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This is a Bill, not an Act. For current law, see the Acts databases.


ASSOCIATIONS AND CO-OPERATIVES LEGISLATION AMENDMENT BILL 2024

                     Western Australia


Associations and Co-operatives Legislation
          Amendment Bill 2024

                         Contents

      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
      Part 2 -- Associations Incorporation
           Act 2015 amended
3.    Act amended                                             3
4.    Section 18 amended                                      3
5.    Part 2 Division 4 inserted                              3
      Division 4 -- Reservation of names
      20A.      Application for reservation of name      3
      20B.      Decision on application                  3
      20C.      Duration of reservation of name          4
6.    Section 23A inserted                                    4
      23A.      Rules imposing additional requirements
                not inconsistent with Act                4
7.    Section 24 amended                                      4
8.    Section 50 amended                                      5
9.    Section 51 amended                                      5
10.   Section 52A inserted                                    6
      52A.      Holding meetings remotely in whole or
                part                                     6
11.   Section 53 amended                                      6
12.   Section 54 amended                                      7
13.   Section 56 amended                                      7
14.   Sections 56A and 56B inserted                           8
      56A.      Restriction of access to personal
                information                              8
      56B.      Secretary must pass on information if
                contact details restricted               8


                           186--1                             page i
Associations and Co-operatives Legislation Amendment Bill 2024



Contents



      15.     Section 87 amended                                          9
      16.     Part 9 heading replaced                                    10
              Part 9 -- Administration, winding up and
                     restructuring
      17.     Part 9 Division 1 heading replaced                         10
              Division 1 -- Voluntary administration, winding up
                     and restructuring
      18.     Section 121 amended                                        10
      19.     Section 121A inserted                                      11
              121A.    Restructuring under Corporations Act         11
      20.     Section 122 amended                                        12
      21.     Section 127 amended                                        12
      22.     Section 136A inserted                                      12
              136A.    Commissioner may revoke approval of
                       distribution plan                            12
      23.     Section 138A inserted                                      13
              138A.    Amendment of approved distribution plan      13
      24.     Section 144 replaced                                       14
              144.     Grounds on which Commissioner may act        14
      25.     Section 167 amended                                        15
      26.     Section 169 amended                                        15
      27.     Section 182 amended                                        16
      28.     Part 16A inserted                                          17
              Part 16A -- Transitional provision for Associations
                     and Co-operatives Legislation Amendment
                     Act 2024
              211A.     Application of s. 54 to existing requests   17
      29.     Schedule 1 amended                                         18
      30.     Schedule 2 amended                                         18
      31.     Schedule 3 amended                                         18
              Part 3 -- Co-operatives Act 2009
                   amended
      32.     Act amended                                                19
      33.     Section 168 amended                                        19
      34.     Section 194 amended                                        19
      35.     Section 194A inserted                                      20
              194A.    Holding meetings remotely in whole or
                       part                                         20
      36.     Section 250 amended                                        20


page ii
      Associations and Co-operatives Legislation Amendment Bill 2024



                                                              Contents



37.        Section 484A inserted                                 21
           484A.    Technology neutral signing           21
38.        Various references to "chairman" amended              23




                                                               page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Associations and Co-operatives Legislation
              Amendment Bill 2024

                               A Bill for


An Act to amend the Associations Incorporation Act 2015 and the
Co-operatives Act 2009.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Associations and Co-operatives Legislation
4             Amendment Act 2024.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent (assent day);
9              (b) sections 5, 12 to 14 and 26 -- on a day fixed by
10                   proclamation, and different days may be fixed for
11                   different provisions;
12             (c) the rest of the Act -- on the day after assent day.




     page 2
            Associations and Co-operatives Legislation Amendment Bill 2024
                 Associations Incorporation Act 2015 amended        Part 2

                                                                             s. 3



1    Part 2 -- Associations Incorporation Act 2015 amended
2    3.     Act amended
3           This Part amends the Associations Incorporation Act 2015.

4    4.     Section 18 amended
5           In section 18(3)(b) delete "duplicate instruments of title and
6           other".

7    5.     Part 2 Division 4 inserted
8           At the end of Part 2 insert:
9


10                   Division 4 -- Reservation of names
11        20A.    Application for reservation of name
12          (1)   An application for reservation of a name may be made
13                to the Commissioner by an incorporated association or
14                by an applicant for the incorporation of an association.
15          (2)   An application for reservation of a name --
16                 (a) must be in the approved form; and
17                 (b) must state the name to be reserved; and
18                 (c) must be accompanied by the fee prescribed by
19                       the regulations.

