Co-operatives National Law (ACT) Act 2017


Published: 2019-12-01

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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Australian Capital Territory

Co-operatives National Law (ACT) Act 2017

A2017-8

Republication No 3

Effective: 1 December 2019

Republication date: 1 December 2019

Last amendment made by A2019-18 (republication for amendments by A2018-52 as amended by A2019-18)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

About this republication

The republished law

This is a republication of the Co-operatives National Law (ACT) Act 2017 (including any

amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on

1 December 2019. It also includes any commencement, amendment, repeal or expiry affecting

this republished law to 1 December 2019.

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

and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT

legislation register at www.legislation.act.gov.au):

• authorised republications to which the Legislation Act 2001 applies

• unauthorised republications.

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

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial

amendments and other changes of a formal nature when preparing a law for republication.

Editorial changes do not change the effect of the law, but have effect as if they had been made by

an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The

changes are made if the Parliamentary Counsel considers they are desirable to bring the law into

line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law

are accessible on the ACT legislation register (www.legislation.act.gov.au). For more

information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the

symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation

Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an

individual and $810 for a corporation (see Legislation Act 2001, s 133).

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Australian Capital Territory

Co-operatives National Law (ACT) Act 2017

Contents

Page

Part 1 Preliminary

1 Name of Act 2

3 Dictionary 2

4 Terms used in Co-operatives National Law (ACT) 2

5 Notes 2

6 Offences against Act—application of Criminal Code etc 3

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

7 Application of Co-operatives National Law and Co-operatives National Regulations 4

8 Exclusion of Legislation Act 5

Contents

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Part 3 Some matters referred to in Co-operatives National Law (ACT)

9 Meaning of certain terms in Co-operatives National Law (ACT) 7

10 Corporations application legislation—the Law, s 4 7

11 Designated authority—the Law, s 4 7

12 Designated instrument—the Law, s 4 8

13 Designated tribunal—the Law, s 4 11

14 Shares compulsorily acquired—the Law, s 436 12

15 Deregistration—the Law, s 453 13

16 Costs of inquiry—the Law, s 530 13

17 Secrecy—the Law, s 537 13

18 Pecuniary penalty orders—the Law, s 556 14

19 Registrar of Co-operatives—the Law, s 595 14

20 Protection of officials from liability—the Law, s 595 14

21 Stamp duty on transfer—the Law, s 620 15

22 Registration fees—the Law, s 620 16

Part 4 Application of Corporations Act

23 Definitions—pt 4 17

24 Provisions to which this part applies 17

25 Effect of declaratory provisions 18

26 Modifications to applied Corporations law 19

27 Conferral of functions on ASIC 20

28 Conferral of functions on ACT courts 20

29 Implied application of regulations and other provisions of Corporations legislation 21

30 Proceedings for offences 21

31 Application of Corporations legislation by other means 22

Part 5 Miscellaneous

32 Rules of co-operatives formed to carry on club may restrict voting rights 23

33 Proceeding for offences 23

34 Proceeding for recovery of fines or penalties under co-operatives rules 24

35 Regulation-making power—local regulations 24

Contents

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Part 10 Transitional

50 Meaning of commencement day—pt 10 26

51 Exclusion of Legislation Act—Co-operatives National Regulations 26

52 Saving of operation of Cooperatives Act 2002 26

53 Registration of co-operatives 27

54 Minimum paid up amount of shares—the Law, s 78 (4) 27

55 Entitlements of former members of trading co-operatives—the Law, sch 3, s 1 27

56 Entitlement to distribution from business or reserves of co-operative 28

57 Transitional regulations 28

58 Expiry—pt 10 28

Schedule 1 Modifications—Co-operatives National Law 29

Dictionary 36

Endnotes

1 About the endnotes 38

2 Abbreviation key 38

3 Legislation history 39

4 Amendment history 40

5 Earlier republications 41

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Australian Capital Territory

Co-operatives National Law (ACT) Act 2017

An Act to apply a national law relating to co-operatives, and for other purposes

Part 1 Preliminary

Section 1

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Part 1 Preliminary

1 Name of Act

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

3 Dictionary

(1) The dictionary at the end of this Act is part of this Act.

(2) A definition in the dictionary applies to the local application

provisions of this Act.

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

Act, and includes references (signpost definitions) to other terms defined

elsewhere in this Act.

For example, the signpost definition ‘local regulations—see section 35.’

means that the term ‘local regulations’ is defined in that section and the

definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to

the entire Act unless the definition, or another provision of the Act,

provides otherwise or the contrary intention otherwise appears (see

Legislation Act, s 155 and s 156 (1)).

4 Terms used in Co-operatives National Law (ACT)

Terms used in the local application provisions of this Act and also in

the Co-operatives National Law (ACT) have the same meanings in

those provisions as they have in the Co-operatives National Law

(ACT).

Note A definition in an Act applies except so far as the contrary intention

appears (see Legislation Act, s 155).

5 Notes

A note included in the local application provisions of this Act is

explanatory and is not part of this Act.

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

Preliminary Part 1

Section 6

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6 Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see

Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility

(including burdens of proof and general defences), and defines terms used

for offences to which the Code applies (eg conduct, intention,

recklessness and strict liability).

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

Section 7

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Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

7 Application of Co-operatives National Law and Co-operatives National Regulations

(1) Subject to this section, the Co-operatives National Law, as in force

from time to time, set out in the appendix to the NSW Act—

(a) applies as a territory law, as modified by schedule 1; and

(b) as so applying may be referred to as the Co-operatives National

Law (ACT); and

(c) so applies as if it were part of this Act.

