Part 15 Administration of this Act
(cf Vic Act s 429)
(1) Subject to this Act, the Registrar is responsible for the general administration of this Act.(2) The Registrar has the functions that are conferred on the Registrar by or under this Act.(3) The Registrar must have a seal of office.(4) The Registrar may enter into any arrangements or agreements with any person or body to act as the agent of the Registrar in the carrying out of his or her functions.
(cf Vic Act s 432)
(1) There is established a Register of Co-operatives for the purposes of this Act.(2) The Registrar must record in the Register those documents relating to co-operatives and proposed co-operatives lodged with the Registrar which the Minister requires by order published in the Gazette to be recorded in the Register.
(cf Vic Act s 433)
(1) The Registrar must keep the Register of Co-operatives and such other registers as the Registrar considers necessary or desirable for the purposes of this Act.(2) Subject to section 410, a register must be kept in the form and contain the particulars that the Registrar thinks fit.(3) Subject to section 413, any document lodged with, furnished to or registered by the Registrar under this Act must be kept in the office of the Registrar.
(1) The Registrar may delegate to any person any of the Registrar’s functions except this power of delegation.(2) A delegate may subdelegate to another person any function delegated under this section if the delegate is authorised by the terms of the delegation to do so.
(1) This section applies to any provision of this Act which imposes a requirement for the Registrar’s approval of any action or thing.(2) The Registrar may indicate in writing to an applicant for such an approval that the approval is to be considered to have been granted at the end of a specified period unless the Registrar informs the applicant in writing within that period that the approval has not been granted or is still being considered.
413 Disposal of records by Registrar
(cf Vic Act s 434)
The Registrar may, if in the opinion of the Registrar it is no longer necessary or desirable to retain them, destroy or dispose of any of the following:(a) any annual return or balance-sheet lodged more than 7 years ago,(b) any document creating or evidencing a charge, or the complete or partial satisfaction of a charge, if a memorandum of satisfaction of the charge was registered more than 7 years ago,(c) any other document (except the rules or any document affecting the rules of a co-operative) that was lodged, furnished or registered more than 15 years ago,(d) any document lodged, furnished or registered in relation to a co-operative that was deregistered or ceased to be registered more than 15 years ago,(e) any document a transparency or electronic image of which has been incorporated with a register kept by the Registrar or is otherwise kept in the office of the Registrar.
(cf Vic Act s 435)
(1) A person may:(a) inspect the Register on payment of the fee (if any) prescribed by the regulations, and(b) inspect documents prescribed by the regulations or documents of a class prescribed by the regulations kept by the Registrar relating to a co-operative on payment of the fee (if any) prescribed by the regulations, and(c) obtain, on payment of the fee prescribed by the regulations, a certified copy of a document that the person may inspect under paragraph (b).(2) If a reproduction or transparency of a document or an extract of information contained in a document and recorded in the Register is produced for inspection, a person is not entitled under subsection (1) to require the production of the original of that document.
(cf Vic Act s 437)
A document is not to be taken to have been lodged under this Act or the regulations unless:(a) all information required to be provided in or with the document is provided, and(b) the fee (if any) prescribed by the regulations has been paid.
(cf Vic Act s 438)
(1) Subject to section 413B, it is sufficient compliance with a requirement under this Act or the regulations that a document be lodged with the Registrar if the Registrar receives a copy of the document by facsimile or electronic transmission.(2) If the Registrar receives from a person a copy of a document under subsection (1), the Registrar may require that person to produce and lodge the original within the time specified by the Registrar.(3) If the person does not comply with a requirement of the Registrar within the specified time, the person is to be taken not to have lodged the document.
413D Power of Registrar to refuse to register or reject documents
(cf Vic Act s 439)
(1) The Registrar may refuse to register or may reject a document submitted to the Registrar if the Registrar considers that the document:(a) contains matter contrary to law, or(b) contains matter, that in a material particular, is false or misleading in the form or context in which it is included, or(c) by reason of an omission or misdescription, has not been duly completed, or(d) does not comply with the requirements of this Act, or(e) contains any error, alteration or erasure.(2) If the Registrar refuses to register or rejects a document under subsection (1), the Registrar may request:(a) that the document be appropriately amended, or(b) that a fresh document be submitted in its place, or(c) if the document has not been duly completed, that a supplementary document in the form approved by the Registrar be submitted.
(1) There is constituted by this Act a Co-operatives Council.(2) The Council is to consist of 9 members appointed by the Minister.(3) Of the 9 members, 4 are to be persons chosen by the Minister from among persons nominated as provided in section 415.(4) In making appointments to the Council, the Minister is to have regard to the desirability of achieving in the composition of the Council an appropriate diversity of backgrounds, qualifications, experience and interests in the co-operative sector and an appropriate diversity of representation of various types and sizes of co-operatives.(5) Schedule 5 has effect with respect to the members and procedure of the Council.
