 1 Amendments

[1]–[143] (Repealed)

[144] Section 267 Application of Corporations Law —re-issue of redeemed debentures (cf Vic Act s 266)

Insert “or employees” after “members”.

[145]–[211] (Repealed)

[212] Section 428A

Insert before section 429 after the note inserted by this Act:

  

428A Meaning of “co-operatives law” and “participating State”

In this Part, co-operatives law and participating State have the same meaning as in section 369A.

[213]–[217] (Repealed)

[218] Sections 435A–435D

Insert after section 435:

  

435A Offences under this Act and co-operatives law

If:

(a)  an act or omission constitutes an offence under this Act and under a co-operatives law of a participating State, and

(b)  the offender has been punished for that offence under the co-operatives law of the participating State,

the offender is not liable to be punished for the offence under this Act.

435B Civil liability under this Act and co-operatives law

In a proceeding under this Act in respect of loss or damage arising out of a contravention of this Act, it is a defence if it is proved:

(a)  that the plaintiff has recovered in respect of the loss or damage in an action brought under a co-operatives law of a participating State, or

(b)  that:

(i)  the plaintiff has brought proceedings under a co-operatives law of a participating State to recover in respect of the loss or damage, and

(ii)  judgment has been entered for the defendant in those proceedings.

435C Offences committed partly in and partly outside jurisdiction

If:

(a)  a person does or omits to do an act outside this State, and

(b)  if the person had done or omitted to do that act in this State, the person would, by reason of also having done or omitted to do an act in the State, have been guilty of an offence against this Act,

the person is guilty of that offence.

435D Reciprocity in relation to offences

If:

(a)  a person does or omits to do an act within this State, and

(b)  if that person had done or omitted to do that act in a participating State, the person would have been guilty of an offence against a provision of a co-operatives law of the participating State,

the person is guilty of an offence against the corresponding provision of this Act.

[219]–[240] (Repealed)

sch 1: Am 1997 No 147, Schs 1.4 [1]–[3], 2.7; 1999 No 2, Sch 3; 2001 No 76, sec 5.