(2) A law that amends the Co-operatives National Law set out in the

appendix to the NSW Act and is passed by the New South Wales

Parliament after this Act’s notification day must be presented to the

Legislative Assembly not later than 6 sitting days after the day it is

passed.

(3) The amending law may be disallowed by the Legislative Assembly in

the same way, and within the same period, that a disallowable

instrument may be disallowed.

Note See the Legislation Act, s 65 (Disallowance by resolution of Assembly).

(4) If the amending law is not presented to the Legislative Assembly in

accordance with subsection (2), or is disallowed under subsection (3),

the Co-operatives National Law applying under subsection (1) is

taken—

(a) not to include the amendments made by the amending law; and

(b) to include any provision repealed or amended by the amending

law as if the amending law had not been made.

Application of Co-operatives National Law and Co-operatives National Regulations

Part 2

Section 8

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(5) The Co-operatives National Regulations, as in force from time to

time—

(a) apply as Co-operatives National Regulations in force under the

Co-operatives National Law (ACT), as modified by local

regulations; and

(b) as so applying may be referred to as the Co-operatives National

Regulation (ACT).

(6) In this section:

NSW Act means the Co-operatives (Adoption of National Law)

Act 2012 (NSW).

8 Exclusion of Legislation Act

(1) The Legislation Act does not apply to the Co-operatives National

Law (ACT).

(2) However, the Legislation Act, chapter 7 (Presentation, amendment

and disallowance of subordinate laws and disallowable instruments)

applies to the Co-operatives National Regulation (ACT) as if—

(a) a reference to a subordinate law were a reference to the

Co-operatives National Regulations; and

(b) a reference to ‘notification day’ in the Legislation Act,

section 64 (Presentation of subordinate laws and disallowable

instruments) were a reference to ‘published’ as mentioned in the

Co-operatives National Law (ACT), section 614 (1)

(Publication and commencement of National Regulations); and

(c) any other necessary changes were made.

Part 2 Application of Co-operatives National Law and Co-operatives National Regulations

Section 8

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(3) Also, the Legislation Act, part 6.3 (Making of certain statutory

instruments about fees) and chapter 7 (Presentation, amendment and

disallowance of subordinate laws and disallowable instruments)

apply to the provisions of the Co-operatives National Law (ACT)

modified by the following:

(a) schedule 1, modifications 1.1A to 1.1E;

(b) schedule 1, modification 1.5A;

(c) schedule 1, modifications 1.5C and 1.5D;

(d) schedule 1, modification 1.12A;

(e) schedule 1, modifications 1.15 and 1.16.

(4) This section does not limit the application of the Legislation Act to

the local application provisions of this Act.

Some matters referred to in Co-operatives National Law (ACT) Part 3

Section 9

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Part 3 Some matters referred to in Co-operatives National Law (ACT)

9 Meaning of certain terms in Co-operatives National Law (ACT)

In the Co-operatives National Law (ACT):

police officer means a police officer.

Note The Legislation Act, dictionary, pt 1 defines police officer as a member

or special member of the Australian Federal Police.

public sector official means a public employee.

Note Public employee means a public servant, a person employed by a territory

instrumentality or a statutory office-holder or a person employed by a

statutory office-holder (see Legislation Act, dict, pt 1).

Registrar means the Registrar of Co-operatives designated under

section 19 (Registrar of Co-operatives—the Law, s 595).

this jurisdiction means the ACT.

10 Corporations application legislation—the Law, s 4

The Corporations application legislation for the ACT is this Act,

part 4 (Application of Corporations Act).

11 Designated authority—the Law, s 4

(1) The Registrar is the designated authority for the following provisions

of the Co-operatives National Law (ACT):

(a) section 15 (Modifications to applied provisions);

(b) section 492 (Appointment of inspectors);

(c) section 494 (Inspector’s identity card);

(d) section 520 (Appointment of investigators);

Part 3 Some matters referred to in Co-operatives National Law (ACT)

Section 12

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(e) section 601 (Inspection of register of co-operatives);

(f) section 622 (Approval of forms).

(2) A magistrate is the designated authority for the following provisions

of the Co-operatives National Law (ACT):

(a) section 504 (Warrants);

(b) section 505 (Warrants—applications made otherwise than in

person).

12 Designated instrument—the Law, s 4

(1) The designated instrument for a provision of the Co-operatives

National Law (ACT) mentioned in an item in table 12, column 2, for

the case mentioned in column 4, is the instrument mentioned in

column 5 for the item and case.

Table 12 Designated instruments column 1

item

column 2

section

column 3

description

column 4

case

column 5

designated instrument

1 33 (1) certificate of registration all cases notifiable

instrument

2 35 (5) exemption from special postal

ballot for amendment of rules of

conversion

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

3 60 (2) specifying rule amendments

requiring prior approval by

Registrar

all cases notifiable

instrument

4 71 (1) exemption from requirements of

pt 2.4, div 2

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

Some matters referred to in Co-operatives National Law (ACT) Part 3

Section 12

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column 1

item

column 2

section

column 3

description

column 4

case

column 5

designated instrument

5 92 (6) exemption from complying with

disclosure direction

all cases written order

6 171 (1) exemption from requirements of

pt 2.6, div 5

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

7 221 (1) approval of omission of ‘Limited’

or ‘Ltd’ from name

all cases notifiable

instrument

8 226 (6) exemption from requirement to

display location notice

individual

small

co-operative

written order

all small

co-operatives

notifiable

instrument

class of

co-operatives

notifiable

instrument

9 316 (1) exemption for individual

co-operative from accounting and

auditing provisions

all cases written order

10 317 (1) exemption for class of

co-operatives from accounting

and auditing provisions

all cases notifiable

instrument

11 319 (1) exemption for non-auditor

members and former members of

audit firms, and former

employees of audit companies

from accounting and auditing

provisions

all cases notifiable

instrument

12 320 (1) exemption for classes of

non-auditor members etc from

accounting and auditing

provisions

all cases notifiable

instrument

Part 3 Some matters referred to in Co-operatives National Law (ACT)

