Version No.

092
Co-operative Housing Societies Act 1958
No. 6226 of 1958
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

Section Page
1 Short title and commencement 6
2 Repeal Schedule 6
3 Definitions 7
3A Construction of references to Commission 15

PART I—GENERAL 16
4 Formation and registration of co-operative housing societies 16
4A Societies excluded from Corporations legislation 16
5 Objects of society 17
6 Power of society to raise money on loan 18

PART II—INCORPORATION OF SOCIETIES 19

Division 1—Registration, &c. 19
7 Liability and membership 19
8 Formation and registration of society 20
9 As to names of societies 22
10 Certificate of incorporation as evidence 24
Division 2—Mergers and transfers of engagements 24
11 Application for merger or transfer of engagements between
societies 25
12 Registrar may register merged society 27
13 Certificate confirming transfer of engagements between
societies 28
14 Registrar may direct a transfer of engagements between
societies 29
15 Society to comply with direction 30
16 Day on which transfer of engagements takes effect 30
17 Effect of merger 31
18 Effect of transfer of engagements 32
18A References to documents 32
19–23 Repealed 32

1
Division 3—Members and Funds 33
24 Members of societies 33
25 Capital and shares 35
26 Liability of members 36
27 Cancellation of shares 39
28 Society's charge on shares 39
29 Payment of sum due on unadvanced shares without probate 40
Division 4—Privileges, powers, and duties 41
30 Society to be a body corporate 41
31 Exemption from fees 41
32 Acquisition of property 41
33 Raising loans 41
33A Society may act as trustee or agent 46
34 As to advances by societies 46
35 Contracts by society 49
36 As to name and address of society 49
37 Service of documents on society 50
38 Effect of rules 50
39 Registers and accounts 50
40 Inspection of registers etc. 51
41 Returns 51
42 Charges 52
43 No voting by proxy 53
44 Special resolution 53
Division 5—Quarterly returns and reports 54
44A Quarterly returns by society 54
44B Auditor to submit report 55
Division 6—Directions of Registrar 56
44C Intervention by the Registrar 56
Division 7—Supervision levy 58
44CA Industry Supervision Fund 58
44D Supervision levy 58

PART III—RULES, MANAGEMENT, &c. 61

Division 1—Rules 61
45 Model rules 61
46 Rules of a society 61
47 Alteration of rules 64

2
Division 2—Management 65
48 Board of directors 65
49 Appointment of director by Treasurer in certain cases 68
49A Appointment of administrator 69
50 Annual meeting 73
51 Voting by members 73
52 Minutes 74
53 Officers 74
54 Certain dealings by directors prohibited 74
55 Dismissal of director after inquiry in certain cases 75
56 Audit 77
57 Financial year 78
Division 3—Valuations 79
58 Valuations of property to be made by sworn valuators 79
Division 4—Winding up, &c. 80
59 Winding up voluntarily or by court 80
60 Liability of members and past members in winding up 85
61 Repealed 82

PART IV—ADMINISTRATION 87
Division 1—Registry 87
62 Employment of Registrar 87
62A Registrar's functions 87
62B Delegation by Registrar 87
63 Documents to be kept in office of registrar 88
64 Payments to be made for giving of information 88
65 Power to registrar to require evidence 88
66 Inspection of books 88
67 Special general meeting or inquiry 89
68 Inquiry by registrar or inspector 90
69 Powers of registrar or inspector upon inquiry 91
70 Public office of Registrar and inspection of documents 91
70A Power of Registrar to reject documents etc. 92
71 Repealed 93
Division 1A—Examiners 93
71A Appointment of examiners 93
71B Powers of examiners 93
71C Offences in relation to examiners 95
Division 2—Co-operative Housing Societies Advisory Committee 95

3
 72 The Committee 96
72A Functions of Committee 98
Division 3—General 98
72B Secrecy 98

