CO-OPERATIVES REGULATIONS 1997 S.R. No. 103/1997 Version incorporating amendments as at 10 September 2007 $$A $$T Co-operatives Regulations 1997 - TABLE OF PROVISIONS $$T $$NTABLE Regulation Page PART 1-PRELIMINARY 1. Objective 2. Commencement 3. Authorising provisions 4. Revocation 5. Definitions 6. Definition of debenture PART 2-RULES 7. Maximum fine which may be imposed on a member PART 3-ACTIVE MEMBERSHIP 8. Factors and considerations for determining primary activities 9. Register of cancelled memberships PART 4-SHARES AND VOTING 10. Notice in respect of bonus shares-prescribed persons 11. Postal ballots PART 5-MANAGEMENT AND ADMINISTRATION OF CO-OPERATIVES 12. Prescribed authorities 13, 14. Revoked 15. Registers to be kept by co-operatives 16. Inspection of registers etc 17. Notice of appointment etc of directors and officers 18. Annual report 19. Advertising change of name of co-operative PART 6-FUNDS AND PROPERTY 20. Restrictions on deposit taking 21. Compulsory loan by member to co-operative-prescribed term 22. Limited dividend PART 7-RESTRICTIONS ON THE ACQUISITION OF INTERESTS IN CO-OPERATIVES 23. Notice of relevant interest in a member's right to vote 24. Notice of substantial share interest 25. Notice of change in substantial share interest 26. Notice of cessation of substantial share interest PART 8-MERGER, TRANSFER OF ENGAGEMENTS, WINDING UP 27. Application for registration or incorporation under another law 28. Security to be given by liquidator 29. Revoked PART 9-ARRANGEMENTS AND RECONSTRUCTIONS 30. Explanatory statements 31. Compulsory acquisition notice 32. Notice to remaining shareholders PART 10-FOREIGN CO-OPERATIVES 33. Application for registration of participating co-perative as a foreign co-operative 34. Application for registration of non-participating co-operative as a foreign co-operative 35. Registration of foreign co-operative 36. Application of Act and regulations to foreign co-operatives 37. Notification by foreign co-operative of certain changes 38. Co-operative proposing to register as a foreign co-operative PART 11-SUPERVISION AND PROTECTION OF CO-OPERATIVES 39. Notice to appear, answer questions and produce documents 40. Investigator's notice to involved person 41. Examination of involved person-allowance and expenses PART 12-ADMINISTRATION OF THE ACT 42. Inspection of Register PART 13-THE TO THE ACT 43. Minimum number of shares to be subscribed for 44. Charges required to be registered 45. Inspection of register of charges 46. Copies of register of charges 46A. Infringement penalties PART 14-FEES 47. Application or submission for approval of disclosure statement 48. Submission for approval of proposed rules 49. Application for registration 50. Issue of duplicate certificate 51. Application for Registrar's certificate 52. Application for Registrar's consent or permission 53. Copies of documents and entries in the Register 54. Submission for approval of alteration of rules 55. Application for certificate of registration of rule alteration 56. Application for exemption 57. Application for direction 58. Application for review of entitlement to vote 59. Lodgment of special resolution 60. Applications for approval 61. Lodgment of annual report 62. Fee for inspection 63. Applications for extension of time 64. Applications for extension or abridgment of time 65. Application for certificate of compliance 66. Fee for inspection 67. Waiver of fees __________________ SCHEDULE 1-Fees SCHEDULE 2-Particulars to be included in registers 1. Register of members, directors and shares 2. Register of loans to, securities given by, debentures issued by and deposits received by a co-operative 3. Register of names of persons who have given loans or deposits to or hold securities or debentures given or issued by a co-operative 4. Register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative 5. Register of memberships cancelled under Part 6 of the Act 6. Register of fixed assets 7. Register of subordinated debt SCHEDULE 3-Postal ballots 1. Ballots 2. Returning officers 3. Preparation of the voting roll and the ballot papers 4. Duplicate ballot papers 5. Voting 6. Safe keeping of ballot papers 7. Counting of the votes 8. Statement by returning officer 9. Notification of the result of the ballot 10. Retention of ballot papers Form 1-Postal ballot Form 2-Member details SCHEDULE 4-Prescribed information relating to proposed compromise or arrangement 1. Definitions 2. Prescribed information relating to proposed compromise or arrangement with creditors or class of creditors 3. Prescribed information relating to proposed compromise or arrangement with members or a class of members SCHEDULE 5-Compulsory acquisition notice SCHEDULE 6-Notice to remaining shareholder SCHEDULE 7-Notice requiring production of documents or appearance to answer questions SCHEDULE 8-Notice to produce documents, give assistance or to appear for examination at inquiry SCHEDULE 9-Prescribed Infringement Penalties --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details $$A $$T Co-operatives Regulations 1997 - SECT 1 Objective $$T $$NSECT 
	1.	Objective

     The objective of these Regulations is to provide for-

			(a)	matters relating to the operation and management of co-operatives;

			(b)	matters relating to active membership of co-operatives;

			(c)	matters relating to foreign co-operatives;

			(d)	accounting and audit requirements for co-operatives;

			(e)	fees payable under the Co-operatives Act 1996;

			(f)	maximum fines which can be imposed by a co-operative on its members;

			(g)	certain forms and procedures required by the Act and the particulars to be included in forms;

			(h)	the form and content of registers required to be kept by co-operatives;

			(i)	the procedure to be followed when conducting a postal ballot;

			(j)	other matters that are necessary or convenient for carrying out or giving effect to the Act.
$$A $$T Co-operatives Regulations 1997 - SECT 2 Commencement $$T $$NSECT 
	2.	Commencement

     These Regulations come into operation on 1 October 1997.
$$A $$T Co-operatives Regulations 1997 - SECT 3 Authorising provisions $$T $$NSECT 
	3.	Authorising provisions

     These Regulations are made under sections 4, 9, 11, 107, 124, 141, 158, 199, 214, 228, 238, 244, 246, 248, 249, 255, 258, 267, 273, 277, 278, 279, 306, 315, 316, 341, 349, 355, 357, 369, 370, 373, 374, 375, 378, 393, 405, 406, 435 and 463 and clause 2 of Schedule 1 and clauses 8 and 41 of Schedule 3 of the Co-operatives Act 1996.
$$A $$T Co-operatives Regulations 1997 - SECT 4 Revocation $$T $$NSECT 
	4.	Revocation

     The Co-operative Societies (General) Regulations 19931 are revoked.
$$A $$T Co-operatives Regulations 1997 - SECT 5 Definitions $$T $$NSECT 
	5.	Definitions

     In these Regulations-

	Act means Co-operatives Act 1996;

	financial institution has the same meaning as in the Financial Institutions Duty Act 1982.
$$A $$T Co-operatives Regulations 1997 - SECT 6 Definition of debenture $$T $$NSECT 
	6.	Definition of debenture

     The following classes of documents are prescribed as exempt documents for the purposes of paragraph (c) of the definition of debenture in section 4(1) of the Act-

			(a)	a passbook or other document-

	(i)	that contains all or some of the terms and conditions pursuant to which deposits are accepted by, or withdrawn from, a co-operative; and
	(ii)	that acknowledges the receipt of a deposit with a co-operative; and
	(iii)	that enables further deposits to be made at any time adding to the balance of an existing deposit; and
	(iv)	that enables the withdrawal of the whole or part of the balance of a deposit, whether at call or on the giving of a fixed period of notice; and
	(v)	that acknowledges the amount of the withdrawal and the balance remaining;

			(b)	a document acknowledging a debt incurred by a co-operative-

	(i)	in the ordinary course of carrying on so much of a business as neither comprises, nor forms part of, a business of borrowing money and providing finance; and
	(ii)	in respect of money that is or may be deposited with or lent to the co-operative by a person in the ordinary course of a business carried on by the co-operative;

			(c)	a document that is issued by a company and that constitutes evidence of a debt owed by the company to a co-operative that is a holding company (within the meaning of the Corporations Act) of the company;

			(d)	a document that is issued by a co-operative and that constitutes evidence of a debt owed by the co-operative to a body corporate that is a subsidiary of the co-operative.

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$$A $$T Co-operatives Regulations 1997 - SECT 7 Maximum fine which may be imposed on a member $$T $$NSECT 
	7.	Maximum fine which may be imposed on a member

     For the purposes of section 107(7) of the Act, the maximum fine which may be fixed by the rules of a co-operative is-

			(a)	in the case of a trading co-operative-10 penalty units;

			(b)	in the case of a non-trading co-operative-1 penalty unit.

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$$A $$T Co-operatives Regulations 1997 - SECT 8 Factors and considerations for determining primary activities $$T $$NSECT 
	8.	Factors and considerations for determining primary activities

     
		(1)	For the purposes of section 124(2)(c) of the Act, the following factors and considerations are relevant in determining the matter referred to in section 124(1)(a) of the Act-

			(a)	in the case of a co-operative whose activities include the provision of a taxi radio network facility, whether the co-operative actually carries out that activity;

			(b)	in the case of a co-operative whose activities include the disposal of produce or livestock on behalf of its members, whether the co-operative actually carries out that activity;

			(c)	in the case of a co-operative whose activities include the acquisition of particular goods or services for its members, whether the co-operative actually carries out that activity.