20        20B.    Decision on application
21          (1)   The Commissioner may determine an application for
22                reservation of a name by reserving the name or by
23                refusing the application.




                                                                       page 3
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 6



1             (2)   An application for reservation of a name may be
2                   refused --
3                     (a) if the nominated name is not appropriate having
4                           regard to section 12; or
5                     (b) if the Commissioner is satisfied that the
6                           application has been made for an improper
7                           purpose.

8           20C.    Duration of reservation of name
9                   The reservation of a name expires at the end of the
10                  period of 3 months after the name is reserved or, if an
11                  application for the incorporation of an association or
12                  for a change in an incorporated association's name is
13                  made within that period, when the application is
14                  determined.
15


16   6.       Section 23A inserted
17            After section 23 insert:
18


19          23A.    Rules imposing additional requirements not
20                  inconsistent with Act
21                  The rules of an incorporated association are not
22                  inconsistent with this Act merely because the rules
23                  impose a requirement that is in addition to the
24                  requirements imposed by this Act.
25


26   7.       Section 24 amended
27            In section 24(1) --
28              (a) in paragraph (g) delete "Act." and insert:
29
30                    Act;
31


     page 4
          Associations and Co-operatives Legislation Amendment Bill 2024
               Associations Incorporation Act 2015 amended        Part 2

                                                                             s. 8



1          (b)    after paragraph (g) insert:
2

3                 (h)    an association that is incorporated under an Act
4                        of another State or a Territory that corresponds
5                        to this Act;
6                  (i)   an Aboriginal and Torres Strait Islander
7                        corporation as defined in the Corporations
8                        (Aboriginal and Torres Strait Islander)
9                        Act 2006 (Commonwealth) section 16.5;
10                 (j)   a religious organisation incorporated by or
11                       under a written law;
12                (k)    an entity endorsed by the Commissioner of
13                       Taxation of the Commonwealth under the
14                       Income Tax Assessment Act 1997
15                       (Commonwealth) as a deductible gift recipient.
16


17   8.   Section 50 amended
18        After section 50(3) insert:
19

20        (4)    Subsection (1) does not apply to an incorporated
21               association for a calendar year if, as a result of the
22               Commissioner allowing a longer period under
23               subsection (3)(b), the association does not hold an
24               annual general meeting in that calendar year.
25


26   9.   Section 51 amended
27        Delete section 51(5).




                                                                          page 5
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 10



1    10.       Section 52A inserted
2              At the end of Part 4 Division 4 insert:
3


4            52A.    Holding meetings remotely in whole or part
5              (1)   Unless the rules of an incorporated association state
6                    otherwise --
7                      (a) a general meeting of the association or a
8                           management committee meeting may be held in
9                           whole or in part using a telephone or other
10                          means of instantaneous communication; and
11                     (b) a person who is entitled to be present and heard
12                          at a general meeting of the association or a
13                          management committee meeting may
14                          participate in the meeting in whole or in part
15                          using a telephone or other means of
16                          instantaneous communication.
17             (2)   A person who participates in a general meeting or
18                   management committee meeting in reliance on
19                   subsection (1)(a) or (b) is taken to have attended and
20                   been present at the meeting and, if the person votes at
21                   the meeting, the person is taken to have voted in
22                   person.
23


24   11.       Section 53 amended
25             After section 53(2) insert:
26

27             (3)   Subsection (2) does not prevent the incorporated
28                   association from including other information in the
29                   register of members, in accordance with the rules of the
30                   association.
31




     page 6
                 Associations and Co-operatives Legislation Amendment Bill 2024
                      Associations Incorporation Act 2015 amended        Part 2

                                                                                 s. 12



1    12.         Section 54 amended
2          (1)   Delete section 54(1) and insert:
3

4                (1)    Subject to section 56A, an incorporated association
5                       must, at the request of a member, make the register of
6                       members available for inspection by the member,
7                       within --
8                        (a) 30 days after the day of the request; or
9                        (b) a shorter period stated in the rules of the
10                              association for the purposes of this section.
11                      Penalty for this subsection: a fine of $2 750.
12

13         (2)   In section 54(2) after "Subject to" insert:
14

15               section 56A and
16


17   13.         Section 56 amended
18               In section 56(3):
19                 (a) after "Subject to" insert:
20