PART IVA—Repealed 98

PART V—GOVERNMENT GUARANTEES AND INDEMNITIES

103
Division 1—Guarantees 103
73 Treasurer's guarantees 103
74 Provisions relating to guarantees 104
75 Aggregate liability under guarantees 105
75A Execution of guarantees and entering into of agreements 106
Division 2—Indemnities 107
76 Treasurer's indemnity against loss 107
77 Aggregate liability under indemnities 108
77A Entering into of agreements 109

PART VI—MISCELLANEOUS 110

Division 1—Evidence 110
78 Certificates 110
79 Rules 110
80 Registers 110
81 Minutes 111
82 Entries in books 111
83 Saving 111
Division 2—Offences 111
84 Failure to display name, keep rules, give returns or
information 111
85 Acting as director after office vacated 112
86 Carrying on unlawful business 113
87 Carrying on business with too few members 113
88 Using wrong name 113
89 Improper sealing 114
90 Taking money before registration 114
91 False copies of rules 114
92 False entries 115
93 Imposition and misapplication of moneys 115
94 Improper commissions 115
95 General penalties 116

4
 96 Recovery of fines, penalties 116
97 Civil remedies in case of contravention 116

Division 3—Regulations 117

98 Regulations 117
__________________

SCHEDULE—Repeal 118
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

ENDNOTES 119
1. General Information 119
2. Table of Amendments 120
3. Explanatory Details 129

5
 Version No. 092
Co-operative Housing Societies Act 1958
No. 6226 of 1958

Version incorporating amendments as at 1 January 2010

An Act to consolidate the Law relating to the Formation

Registration and Management of Co-operative Housing
Societies and the Making by the Treasurer of Victoria of Certain
Guarantees and Indemnities in connexion with such Societies,
and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by

and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):

1 Short title and commencement S. 1

amended by
Nos 8206
This Act may be cited as the Co-operative s. 14(2), 9776
Housing Societies Act 1958, and shall come into s. 2(a), 10020
s. 3(1), 10254
operation on a day to be fixed by proclamation of s. 43(d),
the Governor in Council published in the 36/1990
s. 19(a).
Government Gazette.
2 Repeal Schedule
(1) The Act mentioned in the Schedule to the extent
thereby expressed to be repealed is hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under the repealed
Act or existing or continuing under such Act
immediately before the commencement of
this Act shall under and subject to this Act

6
 s. 3

continue to have the same status operation

and effect as they respectively would have
had if such Act had not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph such
repeal shall not disturb the continuity of
status operation or effect of any rule
regulation report notice requirement order
fee application registration alteration of rules
amalgamation statement election certificate
transfer charge acquisition loan advance
mortgage agreement return security
valuation recommendation guarantee
indemnity proceeding penalty liability or
right made issued given paid accrued
incurred or acquired or existing or
continuing by or under such repealed Act
before the commencement of this Act, nor
shall such repeal affect the operation or
effect of subsection (3) or subsection (4) of
section two or of subsection (2) of section
four of the Co-operative Housing Societies
Act 1949, or of subsection (8) of section
eighty-three of the Co-operation Act 1953.
No. 6138 s. 3. 3 Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
S. 3(1) def. of authorised deposit-taking institution has the same
authorised
deposit- meaning as in the Banking Act 1959 of the
taking Commonwealth;
institution
inserted by
No. 11/2001
s. 3(Sch.
item 15.1).

board means the board of directors of a society;

S. 3(1) def. of * * * * *
Commission
inserted by
No. 48/1992
s. 94(1),
repealed by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7
1(a)).
 s. 3

co-operative housing society means a society of S. 3(1) def. of

co-operative
persons— housing
society
(a) which is formed for all or any of the amended by
No. 8786
objects referred to in section five of this s. 2(a).
Act;
(b) which has under its rules a share capital
divided into equal shares of one or
more classes and not being preferential
shares; and
(c) which under its rules is to terminate on
a specified date or when a specified
object is attained or a specified event
occurs—
but does not include a Starr-Bowkett society,
that is to say, a society in which the order of
advances to members is determined either
solely or partly by the drawing of lots;
* * * * * S. 3(1) def. of
Council
inserted by
No. 36/1990
s. 12,
repealed by
No. 48/1992
s. 104(a).