		(2)	For the purposes of section 124 of the Act, the following matters may be taken into account in determining whether an activity makes a significant contribution to the business of the co-operative-

			(a)	if the activity contributes at least 10 per cent of the co-operative's-

	(i)	turnover; or
	(ii)	income; or
	(iii)	expenses; or
	(iv)	surplus; or
	(v)	business; or

			(b)	if the failure by the co-operative to conduct that activity would result in a reduction of 10 per cent or more in the business conducted by the co-operative.
$$A $$T Co-operatives Regulations 1997 - SECT 9 Register of cancelled memberships $$T $$NSECT 
	9.	Register of cancelled memberships

     For the purposes of section 141 of the Act, a register of cancelled memberships must specify the particulars set out in clause 5 of Schedule 2.
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$$A $$T Co-operatives Regulations 1997 - SECT 10 Notice in respect of bonus shares-prescribed persons $$T $$NSECT 
	10.	Notice in respect of bonus shares-prescribed persons

     For the purposes of section 158(c) of the Act, a prescribed person is-

			(a)	in relation to the valuation of land, a person who carries on the business of valuing land; and

			(b)	in relation to the valuation of any other kind of assets, a person who is in the business of valuing assets of that kind.
$$A $$T Co-operatives Regulations 1997 - SECT 11 Postal ballots $$T $$NSECT 
	11.	Postal ballots

     For the purposes of section 199 of the Act, a postal ballot must be conducted in accordance with Schedule 3.
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$$A $$T Co-operatives Regulations 1997 - SECT 12 Prescribed authorities $$T $$NSECT 
	12.	Prescribed authorities

     For the purposes of section 214(3) of the Act, each of the following authorities is a prescribed authority-

			(a)	the Governor of the prison in Victoria in which the person was detained in custody on the date of release;

			(b)	the Corrective Services Commission of New South Wales;

			(c)	the Manager of the prison in Queensland in which the person was detained in custody on the date of release;

			(d)	the permanent head of the Department of Corrective Services of Western Australia;

			(e)	the Chief Executive, Department for Correctional Services of South Australia;

			(f)	the Director of Corrective Services in Tasmania;

			(g)	the Director of Correctional Services of the Northern Territory.

	*	*	*	*	*
$$A $$T Co-operatives Regulations 1997 - SECT 15 Registers to be kept by co-operatives $$T $$NSECT 
	15.	Registers to be kept by co-operatives

     
		(1)	The registers that a co-operative is required to keep under section 244 of the Act must-

			(a)	be kept in written or electronic form; and

			(b)	contain the particulars specified in Schedule 2.

		(2)	A register may include-

			(a)	any document in the English language in which the required particulars are recorded; and

			(b)	any disc, tape, soundtrack or other device in which the required particulars are recorded, so long as they are capable (with or without the aid of some other equipment) of being reproduced in a document in the English language.

		(3)	For the purposes of section 244(1)(g) of the Act, a co-operative must keep-

			(a)	a register of fixed assets containing the particulars specified in clause 6 of Schedule 2; and

			(b)	a register of subordinated debt containing the particulars specified in clause 7 of Schedule 2.
$$A $$T Co-operatives Regulations 1997 - SECT 16 Inspection of registers etc $$T $$NSECT 
	16.	Inspection of registers etc

     
		(1)	For the purposes of section 246(1)(g) of the Act, the following registers are prescribed-

			(a)	the register of any loans made by or guaranteed by the co-operative, and of any securities taken by the co-operative, required to be kept under section 244(1)(d) of the Act;

			(b)	the register of memberships cancelled under Part 6 of the Act required to be kept under section 244(1)(e) of the Act;

			(c)	the register of subordinated debt required to be kept under section 244(1)(g) of the Act;

			(d)	the register of notifiable interests required to be kept under section 285 of the Act.

		(2)	For the purposes of section 246(7) of the Act, the following documents are prescribed-

			(a)	a copy of the Act and these regulations;

			(b)	a copy of the rules of the co-operative;

			(c)	a copy of the last annual report of the co-operative under section 249 of the Act.
$$A $$T Co-operatives Regulations 1997 - SECT 17 Notice of appointment etc of directors and officers $$T $$NSECT 
	17.	Notice of appointment etc of directors and officers

     For the purposes of section 248(2)(c) of the Act, the prescribed particulars are-

			(a)	the name of the co-operative or subsidiary;

			(b)	the name and position of the person giving notice of the appointment or cessation of appointment;

			(c)	in respect of any person being appointed to act as a director, principal executive officer or secretary-

	(i)	full name (family and given names);
	(ii)	any former names;
	(iii)	address;
	(iv)	date and place of birth;
	(v)	office held and date appointed;


			(d)	in respect of any person ceasing to hold that office-

	(i)	name (family and given names);
	(ii)	date and place of birth;
	(iii)	office held and date appointment ceased.
$$A $$T Co-operatives Regulations 1997 - SECT 18 Annual report $$T $$NSECT 
	18.	Annual report

     For the purposes of section 249(1)(e) of the Act, the prescribed particulars are-

			(a)	the name of the co-operative;

			(b)	the address of the registered office of the co-operative;

			(c)	the name, address and position of the person sending the annual report to the Registrar;

			(d)	the date of the report;

			(e)	the number of persons employed by the co-operative-

	(i)	full-time; and
	(ii)	part-time;
as at the end of the previous financial year;

			(f)	the number of persons who performed voluntary services for the co-operative during the financial year;

			(g)	the number of members in the co-operative;

			(h)	the number of shares forfeited under Part 6 of the Act during the previous financial year;

			(i)	the number of memberships cancelled under Part 6 of the Act during the previous financial year.
$$A $$T Co-operatives Regulations 1997 - SECT 19 Advertising change of name of co-operative $$T $$NSECT 
	19.	Advertising change of name of co-operative

     For the purposes of section 255(2) of the Act, the prescribed manner of advertising the change of name of a co-operative is for the co-operative to cause the change of name to be advertised in at least one newspaper circulating in the locality or localities in which the co-operative carries on business within 28 days after the change of name has been registered by the Registrar.
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$$A $$T Co-operatives Regulations 1997 - SECT 20 Restrictions on deposit taking $$T $$NSECT 
	20.	Restrictions on deposit taking

     
		(1)	This regulation applies to a co-operative that is a deposit taking co-operative.

		(2)	A deposit taking co-operative must not accept money on deposit from persons other than its members and employees.

		(3)	Subregulation (2) does not apply to persons who had a current deposit or deposits with a deposit taking co-operative at the commencement of this regulation for as long as they continue to be a depositor with that co-operative.

		(4)	A deposit taking co-operative must provide a depositor with a copy of a current disclosure statement prior to the first deposit made by the depositor after the commencement of this regulation and, thereafter, at least once in each period of 12 months.

		(5)	A current disclosure statement is a disclosure statement that-

			(a)	has been submitted to and registered by the Registrar; and

			(b)	has not, within 23 days after the date on which it was submitted to the Registrar, been the subject of a direction by the Registrar under section 261 of the Act; and

			(c)	complies with any such direction given by the Registrar; and

			(d)	complies with any conditions imposed by the Registrar under subregulation (7); and

			(e)	is not more than 12 months old.


		(6)	A disclosure statement that is submitted to the Registrar under subregulation (5) must contain-

			(a)	a statement of the assets and liabilities of the co-operative; and

			(b)	a statement of the financial position of the co-operative; and

			(c)	a profit and loss statement for the co-operative; and

			(d)	such other information as the Registrar directs.

		(7)	The Registrar may register a disclosure statement submitted under this regulation with or without conditions.

		(8)	The Registrar may require a deposit taking co-operative to give to a depositor, within such time as the Registrar may determine, a document of a kind referred to in regulation 6(a).

		(9)	This regulation does not apply to the acceptance by a co-operative of a deposit of money in connection with the issue by the co-operative of debentures.

