1 Name of Act
2 Commencement
3 Definitions
4 Interpretation—meaning of “associate”
5 Interpretation—meaning of “director”
5A Interpretation—meaning of “economic entity” and “entity”
6 Interpretation—reference to a holding body corporate
7 Interpretation—meaning of “holding society”
8 Interpretation—meaning of “making a decision”
9 Interpretation—meaning of “officer”
10 Interpretation—meaning of “related body corporate”
11 Interpretation—meaning of “subsidiary”
12 Interpretation—when one entity controls another
13 Services corporations
14 Act binds the Crown
Division 4 Application of Corporations Act to co-operative housing bodies
15 Definition
16 Excluded matter
17 Applying the Corporations legislation to co-operative housing bodies
18 (Repealed)
Part 2 Functions and powers of Registrar
19 Functions of Registrar
20 General powers
21 Application of variation under standards
22 (Repealed)
23 Inspection of documents
24 Power of Registrar to reject documents, etc
25 Extension or abridgment of time
26 Review of Registrar decisions
27 Review by ADT of Registrar decisions
Subdivision 1 Enforcement powers
28 Obtaining information etc
29 Obtaining evidence
30 Inspectors
31 Inspector to produce identification
32 Entry and search—monitoring compliance
33 Entry and search—evidence of offences
34 General powers of inspector in relation to places
35 Monitoring warrants
36 Offence related warrants
37 Offence related warrant may be granted by telephone
38 Obstruction etc of inspectors
39 False or misleading statements
Subdivision 2 Special meeting and inquiry
40 Special meeting and inquiry
Subdivision 3 Special power of intervention
41 Intervention by Registrar
Subdivision 4 Power to suspend operations of society
42 Power to suspend operations
43 Appointment of administrator
44 Additional powers of Registrar
45 Stay of proceedings
46 Administrator to report to Registrar
Subdivision 6 Advertising by co-operative housing bodies
47 Power to control advertising
Division 3 Exercise of functions and powers of Registrar
47A Exercise of functions and powers of Registrar
47B Delegation by Registrar
Division 1 Formation and registration
48 Co-operative housing societies and Starr-Bowkett societies
49 Formation of co-operative housing and Starr-Bowkett societies
50 Registration
51 Certificate of incorporation
52 Effect of incorporation
53 Powers of societies
54 Restrictions on subscriptions and deposits—co-operative housing societies
55 Restrictions on borrowings by co-operative housing societies
56 Prohibition on foreign borrowings by co-operative housing societies
57 Restrictions on borrowings by Starr-Bowkett societies
58 Protection of lenders
59 Treasurer’s indemnity for loans by co-operative housing society
60 Treasurer’s guarantee for co-operative housing society loans
61 Rules
62 Model rules
63 Copies of rules
64 Society and members to be bound by rules
65 Alteration of rules by special resolution
66 Alteration of rules by board of directors
67 Registration of alteration of rules
68 Power of Registrar to require modification of rules
69 Power of Registrar to modify rules to facilitate transfer of engagements
70 Members
71 Shares
72 Members who are minors
73 Joint members
74 Corporate membership
75 Cessation of membership
76 Expulsion of member
77 Liability of members
78 Fees and charges
79 Fines payable by members
80 Registration of name and change of name
81 Requirements for and restrictions on names
82 Abbreviations etc of name
83 Change of name does not affect identity
84 Use of words “co-operative housing society” or “Starr-Bowkett”
85 Publication of name
86 Seal
87 Registered office
Division 6 Registration of charges
88 Registration of charges
Division 1 Directors and officers
89 Interpretation
90 Board of directors
91 Meetings
92 Number of directors
93 Election or appointment of directors
94 Employee directors
95 Alternate directors
96 Chairperson
97 Qualifications of directors
98 Vacation of office
99 Removal of directors
100 Declaration of interest
101 General duty to make disclosure
102 Certain financial accommodation to officers prohibited
103 Financial accommodation to directors and associates
104 Directors’ remuneration
105 Management contracts
106 Duties of directors and officers
107 Prohibition on transfer of money
108 Unlawfully acting as director
109 Annual general meeting
