Co-operatives (Infringement Penalties Amendment) Regulations 2007

i Co-operatives (Infringement Penalties Amendment) Regulations 2007 S.R. No. 9/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Insertion of new regulation 46A 1 46A Infringement penalties 1 4 New Schedule 9 inserted 2 SCHEDULE 9—Prescribed Infringement Penalties 2 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2007 S.R. No. 9/2007 Co-operatives Act 1996 Co-operatives (Infringement Penalties Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 27 February 2007 Responsible Minister: DANIEL ANDREWS Minister for Consumer Affairs RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Co-operatives Regulations 1997 to prescribe penalties for infringement offences under the Co-operatives Act 1996. 2 Authorising provision These Regulations are made under section 463 of the Co-operatives Act 1996. 3 Insertion of new regulation 46A After regulation 46 of the Co-operatives Regulations 1997 1 insert— "46A Infringement penalties (1) For the purposes of section 456B(2) of the Act, the prescribed infringement penalty for an offence against a provision specified in Column 2 of Schedule 9 is the amount -- 2 of 6 -- S.R. No. 9/2007 Co-operatives (Infringement Penalties Amendment) Regulations 2007 2 specified in Column 4 of Schedule 9 in respect of that provision. (2) A description of an offence in Column 3 of Schedule 9 is not to be taken to affect— (a) the nature or elements of the offence to which the description refers; or (b) the operation of these Regulations.". 4 New Schedule 9 inserted After Schedule 8 to the Co-operatives Regulations 1997 insert— '__________________ SCHEDULE 9 PRESCRIBED INFRINGEMENT PENALTIES Column 1 Item Column 2 Provision of Act Column 3 Description Column 4 Prescribed infringement penalty 1. s. 71 Failure to make available for inspection by board of directors list of shareholders or list of members 5 penalty units 2. s. 75(2) Failure to ensure name of person admitted to membership recorded in register within 28 days 5 penalty units 3. s. 192(4) Failure to give at least 28 days notice to Registrar of proposed special resolution before giving notice to members 5 penalty units 4. s. 238(2) Failure to keep financial records, statements and reports or failure to ensure that they are audited 5 penalty units 5. s. 244(1) Failure to keep proper register 5 penalty units r. 4 -- 3 of 6 -- S.R. No. 9/2007 Co-operatives (Infringement Penalties Amendment) Regulations 2007 3 Column 1 Item Column 2 Provision of Act Column 3 Description Column 4 Prescribed infringement penalty 6. s. 246(6) Failure to permit or assist member to inspect or copy document to which member entitled 5 penalty units 7. s. 246(7) Failure to keep prescribed documents with registers and make them available for inspection 5 penalty units 8. s. 248 Failure to give notice that complies with s. 248(2) to Registrar of appointment or cessation of director, principal executive officer or secretary 5 penalty units 9. s. 249 Failure to send to Registrar within the required period each year an annual report 5 penalty units 10. s. 250 Failure to send to Registrar, on request, list of members and particulars 5 penalty units 11. s. 251 Failure to furnish to Registrar, on request, special return 5 penalty units 12. s. 252(4) Body corporate registering under another Act by a name that includes the words "Co-operative" or "Co-op" 5 penalty units 13. s. 254(2) Contravene s. 254(1) by failure to include name on seal, publications and business documents 5 penalty units 14. s. 256(1) Failure to have a registered office 5 penalty units 15. s. 256(2) Failure to display notice stating name of co-operative and identification as registered office at registered office 5 penalty units r. 4 -- 4 of 6 -- S.R. No. 9/2007 Co-operatives (Infringement Penalties Amendment) Regulations 2007 4 Column 1 Item Column 2 Provision of Act Column 3 Description Column 4 Prescribed infringement penalty 16. s. 256(3) Failure to give Registrar written notice of change of address of registered office 5 penalty units 17. s. 376(1) Failure by foreign co-operative to lodge with Registrar balance sheet within 6 months of end of each of its financial years 5 penalty units 18. s. 409A Failure by person who has lodged a document under this Act to keep the document for 7 years 7⋅5 penalty units '. ═══════════════ r. 4 -- 5 of 6 -- S.R. No. 9/2007 Co-operatives (Infringement Penalties Amendment) Regulations 2007 5 ENDNOTES 1 Reg. 3: S.R. No. 103/1997. Reprint No. 1 as at 16 March 2006. Reprinted to S.R. No. 88/2004. Endnotes -- 6 of 6 --