21                       section 56A and
22

23                (b)    in the Penalty delete "Penalty:" and insert:
24

25                      Penalty for this subsection:
26




                                                                            page 7
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 14



1    14.       Sections 56A and 56B inserted
2              After section 56 insert:
3


4            56A.    Restriction of access to personal information
5              (1)   A member of an incorporated association may apply to
6                    the secretary of the association to restrict access to the
7                    personal information of the person recorded in the
8                    register of members.
9              (2)   A request under subsection (1) may seek to restrict
10                   access so that the personal information is available
11                   only to the Commissioner and the secretary.
12             (3)   If the secretary is satisfied that prescribed
13                   circumstances exist for doing so, the secretary must
14                   agree to the request.
15             (4)   If the secretary agrees to the request, access to the
16                   personal information is restricted in accordance with
17                   the request.
18             (5)   If the secretary refuses the request, the secretary must
19                   notify the member who made the request of the
20                   decision as soon as practicable and in any case within
21                   30 days from the date of the decision.
22             (6)   The notice must --
23                    (a) be in writing; and
24                    (b) include the reasons for the decision.

25           56B.    Secretary must pass on information if contact
26                   details restricted
27             (1)   This section applies if --
28                    (a) a member of an incorporated association (the
29                          first member) wishes to give information
30                          relating to the affairs of the association to

     page 8
                  Associations and Co-operatives Legislation Amendment Bill 2024
                       Associations Incorporation Act 2015 amended        Part 2

                                                                                    s. 15



1                                 another member of the association (the second
2                                 member); and
3                          (b)    access to the second member's contact details
4                                 on the register of members of the association
5                                 has been restricted under section 56A.
6                 (2)     If the first member requests that the secretary of the
7                         incorporated association give the information to the
8                         second member, the secretary must do so as soon as
9                         practicable and in any case within 14 days from the
10                        date of the request.
11


12   15.          Section 87 amended
13         (1)    After section 87(2) insert:
14

15               (2A)     A reviewer or auditor may be appointed at a general
16                        meeting for a fixed term stated in the incorporated
17                        association's rules for the purposes of this section.
18               (2B)     If a fixed term is stated in the incorporated
19                        association's rules, the term must be at least 2 years but
20                        not more than 5 years.
21

22         (2)    In section 87(3):
23                  (a) in paragraph (e) delete "(5)." and insert:
24

25                         (5); or
26

27                  (b)    after paragraph (e) insert:
28

29                          (f)   completes a fixed term of appointment.
30




                                                                                   page 9
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 16



1    16.       Part 9 heading replaced
2              Delete the heading to Part 9 and insert:
3


4               Part 9 -- Administration, winding up and
5                           restructuring
6


7    17.       Part 9 Division 1 heading replaced
8              Delete the heading to Part 9 Division 1 and insert:
9


10           Division 1 -- Voluntary administration, winding up and
11                               restructuring
12


13   18.       Section 121 amended
14             After section 121(3) insert:
15

16             (4)   If money is paid to the Commissioner by a liquidator
17                   under the Corporations Act section 544, the
18                   Commissioner has power to pay the debts and
19                   liabilities of the incorporated association and wind up
20                   its affairs.
21             (5)   The Commissioner may for the purposes of
22                   subsection (4) or any incidental purpose --
23                     (a) do all such other acts and things as are
24                          reasonably necessary or expedient; and
25                     (b) appoint a person to investigate the affairs of the
26                          association and exercise any power on behalf of
27                          the Commissioner; and
28                     (c) give such directions as the Commissioner
29                          thinks fit; and

     page 10
             Associations and Co-operatives Legislation Amendment Bill 2024
                  Associations Incorporation Act 2015 amended        Part 2

                                                                            s. 19



1                   (d)    do or omit to do any act or thing, or take any
2                          step, that is prescribed.
3            (6)   The reasonable costs, charges and expenses of the
4                  Commissioner or a person appointed under
5                  subsection (5)(b) relating to the exercise and
6                  performance of the powers and functions conferred by
7                  or under subsections (4) and (5) in respect of an
8                  incorporated association are to be paid out of the
9                  money paid to the Commissioner as described in
10                 subsection (4).
11


12   19.     Section 121A inserted
13           After section 121 insert:
14


15         121A.   Restructuring under Corporations Act
16           (1)   This section makes provision for the restructuring
17                 under the Corporations Act of an incorporated
18                 association.
19           (2)   Subsection (3) is made for the purposes of the
20                 Corporations (Ancillary Provisions) Act 2001 Part 3.
21           (3)   The restructuring of an incorporated association is
22                 declared to be an applied Corporations legislation
23                 matter in relation to the Corporations Act Part 5.3B
24                 subject to the following modifications --
25                   (a) the modifications to the text of that Act set out
26                         in Schedule 3;
27                   (b) such other modifications (within the meaning
28                         of the Corporations (Ancillary Provisions)
29                         Act 2001 Part 3) as may be prescribed by the
30                         regulations.
31