Section 12

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column 1

item

column 2

section

column 3

description

column 4

case

column 5

designated instrument

13 322 (1) exemption from National

Regulations made under pt 3.3

all cases notifiable

instrument

14 338 (6) exemption from compliance with

s 338

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

15 343 (10) exemption from compliance with

s 343

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

16 359 (3) exemption from compliance with

s 359 or s 248

all cases written order

17 363 (2) stating maximum greater than

20% of nominal value of issued

share capital

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

18 372 (1) exemption of person or class of

persons from the operation of

pt 3.5, div 1

all cases notifiable

instrument

19 380 (1) exemption from compliance with

pt 3.5, div 2 or s 248

all cases written order

20 397 (4) exemption from compliance with

s 397

all cases written order

21 401 (7) notification by Registrar of date

of effect of transfer of

engagements between

co-operatives

all cases notifiable

instrument

22 404 (4) exemption from compliance with

s 404 or s 248

all cases written order

23 443 (5) liquidator’s notice of appointment all cases written

notice

Some matters referred to in Co-operatives National Law (ACT) Part 3

Section 13

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column 1

item

column 2

section

column 3

description

column 4

case

column 5

designated instrument

24 445 (3) exemption from compliance with

s 445 or s 248

individual

co-operative

written order

class of

co-operatives

notifiable

instrument

25 607 (3) Registrar's approval individual

co-operative

or person

written order

class of

co-operatives

or persons

notifiable

instrument

(2) In this section:

notifiable instrument means a notifiable instrument in the approved

form.

Note A notifiable instrument must be notified under the Legislation Act.

written notice means a written notice in the approved form.

written order means a written order in the approved form.

13 Designated tribunal—the Law, s 4

(1) The designated tribunal for the Co-operatives National Law (ACT)

is—

(a) for part 7.3 (Appeals and review) of the Law—the ACAT; or

(b) for any other provision of the Law—the Magistrates Court.

Part 3 Some matters referred to in Co-operatives National Law (ACT)

Section 14

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(2) In a proceeding under this Act in which the Magistrates Court is the

designated tribunal, the Magistrates Court may, on its own initiative

or on application by a party to the proceeding—

(a) transfer the proceeding to the Supreme Court on the ground that

the proceeding raises a complex question or matter of general

importance; or

(b) reserve a question of law for determination by the Supreme

Court.

(3) If a proceeding has been transferred to the Supreme Court under

subsection (2) (a), the proceeding may be continued and completed

as if steps taken in the proceeding prior to the transfer had been taken

in the Supreme Court.

14 Shares compulsorily acquired—the Law, s 436

For the Co-operatives National Law (ACT), section 436 (3) (b) (ii),

the Corporations Act, section 1341 (1) and (2) (Entitlement to

unclaimed property) are taken to be omitted and substituted by the

following subsections and note:

‘(1) If unclaimed property is an amount of money, the amount must

be paid to the public trustee and guardian.

Note A person who claims to be entitled to an amount paid to the public

trustee and guardian under this section may apply to the public

trustee for payment of the amount (see Unclaimed Money

Act 1950, pt 5).

(2) If unclaimed property has been sold or disposed of under

section 1339 (2), the amount of the proceeds must be paid to the

public trustee and guardian.’

Some matters referred to in Co-operatives National Law (ACT) Part 3

Section 15

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15 Deregistration—the Law, s 453

(1) For the Co-operatives National Law (ACT), section 453 (d)

(Application of Corporations Act—deregistration), a reference to the

Commonwealth in any of the following sections of the Corporations

Act is taken to be a reference to the Territory:

(a) section 601AD (Effect of deregistration);

(b) section 601AE (What the Commonwealth or ASIC does with

the property);

(c) section 601AF (The Commonwealth’s and ASIC’s power to

fulfil outstanding obligations of deregistered company).

(2) For the Co-operatives National Law (ACT), section 453 (e), a

reference in the Corporations Act, section 601AE, to crediting an

amount to a Special Account (within the meaning of the Public

Governance, Performance and Accountability Act 2013 of the

Commonwealth) is taken to be a reference to crediting the amount to

the consolidated revenue fund.

16 Costs of inquiry—the Law, s 530

For the Co-operatives National Law (ACT), section 530 (3) (b)

(Costs of inquiry), the prescribed entity is the Territory.

17 Secrecy—the Law, s 537

(1) For the Co-operatives National Law (ACT), section 537 (4) (c)

(Secrecy), information may be divulged to the following entities:

(a) the Treasurer;

(b) the commissioner for revenue;

(c) the auditor-general;

(d) the ombudsman;

Part 3 Some matters referred to in Co-operatives National Law (ACT)

Section 18

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(e) the integrity commission;

(f) a person nominated by a person mentioned in paragraphs (a)

to (d).