(1) For the purpose of receiving nominations for appointment to the Council, the Minister is to invite nominations from every co-operative.(2) Each co-operative is entitled to nominate a maximum of 3 persons.(3) Nominations are to be in writing and must be accompanied by such information as the Minister may request in relation to the persons nominated.(4) If insufficient nominations are made within a reasonable time after the Minister’s invitation is made, the Minister may appoint persons of the Minister’s own choice.
416 Minister and Registrar may attend meetings
(1) The Registrar is entitled to attend and preside at meetings of the Council and is entitled to appoint any person to attend and preside at those meetings as the Registrar’s nominee.(2) The Minister is entitled to attend meetings of the Council and is entitled to appoint a person to attend those meetings as the Minister’s nominee.(3) Neither the Registrar nor the Minister, nor a person attending as the nominee of either of them, has a deliberative vote at a meeting of the Council but the Registrar (or his or her nominee) when presiding at a meeting of the Council has a casting vote in the event of an equality of votes.
The Council has the following functions:(a) to encourage the development and integration of the co-operative sector,(b) to advise and make recommendations to the Minister on the following matters:• any action to be taken for promoting co-operative principles and for encouraging and assisting in the formation of co-operatives• policies for the administration of this Act and the regulations• the regulations to be made under this Act• such other matters as may be referred to the Council by the Minister or as may be prescribed,(c) such other functions as may be conferred or imposed on the Council by or under this Act.
418 Delegation by Council to Registrar
(1) The Council may delegate to the Registrar any of the Council’s functions except this power of delegation.(2) The Registrar may subdelegate to an officer of the Public Service any function delegated under this section if the Registrar is authorised by the terms of the delegation to do so.
419 Appeal to Court from decision of Council
A person aggrieved by a decision of the Council under this Act may appeal against the decision to the Court in accordance with rules of court.
420 Certificate of incorporation
(1) A certificate of incorporation of a co-operative issued under this Act is conclusive evidence that the co-operative is incorporated under this Act and that all the requirements of this Act in respect of registration have been complied with.(2) This section does not affect any provisions of this Act for the winding up or deregistration of the co-operative or the cancellation of its registration.
(cf Vic Act s 441)
(1) If a function under this Act is conferred or imposed on the Registrar as a consequence of something being done or omitted to be done within a specified period, the Registrar may certify:(a) that the thing had or had not been done within that period, or(b) that the thing had or had not been done by a specified date.(1A) The Registrar may issue a certificate stating that a requirement of this Act specified in the certificate:(a) had, or had not, been complied with at a date or within a period specified in the certificate, or(b) had been complied with at a date specified in the certificate but not before that date.(1B) The Registrar may issue a certificate stating that on a date specified in the certificate a body specified in the certificate was not or had ceased to be registered as a co-operative under this Act.(2) Such a certificate given by the Registrar is evidence of the matters stated in the certificate.
422 Orders etc published in the Gazette
A copy of an order, notice, exemption or other instrument published in the Gazette purporting to have been given or issued under this Act or the regulations is evidence of the giving or issuing of the order, notice, exemption or other instrument of which it purports to be a copy.
423 Records kept by co-operatives
(1) A record kept by a co-operative under a requirement of this Act is admissible in evidence in any proceedings and is evidence of any matter stated or recorded in the record.(2) A document purporting to be a record kept by a co-operative is, unless the contrary is proved, to be considered to be a record kept by the co-operative under a requirement of this Act.(3) A copy of any entry in a record regularly kept by a co-operative in the course of its business is, if verified by statutory declaration of the secretary to be a true copy of the entry, to be received in evidence in any case where and to the same extent as the original entry itself is admissible.
(1) Every entry in the minutes purporting to be a minute of the business transacted at a meeting of a co-operative or of the board, and purporting to have been signed by the chairperson at a subsequent meeting, is evidence that the business as therein recorded was transacted at the meeting and that the meeting was duly convened and held.(2) An entry in the minutes of a meeting of a co-operative to the effect that a resolution was carried or carried unanimously, or was lost, is evidence of the fact without proof of the number or proportion of votes recorded for or against the resolution.
(1) A certificate of incorporation given by the Registrar is to be received in evidence as if it were the original certificate.(2) A certificate of registration or other official document relating to a co-operative signed by or bearing the seal of the Registrar is to be received in evidence without further proof.(3) Rules certified by the Registrar to be a true copy of the rules of a co-operative is evidence of the registered rules of the co-operative.
426 The Registrar and proceedings
(cf Vic Act s 446)
(1) Judicial notice is to be taken of the signature and seal of any person who holds or has held the office of Registrar, if the signature or seal purports to be attached to any certificate or other official document.(2) This section extends to any copy of the rules of a co-operative certified by the Registrar to be a true copy of its registered rules.(3) In any proceedings, no proof is required (until evidence is given to the contrary) of the appointment of the Registrar or any former Registrar.
A printed copy of the rules of a co-operative verified by statutory declaration of the secretary of the co-operative to be a true copy of its registered rules is in any proceedings evidence of the rules, in the absence of evidence to the contrary.
The register of directors, members and shares of a co-operative is evidence of the particulars directed or authorised by or under this Act to be inserted in the register.