		(10)	This regulation does not apply to the acceptance by a co-operative of a deposit of money in connection with goods or services to be supplied by the co-operative in the ordinary course of business.
$$A $$T Co-operatives Regulations 1997 - SECT 21 Compulsory loan by member to co-operative-prescribed term $$T $$NSECT 
	21.	Compulsory loan by member to co-operative-prescribed term

     For the purposes of section 267(2) of the Act, the prescribed term is 10 years.
$$A $$T Co-operatives Regulations 1997 - SECT 22 Limited dividend $$T $$NSECT 
	22.	Limited dividend

     For the purposes of section 273 of the Act, the prescribed amount is 20 cents per dollar invested in the shares of the co-operative.
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$$A $$T Co-operatives Regulations 1997 - SECT 23 Notice of relevant interest in a member's right to vote $$T $$NSECT 
	23.	Notice of relevant interest in a member's right to vote

     For the purposes of section 277 of the Act, the prescribed particulars to be specified when giving notice of having or ceasing to have a relevant interest in the right to vote of a member of a co-operative are as follows-

			(a)	the name of the co-operative to whom notice is being given;

			(b)	the full name and address of the person giving notice;

			(c)	the date on which the relevant interest was acquired or ceased;

			(d)	the name of the member whose right to vote was so affected;

			(e)	the date of giving notice.
$$A $$T Co-operatives Regulations 1997 - SECT 24 Notice of substantial share interest $$T $$NSECT 
	24.	Notice of substantial share interest

     For the purposes of section 278(1) of the Act, the prescribed particulars to be specified when giving notice of a substantial share interest are as follows-

			(a)	the name of the co-operative to whom notice is being given;

			(b)	the name and address of the person giving notice;

			(c)	the date on which the relevant interest was acquired;



			(d)	in respect of each holder of a relevant interest-

	(i)	the name and address of the holder;
	(ii)	the number and description of the shares in which each relevant interest is held;
	(iii)	the name and address of each person registered as the holder of the shares in which the relevant interest is held;
	(iv)	the name and address of each person entitled to become registered as the holder of the shares in which the relevant interest is held;
	(v)	the date of each acquisition of a relevant interest within the previous 12 months and the number of shares acquired at that date (if any);
	(vi)	the valuable consideration for each acquisition in the previous 12 months, including the nature of any part that did not consist of money;
	(vii)	the total number of shares in which the holder has a substantial interest;

			(e)	particulars of any contract, scheme, arrangement or other circumstance by reason of which the holder of the relevant interest acquired the relevant interest (not including interests acquired more than 12 months previously) where the holder has, throughout the period of 12 months immediately preceding the date of the notice, been the registered shareholder of those shares;

			(f)	particulars of the nature of the relevant interest;

			(g)	particulars of any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers of the relevant shares;

			(h)	particulars of any additional benefit that any person from whom a relevant interest was acquired has, or may, become entitled to receive, whether on the happening of a contingency or not, in relation to that acquisition, other than the valuable consideration referred to in paragraph (d) above;

			(i)	the date on which notice is given.
$$A $$T Co-operatives Regulations 1997 - SECT 25 Notice of change in substantial share interest $$T $$NSECT 
	25.	Notice of change in substantial share interest

     For the purposes of section 278(2) of the Act, the prescribed particulars to be specified when giving notice of a change in a substantial share interest are as follows-

			(a)	the name of the co-operative to whom notice is being given;

			(b)	the full name and address of the person giving notice;

			(c)	the following particulars applicable before the change-

	(i)	the name and address of the holder of the relevant interest;
	(ii)	the number and description of the shares in which the relevant interest was held;
	(iii)	the name and address of the person registered as the holder of the shares;

	(iv)	the name and address of the person entitled to become registered as the holder of the shares;
	(v)	the total number of shares in which the holder of the relevant interest held the relevant interest;

			(d)	the following particulars relating to the change-

	(i)	the date of the change in the relevant interest;
	(ii)	particulars of the valuable consideration given in relation to the change, including the nature of that part that did not consist of money;
	(iii)	particulars of any contract, scheme, arrangement or other circumstance by reason of which the change in the relevant interest occurred;
	(iv)	particulars of any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers of those shares in which the relevant interest in which the change occurred is held;
	(v)	particulars of any additional benefit that a person has, or may, become entitled to receive, whether upon the happening of a contingency or not, as a consequence of a change in a relevant interest;



			(e)	the following particulars applicable after the change-

	(i)	the name and address of the holder of the relevant interest;
	(ii)	the number and description of the shares in which the relevant interest is held;
	(iii)	the name and address of the person entitled to become registered as the holder of the shares;

			(f)	the date on which notice is given.
$$A $$T Co-operatives Regulations 1997 - SECT 26 Notice of cessation of substantial share interest $$T $$NSECT 
	26.	Notice of cessation of substantial share interest

     For the purposes of section 278(3) of the Act, the prescribed particulars to be specified when giving notice of a cessation of a substantial share interest in a co-operative are as follows-

			(a)	the name of the co-operative to whom notice is being given;

			(b)	the name and address of the person giving notice;

			(c)	the name and address of the person ceasing to have a substantial share interest in the co-operative;

			(d)	the date on which the person ceased to have a substantial share interest in the co-operative;

			(e)	details of any agreement or other circumstances because of which the person ceased to hold a substantial interest in the co-operative;



			(f)	in relation to each change in a substantial share interest of the person since the person was last required to give notice of such a change to the co-operative-

	(i)	the date of the change;
	(ii)	the nature of the change;
	(iii)	the consideration given in relation to the change;
	(iv)	the class and number of shares affected by the change;

			(g)	the date on which notice is given.

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$$A $$T Co-operatives Regulations 1997 - SECT 27 Application for registration or incorporation under another law $$T $$NSECT 
	27.	Application for registration or incorporation under another law

     For the purposes of section 306(g) of the Act, the Aboriginal Councils and Associations Act 1976 of the Commonwealth is a prescribed law.
$$A $$T Co-operatives Regulations 1997 - SECT 28 Security to be given by liquidator $$T $$NSECT 
	28.	Security to be given by liquidator

     For the purposes of section 315(6) of the Act, the security a liquidator must give is $50 000 in the form of-

			(a)	cash; or

			(b)	a cheque drawn on a financial institution; or

			(c)	a certificate of deposit issued by a financial institution; or

			(d)	a debenture or security that is guaranteed by the Government of a State or Territory or by the Government of the Commonwealth; or

			(e)	a surety issued by a financial institution or a body corporate authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth.

	*	*	*	*	*


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$$A $$T Co-operatives Regulations 1997 - SECT 30 Explanatory statements $$T $$NSECT 
	30.	Explanatory statements

     For the purposes of sections 341(2)(b)(i) and 349(3)(b)(i) of the Act, the prescribed information which must be included in a draft explanatory statement or explanatory statement (as the case may be) is set out in Schedule 4.
$$A $$T Co-operatives Regulations 1997 - SECT 31 Compulsory acquisition notice $$T $$NSECT 
	31.	Compulsory acquisition notice

     For the purposes of section 355 of the Act, a compulsory acquisition notice must be in the form of Schedule 5.
$$A $$T Co-operatives Regulations 1997 - SECT 32 Notice to remaining shareholders $$T $$NSECT 
	32.	Notice to remaining shareholders

     For the purposes of section 357(1)(a) of the Act, a notice to a remaining shareholder must be in the form of Schedule 6.
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$$A $$T Co-operatives Regulations 1997 - SECT 33 Application for registration of participating co-perative as a foreign co-operative $$T $$NSECT 
	33.	Application for registration of participating co-perative as a foreign co-operative

     
		(1)	An application under section 369 of the Act by a participating co-operative for registration as a foreign co-operative must be made in writing to the Registrar.

		(2)	For the purposes of section 369(2)(d) of the Act, the statement must be verified by a statement by a director or the secretary of the applicant co-operative.
$$A $$T Co-operatives Regulations 1997 - SECT 34 Application for registration of non-participating co-operative as a foreign co-operative $$T $$NSECT 
	34.	Application for registration of non-participating co-operative as a foreign co-operative

     
		(1)	An application under section 370 of the Act by a non-participating co-operative for registration as a foreign co-operative must be made in writing to the Registrar.

		(2)	For the purposes of section 370(2)(b) of the Act, the statement must be verified by a statement by a director or the secretary of the applicant co-operative.
$$A $$T Co-operatives Regulations 1997 - SECT 35 Registration of foreign co-operative $$T $$NSECT 
	35.	Registration of foreign co-operative

     For the purposes of section 373 of the Act, if the Registrar has registered a foreign co-operative under that section, he or she must send to the co-operative a certificate of registration at the address notified under section 369(2)(d)(ii) or section 370(2)(b)(ii) of the Act (as the case may be).
$$A $$T Co-operatives Regulations 1997 - SECT 36 Application of Act and regulations to foreign co-operatives $$T $$NSECT 
	36.	Application of Act and regulations to foreign co-operatives

     
		(1)	For the purposes of section 374 of the Act-

			(a)	the following provisions of the Act are prescribed in relation to a participating co-operative-

	(i)	Division 4 of Part 1;
	(ii)	section 254;
	(iii)	section 261;
	(iv)	section 337;
	(v)	section 425;
	(vi)	section 460;

			(b)	the following provisions of the Act are prescribed in relation to a non-participating co-operative-

	(i)	Divisions 3 and 4 of Part 1;
	(ii)	sections 13(2), 14 and 15;
	(iii)	Part 3, except Divisions 5 and 6;
	(iv)	Division 5 of Part 4 (except to the extent to which it relates to winding-up);
	(v)	sections 106, 108 and 109;
	(vi)	sections 250, 251 and 254;
	(vii)	Division 1 of Part 10;
	(viii)	section 337;
	(ix)	Part 13;
	(x)	Part 17;
	(xi)	section 460;

			(c)	regulation 67 is prescribed in relation to a participating co-operative and a non-participating co-operative.