(2) For the Co-operatives National Law (ACT), section 537 (6),

definition of former Act, the Cooperatives Act 2002 is specified.

18 Pecuniary penalty orders—the Law, s 556

For the Co-operatives National Law (ACT), section 556 (2)

(Pecuniary penalty orders), a pecuniary penalty ordered to be paid in

this jurisdiction is to be paid and treated as a civil debt owed to the

Territory.

Note An amount owing under a law may be recovered as a debt in a court of

competent jurisdiction or the ACAT (see Legislation Act, s 177).

19 Registrar of Co-operatives—the Law, s 595

The commissioner for fair trading is designated as the Registrar of

Co-operatives and may exercise the functions of the Registrar of

Co-operatives under—

(a) the local application provisions of this Act; and

(b) the local regulations; and

(c) the Co-operatives National Law (ACT); and

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

20 Protection of officials from liability—the Law, s 595

(1) An official is not civilly liable for conduct engaged in honestly and

without recklessness—

(a) in the exercise of a function; or

(b) in the reasonable belief that the conduct was in the exercise of a

function.

Some matters referred to in Co-operatives National Law (ACT) Part 3

Section 21

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(2) Any civil liability that would, apart from this section, attach to the

official attaches instead to the Territory.

(3) In this section:

conduct means an act or omission to do an act.

function means a function under—

(a) the local application provisions of this Act; or

(b) the local regulations; or

(c) the Co-operatives National Law (ACT); or

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

official means—

(a) the Minister; or

(b) the Registrar; or

(c) a public sector official engaged in the administration of the local

application provisions of this Act or the Co-operatives National

Law (ACT).

Note A reference to an Act includes a reference to the statutory instruments

made or in force under the Act, including any regulation (see Legislation

Act, s 104).

21 Stamp duty on transfer—the Law, s 620

(1) This section applies if—

(a) a co-operative that transfers its incorporation under the

Co-operatives National Law (ACT), part 4.3 (Mergers and

transfers of engagements), division 2 (Transfer of

incorporation), was before its registration as a co-operative

under that Law a company under the Corporations Act; and

Part 3 Some matters referred to in Co-operatives National Law (ACT)

Section 22

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(b) stamp duty had been paid on its incorporation as a company in

relation to the amount of the nominal capital of the company (or,

if the nominal capital was subsequently increased, on the

amount of its nominal capital as increased).

(2) Any stamp duty paid must be taken into account and included in

assessing the stamp duty payable on its incorporation or registration

in accordance with the transfer.

22 Registration fees—the Law, s 620

No fee is chargeable under any Act for registration of an instrument

executed or registered in relation to a transfer of any property to give

effect to the Co-operatives National Law (ACT), section 413 (Effect

of merger or transfer on assets and liabilities) or section 481 (Effect

of merger or transfer of engagements) in relation to—

(a) a merger of co-operatives; or

(b) a transfer of engagements; or

(c) a transfer of incorporation.

Application of Corporations Act Part 4

Section 23

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Part 4 Application of Corporations Act

23 Definitions—pt 4

In this part:

applied Corporations law means a provision or provisions of the

Corporations legislation, or of an Act, regulation or other instrument

forming part of the Corporations legislation, that this part applies to a

matter as if the provision were a territory law.

Corporations legislation means the Corporations legislation to which

the Corporations Act, part 1.1A (Interaction between Corporations

legislation and State and Territory laws) applies.

declaratory provision means a provision of a territory law to which

this part applies by operation of section 24.

matter includes act, omission, body, person or thing.

modification includes addition, exception, omission or substitution.

24 Provisions to which this part applies

(1) This part applies to a provision if the provision declares a matter to

be an applied Corporations legislation matter for the purposes of this

part in relation to any of the following (whether with or without

modifications):

(a) the whole of the Corporations legislation;

(b) a specified Act, regulations or other instrument forming part of

the Corporations legislation;

(c) a specified provision of the Corporations legislation or of an

Act, regulation or other instrument forming part of the

Corporations legislation.

Part 4 Application of Corporations Act

Section 25

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(2) Subsection (1) does not apply to a provision to the extent that it

declares a matter to be an applied Corporations legislation matter for

the purposes of this part in relation to a provision of the Corporations

legislation, or of an Act, regulations or other instrument forming part

of the Corporations legislation, that already applies to the matter as a

law of the Commonwealth.

25 Effect of declaratory provisions

(1) Subject to this part, a declaratory provision has effect in relation to a

matter as follows:

(a) if the declaratory provision is one to which section 24 (1) (a)

applies—the whole of the Corporations legislation applies to the

matter as if it were a territory law;

(b) if the declaratory provision is one to which section 24 (1) (b)

applies—the Act, regulation or other instrument specified by the

declaratory provision applies to the matter as if it were a territory

law;

(c) if the declaratory provision is one to which section 24 (1) (c)

applies—the provision specified by the declaratory provision

applies in relation to the matter as if it were a territory law.

(2) A provision applied to a matter by a declaratory provision, or taken

by force of section 29 (1) (Implied application of regulations and

other provisions of Corporations legislation) to apply to the matter, is

applied as in force from time to time unless the declaratory provision

applies it as in force at a particular time specified by the declaratory

provision.

