Co-operatives Amendment Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Co-operatives Amendment Regulations 2012 S.R. No. 81/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Inspection of registers etc. 2 6 Notice of substantial change in substantial share interest 2 7 Security to be given by liquidator 2 8 Inspection of Register 2 9 Amendment of heading to Part 13 3 10 Regulation 35 revoked 3 11 Regulation 36 revoked 3 12 Regulation 37 revoked 3 13 Application for exemption 3 14 Applications for extension or abridgement of time 3 15 Revocation of expiry date 3 16 Register of memberships cancelled under Part 6 of the Act 3 17 Amendments to Schedule 2 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 81/2012 Co-operatives Act 1996 Co-operatives Amendment Regulations 2012 The Governor in Council makes the following Regulations: Dated: 31 July 2012 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Co-operatives Regulations 2008— (a) to revoke the expiry date for the Co-operatives Regulations 2008; and (b) to make other miscellaneous and consequential amendments. 2 Authorising provision These Regulations are made under section 463 of the Co-operatives Act 1996. 3 Commencement These Regulations come into operation on 1 August 2012. -- 2 of 7 -- S.R. No. 81/2012 Co-operatives Amendment Regulations 2012 Authorised by the Chief Parliamentary Counsel 2 4 Principal Regulations In these Regulations, the Co-operatives Regulations 2008 1 are called the Principal Regulations. 5 Inspection of registers etc. In regulation 13(1) of the Principal Regulations, for "inspection—" substitute "inspection by members—". 6 Notice of substantial change in substantial share interest (1) In the heading to regulation 22 of the Principal Regulations, before "change" insert "substantial". (2) In regulation 22 of the Principal Regulations, before "change" (where first occurring) insert "substantial". 7 Security to be given by liquidator In regulation 25 of the Principal Regulations, after "liquidator" insert "who is not a registered liquidator under the Corporations Act". 8 Inspection of Register In regulation 32 of the Principal Regulations— (a) in paragraph (k) omit ", or under clause 44 of Schedule 3 to the Act"; (b) for paragraph (m) substitute— "(m) documents kept by the Registrar under section 468(1)(a) of the Act that— (i) evidence an exemption granted by the Registrar; or (ii) create or evidence a charge, or the complete or partial satisfaction of a charge;". r. 4 -- 3 of 7 -- S.R. No. 81/2012 Co-operatives Amendment Regulations 2012 Authorised by the Chief Parliamentary Counsel 3 9 Amendment of heading to Part 13 In the heading to Part 13 of the Principal Regulations, for "THE SCHEDULES" substitute "SCHEDULE 1". 10 Regulation 35 revoked Regulation 35 of the Principal Regulations is revoked. 11 Regulation 36 revoked Regulation 36 of the Principal Regulations is revoked. 12 Regulation 37 revoked Regulation 37 of the Principal Regulations is revoked. 13 Application for exemption In regulation 47 of the Principal Regulations omit "or clause 44 of Schedule 3 to the Act". 14 Applications for extension or abridgement of time In regulation 54(1) of the Principal Regulations omit "or clause 20(3)(c) of Schedule 3 to the Act". 15 Revocation of expiry date Regulation 57 of the Principal Regulations is revoked. 16 Register of memberships cancelled under Part 6 of the Act (1) After clause 5(1)(b) of Schedule 1 to the Principal Regulations insert— "(ba) if the whereabouts of the member are unknown, the date when the required period of the member's whereabouts being unknown commenced;". r. 9 -- 4 of 7 -- S.R. No. 81/2012 Co-operatives Amendment Regulations 2012 Authorised by the Chief Parliamentary Counsel 4 (2) For clause 5(2)(b) of Schedule 1 to the Principal Regulations substitute— "(b) if the whereabouts of the member are unknown and the amount required to be repaid to the member in respect of the cancelled membership exceeds $50— (i) the date of publication of the required notice in a newspaper; and (ii) the name of the newspaper;". 17 Amendments to Schedule 2 (1) In clause 1(1)(b)(i) of Schedule 2 to the Principal Regulations, for "ballots" substitute "ballot papers". (2) At the end of clause 4 of Schedule 2 to the Principal Regulations insert— '(2) Before forwarding a duplicate ballot paper, the returning officer must cause the corresponding duplicate middle envelope to be marked with the word "duplicate".'. (3) For clause 6(2) of Schedule 2 to the Principal Regulations substitute— "(2) The returning officer must place the outer envelopes in the ballot box— (a) as soon as practicable after each outer envelope is received; and (b) not later than noon on the date fixed for the closing of the ballot.". (4) In clause 7 of Schedule 2 to the Principal Regulations— (a) in subclause (3)(b), for "duplicate outer envelope" substitute "duplicate middle envelope"; r. 17 -- 5 of 7 -- S.R. No. 81/2012 Co-operatives Amendment Regulations 2012 Authorised by the Chief Parliamentary Counsel 5 (b) in subclause (3)(b), for "original outer envelope" substitute "original middle envelope"; (c) in subclause (4)(a), after "officer" insert "or an assistant appointed under clause 2(2)". (5) In clause 8(1) of Schedule 2 to the Principal Regulations, after "cast" (where first occurring) insert ", declare the result". (6) In clause 10(b) of Schedule 2 to the Principal Regulations, for "outer" substitute "middle". ═══════════════ r. 17 -- 6 of 7 -- S.R. No. 81/2012 Co-operatives Amendment Regulations 2012 Authorised by the Chief Parliamentary Counsel 6 ENDNOTES 1 Reg. 4: S.R. No. 133/2008. Endnotes -- 7 of 7 --