domestic partner of a person means— S. 3(1)

def. of
domestic
(a) a person who is in a registered partner
relationship with the person; or inserted by
No. 27/2001
(b) an adult person to whom the person is s. 8(Sch. 6
item 1.1.),
not married but with whom the person substituted b
y No. 12/2008
s. 73(1)(Sch.
1 item 10.1).
8
 s. 3

is in a relationship as a couple where

one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person—
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);
officer, in relation to a society, includes director,
secretary, or other person empowered under
the rules to act or give directions in regard to
the business of the society;
Part means Part of this Act;
S. 3(1) def. of preferential shares includes any shares or classes
preferential
shares of shares in a society (by whatever name
inserted by they may be described) entitled—
No. 8786
s. 2(b).
(a) to a fixed rate of dividend;
(b) to any other right to participate in the
profits or assets of the society; or

(c) to any other rights whatsoever—

in preference to any other shares or class of
shares in that society or to any of the rights
attaching thereto or which entitle the holders
to any other preference whatsoever in respect
of the payment of dividends, interest, rebates

9
 s. 3

or bonuses or upon the winding up or

dissolution of the society or otherwise;
prescribed means prescribed by this Act or the
regulations or (where the case so requires) by
the rules;
Registrar means the Registrar of Co-operative S. 3(1) def. of
Registrar
Housing Societies referred to in section 62; substituted by
Nos 48/1992
s. 94(2),
37/1999
s. 58(Sch. 2
Pt 1 item
1(b)).

regulations means regulations made under this

Act;
rules means rules of a society for the time being
in force;
society means co-operative housing society;
spouse of a person means a person to whom the S. 3(1) def. of
spouse
person is married; inserted by
No. 27/2001
s. 8(Sch. 6
item 1.1).

valuator means a person who holds the S. 3(1) def. of

valuator
qualifications or experience specified under inserted by
section 13DA(1A) of the Valuation of Land No. 7575 s. 2,
substituted by
Act 1960. Nos 8405
s. 7(a),
91/1994
s. 36(2)(a).

(2) In this Act—

(a) any reference to land or freehold property
shall be deemed to include a reference to a
residence area within the meaning of the
Land Act 1958;

10
 s. 3

(b) any reference to the ownership of land or

freehold property or to the owner thereof
shall be deemed to include a reference to the
right to occupy such a residence area or
(as the case may be) to the holder of such a
right;
(c) any reference to a mortgage of land or
freehold property shall be deemed to include
a reference to an encumbrance, by way of
security, of the right to occupy such a
residence area; and
(d) any reference to the registration of a
mortgage of land or freehold property shall
be deemed to include a reference to the
registration, pursuant to regulations made
under the said Act, of an encumbrance of the
right to occupy such a residence area:
S. 3(2) Provided that, in the making of a valuation of a
Proviso
amended by residence area for any of the purposes of this Act,
No. 29/2006 regard shall be had—
s. 3(Sch. 1
item 6.1).
(i) to the limited nature of the tenure of such
residence area as provided in the said Act;
(ii) to the restrictions imposed by or under the
said Act upon the occupation and user
thereof; and
(iii) to the fact that under the said Act the holder
of the right to occupy such area may become
the owner in fee simple of the land
comprised therein only upon compliance
with the conditions provided in the said Act
including the payment of a purchase price of
such land to be determined by the Minister
administering Division 11 of Part 1 of the
Land Act 1958.
(3) In this Act—
(a) any reference to land or freehold property