Application of Corporations Act Part 4

Section 26

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26 Modifications to applied Corporations law

(1) This part operates to apply a provision of the Corporations legislation,

or of an Act, regulation or other instrument forming part of the

Corporations legislation, as a territory law subject to the following

modifications:

(a) any modifications specified by or under the declaratory

provision;

Note The Co-operatives National Law (ACT), s 15 also modifies the

applied provisions, including modifying references to ASIC and

the gazette.

(b) a reference to the Minister is a reference to the Minister

administering the declaratory provision;

(c) a reference to this jurisdiction is a reference to the ACT;

(d) any other modifications that are necessary or prescribed by

regulation, whether generally or in relation to a particular

applied Corporations law.

(2) Any power to make regulations under an Act containing a declaratory

provision extends to the making of regulations specifying

modifications for the purposes of this part.

(3) Except as provided by subsection (1), definitions and other

interpretation provisions of the Corporations legislation, or of the Act,

regulations or other instrument forming part of the Corporations

legislation, relevant to the applied Corporations law are taken also to

apply to the matter that is the subject of the declaratory provision.

(4) This section has effect subject to the following sections:

(a) section 27 (Conferral of functions on ASIC);

(b) section 28 (Conferral of functions on ACT courts);

Part 4 Application of Corporations Act

Section 27

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(c) section 29 (Implied application of regulations and other

provisions of Corporations legislation);

(d) section 30 (Proceedings for offences).

27 Conferral of functions on ASIC

(1) Neither a declaratory provision nor an applied Corporations law

operates to confer a function on ASIC in relation to the applied

Corporations law unless—

(a) the declaratory provision provides for ASIC to exercise that

function pursuant to an agreement or arrangement of the kind

referred to in the Australian Securities and Investments

Commission Act 2001 (Cwlth), section 11 (8) or (9A) (b)

(Corporations legislation functions and powers and other

functions and powers); and

(b) ASIC is authorised to exercise that function under the Australian

Securities and Investments Commission Act 2001 (Cwlth),

section 11.

(2) If a declaratory provision operates to confer a function on ASIC in

relation to an applied Corporations law, the conferral of that function

is taken not to impose a duty to exercise that function despite anything

to the contrary in the applied Corporations law.

28 Conferral of functions on ACT courts

An applied Corporations law that confers a function or duty on a court

or on the Court is taken to confer that function or duty (along with the

jurisdiction to exercise that function or duty) on the Supreme Court

or such other court of the ACT specified by or under the declaratory

provision.

Application of Corporations Act Part 4

Section 29

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29 Implied application of regulations and other provisions of Corporations legislation

(1) Unless a declaratory provision provides otherwise, the following

provisions of the Corporations legislation, or of an Act, regulation or

other instrument forming part of the Corporations legislation, are also

taken to apply to a matter that is the subject of a declaratory provision

as if they were a territory law:

(a) the provisions of any regulations made under the applied

Corporations law;

(b) any provision of the Corporations legislation, or of an Act,

regulation or other instrument forming part of the Corporations

legislation, that creates an offence in relation to a contravention

of the applied Corporations law or specifies the penalty for an

offence created by a provision of the applied Corporations law;

(c) the provisions of the Corporations Act, part 9.4B (Civil

consequences of contravening civil penalty provisions) for the

purposes of any provision of the applied Corporations law that

is a civil penalty provision within the meaning of that part.

(2) The regulations may prescribe modifications (whether generally or in

relation to a particular applied Corporations law) of any of the

provisions that are also taken to apply to a matter by force of

subsection (1) for the purposes of that application.

30 Proceedings for offences

(1) Proceedings for an offence against an applied Corporations law may

be dealt with as an offence against a territory law.

(2) For the purposes of an offence against an applied Corporations law—

(a) the amount of a penalty unit specified in relation to the offence

by the applied Corporations law, or a provision taken by force

of section 29 (1) to apply to the matter that is the subject of the

declaratory provision, is $100; and

Part 4 Application of Corporations Act

Section 31

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(b) territory laws apply in relation to the offence as if the applied

Corporations law, or a provision taken by force of section 29 (1)

to apply to the matter that is the subject of the declaratory

provision, were a territory law.

(3) Without limiting subsection (2) (b), the territory law referred to in

that subsection as applying in relation to an offence include laws with

respect to the following:

(a) the investigation and prosecution of offences;

(b) the arrest, custody, bail, trial, finding of guilt and conviction of

persons charged with offences;

(c) proceedings relating to a matter referred to in paragraph (a)

or (b);

(d) the classification of offences as indictable or summary;

(e) appeals and reviews relating to criminal proceedings and to

proceedings of the kind referred to in paragraph (c);

(f) the sentencing, punishment and release of persons found guilty

or convicted of offences;

(g) fines, penalties and forfeitures;

(h) confiscation of the proceeds of crime.

31 Application of Corporations legislation by other means

Nothing in this part prevents a territory law from applying any

provision of the Corporations legislation, or of an Act, regulations or

other instrument forming part of the Corporations legislation, as a

territory law otherwise than by means of a declaratory provision.

Miscellaneous Part 5

Section 32

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Part 5 Miscellaneous

32 Rules of co-operatives formed to carry on club may restrict voting rights

(1) This section applies to a co-operative that has as a primary activity

the operation, maintenance or carrying on of a club.

(2) The rules of the co-operative may provide for different classes of

membership, and restrict the voting rights attaching to membership

of those different classes, only if—

(a) the Registrar approves of the provision; and

(b) the membership of the class or classes entitled to full voting

rights constitutes at least 40% of the total membership of the

co-operative.