                                                                        page 11
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 20



1    20.         Section 122 amended
2                In section 122 delete "120 or 121" and insert:
3

4                120, 121 or 121A
5


6    21.         Section 127 amended
7          (1)   In section 127(6)(a) delete "association;" and insert:
8

9                association or restructuring practitioner for the association;
10

11         (2)   At the end of section 127 insert:
12

13               (7)   In subsection (6) --
14                     restructuring practitioner has the meaning given in
15                     paragraph (a) of the definition of restructuring
16                     practitioner in the Corporations Act section 9.
17


18   22.         Section 136A inserted
19               After section 136 insert:
20


21           136A.     Commissioner may revoke approval of distribution
22                     plan
23               (1)   The Commissioner may revoke approval of a
24                     distribution plan for an incorporated association if the
25                     Commissioner is of the opinion that the approval was
26                     based on incorrect information.
27               (2)   The Commissioner may act under subsection (1) on the
28                     application of the incorporated association or on the
29                     Commissioner's own initiative.

     page 12
             Associations and Co-operatives Legislation Amendment Bill 2024
                  Associations Incorporation Act 2015 amended        Part 2

                                                                              s. 23



1            (3)   An application must --
2                   (a) be in writing; and
3                   (b) state the reasons for the application.
4            (4)   If the Commissioner acts under subsection (1), the
5                  Commissioner is taken to have refused to approve the
6                  distribution plan under section 136.
7


8    23.     Section 138A inserted
9            After section 138 insert:
10


11         138A.   Amendment of approved distribution plan
12           (1)   The Commissioner may approve an amendment to a
13                 distribution plan approved under this Division for an
14                 incorporated association if satisfied that --
15                   (a) it is not possible for the distribution plan to be
16                         complied with; or
17                   (b) there are problems with interpreting,
18                         implementing or completing the distribution
19                         plan.
20           (2)   The Commissioner may act under subsection (1) on the
21                 application of the incorporated association.
22           (3)   An application must --
23                  (a) be in writing; and
24                  (b) state the reasons for the application.
25




                                                                       page 13
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 24



1    24.       Section 144 replaced
2              Delete section 144 and insert:
3


4            144.   Grounds on which Commissioner may act
5                   Section 145 applies if the Commissioner has
6                   reasonable cause to believe that --
7                     (a) an incorporated association was not at the time
8                          of incorporation eligible for incorporation
9                          under this Act; or
10                    (b) an incorporated association has contravened or
11                         is contravening section 17; or
12                    (c) an incorporated association is not in operation;
13                         or
14                    (d) an incorporated association has resolved to
15                         wind up but no person is prepared to act as
16                         liquidator; or
17                    (e) an incorporated association has failed to
18                         comply with a direction of the Commissioner
19                         under section 95; or
20                     (f) an incorporated association has refused or
21                         failed to remedy a contravention of this Act
22                         within 60 days after notice of the contravention
23                         has been given to the association by the
24                         Commissioner; or
25                    (g) it is in the public interest to cancel the
26                         incorporation of an incorporated association.
27




     page 14
           Associations and Co-operatives Legislation Amendment Bill 2024
                Associations Incorporation Act 2015 amended        Part 2

                                                                            s. 25



1    25.   Section 167 amended
2          Delete section 167(2)(a), (b) and (c) and insert:
3

4                  (a)     that the document be appropriately amended
5                          and provided again for lodgment; or
6                  (b)     that a fresh document be provided in its place
7                          for lodgment; or
8                  (c)     if the document has not been duly completed,
9                          that --
10                            (i) the document be appropriately
11                                  completed and provided again for
12                                  lodgment; or
13                           (ii) a supplementary document in a form
14                                  approved by the Commissioner be
15                                  provided for lodgment.
16


17   26.   Section 169 amended
18         In section 169(1) in the Table after item 4 insert:
19

             4A          Refuse under section 20B(1) an     The incorporated
                         application to reserve a name      association or
                                                            applicant for
                                                            incorporation that
                                                            made the
                                                            application
20




                                                                      page 15
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 27



1    27.          Section 182 amended
2          (1)    In section 182(1):
3                   (a) in paragraph (b) delete "dispute," and insert:
4