		(2)	For the purposes of section 374, section 254 is modified in its application to a foreign co-operative to require the name of the foreign co-operative, when appearing as required by section 254(1)(b) or (c), to indicate the State, Territory or country in which the foreign co-operative was originally registered or incorporated.
$$A $$T Co-operatives Regulations 1997 - SECT 37 Notification by foreign co-operative of certain changes $$T $$NSECT 
	37.	Notification by foreign co-operative of certain changes

     When a foreign co-operative lodges with the Registrar particulars of an alteration under section 375 of the Act, the particulars must be accompanied by the following documents-

			(a)	in the case of a change of name resulting in the issue of a new or amended certificate of registration in the participating State-a copy of the new or amended certificate, certified by the Registrar of the participating State;

			(b)	in the case of an alteration or change affecting the rules of the foreign co-operative-

	(i)	if the foreign co-operative is a participating co-operative, a copy of the new or amended rules, certified by the Registrar of the participating State; or
	(ii)	if the foreign co-operative is a non-participating co-operative, a copy of the new or amended rules.
$$A $$T Co-operatives Regulations 1997 - SECT 38 Co-operative proposing to register as a foreign co-operative $$T $$NSECT 
	38.	Co-operative proposing to register as a foreign co-operative

     
		(1)	For the purposes of section 378(1) of the Act, the prescribed provisions of the Act are-

			(a)	Part 5;

			(b)	Part 6;

			(c)	Divisions 5, 6 and 7 of Part 9; and

			(d)	Division 1 of Part 10.

		(2)	For the purposes of section 378(3) of the Act, the prescribed documents are-

			(a)	a copy, certified by the Registrar, of the co-operative's certificate of registration;

			(b)	a copy, certified by the Registrar, of the co-operative's rules;

			(c)	a copy, certified by the Registrar, of the last audited balance sheet of the co-operative lodged with the Registrar;

			(d)	a list containing the full name, date and place of birth, and residential address of each director of the co-operative.

_______________
$$A $$T Co-operatives Regulations 1997 - SECT 39 Notice to appear, answer questions and produce documents $$T $$NSECT 
	39.	Notice to appear, answer questions and produce documents

     For the purposes of section 393 of the Act, a notice must be in the form of Schedule 7.
$$A $$T Co-operatives Regulations 1997 - SECT 40 Investigator's notice to involved person $$T $$NSECT 
	40.	Investigator's notice to involved person

     For the purposes of section 405 of the Act, a notice must be in the form set out in Schedule 8.
$$A $$T Co-operatives Regulations 1997 - SECT 41 Examination of involved person-allowance and expenses $$T $$NSECT 
	41.	Examination of involved person-allowance and expenses

     For the purposes of section 406(4) of the Act, the prescribed expenses to which an involved person is entitled are-

			(a)	for persons ordinarily receiving wages, salary, remuneration or fees, for each hour, or part of an hour, of attendance, the amount of wages, salary, remuneration or fees actually lost because of the person's attendance, but not exceeding $217 for any one day;

			(b)	in any other case, the actual expenditure incurred (other than expenses under paragraphs (c) and (d)), but not exceeding $59 for any one day;

			(c)	for travelling expenses to and from a person's usual place of residence or business and the place of attendance-

	(i)	the amount actually paid; or
	(ii)	an amount calculated at 18 cents per kilometre travelled-
whichever is the lesser;

			(d)	for accommodation and meals, if a person is required to be absent over night from the person's usual place of residence-

	(i)	the amount actually paid; or
	(ii)	an amount not exceeding $150 for any one night-
whichever is the lesser.
_______________
$$A $$T Co-operatives Regulations 1997 - SECT 42 Inspection of Register $$T $$NSECT 
	42.	Inspection of Register

     For the purposes of section 435(1)(b) of the Act, the prescribed documents are-

			(a)	documents lodged with or otherwise held by the Registrar under section 18 or 112 of the Act;

			(b)	documents lodged with the Registrar under section 197 of the Act;

			(c)	documents lodged with the Registrar under section 248 of the Act;

			(d)	documents lodged with the Registrar under section 249 of the Act;

			(e)	documents lodged with the Registrar under section 256 (3) of the Act;

			(f)	copies of certificates of registration issued by the Registrar under section 21, 26 or 373 of the Act;

			(g)	disclosure statements submitted to the Registrar under section 17, 155, 200, 264, 267, 301 or 382 of the Act or regulation 20;

			(h)	disclosure documents lodged with the Registrar under Part 6D.2 of the Corporations Act (as applied by section 263 of the Act);

			(i)	documents lodged with the Registrar under Part 5.3A of the Corporations Act (as applied by section 323 of the Act);



			(j)	documents lodged with or otherwise held by the Registrar under-

	(i)	section 369(2)(c) or 370(2)(a) of the Act; or
	(ii)	section 375 of the Act, in relation to an alteration of the rules or constitution of a foreign co-operative;

			(k)	documents evidencing exemptions granted by the Registrar under section 147, 239, 263, 275, 289, 297, 301, 307, 317 or 382 of the Act, or under clause 44 of Schedule 3 to the Act;

			(l)	documents evidencing consent or permission given by the Registrar under section 77, 300 341, 381 or 460 of the Act;

			(m)	documents lodged with the Registrar under section 376 of the Act;

			(n)	documents lodged with the Registrar under Schedule 3 to the Act that create or evidence a charge, or the complete or partial satisfaction of a charge;

			(o)	documents lodged with the Registrar under clause 18 of Schedule 4 to the Act;

			(p)	documents lodged with the Registrar under clause 23 of Schedule 4 to the Act.

_______________
$$A $$T Co-operatives Regulations 1997 - SECT 43 Minimum number of shares to be subscribed for $$T $$NSECT 
	43.	Minimum number of shares to be subscribed for

     For the purposes of item 9 of clause 2 of Schedule 1 to the Act, the rules of a co-operative with a share capital must make provision for-

			(a)	the minimum number of shares to which a member of the co-operative must subscribe; and

			(b)	the manner in which the minimum number may be determined, which may be by reference to the use made by the member of the co-operative.
$$A $$T Co-operatives Regulations 1997 - SECT 44 Charges required to be registered $$T $$NSECT 
	44.	Charges required to be registered

     For the purposes of clause 8 of Schedule 3 to the Act, each of the following laws is a prescribed law of a State or Territory-

			(a)	Parts 2 and 3 of the Liens on Crops and Wool and Stock Mortgages Act 1898 of New South Wales;

			(b)	Parts 7 and 8 of the Instruments Act 1958 of Victoria;

			(c)	Part 2 (to the extent to which it relates to the registration of stock mortgages, liens on crops and liens on wool) and Part 4 (excluding section 24) of the Bills of Sale and Other Instruments Act 1955 of Queensland;

			(d)	Liens on Crops of Sugar Cane Act 1931 of Queensland;

			(e)	sections 7 and 8 and Parts 9, 10 and 11 of the Bills of Sale Act 1899 of Western Australia;

			(f)	Liens on Fruit Act 1923 of South Australia;

			(g)	Stock Mortgages and Wool Liens Act 1924 of South Australia;

			(h)	section 36 of the Bills of Sale Act 1900 of Tasmania;

			(i)	Stock, Wool and Crop Mortgages Act 1930 of Tasmania;

			(j)	Parts 4 and 5 of the Instruments Act 1933 of the Australian Capital Territory;

			(k)	Instruments Act 1966 of the Northern Territory.
$$A $$T Co-operatives Regulations 1997 - SECT 45 Inspection of register of charges $$T $$NSECT 
	45.	Inspection of register of charges

     For the purposes of clause 41(3)(b) of Schedule 3 to the Act, the prescribed amount is $10.
$$A $$T Co-operatives Regulations 1997 - SECT 46 Copies of register of charges $$T $$NSECT 
	46.	Copies of register of charges

     For the purposes of clause 41(5)(a) of Schedule 3 to the Act, the prescribed amount is $1 per page, to a maximum of $20.
$$A $$T Co-operatives Regulations 1997 - SECT 46A Infringement penalties $$T $$NSECT 
	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 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.

_______________
$$A $$T Co-operatives Regulations 1997 - SECT 47 Application or submission for approval of disclosure statement $$T $$NSECT 
	47.	Application or submission for approval of disclosure statement

     An application or submission to the Registrar for the approval of a disclosure statement under section 17, 155, 200, 264, 267, 301(2) or 382 (2) of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 48 Submission for approval of proposed rules $$T $$NSECT 
	48.	Submission for approval of proposed rules

     A submission to the Registrar for approval of proposed rules under section 18 of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 49 Application for registration $$T $$NSECT 
	49.	Application for registration

     The fees prescribed for the purposes of sections 19, 24, 369 and 370 of the Act are the relevant fees set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 50 Issue of duplicate certificate $$T $$NSECT 
	50.	Issue of duplicate certificate

     The fee prescribed for the purposes of section 35 of the Act is the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 51 Application for Registrar's certificate $$T $$NSECT 
	51.	Application for Registrar's certificate

     An application to the Registrar for a certificate under section 66 of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 52 Application for Registrar's consent or permission $$T $$NSECT 
	52.	Application for Registrar's consent or permission

     An application to the Registrar for his or her consent or permission under section 77, 300(2), 341(1), 381 or 460(2) of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 53 Copies of documents and entries in the Register $$T $$NSECT 
	53.	Copies of documents and entries in the Register