(3) A rules provision mentioned in subsection (2) may be amended only

with the prior approval of the Registrar.

33 Proceeding for offences

(1) A proceeding for an offence is to be disposed of summarily in the

Magistrates Court.

(2) A proceeding for an offence under the local application provisions of

this Act may be commenced—

(a) not later than 5 years after the alleged commission of the

offence; and

(b) only by the Registrar or a person authorised, in writing, by the

Registrar to commence proceedings.

Note The Co-operatives National Regulation (ACT), s 551 and s 552 deal with

commencing proceedings for an offence under that Law or the

Co-operatives National Regulations.

Part 5 Miscellaneous

Section 34

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(3) In this section:

offence means an offence under—

(a) the local application provisions of this Act; or

(b) the local regulations; or

(c) the Co-operatives National Law (ACT); or

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

34 Proceeding for recovery of fines or penalties under co-operatives rules

A proceeding for the recovery of a fine or penalty imposed by the

rules of a co-operative may be commenced—

(a) in the Magistrates Court; and

(b) only on application by the co-operative.

35 Regulation-making power—local regulations

(1) The Executive may make regulations (the local regulations) for—

(a) the local application provisions of this Act; and

(b) the Co-operatives National Law (ACT).

Note 1 For the power to make regulations, see the Legislation Act, s 44.

Note 2 A regulation must be notified, and presented to the Legislative Assembly,

under the Legislation Act.

(2) A regulation may make provision in relation to—

(a) the administration of the Co-operatives National Law (ACT);

and

(b) procedural matters relating to any aspects of the Co-operatives

National Law (ACT); and

Miscellaneous Part 5

Section 35

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(c) without limiting paragraph (a) or (b), administrative matters

relating to the supervision and inspection of co-operatives.

(3) A regulation may create offences and fix maximum penalties for the

offences of not more than the amount mentioned in the Co-operatives

National Law (ACT), section 612 (5) (Power to make Co-operatives

National Regulations).

Part 10 Transitional

Section 50

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Part 10 Transitional

50 Meaning of commencement day—pt 10

In this part:

commencement day means the day section 3 commences.

51 Exclusion of Legislation Act—Co-operatives National Regulations

(1) This section applies if Co-operatives National Regulations are

published before the commencement day.

(2) Section 8 (2) applies as if the Co-operatives National Regulations

were published on the commencement day.

52 Saving of operation of Cooperatives Act 2002

(1) The repeal of the Cooperatives Act 2002 does not affect an existing

right, privilege or liability acquired, accrued or incurred under that

Act.

Note A reference to an Act includes a reference to the statutory instruments

made or in force under the Act, including any regulation (see Legislation

Act, s 104).

(2) An investigation, proceeding or remedy in relation to an existing

right, privilege or liability under the Cooperatives Act 2002 may be

started, exercised, continued or completed, and the right, privilege or

liability may be enforced and any penalty imposed, as if the repeal

had not happened.

(3) In this section:

liability includes liability to penalty for an offence against the law.

penalty includes punishment and forfeiture.

privilege includes immunity.

right includes capacity, interest, status and title.

Transitional Part 10

Section 53

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53 Registration of co-operatives

(1) This section applies if, immediately before the commencement day,

a co-operative was registered under the Cooperatives Act 2002.

(2) The co-operative is, on the commencement day—

(a) taken to be registered under the Co-operatives National Law

(ACT); and

(b) if the co-operative was—

(i) a trading co-operative under the Cooperatives Act 2002

taken to be a distributing co-operative under the

Co-operatives National Law (ACT); or

(ii) a non-trading co-operative under the Cooperatives

Act 2002—taken to be a non-distributing co-operative

under the Co-operatives National Law (ACT).

54 Minimum paid up amount of shares—the Law, s 78 (4)

The Co-operatives National Law (ACT), section 78 (Minimum paid

up amount) does not affect shares issued before the commencement

day.

55 Entitlements of former members of trading co-operatives—the Law, sch 3, s 1

(1) This section applies if a person’s membership of a trading

co-operative was cancelled before the commencement day.

(2) A reference in the Co-operatives National Law (ACT), part 2.6,

division 5 (Entitlements of former members of distributing

co-operatives) to a period of 2 years after the person’s shares were

forfeited is taken to be a reference to a period of 5 years after the

person’s shares were forfeited.

Part 10 Transitional

Section 56

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56 Entitlement to distribution from business or reserves of co-operative

Any entitlement that a member or former member of a co-operative

had immediately before the commencement of this section, in relation

to a surplus arising from the business of the co-operative or a part of

the reserves of the co-operative, continues in force until satisfied.

57 Transitional regulations

(1) A regulation may prescribe transitional matters necessary or

convenient to be prescribed because of the enactment of this Act.

(2) A regulation may modify this part (including in relation to another

territory law) to make provision in relation to anything that, in the

Executive’s opinion, is not, or is not adequately or appropriately,

dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything else in

this Act or another territory law.

58 Expiry—pt 10

This part expires 5 years after the commencement day.

Note Transitional provisions are kept in the Act for a limited time.

A transitional provision is repealed on its expiry but continues to have

effect after its repeal (see Legislation Act, s 88).

Modifications—Co-operatives National Law Schedule 1

Modification [1.1AA]

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Schedule 1 Modifications—Co-operatives National Law

(see s 7)

[1.1AA] Section 4, new definition of disallowable instrument

insert

disallowable instrument—see the Legislation Act 2001 (ACT),

section 9.