5                          dispute; or
6

7                   (b)    after paragraph (b) insert:
8

9                          (c)   a former member expelled from the association
10                               involved in the dispute,
11

12         (2)    After section 182(1) insert:
13

14               (1A)     An application by a former member must be made
15                        within 6 months of the expulsion of the person from
16                        the incorporated association.
17

18         (3)    In section 182(3) --
19                  (a) in paragraph (b) after "members" insert:
20

21                         or former members
22

23                  (b)    in paragraph (c) delete "member or members" and
24                         insert:
25

26                         member, members, former member or former members
27




     page 16
             Associations and Co-operatives Legislation Amendment Bill 2024
                  Associations Incorporation Act 2015 amended        Part 2

                                                                          s. 28



1    28.     Part 16A inserted
2            After section 211 insert:
3


4              Part 16A -- Transitional provision for
5             Associations and Co-operatives Legislation
6                       Amendment Act 2024
7          211A.   Application of s. 54 to existing requests
8            (1)   In this section --
9                  commencement day means the day on which the
10                 Associations and Co-operatives Legislation
11                 Amendment Act 2024 section 28 comes into operation;
12                 former section 54(1) means section 54(1) as in force
13                 from time to time before commencement day;
14                 new section 54(1) means section 54(1) as in force on
15                 commencement day.
16           (2)   This section applies if --
17                  (a) a request was made by a member of an
18                        incorporated association under former
19                        section 54(1); and
20                  (b) on commencement day the association's
21                        register of members has not yet been made
22                        available to the member for inspection.
23           (3)   New section 54(1) applies to the request as if --
24                  (a) the reference in paragraph (a) to 30 days after
25                       the day of request was a reference to 30 days
26                       after commencement day; and
27                  (b) paragraph (b) was deleted.
28




                                                                      page 17
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 2         Associations Incorporation Act 2015 amended

     s. 29



1    29.           Schedule 1 amended
2                  After Schedule 1 Division 1 item 6 insert:
3

4            6A.         The member or members, by name or position, of the
5                        management committee of the incorporated association who
6                        are responsible for complying with a provision of this Act or
7                        the regulations that requires information to be given to the
8                        Commissioner about the association.
9


10   30.           Schedule 2 amended
11                 In Schedule 2 clause 4(b) delete "duplicate instruments of title and
12                 other".

13   31.           Schedule 3 amended
14         (1)     Delete the reference after the heading to Schedule 3 and insert:
15

16                 [s. 120, 121, 121A, 122 and 125]
17

18         (2)     In Schedule 3 item 7 delete "203," and insert:
19

20                 203 of this Act,
21

22         (3)     At the end of Schedule 3 insert:
23

24           15.         A reference in section 544(1), (1A) and (2)(c) to Part 9.7 is
25                       to be read as a reference to section 121(4) to (6) of this Act.
26




     page 18
                  Associations and Co-operatives Legislation Amendment Bill 2024
                                   Co-operatives Act 2009 amended         Part 3

                                                                               s. 32



1                 Part 3 -- Co-operatives Act 2009 amended
2    32.          Act amended
3                 This Part amends the Co-operatives Act 2009.

4    33.          Section 168 amended
5          (1)    Delete section 168(3) and insert:
6

7                 (3)   If the instrument of proxy states the way in which a
8                       proxy is to vote on a particular resolution and the proxy
9                       is the chairperson of the meeting, the proxy must vote
10                      on a poll and must vote the way stated.
11               (3A)   If the instrument of proxy states the way in which a
12                      proxy is to vote on a particular resolution and the proxy
13                      is not the chairperson of the meeting, the proxy need
14                      not vote, but if the proxy does so, the proxy must vote
15                      the way stated.
16

17         (2)    Delete section 168(5).

