Australian Capital Territory
Co-operatives National Law (ACT) Regulation 2017
Subordinate Law SL2017-11

The Australian Capital Territory Executive makes the following regulation under the Co‑operatives National Law (ACT) Act 2017.
Dated 28 April 2017.
Shane Rattenbury
Minister
Gordon RamsAy
Minister

Australian Capital Territory
Co-operatives National Law (ACT) Regulation 2017
Subordinate Law SL2017-11
made under the
Co‑operatives National Law (ACT) Act 2017

    
    
Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	1
	5	Unsuitable names for co‑operatives—the Law, s 220 (5), the regulation, reg 3.7	1
	6	Exemption from restriction on corporations registering name including word ‘co‑operative’ or similar words—the Law, s 220 (7)	2
	7	Exemption from restriction on use of word ‘co‑operative’ or similar words—the Law, s 225 (2)	3
	8	Application for transfer—the Law, s 403 (b)	3
	9	Procedures regarding giving of exemptions—the Law, s 621	4
	10	Co‑operatives may continue to operate under old rules	4
	11	Prescribed fees	5
Schedule 1	Prescribed fees	6
Dictionary		7

1	Name of regulation
This regulation is the Co-operatives National Law (ACT) Regulation 2017.
2	Commencement
This regulation commences on the commencement of the Co‑operatives National Law (ACT) Act 2017, section 3.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation.
Note 2	A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Unsuitable names for co‑operatives—the Law, s 220 (5), the regulation, reg 3.7
For the Co‑operatives National Law (ACT), section 220 (5) (Name to include certain matter) and the Co‑operatives National Regulation (ACT), regulation 3.7 (Unsuitable names for co‑operatives), a name is unsuitable if the Registrar is satisfied that it is likely to mislead.
6	Exemption from restriction on corporations registering name including word ‘co‑operative’ or similar words—the Law, s 220 (7)
For the Co‑operatives National Law (ACT), section 220 (7), a corporation is exempt from that Law, section 220 (4) if the corporation is—
	(a)	a company that is permitted to use the expression ‘building society’, ‘credit union’ or ‘credit society’ under the Banking Act 1959 (Cwlth), section 66 (Restriction on use of certain words and expressions); or
	(b)	a company that is a friendly society under the Life Insurance Act 1995 (Cwlth), section 16C (What is a friendly society?); or
	(c)	a company or society formed or incorporated under an Act before 5 June 2003; or
Note	5 June 2003 is the day the Cooperatives Act 2002 commenced.
	(d)	allowed under an Act to use any of the following words in its name:
	(i)	‘co‑operative’;
	(ii)	‘co‑op’;
	(iii)	‘cooperative’;
	(iv)	‘coop’; or
	(e)	exempted, in writing, by the Registrar from the operation of the Co‑operatives National Law (ACT), section 220 (4).
7	Exemption from restriction on use of word ‘co‑operative’ or similar words—the Law, s 225 (2)
For the Co‑operatives National Law (ACT), section 225 (2), a person is exempt from that Law, section 225 (1) if the person is—
	(a)	a company that is permitted to use the expression ‘building society’, ‘credit union’ or ‘credit society’ under the Banking Act 1959 (Cwlth), section 66 (Restriction on use of certain words and expressions); or
	(b)	a company that is a friendly society under the Life Insurance Act 1995 (Cwlth), section 16C (What is a friendly society?); or
	(c)	a company or society formed or incorporated under an Act before 5 June 2003; or
Note	5 June 2003 is the day the Cooperatives Act 2002 commenced.
	(d)	allowed under an Act to use any of the following words in its name:
	(i)	‘co‑operative’;
	(ii)	‘co‑op’;
	(iii)	‘cooperative’;
	(iv)	‘coop’; or
	(e)	exempted, in writing, by the Registrar from the operation of the Co‑operatives National Law (ACT), section 225 (1).
8	Application for transfer—the Law, s 403 (b)
For the Co‑operatives National Law (ACT), section 403 (b) (Application for transfer) the following legislation is prescribed:
	(a)	the Associations Incorporation Act 1991;
	(b)	the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);
	(c)	any legislation of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.
9	Procedures regarding giving of exemptions—the Law, s 621
For the Co‑operatives National Law (ACT), section 621 (Procedures regarding giving of exemptions) an application for an exemption must be made—
	(a)	in writing; and
	(b)	a reasonable time before the event, or the occurrence of the matter, for which the exemption is sought.
10	Co‑operatives may continue to operate under old rules
	(1)	A co‑operative may continue to operate under the rules applying to the co‑operative that were in force immediately before the commencement of the Act, section 3 (the old rules).
	(2)	However, if a co‑operative is operating under the old rules—
	(a)	if there is an inconsistency between a provision of the old rules and a provision of the new law, the provision of the new law prevails; and
	(b)	a reference in the old rules to a requirement in the Cooperatives Act 2002 or the Cooperatives Regulation 2003 (a former requirement) is to be read as a reference to the requirement in the new law that substantially corresponds to the former requirement; and
	(c)	a reference in the old rules to—
	(i)	a trading cooperative is to be read as a reference to a distributing co‑operative; and
	(ii)	a non‑trading cooperative is to be read as a reference to a non‑distributing co‑operative.
	(3)	In this section:
new law means the following:
	(a)	the Act;
	(b)	this regulation;
	(c)	the Co‑operatives National Law (ACT);
	(d)	the Co‑operatives National Regulation (ACT).
11	Prescribed fees
	(1)	The fee payable for a matter stated in an item in schedule 1, column 3 is the amount stated in column 4 for the item.
	(2)	The fee for the matter stated in an item in schedule 1, column 3 is payable to the Territory by the person requesting the matter.

Schedule 1	Prescribed fees
(see s 11)

column 1
item	column 2
section	column 3
matter	column 4
fee ($)	
1 	26 (1) (b) (ii)	application for registration of a proposed co‑operative	164	
2 	31 (b) (ii)	application for registration of existing corporation	164	
3 	37 (b) (ii)	issue of duplicate certificate	41	
4 	222 (e)	application to use an abbreviation or elaboration of the name of a co‑operative	78	
5 	243 (2) (c) (ii)	filing fee for registration of each special resolution	41	
6 	601 (1) (a)	inspection of register of co‑operatives	24	
7 	609 (1)	application to the Registrar to grant an extension or shortening of time limits	78	
Note	GST is not applicable to these fees.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	corporation
·	Co‑operatives National Law (ACT)
·	Co‑operatives National Regulation (ACT)
·	GST
·	person (see s 160).
Note 3	Terms used in this regulation have the same meaning that they have in the Co‑operatives National Law (ACT) Act 2017 (see Legislation Act, s 148). For example, the following term is defined in the Co‑operatives National Law (ACT) Act 2017, s 9:
·	Registrar.

Endnotes
1	Notification
	Notified under the Legislation Act on 28 April 2017.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017