[1.1] Section 15 (2) (f)

substitute

(f) a reference in the applied provisions to notification (however

described) in the Gazette is to be read as a reference to

notification under the Legislation Act;

[1.1A] Section 26 (1) (b) (ii)

substitute

(ii) determined by the Minister by disallowable instrument;

and

Note A disallowable instrument must be notified, and presented

to the Legislative Assembly, under the Legislation Act.

[1.1B] Section 31 (b) (ii)

substitute

(ii) determined by the Minister by disallowable instrument;

and

Note A disallowable instrument must be notified, and presented

to the Legislative Assembly, under the Legislation Act.

Schedule 1 Modifications—Co-operatives National Law

Modification [1.1C]

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[1.1C] Section 37 (b) (ii)

substitute

(ii) determined by the Minister by disallowable instrument;

and

Note A disallowable instrument must be notified, and presented

to the Legislative Assembly, under the Legislation Act.

[1.1D] Section 57 (2) (b)

omit

(b) prescribed by the local regulations;

for obtaining a copy of the rules from the Registrar.

substitute

(b) determined by the Minister by disallowable instrument;

for obtaining a copy of the rules from the Registrar.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

[1.1E] Section 57 (3) (b)

substitute

(b) determined by the Minister by disallowable instrument.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

[1.2] Section 88 (1), penalty

omit

or imprisonment for 6 months, or both

Modifications—Co-operatives National Law Schedule 1

Modification [1.3]

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[1.3] Section 88 (2), penalty

omit

or imprisonment for 6 months, or both

[1.4] Section 90 (1), penalty

omit

or imprisonment for 6 months, or both

[1.5] Section 92 (1), penalty

omit

or imprisonment for 3 months, or both

[1.5A] Section 92 (8) (b)

substitute

(b) determined by the Minister by disallowable instrument.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

[1.5B] New section 214 (1) (a) (v)

insert

(v) any disallowable instrument made under this Law;

[1.5C] Section 214 (5) (b)

substitute

(b) determined by the Minister by disallowable instrument.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

Schedule 1 Modifications—Co-operatives National Law

Modification [1.5D]

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[1.5D] Section 243 (2) (c) and note

substitute

(c) be accompanied by the filing fee:

(i) prescribed by the National Regulations, unless

subparagraph (ii) applies; or

(ii) determined by the Minister by disallowable instrument.

Note 1 See section 444 (4) (a) regarding the period within which a special

resolution must be filed with the Registrar in connection with the

voluntary winding up of a co-operative.

Note 2 A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

[1.6] Section 252 (1), penalty

omit

or imprisonment for 3 months, or both

[1.7] Section 252 (2), penalty

omit

or imprisonment for 3 months, or both

[1.8] Section 286 (4), penalty

omit

penalty units or imprisonment for 3 months, or both

[1.9] Section 287 (1), penalty

omit

or imprisonment for 3 months, or both

Modifications—Co-operatives National Law Schedule 1

Modification [1.10]

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[1.10] Section 340 (1), penalty

omit

or imprisonment for 6 months, or both

[1.11] Section 340 (2), penalty

omit

or imprisonment for 6 months, or both

[1.12] Section 453 (e)

omit

(within the meaning of the Financial Management and

Accountability Act 1997 of the Commonwealth)

substitute

(within the meaning of the Public Governance, Performance and

Accountability Act 2013 (Cwlth))

[1.12A] Section 522 (4) (b)

substitute

(b) determined by the Minister by disallowable instrument.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

Schedule 1 Modifications—Co-operatives National Law

Modification [1.13]

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[1.13] Section 570

substitute

570 Operation of Part—appeal means review

A reference in this part to an appeal against a decision of the Registrar

means a review of the decision.

Note Decisions are reviewed under the ACT Civil and Administrative Tribunal

Act 2008, pt 4A.

[1.14] New section 578 (4)

insert

(4) In this section:

rules of the designated tribunal means the ACT Civil and

Administrative Tribunal Act 2008.

Note A reference to an Act includes a reference to the statutory instruments

made or in force under the Act, including any regulation (see Legislation

Act, s 104).

[1.15] Section 601 (5), definition of prescribed fee, paragraph (b)

substitute

(b) determined by the Minister by disallowable instrument.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

Modifications—Co-operatives National Law Schedule 1

Modification [1.16]

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[1.16] Section 604 (b)

omit

(ii) prescribed by the local regulations;

has been paid.

substitute

(ii) determined by the Minister by disallowable instrument;

has been paid.

Note A disallowable instrument must be notified, and presented to the

Legislative Assembly, under the Legislation Act.

Dictionary

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Dictionary (see s 3)

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

this Act.

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

• ACAT

• ACT

• auditor-general

• commissioner for fair trading

• commissioner for revenue

• Corporations Act

• director-general (see s 163)

• disallowable instrument (see s 9)

• instrument (see s 14)

• integrity commission

• magistrate

• Minister (see s 162)

• notifiable instrument (see s 10)

• ombudsman

• police officer

• public employee

• public servant

• public trustee and guardian

• Supreme Court

• territory law

• Treasurer.

applied Corporations law, for part 4 (Application of Corporations

Act)—see section 23.

Co-operatives National Law means the Co-operatives National Law

set out in the appendix to the Co-operatives (Adoption of National

Law) Act 2012 (NSW).

Dictionary

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Co-operatives National Law (ACT) means the provisions applying

because of section 7 (1).