11
 s. 3

shall be deemed to include a reference to a

licence to occupy land for residence
purposes granted pursuant to section one
hundred and thirty-eight of the Land Act
1958;
(b) any reference to the ownership of land or
freehold property or to the owner thereof
shall be deemed to include a reference to the
right granted by such a licence or (as the case
may be) the holder of such a licence;
(c) any reference to a mortgage of land or
freehold property shall be deemed to include
a reference to a lien, by way of security, on
the improvements upon any land in respect
of which such a licence is in force; and
(d) any reference to the registration of a
mortgage of land or freehold property shall
be deemed to include a reference to the
registration, pursuant to regulations made
under the said Act, of a lien on
improvements as referred to in paragraph (c)
of this subsection:
Provided that in the making of a valuation of such S. 3(3)
Proviso
a licence as aforesaid for any of the purposes of amended by
this Act, regard shall be had— No. 29/2006
s. 3(Sch. 1
item 6.2).
(i) to the limited nature of the right granted by
such licence as provided in the said Act;
(ii) to any restrictions imposed by or under the
said Act upon the occupation and user of the
land to which the licence relates; and
(iii) to the fact that under the said Act the holder
of the licence may purchase the land to
which the licence relates only in accordance
with the provisions of the said Act and at a
price to be determined by the Minister
administering section 138 of the Land Act

12
s. 3

1958.
(4) In this Act and in any regulation made thereunder
(whether before or after the commencement of
this Act) and in the rules of every society (whether
registered before or after the said commencement)
any reference, however expressed, to the erection
of a dwelling-house on any land shall be deemed
to include and always to have included a reference
to—
(a) the constructing forming levelling draining
paving flagging macadamizing or otherwise
making good of any portion or portions of
the streets or roads abutting upon the land
upon which the dwelling-house is or will be
erected;
(b) the curbing flagging paving or asphalting of
any portion or portions of the footways or
pathways abutting upon any such land;
(c) the supplying installing and connecting of
sewerage fittings and connexions to the
dwelling-house;
(d) the provision of drainage for the land
(whether or not wholly upon the land);
(e) the completing of the erection of the
dwelling-house notwithstanding that the
foundations footings framework or other
portions thereof had already been
constructed or commenced; and

(f) the adding of one or more rooms out-

buildings or other permanent improvements
to a dwelling-house in respect of which an
advance had previously been made by the
society in question—
and any reference, however expressed, in this Act

13
 s. 3

or in any rules registered or regulations made

thereunder after the commencement of the
Co-operative Housing Societies Act 1948 to the
making of an advance for the purchase of any land
on which a dwelling-house is situated shall be
deemed to include a reference to the making of an
advance or any part of an advance for the carrying
out of all or any of the acts matters and things
referred to in paragraphs (a) to (f) of this
subsection in relation to the land and house
purchased.
(5) In this Act— S. 3(5)
inserted by
No. 6457 s. 2
(as amended
by No. 6489
s. 4(Sch.
item 18(b)).

(a) any reference to the purchase of land on S. 3(5)(a)

substituted by
which is situated a dwelling-house shall, No. 7551
without limiting the generality of that s. 47,
amended by
expression, include a reference to the No. 53/1988
purchase of a stratum estate within the s. 45(Sch. 3
item 6) (as
meaning of the Transfer of Land Act 1958 amended by
or a lot on a registered plan of subdivision No. 47/1989
s. 23(2)).
within the meaning of the Subdivision Act
1988, being a residential flat (hereinafter
called a stratum estate);
(b) any reference to the making of advances S. 3(5)(b)
amended by
upon the security of freehold property shall No. 7097
include a reference to the making of an s. 2(a).

advance upon the security of a mortgage of a

stratum estate.
(6) For the purposes of the definition of domestic S. 3(6)
inserted by
partner in section 3(1)— No. 6457 s. 2,
repealed by
(a) registered relationship has the same No. 7097
s. 2(b), new
meaning as in the Relationships Act 2008; s. 3(6)
and inserted by
No. 27/2001
s. 8(Sch. 6
item 1.2),
substituted b
y No. 12/2008
14 s. 73(1)(Sch.
1 item 10.2).
 s. 3 s. 3A

(b) in determining whether persons who are not

in a registered relationship are domestic
partners of each other, all the circumstances
of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
in a particular case; and
(c) a person is not a domestic partner of another
person only because they are co-tenants.
S. 3(7) * * * * *
inserted by
No. 6457 s. 2,
amended by
No. 6821 s. 2,
repealed by
No. 7097
s. 2(b).