     The fees prescribed for the purposes of sections 108(3), 246(5), 435(1)(c) and 435(1)(d) of the Act are the relevant fees set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 54 Submission for approval of alteration of rules $$T $$NSECT 
	54.	Submission for approval of alteration of rules

     A submission to the Registrar for approval of a proposed alteration of the rules of a co-operative under section 112 of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 55 Application for certificate of registration of rule alteration $$T $$NSECT 
	55.	Application for certificate of registration of rule alteration

     An application to the Registrar for a certificate of an alteration of the rules of a co-operative under section 115(4) of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 56 Application for exemption $$T $$NSECT 
	56.	Application for exemption

     An application to the Registrar for an exemption under section 147, 239, 263(4), 275, 289, 297, 301(4), 307(3), 317(2), or 382(4) of the Act or clause 44 of Schedule 3 to the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 57 Application for direction $$T $$NSECT 
	57.	Application for direction

     An application to the Registrar for a direction under section 343(1)(f) of the Act or clause 3(1)(f) of Schedule 4 to the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 58 Application for review of entitlement to vote $$T $$NSECT 
	58.	Application for review of entitlement to vote

     An application to the Registrar for a review under section 186(2) of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 59 Lodgment of special resolution $$T $$NSECT 
	59.	Lodgment of special resolution

     The fee prescribed for the purposes of section 197 of the Act is the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 60 Applications for approval $$T $$NSECT 
	60.	Applications for approval

     An application to the Registrar for his or her approval under section 253(e), 280(5), 291, 302, 350(1) or 383 of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 61 Lodgment of annual report $$T $$NSECT 
	61.	Lodgment of annual report

     An annual report lodged with the Registrar under section 249 of the Act must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 62 Fee for inspection $$T $$NSECT 
	62.	Fee for inspection

     The maximum fee for an inspection under section 285(3)(b) of the Act is the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 63 Applications for extension of time $$T $$NSECT 
	63.	Applications for extension of time

     An application to the Registrar under section 293(5) of the Act or clause 20(3)(c) of Schedule 3 to the Act for an extension of time must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 64 Applications for extension or abridgment of time $$T $$NSECT 
	64.	Applications for extension or abridgment of time

     An application to the Registrar under section 426 of the Act for an extension or abridgment of time must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 65 Application for certificate of compliance $$T $$NSECT 
	65.	Application for certificate of compliance

     An application to the Registrar under section 378 of the Act for a certificate of compliance must be accompanied by the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 66 Fee for inspection $$T $$NSECT 
	66.	Fee for inspection

     The fee prescribed for the purposes of section 435(1)(a) or 435(1)(b) of the Act or clause 12(3)(b) of Schedule 4 to the Act is the relevant fee set out in Schedule 1.
$$A $$T Co-operatives Regulations 1997 - SECT 67 Waiver of fees $$T $$NSECT 
	67.	Waiver of fees

     The Registrar may waive, reduce or refund any fee payable under the Act or the regulations by-

			(a)	a co-operative that, in the opinion of the Registrar, is constituted primarily for a charitable purpose; or

			(b)	a co-operative that, in the opinion of the Registrar, is constituted primarily for the purpose of advancing the welfare of a class of disadvantaged persons-

if, in the opinion of the Registrar, there are special circumstances that justify payment being waived, reduced or refunded. 
__________________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 1 $$T $$NSCHEDULE 


FEES

Item
Section of the Act

Type of fee

Amount
1
17
Submission to Registrar for approval of draft disclosure statement
25 fee units
2
18
Submission to Registrar for approval of proposed rules
12×5 fee units if 
co-operative adopts model rules
15 fee units if 
co-operative adopts rules other than model rules
3
19
Application to Registrar for registration of proposed co-operative
12×5 fee units
4
24
Application to Registrar for registration of existing body corporate
12×5 fee units
5
35
Issue of duplicate certificate
4 fee units
6
66(2)
Application for Registrar's certificate
4 fee units
7
77(2)
Application for Registrar's consent
7×5 fee units





Item
Section of the Act

Type of fee

Amount
8
108(3)
Copy of rules
1 fee unit and $2 for each page after the first page to a maximum of 5 fee units
1×5 fee units for each document if document is provided electronically
9
112
Submission to Registrar for approval of alteration to rules
1×5 fee units per rule to a maximum of 15 fee units
10
115(4)
Issue of certificate of registration of rule alteration
4 fee units
11
147
Application to Registrar for exemption
25 fee units
12
155
Submission to Registrar for approval of proposed disclosure statement
25 fee units
13
186
Application to Registrar for review
25 fee units
14
197
Lodgment of special resolution
5 fee units
15
200
Submission to Registrar for approval of proposed disclosure statement
25 fee units
16
239
Application to Registrar for exemption
25 fee units





Item
Section of the Act

Type of fee

Amount
17*
246(5)
Maximum fee for obtaining copy of an entry in a register
1 fee unit and $2 for each page after the first page to a maximum of 5 fee units
1×5 fee units for each document if document provided electronically
18
249
Lodgment of annual report
4 fee units
19
253(e)
Application to Registrar for approval of abbreviation or elaboration of name
4 fee units
20
263(4)
Application to Registrar for exemption
25 fee units
Sch. 1
21
264
Submission to Registrar for approval of proposed disclosure statement
25 fee units
22
267
Submission to Registrar for approval of proposed disclosure statement
25 fee units
23
275
Application to Registrar for exemption
25 fee units
24
280(5)
Application to Registrar for approval of maximum share interest
25 fee units
25*
285(3)(b)
Maximum fee for inspection of register of notifiable interests
4 fee units
26
289
Application to Registrar for exemption
25 fee units
27
291
Application to Registrar for approval of share offer
25 fee units
28
293(5)
Application to Registrar for extension of period of offer
5 fee units

Item
Section of the Act

Type of fee

Amount
29
297
Application to Registrar for exemption
25 fee units
30
300(2)
Application for Registrar's consent
7×5 fee units
31
301(2)
Application to Registrar for approval of proposed disclosure statement
25 fee units
32
301(4)
Application to Registrar for exemption
25 fee units
33
302
Application to Registrar for approval of merger or transfer of engagements
25 fee units
34
307(3)
Application to Registrar for exemption
25 fee units
35
317(2)
Application to Registrar for exemption
25 fee units
36
341(1)
Application for Registrar's permission
7×5 fee units
37
343(1)(f)
Application to Registrar for direction
25 fee units
38
350(1)
Application to Registrar for approval of explanatory statement
50 fee units
39
369
Application to Registrar for registration
12×5 fee units
40
370
Application to Registrar for registration
50 fee units
41
378
Application to Registrar for certificate of compliance
37×5 fee units
42
381
Application for Registrar's consent
7×5 fee units
43
382(2)
Application to Registrar for approval of proposed disclosure statement
25 fee units
44
382(4)
Application to Registrar for exemption
25 fee units

Item
Section of the Act

Type of fee

Amount
45
383
Application to Registrar for approval of merger or transfer of engagements
25 fee units
46
426
Application to Registrar for extension or abridgment of time
5 fee units
47
435(1)(a)
Inspection of Register
1×2 fee units
48
435(1)(b)
Inspection of prescribed documents or documents of a prescribed class
1×2 fee units
49
435(1)(c)
Certified copy of document
2 fee units and $3 for each page after the first page to a maximum of 7×5 fee units
50
435(1)(d)
Copy of document
1 fee unit and $2 for each page after the first page to a maximum of 5 fee units
1.5 fee units for each document if document provided electronically
51
460(2)
Application to Registrar for permission to give notice by newspaper
7×5 fee units
52
Sch 3 cl 20(3)(c)
Application to Registrar for extension of time
5 fee units




Item
Section of the Act

Type of fee

Amount
53
Sch 3 cl 44
Application to Registrar for exemption
25 fee units
54
Sch 4 cl 3(1)(f)
Application to Registrar for direction
25 fee units
55
Sch 4 cl 12(3)(b)
Inspection of managing controller's report
1.2 fee units
* Fees payable to the co-operative
_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 2 $$T $$NSCHEDULE 

PARTICULARS TO BE INCLUDED IN REGISTERS

	1.	Register of members, directors and shares

     
		(1)	The register of members, directors and shares of a co-operative must contain the following particulars for each member-

			(a)	the name and address of each member;

			(b)	the date on which each member was admitted to the co-operative;

			(c)	if the co-operative has share capital, a statement in respect of each member by whom shares are held of-

	(i)	the number of shares held beneficially and non-beneficially; and
	(ii)	the identifying number of each share held (if applicable); and
	(iii)	the date on which the shares were allotted; and
	(iv)	the amount paid or agreed to be considered as having been paid on the shares;

			(d)	if applicable, the date of and circumstances under which the member's membership ceased;

			(e)	if shares are purchased pursuant to section 176(1) of the Act, a statement of the number of shares purchased and the date on which the shares were purchased;

			(f)	if shares are forfeited pursuant to section 281 of the Act, a statement of the number of shares forfeited and the date on which forfeiture was effected;

			(g)	if there is a conversion to a co-operative without share capital, the date of the repayment of the share capital or the date of disposal and the name and address of the person or body to whom the share capital was repaid.