18   34.          Section 194 amended
19                In section 194(2) delete "proxy" and insert:
20

21                person, whether or not a proxy,
22




                                                                            page 19
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 3         Co-operatives Act 2009 amended

     s. 35



1    35.       Section 194A inserted
2              After section 194 insert:
3


4            194A.   Holding meetings remotely in whole or part
5              (1)   Unless the rules of a co-operative state otherwise --
6                     (a) a general meeting of the co-operative may be
7                           held in whole or in part using a telephone or
8                           other means of instantaneous communication;
9                           and
10                    (b) a person who is entitled to be present and heard
11                          at a general meeting of the co-operative may
12                          participate in the meeting in whole or in part
13                          using a telephone or other means of
14                          instantaneous communication.
15             (2)   A person who participates in a general meeting in
16                   reliance on subsection (1)(a) or (b) is taken to have
17                   attended and been present at the meeting and, if the
18                   person votes at the meeting, the person is taken to have
19                   voted in person.
20


21   36.       Section 250 amended
22             Delete section 250(3A)(a) and (b) and insert:
23

24                    (a)    section 674(2);
25                    (b)    section 675(2);
26




     page 20
             Associations and Co-operatives Legislation Amendment Bill 2024
                              Co-operatives Act 2009 amended         Part 3

                                                                           s. 37



1    37.     Section 484A inserted
2            After section 484 insert:
3


4          484A.   Technology neutral signing
5            (1)   This section applies to a document, including a deed,
6                  required or permitted to be signed by a person under
7                  this Act.
8            (2)   If the method of signing satisfies subsection (3), a
9                  person may sign the document --
10                   (a) by signing a physical form of the document by
11                         hand; or
12                   (b) by signing an electronic form of the document
13                         using electronic means.
14           (3)   A method of signing satisfies this subsection if --
15                  (a) the method identifies the person and indicates
16                       the person's intention in respect of the
17                       information recorded in the document; and
18                  (b) the method was either --
19                          (i) as reliable as appropriate for the purpose
20                               for which the information was recorded,
21                               in light of all the circumstances,
22                               including any relevant agreement; or
23                         (ii) proven in fact to have fulfilled the
24                               functions described in paragraph (a), by
25                               itself or together with further evidence.
26           (4)   In subsection (3) --
27                 proven includes established in any way (for example,
28                 through the operation of a presumption for which a
29                 written law provides);




                                                                     page 21
     Associations and Co-operatives Legislation Amendment Bill 2024
     Part 3         Co-operatives Act 2009 amended

     s. 37



1                    relevant agreement means an agreement, arrangement
2                    or understanding --
3                      (a) whether formal or informal or partly formal and
4                           partly informal; and
5                      (b) whether written or oral or partly written and
6                           partly oral; and
7                      (c) whether or not having legal or equitable force
8                           and whether or not based on legal or equitable
9                           rights.
10             (5)   For the purposes of subsection (3)(a), the person is not
11                   required to indicate an intention in relation to --
12                     (a) any material identifying another person signing
13                           the document or indicating another person's
14                           intention in respect of the information recorded;
15                           or
16                     (b) the signature of another person signing the
17                           document; or
18                     (c) if a common seal is fixed to the document --
19                           the seal; or
20                     (d) any immaterial information in a form of the
21                           document generated for the purposes of signing
22                           and which arises in the normal course of
23                           communication, storage or display.
24             (6)   This section does not require --
25                    (a) a person to sign the same form of the document
26                          as another person; or
27                    (b) a person to sign the same page of the document
28                          as another person; or
29                    (c) a person to use the same method to sign the
30                          document as another person; or




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             Associations and Co-operatives Legislation Amendment Bill 2024
                              Co-operatives Act 2009 amended         Part 3

                                                                                   s. 38



1                     (d)   all the information recorded in the document to
2                           be included in the form of the document signed
3                           by a person as referred to in subsection (2)(a) or
4                           (b).
5            (7)     For the purposes of this section, a person who is to sign
6                    a document in more than 1 capacity --
7                      (a) is treated as a different person in each such
8                            capacity they sign the document; and
9                      (b) may sign the document in some or all of those
10                           capacities by signing the document once, if the
11                           document --
12                             (i) requires or permits the person to do so;
13                                  and
14                            (ii) states the capacities in which the person
15                                  is signing the document.
16           (8)     This section does not limit the ways in which a person
17                   may sign a document.
18           (9)     This section does not limit the Electronic Transactions
19                   Act 2011.
20


21   38.     Various references to "chairman" amended
22           In the provisions listed in the Table delete "chairman" and
23           insert:
24

25           chairperson
26

27                                      Table
       s. 15(2)(a)                          s. 18(1)(d)(i), (ii), (iii) and (iv)

       s. 167(4)                            s. 179(1)


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Associations and Co-operatives Legislation Amendment Bill 2024
Part 3         Co-operatives Act 2009 amended

s. 38




  s. 194(4)(b) and (5)              s. 196(2A)(a) and (b)

  s. 197C(1)                        s. 197D(1) and (3)

  s. 201(7)                         s. 202(4)

  s. 444(3)                         s. 466(1)




 


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