Co-operatives National Regulation (ACT) means the provisions

applying because of section 7 (2).

Co-operatives National Regulations means the Co-operatives

National Regulations made under the Co-operatives National Law.

Corporations legislation, for part 4 (Application of Corporations

Act)—see section 23.

declaratory provision, for part 4 (Application of Corporations Act)—

see section 23.

local application provisions of this Act means the provisions of this

Act other than—

(a) the Co-operatives National Law (ACT); and

(b) the modified text of the Co-operatives National Law (ACT) in

schedule 1.

local regulations—see section 35.

matter, for part 4 (Application of Corporations Act)—see section 23.

modification, for part 4 (Application of Corporations Act)—see

section 23.

Endnotes

1 About the endnotes

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Endnotes

1 About the endnotes

Amending and modifying laws are annotated in the legislation history and the

amendment history. Current modifications are not included in the republished law

but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are

annotated in the amendment history. Full details of any amendments can be

obtained from the Parliamentary Counsel’s Office.

Uncommenced amending laws are not included in the republished law. The details

of these laws are underlined in the legislation history. Uncommenced expiries are

underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered

provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2 Abbreviation key

A = Act NI = Notifiable instrument

AF = Approved form o = order

am = amended om = omitted/repealed

amdt = amendment ord = ordinance

AR = Assembly resolution orig = original

ch = chapter par = paragraph/subparagraph

CN = Commencement notice pres = present

def = definition prev = previous

DI = Disallowable instrument (prev...) = previously

dict = dictionary pt = part

disallowed = disallowed by the Legislative r = rule/subrule

Assembly reloc = relocated

div = division renum = renumbered

exp = expires/expired R[X] = Republication No

Gaz = gazette RI = reissue

hdg = heading s = section/subsection

IA = Interpretation Act 1967 sch = schedule

ins = inserted/added sdiv = subdivision

LA = Legislation Act 2001 SL = Subordinate law

LR = legislation register sub = substituted

LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced

mod = modified/modification or to be expired

Endnotes

Legislation history 3

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3 Legislation history

Co-operatives National Law (ACT) Act 2017 A2017-8

notified LR 4 April 2017

s 1, s 2 commenced 4 April 2017 (LA s 75 (1))

remainder commenced 1 May 2017 (s 2)

as amended by

Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 4

notified LR 9 November 2017

s 1, s 2 commenced 9 November 2017 (LA s 75 (1))

pt 4 commenced 16 November 2017 (s 2 (1))

Integrity Commission Act 2018 A2018-52 sch 1 pt 1.3 (as am by A2019-18 s 4)

notified LR 11 December 2018

s 1, s 2 commenced 11 December 2018 (LA s 75 (1))

sch 1 pt 1.3 commenced 1 December 2019 (s 2 (2) (a) as am by A2019-18 s 4)

Integrity Commission Amendment Act 2019 A2019-18

notified LR 14 June 2019

s 1, s 2 commenced 14 June 2019 (LA s 75 (1))

s 3, s 4 commenced 15 June 2019 (s 2 (1))

Note This Act only amends the Integrity Commission Act 2018 A2018-52.

Endnotes

4 Amendment history

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4 Amendment history

Commencement s 2 om LA s 89 (4)

Exclusion of Legislation Act s 8 am A2017-38 s 10; ss renum R2 LA

Secrecy—the Law, s 537 s 17 am A2018-52 amdt 1.12; pars renum R3 LA

Repeals and consequential amendments pt 6 hdg om LA s 89 (3)

Legislation repealed s 36 om LA s 89 (3)

Legislation amended—sch 2 s 37 om LA s 89 (3)

Transitional pt 10 hdg exp 1 May 2022 (s 58)

Meaning of commencement day—pt 10 s 50 exp 1 May 2022 (s 58)

Exclusion of Legislation Act—Co-operatives National Regulations s 51 exp 1 May 2022 (s 58)

Saving of operation of Cooperatives Act 2002 s 52 exp 1 May 2022 (s 58)

Registration of co-operatives s 53 exp 1 May 2022 (s 58)

Minimum paid up amount of shares—the Law, s 78 (4) s 54 exp 1 May 2022 (s 58)

Entitlements of former members of trading co-operatives—the Law, sch 3, s 1 s 55 exp 1 May 2022 (s 58)

Entitlement to distribution from business or reserves of co-operative s 56 exp 1 May 2022 (s 58)

Transitional regulations s 57 exp 1 May 2022 (s 58)

Expiry—pt 10 s 58 exp 1 May 2022 (s 58)

Modifications—Co-operatives National Law sch 1 am A2017-38 ss 11-15

Endnotes

Earlier republications 5

R3

01/12/19

Co-operatives National Law (ACT) Act 2017

Effective: 01/12/19

page 41

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Consequential amendments sch 2 hdg om LA s 89 (3)

Dictionary dict am A2018-52 amdt 1.13

5 Earlier republications

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

the publication order.

Since 12 September 2001 every authorised republication has been published in

electronic pdf format on the ACT legislation register. A selection of authorised

republications have also been published in printed format. These republications are

marked with an asterisk (*) in column 1. Electronic and printed versions of an

authorised republication are identical.

Republication No and date

Effective Last amendment made by

Republication for

R1 1 May 2017

1 May 2017– 15 Nov 2017

not amended new Act

R2 16 Nov 2017

16 Nov 2017– 30 Nov 2019

A2017-8 amendments by A2017-8

© Australian Capital Territory 2019