		(2)	The register of members, directors and shares of a co-operative must contain the following particulars for each director-

			(a)	the name, any former names, date and place of birth, and address of each director;

			(b)	the date of that person's election or appointment as a director;

			(c)	whether the director is a non-member director;

			(d)	the date of termination of office (if applicable);

			(e)	the mode of termination of office (if applicable).

	2.	Register of loans to, securities given by, debentures issued by and deposits received by a co-operative

     
		(1)	The register of loans to, securities given by, debentures issued by and deposits received by a co-operative is required to contain the following particulars for each loan-

			(a)	the name of the person by whom the loan is made;

			(b)	the amount of the loan;

			(c)	the date on which the loan was received by the co-operative;

			(d)	a reference identifying the account created for the loan;

			(e)	the date of each payment made in relation to the loan and the amount of each payment so made;

			(f)	if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement;

			(g)	if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security given and a reference identifying the agreement that evidences that security;

			(h)	the location of the documents relating to the security given in respect of the loan;

			(i)	particulars of any movement of those documents from that location;

			(j)	the date of the final repayment made in relation to the loan.

		(2)	The register of loans to, securities given by, debentures issued by and deposits received by a co-operative must contain the following particulars for each debenture issued-

			(a)	the name and address of each person to whom a debenture is payable;

			(b)	the number and series of the debenture;

			(c)	the date of its issue;

			(d)	the amount of the debenture;

			(e)	the rate of interest;

			(f)	the dates of payment of principal;

			(g)	the place of payment;

			(h)	the name of the trustee (if applicable);

			(i)	the name, address and occupation of any transferor;

			(j)	the date of any transfer;

			(k)	the redemption value.

		(3)	The register of loans to, securities given by, debentures issued by and deposits received by a co-operative must contain the following particulars for each deposit received by the co-operative-

			(a)	the name and address of the depositor;

			(b)	the date of receipt;

			(c)	the amount deposited;

			(d)	the rate of interest (if any);

			(e)	the amount repaid;

			(f)	the date of conversion to shares or debentures (if applicable);

			(g)	the due date for repayment;

			(h)	the balance.

	3.	Register of names of persons who have given loans or deposits to or hold securities or debentures given or issued by a co-operative

     The register of names of persons who have given loans or deposits to or hold securities or debentures given or issued by a co-operative must contain the following particulars for each person-

			(a)	the full name and any former names of the person;

			(b)	the address of the person;



			(c)	whether the person-

	(i)	has given a loan or deposit to the co-operative; or
	(ii)	holds securities given by the co-operative; or
	(iii)	holds debentures issued by the co-operative;

			(d)	a reference to the relevant entry in the register of loans to, securities given by, debentures issued by and deposits received by the co-operative.

	4.	Register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative

     
		(1)	The register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative must contain the following details for each loan made-

			(a)	the name of each person to whom a loan is made;

			(b)	the amount of the loan;

			(c)	the date on which the loan was approved;

			(d)	a reference identifying the account created for the loan;

			(e)	the date of each advance made in relation to the loan and the amount of each advance so made;

			(f)	if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement;


			(g)	if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security taken and a reference identifying the agreement that evidences that security;

			(h)	the location of the documents relating to the security taken in respect of the loan;

			(i)	particulars of any movement of those documents from that location;

			(j)	the date of the final repayment made in relation to the loan.

		(2)	The register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative must contain the following particulars for each loan guaranteed by the co-operative-

			(a)	the name of the member;

			(b)	the name of the lender;

			(c)	the amount of the loan;

			(d)	the date of the guarantee;

			(e)	if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement;

			(f)	if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security taken and a reference identifying the agreement that evidences that security;

			(g)	the location of the documents relating to the security taken in respect of the loan;

			(h)	particulars of any movement of those documents from that location;

			(i)	the due date for repayment.

	5.	Register of memberships cancelled under Part 6 of the Act

     
		(1)	The register of memberships cancelled under Part 6 of the Act must contain the following particulars for each member whose membership is cancelled-

			(a)	the name of the member;

			(b)	if the whereabouts of the member are known-

	(i)	the date of the member's last active dealing with the co-operative; and
	(ii)	the date of giving the required notice to the member;

			(c)	the date of the board's resolution cancelling membership.

		(2)	The register of memberships cancelled under Part 6 of the Act must, if the co-operative has a share capital, contain the following additional particulars for each member whose membership is cancelled-

			(a)	the amount subscribed in respect of the shares forfeited;

			(b)	if the whereabouts of the member are unknown-

	(i)	the date when the required period of the member's whereabouts being unknown commenced; and
	(ii)	if the amount required to be repaid to the member in respect of the cancelled membership exceeds $50, the date of publication of the required notice in a newspaper and the name of the newspaper;

			(c)	the date of the board's resolution forfeiting the shares;

			(d)	if the date fixed by the board resolution for repayment of the amount paid up on shares is within 12 months of forfeiture-

	(i)	the date of repayment; or
	(ii)	the date and nature of the application of the amount under section 138(2) of the Act;

			(e)	if the amount due is to be transferred to a debenture or deposit account-

	(i)	the date of repayment; and
	(ii)	the date of transfer to such an account.

	6.	Register of fixed assets

     The register of fixed assets of a co-operative must contain the following particulars in respect of each fixed asset-

			(a)	a short description of the fixed asset;

			(b)	the method of financing any fixed asset that is leased;

			(c)	the physical location of the asset;

			(d)	the date of its purchase or installation;

			(e)	the manner in which depreciation is calculated;

			(f)	the annual percentage at which depreciation is calculated;

			(g)	the annual amount of depreciation or amortisation;

			(h)	the total amount of depreciation or amortisation;

			(i)	the revaluation increment;

			(j)	the sale price;

			(k)	the date sold.

	7.	Register of subordinated debt

     The register of subordinated debt must contain for each subordinated debt incurred-

			(a)	the name and address of the person to whom the debt is owed;

			(b)	the amount of the debt;

			(c)	the date on which the debt was incurred;

			(d)	a reference identifying the account created for the debt;

			(e)	the date of each payment made in relation to the debt and the amount of each payment made;

			(f)	the date of the final repayment made in relation to the debt.

_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 3 $$T $$NSCHEDULE 

POSTAL BALLOTS

	1.	Ballots

     
		(1)	The board must-

			(a)	cause the details of the proposal upon which the ballot is to be held to be set out in a statement; and

			(b)	fix the dates for-

	(i)	the forwarding of ballots to members; and
	(ii)	the closing of the ballot; and

			(c)	appoint a returning officer for the ballot.

		(2)	Every ballot must be conducted by the returning officer appointed by the board.

	2.	Returning officers

     
		(1)	A director of the co-operative may not be appointed as a returning officer.

		(2)	The returning officer may be assisted in the performance of his or her duties by any person (who would be eligible to be a returning officer) appointed by the returning officer.

	3.	Preparation of the voting roll and the ballot papers

     
		(1)	The returning officer must prepare a roll of the full names and addresses of the members of the co-operative, as disclosed by the register of members, directors and shares, together with particulars of the number of votes each member would be entitled to exercise upon a poll.

		(2)	A person whose name is on the roll is entitled to vote in the ballot, and no person is otherwise so entitled.

		(3)	The returning officer must cause ballot papers to be prepared in or to the effect of Form 1 in this Schedule.

		(4)	Each ballot paper must be initialled by the returning officer or an appointed assistant.

		(5)	The returning officer must, at least 21 days prior to the date fixed for the closing of the ballot, send by post or otherwise deliver to every member entitled to vote in the ballot one set of the following material-

			(a)	one ballot paper;

			(b)	an envelope (in this Schedule referred to as the outer envelope) addressed to the returning officer;

			(c)	a smaller envelope (in this Schedule referred to as the middle envelope), the reverse side of which must be printed in or to the effect of Form 2;

			(d)	a small envelope (in this Schedule referred to as the inner envelope) into which the ballot paper is to be enclosed;

			(e)	a copy of the statement prepared by the board setting out the details of the proposal upon which the decision of the members is to be sought.

	4.	Duplicate ballot papers

     The returning officer may send a duplicate ballot paper to any voter if the returning officer is satisfied-

			(a)	that the voter has not received a ballot paper; or

			(b)	that the ballot paper received by the voter has been lost, spoilt or destroyed and that the voter has not already voted.

	5.	Voting

     A member casts a vote in the ballot by-

			(a)	completing the details on the reverse side of the middle envelope; and

			(b)	marking his or her vote on the ballot paper according to the instructions on the ballot paper; and

			(c)	sending the ballot paper, in the envelopes provided, to the returning officer.

	6.	Safe keeping of ballot papers

     
		(1)	The returning officer must provide a ballot box which must be locked immediately before the ballot papers are delivered to members in accordance with clause 3(5) and must remain locked until the close of the ballot.

		(2)	The returning officer must place the outer envelopes in the ballot box not later than noon on the date fixed for the closing of the ballot.

	7.	Counting of the votes

     
		(1)	Ballot papers received after noon on the date fixed for the closing of the ballot must not be taken into account at the ballot.

		(2)	As soon as practicable after noon on the date fixed for the closing of the ballot, the returning officer must, in the presence of such scrutineers as may be appointed by the board, open the ballot box and deal with the contents in accordance with subclause (3).