110 Special general meeting
111 Quorum
112 Notice of meeting
113 Voting
114 Proxy votes
115 Special resolutions
116 Minutes
Division 3 Registers and inspection
117 Registers
118 Register of directors
119 Register of members
120 Inspection
121 Location of registers on computers
122 Form and evidentiary value of registers
123 Financial year of co-operative housing society
124 Financial year of Starr-Bowkett society
125 Financial year of association
126 Accounting records to be kept
127 Inspection of accounting records
128 Profit and loss account and balance sheet
129 Group accounts
130 Audit
131 Directors to ascertain certain matters
132 Requirements applying to accounts and group accounts
133 Directors’ statement
134 Directors’ reports
135 Accounts and reports to be laid before annual general meeting
136 Contravention of Division
137 Qualifications of auditors
138 Appointment of auditors
139 Nomination of auditors
140 Removal and resignation of auditors
141 Effect of winding-up on office of auditor
142 Fees and expenses of auditors
143 Auditor’s report
144 Powers and duties of auditor
145 Final audit on merger etc
146 Obstruction of auditor
147 Qualified privilege
148 Returns
149 Relief from requirements as to accounts and audit
Part 5 Mergers and transfers of engagements
150 Definitions
151 Part applies only to co-operative housing societies and associations
Division 2 Mergers and transfers of engagements between societies of the same type
152 Interpretation—societies of the same type
153 Application for registration of merger or transfer of engagements between societies of the same type
154 Registrar may register merged society
155 Certificate of confirmation (voluntary transfer)
156 Registrar may direct a transfer of engagements between societies of the same type
157 Society to comply with direction
158 Certificate of confirmation (transfer by direction)
159 Who receives the certificate of confirmation
160 When transfer of engagements takes effect
161 Cancellation of registration after total transfer
162 Effect of merger
163 Effect of transfer of engagements
164–172 (Repealed)
Part 6 External administration
Division 1 Arrangements and reconstructions
173 Schemes of arrangement and reconstruction
Division 2 Receivers and managers
174 Receivers and managers
175 Winding-up
176 Winding-up on certificate of Registrar
177 Application of Corporations Act to winding-up of societies
178 Voluntary winding-up
179 Vacancy in office of liquidator on voluntary winding-up
180 Remuneration of liquidator on voluntary winding-up
181 Cancellation of registration
182 Formation of associations
183 Objects of associations
184 Registration
185 Certificate of incorporation
186 Effect of incorporation
187 Membership
188 Share capital
189 Meetings
190 Application of Act to associations
Part 8 Standards and model rules
191 The Standards Committee
192 Making of standards
193 Making of model rules
194 Procedures before making of standards
195 Urgent standards
196 Application of changed requirements
197 Transitional arrangements
198 Matters for which standards may make provision
199 Publication of standards
Part 9 Evidence, offences and proceedings
200 Certificates etc
201 Rules
202 Registers
203 Minutes
204 Entries
205 Defaults by co-operative housing bodies
206 Restrictions on powers
207 Offences by officers
208 Incurring debts not likely to be paid
209 Powers of Court
210 Inducement to be appointed as liquidator or official manager
211 Falsification of records
212 Frauds by officers
213 False or misleading information
214 Power to examine defaulting officers
215 Power of Court to assess damages against certain persons
216 False copies of rules
217 Fraud or misappropriation
218 Commissions
219 Co-operative housing bodies to comply with standards
220 Officers and other persons in default
221 Proceedings for offences
222 Continuing offences
223 Injunctions
224 Power to grant relief
225 Regulations
226 Repeal of 1923 Act and other Acts and instruments
227 Savings and transitional provisions
228 Amendment of Acts
229 Review of Act
Schedule 1 General interpretative provisions
Schedule 2 Matters to be provided for in rules of co-operative housing societies
Schedule 3 Matters to be provided for in rules of Starr-Bowkett societies
Schedule 4 Provisions relating to the constitution and procedure of the Standards Committee