		(3)	The returning officer must-

			(a)	remove the middle envelope from the outer envelope;

			(b)	if a duplicate outer envelope has been issued and the original outer envelope is received, reject the original envelope and mark it "rejected"; and

			(c)	according to the information on the middle envelope, for each set of voting papers returned, mark the voter's name on the roll by drawing a line through the name; and

			(d)	if a member's name has already been crossed out on the roll, reject the postal vote and mark it "rejected"; and

			(e)	if the middle envelope has not been signed, or if the details shown on the envelope are not sufficient to disclose by whom the vote is being exercised, reject the envelope and mark it "rejected"; and

			(f)	extract the inner envelopes containing the ballot papers from all unrejected middle envelopes, separating the contents from the middle envelopes in such a way that no inner envelope could subsequently be identified with any particular voter; and

			(g)	when all the middle envelopes have been dealt with in the above manner, open all unrejected inner envelopes and take the ballot papers from them.

		(4)	The ballot papers must be scrutinised by the returning officer who must reject as informal any ballot paper that-

			(a)	is not duly initialled by the returning officer; or

			(b)	is so imperfectly marked that the intention of the voter cannot be ascertained by the returning officer; or

			(c)	has any mark or writing not authorised by this Schedule which, in the opinion of the returning officer, will enable the voter to be identified; or

			(d)	has not been marked as prescribed on the ballot paper itself.

	8.	Statement by returning officer

     
		(1)	The returning officer must count all votes cast and make out and sign a statement of-

			(a)	the number of formal votes cast in favour of the proposal; and

			(b)	the number of formal votes cast against the proposal; and

			(c)	the number of informal votes cast; and

			(d)	the number of middle envelopes marked "rejected"; and

			(e)	the proportion of the formal votes polled which were in the affirmative.

		(2)	The returning officer must forward a copy of the statement to the chairperson of the board of the co-operative who must announce the result of the ballot at the next general meeting.

	9.	Notification of the result of the ballot

     
		(1)	A co-operative must give notification of the result of a ballot (other than a ballot conducted to alter the rules of a co-operative) by displaying the result on the notice board at the registered office of the co-operative.



		(2)	In the case of a postal ballot conducted to alter the rules of a co-operative, the co-operative must cause the result of the ballot to be notified in writing to its members as soon as practicable after the alteration takes effect and, in any event, not later than the date on which notice is given to the members of the next annual general meeting of the co-operative following the date on which the alteration takes effect.

	10.	Retention of ballot papers

     The returning officer must retain-

			(a)	all ballot papers (whether formal or otherwise); and

			(b)	all rejected outer envelopes; and

			(c)	all rolls,

used in connection with the conduct of the postal ballot, locked in the ballot box until the returning officer has been directed in writing by the board that the items referred to may be destroyed.
__________________
FORM 1
POSTAL BALLOT
Ballot of members to determine the following proposal-
......................................................................................................................
......................................................................................................................
......................................................................................................................
Do you support the above proposal? (Please mark YES or NO) ..................
The ballot will close at noon on ....................................................................
How to Vote
1.	Read these directions and the ballot paper carefully.
2.	Complete and sign the details on the reverse side of the middle envelope.
3.	Mark the ballot paper in the space provided above to indicate your intention regarding the proposal.
4.	After marking the ballot paper, fold it and place it in the small envelope provided and seal the envelope. Then place the small envelope in the completed middle envelope and place the middle envelope in the envelope addressed to the returning officer. Forward this envelope either by post or personal delivery so as to reach the returning officer not later than noon on ..............................................
5.	Unless the ballot paper is marked as indicated in 3 above and the details referred to in 2 above are completed in full and the middle envelope signed, your vote may be rejected as informal.
............................................
Initials of returning officer 
__________________
FORM 2
MEMBER DETAILS
......................................................................................................................
(Full Name)
......................................................................................................................
......................................................................................................................
(Address)
......................................................................................................................
(Signature)
1.	Please use capital letters for your name and address.
2.	If the vote is being cast on behalf of a co-operative or other body corporate also indicate the name of such co-operative or body corporate.
_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 4 $$T $$NSCHEDULE 

PRESCRIBED INFORMATION RELATING TO PROPOSED COMPROMISE OR ARRANGEMENT

	1.	Definitions

     In this Schedule-
internal creditor means a creditor who is-
	(a)	a member of the co-operative; or
	(b)	a relative or spouse of a member; or
	(c)	a relative of the spouse of a member;
Scheme means the proposed compromise or arrangement;
scheme creditors means the creditors or class of creditors of a co-operative, to whom the Scheme would apply;
scheme members means the members or class of members of a co-operative, to whom the Scheme would apply.

	2.	Prescribed information relating to proposed compromise or arrangement with creditors or class of creditors

     
		(1)	The prescribed information which must be included in a draft explanatory statement or explanatory statement (as the case may be) in relation to a proposed compromise or arrangement between a co-operative and any of its creditors is-

			(a)	the expected dividend that would be available to scheme creditors if the co-operative were to be wound up within 6 months after the date of the hearing of the application to the Court for an order under section 340(1) of the Act; and

			(b)	if a composition of debts is proposed, the expected dividend that would be paid to scheme creditors if the Scheme were put into effect as proposed; and

			(c)	a list of the names of all known scheme creditors and the debts owed to those creditors; and

			(d)	if a scheme creditor is known to be a guaranteed creditor, the name of the creditor and the amount of the debt owed; and

			(e)	if a scheme creditor is known to be an internal creditor, the name of the creditor and the amount of the debt owed.

		(2)	The statement referred to in subclause (1) must contain a statement that an order under section 340(1) of the Act is not an endorsement of, or any other expression of opinion on, the Scheme.

		(3)	The statement referred to in subclause (1) must contain or include-

			(a)	a report on the affairs of the co-operative in or to the effect of the form approved by the Registrar, showing the financial position of the co-operative as at a day within one month of the date on which it is intended to apply to the Court for an order under section 340(1) of the Act; and

			(b)	a copy, certified by a director or by the principal executive officer or a secretary of the co-operative to be a true copy, of all accounts and group accounts (if any) required to be laid before the co-operative at the annual general meeting, together with a copy of every document required by law to be annexed to the accounts; and

			(c)	if the co-operative the subject of the Scheme is a trustee, a statement-

	(i)	of the number of trusts administered by the trustee; and
	(ii)	whether the trustee carries on any business separate from that of the trust; and
	(iii)	how the scheme creditors may obtain a copy of the relevant trust deed, free of charge, prior to the date of the meeting; and

			(d)	if the person (if any) who would be appointed to manage the Scheme proposes to charge for his or her services and for the services of his or her staff in accordance with a particular scale of charges, that scale of charges.

	3.	Prescribed information relating to proposed compromise or arrangement with members or a class of members

     
		(1)	The prescribed information which must be included in a draft explanatory statement or explanatory statement (as the case may be) in relation to a proposed compromise or arrangement between a co-operative and any of its members is-

			(a)	unless the co-operative the subject of the Scheme is in the course of being wound up or is under official management, in relation to each director of the co-operative-

	(i)	whether the director recommends the acceptance of the Scheme or recommends against acceptance and, in either case, his or her reasons for so recommending; or
	(ii)	if the director is not available to consider the Scheme, that the director is not so available and the cause of his or her not being available; or
	(iii)	in any other case, that the director does not desire to make, or does not consider himself or herself justified in making, a recommendation and, if the director so requires, his or her reasons for not wishing to do so; or

			(b)	if the co-operative is in the course of being wound up or is under official management-in relation to each liquidator or each official manager-

	(i)	whether he or she recommends acceptance of the Scheme or recommends against acceptance and, in either case his or her reasons for so recommending; or
	(ii)	in any other case, that the liquidator or official manager does not wish to make a recommendation and his or her reasons for not wishing to do so.

		(2)	The statement referred to in subclause (1) must set out-

			(a)	the number, description and amount of marketable securities of the co-operative the subject of the Scheme held by or on behalf of each director of the co-operative or, if none are held by or on behalf of a director, a statement to that effect; and

			(b)	for each director of the co-operative by whom or on whose behalf shares in that co-operative are held, whether-

	(i)	the director intends to vote in favour of, or against, the Scheme; or
	(ii)	the director has not decided whether he or she will vote in favour of, or against, the Scheme; and

			(c)	particulars of any payment or other benefit that is proposed to-

	(i)	be made or given to any director, secretary or executive officer of the co-operative the subject of the Scheme as compensation for loss of, or as consideration for or in connection with his or her retirement from, office in that co-operative or in a related body corporate; or
	(ii)	be made or given to any director, secretary or executive officer of any related body corporate as compensation for the loss of, or as consideration for or in connection with his or her retirement from, office in that body corporate or in the co-operative the subject of the Scheme; and

			(d)	if there is any other agreement or arrangement made between a director of the co-operative the subject of the Scheme and another person in connection with or conditional on the outcome of the Scheme-particulars of the agreement or arrangement; and

			(e)	if the object of the Scheme is for a co-operative to acquire control of a company, particulars of the nature and extent of any interest of a director of that company in any contract entered into by the co-operative; and



			(f)	whether, within the knowledge of the directors of the co-operative the subject of the Scheme, or, if the co-operative is in liquidation or under official management, the knowledge of the liquidator or the official manager, the financial position of the co-operative has materially changed since the date of the last balance sheet laid before the co-operative in general meeting and, if so, full particulars of any change; and

			(g)	any other information material to the making of a decision in relation to the Scheme, being information that is within the knowledge of any director, liquidator or official manager of a co-operative the subject of the Scheme or of a related company and that has not previously been disclosed to the Scheme members.

		(3)	The statement must set out particulars of the intentions of the directors of the co-operative the subject of the Scheme regarding-

			(a)	the continuation of the business of the co-operative or, if the undertaking, or any part of the undertaking, of a co-operative is to be transferred, how that undertaking or part is to be conducted in the future; and

			(b)	any major changes to be made to the business of the co-operative, including any redeployment of the fixed assets of the co-operative; and

			(c)	the future employment of the present employees of the co-operative.

_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 5 $$T $$NSCHEDULE 

COMPULSORY ACQUISITION NOTICE
1.	To
	of
A.	The transferee (insert name of person giving notice) on (insert date) made an offer to the holders of *shares in (insert name) Co-operative Limited/*shares included in a class of shares in (insert name) Co-operative Limited for the transfer of those shares to the transferee, not being an offer made under a scheme or contract to which Division 2 of Part 11 of the Co-operatives Act 1996 applies; and
B.	The scheme or contract involving the transfer of those shares to the transferee was on or before (insert date) approved by the holders of at least 90 % in nominal value of all the shares concerned, other than excluded shares; and
C.	You are a dissenting shareholder.
2.	The transferee gives you notice under section 355(1) of the Co-operatives Act 1996 that the transferee wishes to acquire those shares held by you.
3.	You are entitled under section 355(2) of the Co-operatives Act 1996 to ask the transferee, by written notice given to the transferee within one month after the day on which this notice is given, to give you a statement in writing of the names and addresses of all other dissenting shareholders as shown in the register of members.
*4.	You are entitled not later than the expiration of 28 days after the date on which this notice is given or 14 days after the date on which a statement is supplied to you under section 355(2) of the Co-operatives Act 1996, whichever is the later, to elect, by notice to the transferee, which of the alternative terms offered to the approving shareholders under the scheme or contract you prefer. The alternative terms are as follows-(insert details)
5.	Unless, on application made by you within 28 days after the date on which this notice is given or within 14 days after a statement is supplied to you under section 355(2) of the Co-operatives Act 1996, the Supreme Court otherwise orders, the transferee will be entitled and bound subject to section 355(2) to acquire your shares-
(a)	on the terms on which, under the scheme or contract, the shares of the approving shareholders are to be transferred to the transferee; or
(b)	if alternative terms were offered-
 (i)	on the terms for which you have elected; or
(ii)	if you have not so elected, on whichever of those terms the transferee determines unless the Supreme Court otherwise orders.
Dated         19

(signature of transferee)
* Omit if not applicable
_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 6 $$T $$NSCHEDULE 

NOTICE TO REMAINING SHAREHOLDER
1.	To
	of
A.	The transferee (insert name of person giving notice) on (insert date) made offers to the holders of shares *in (insert name of co-operative) Limited/*included in a class of shares in (insert name of co-operative) Limited for the transfer of those shares to the transferee, not being offers made under a scheme or contract to which Division 2 of Part 11 of the Co-operatives Act 1996 applies; and
B.	Under the scheme or contract the transferee became on (insert date) beneficially entitled to shares in that co-operative which together with any other shares in that co-operative to which the transferee, or the transferee and any body corporate related to the transferee, is beneficially entitled, comprise or include 90 % in nominal value of the shares concerned; and
C.	You are the holder of remaining shares *in that co-operative/*included in that class of shares in that co-operative and have not assented to the scheme or contract or been given notice in respect of those shares by the transferee under section 355(1) of the Co-operatives Act 1996.
2.	The transferee gives you notice under section 357(1)(a) of the Co-operatives Act 1996 that under that scheme or contract the transferee on (insert date) became beneficially entitled to shares in (insert name of co-operative) Limited and those shares together with any other shares in that co-operative to which the transferee, or the transferee and any body corporate related to the transferee, is beneficially entitled, comprise or include 90 % in nominal value of the shares *in that co-operative/*included in that class of shares in that co-operative.
3.	You are entitled under section 357(1)(b) of the Co-operatives Act 1996, within 3 months after being given this notice, by notice to the transferee, to require the transferee to acquire your shares.
*4.	You are entitled under section 357(1)(b) of the Co-operatives Act 1996, within 3 months after being given this notice, to elect by notice to the transferee which of the alternative terms offered to the approving shareholders under the scheme or contract you will accept. The alternative terms are as follows-(insert details)
5.	If you require the transferee to acquire the shares held by you the transferee will be entitled and bound to acquire those shares-
(a)	on the terms that under the scheme or contract were offered to the approving shareholders; or
(b)	if alternative terms were offered-
 (i)	on the terms for which you have elected; or
(ii)	if you do not so elect, on whichever of the terms the transferee determines; or
(c)	on such other terms as are agreed or as the Supreme Court on the application of the transferee or of yourself orders.
Dated         19

(signature of transferee)
* Omit if not applicable
_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 7 $$T $$NSCHEDULE 

NOTICE REQUIRING PRODUCTION OF DOCUMENTS OR APPEARANCE TO ANSWER QUESTIONS
Co-operatives Act 1996
(Sec. 393(1))
To: (name of co-operative or person)
In relation to an inspection of (name of co-operative), you are required:
* (a)	to produce to me on (date) at (time) at (full details of place) the documents specified in the Schedule to this notice relating to the co-operative; and
* (b)	to attend on (date) at (time) before (name of inspector) at (full details of place) to answer any questions relating to the promotion, formation, membership, control, transactions, dealings, business or property of the co-operative.
Please note section 398 of the Act (relating to self-incrimination).
SCHEDULE
......................................................
Signed by the Inspector
......................................................
Date
* Delete if not applicable
_______________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 8 $$T $$NSCHEDULE 

NOTICE TO PRODUCE DOCUMENTS, GIVE ASSISTANCE OR TO APPEAR FOR EXAMINATION AT INQUIRY
Co-operatives Act 1996
(Sec. 405(1))
To (name of involved person)
In relation to an Inquiry into the affairs of (name of co-operative), you are required:
* (a)	to produce to me on (date) at (time) at (full details of place) the documents referred to in the Schedule to this notice that are in your custody or control and that relate to the affairs of (name of co-operative); 
* (b)	to give all reasonable assistance in connection with the Inquiry; 
* (c)	to appear on (date) at (time) before (name of investigator) at (full details of place) for examination on oath or affirmation.
Please note the provisions of section 406(1) of the Act (relating to legal representation) and sections 406(2) and (3) of the Act (relating to self-incrimination).
SCHEDULE
......................................................
Signed by the Inspector
......................................................
Date
* Delete if not applicable
__________________
$$A $$T Co-operatives Regulations 1997 - SCHEDULE 9 $$T $$NSCHEDULE 

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
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
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
---------------


$$A
$$T
CO-OPERATIVES REGULATIONS 1997
 - NOTES
$$T
$$NNOTES

ENDNOTES

1. General Information
The Co-operatives Regulations 1997, S.R. No. 103/1997 were made on 30 September 1997 by the Governor in Council under sections 4, 9, 11, 107, 124, 141, 158, 199, 214, 228, 238, 244, 246, 248, 249, 255, 258, 267, 273, 277, 278, 279, 306, 315, 316, 341, 349, 355, 357, 369, 370, 373, 374, 375, 378, 393, 405, 406, 435 and 463 and clause 2 of Schedule 1 and clauses 8 and 41 of Schedule 3 of the Co-operatives Act 1996, No. 84/1996 and came into operation on 1 October 1997: regulation 2.
The Co-operatives Regulations 1997 will sunset on 29 September 2008: see the Subordinate Legislation (Co-operatives Regulations 1997 - Extension of Operation) Regulations 2007, S.R. No. 96/2007.

2. Table of Amendments
This Version incorporates amendments made to the Co-operatives Regulations 1997 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Corporations (Ancillary Provisions) (Consequential Amendments) Regulations 2001, S.R. No. 62/2001
Date of Making:
28.6.01
Date of Commencement:
15.7.01: reg. 3
Co-operatives (Fees) Regulations 2003, S.R. No. 90/2003
Date of Making:
22.7.03
Date of Commencement:
28.7.03: reg. 3
Monetary Units Regulations 2004, S.R. No. 88/2004
Date of Making:
29.6.04
Date of Commencement:
1.7.04: reg. 3
Co-operatives (Infringement Penalties Amendment) Regulations 2007, 
S.R. No. 9/2007
Date of Making:
27.2.07
Date of Commencement:
27.2.07
-------------------------------------------------------------
3. Explanatory Details

1 S.R. No. 76/1993.
??

??





Part 1-Preliminary


Co-operatives Regulations 1997
S.R. No. 103/1997