S. 3(8) (8) A society may make an advance upon the security

inserted by
No. 6457 s. 2, of a mortgage on a stratum estate notwithstanding
amended by that a charge to the service company takes priority
No. 7097
s. 2(c)(i)(ii). over that mortgage and notwithstanding any
provision of this Act or of the rules of the society
to the contrary.
S. 3(9) (9) In subsection (5) of this section residential flat
inserted by
No. 6457 s. 2, means a part or parts of a building which part or
amended by parts is or are designed and intended for use as a
No. 7097
s. 2(d). separate dwelling-house for a single family unit
and the appurtenance thereto.
S. 3A 3A Construction of references to Commission
inserted by
No. 48/1992
s. 94(3),
A reference in this Act or the Regulations or in
substituted by any instrument made for the purposes of this Act
No. 37/1999
s. 58(Sch. 2
to the Victorian Financial Institutions Commission
Pt 1 item 2). is to be construed as a reference to the Registrar,
unless a contrary intention appears.
_______________

15
 s. 4

PART I—GENERAL

4 Formation and registration of co-operative housing No. 6138 s. 4.

societies
(1) No co-operative housing society shall carry on
business unless it is formed and registered under
this Act.
* * * * * S. 4(2)
amended by
Nos 6455
s. 2(Sch. 1
Pt 3(e)), 6839
s. 4(Sch. 1
Pt 3(e)), 9699
s. 23, 48/1992
s. 95(a),
repealed by
No. 44/2001
s. 3(Sch.
item 19.1).

* * * * * S. 4(3)
inserted by
No. 9699
s. 22,
repealed by
No. 44/2001
s. 3(Sch.
item 19.1).

4A Societies excluded from Corporations legislation S. 4A

inserted by
No. 44/2001
The following matters are declared to be excluded s. 3(Sch.
matters for the purposes of section 5F of the item 19.2).
Corporations Act in relation to the whole of the
Corporations legislation—
(a) a co-operative housing society;
(b) securities of a co-operative housing society.
Note
This section ensures that neither the Corporations Act nor
Part 3 of the ASIC Act will apply in relation to a co-
operative housing society or securities of a co-operative
housing society. Section 5F of the Corporations Act
provides that if a State law declares a matter to be an
excluded matter in relation to the whole of the Corporations

16
 s. 5

legislation, then that legislation will not apply in relation to

that matter in the State concerned. However, other
provisions of this Act apply certain provisions of the
Corporations legislation to co-operative housing societies as
laws of this State.
No. 6138 s. 5. 5 Objects of society
(1) A co-operative housing society may be formed for
all or any of the following objects—
(a) to enable each of its members—
(i) to purchase land and to erect a
dwelling-house thereon; or
(ii) to erect a dwelling-house on land
already owned by him; or
S. 5(1)(a)(iia) (iia) to erect a dwelling-house on Crown
inserted by
No. 8978 land leased by him for a term of not
s. 2(1). less than 50 years being Crown land
within an area approved by the
Governor in Council for the purposes of
this Act;
S. 5(1)(a)(iii) (iii) subject to section thirty-four of this Act
substituted by
No. 7097 to purchase land upon which is situated
s. 3(a), a dwelling-house; or
amended by
No. 7332
s. 2(Sch. 1
item 14).

S. 5(1)(a)(iiia) (iiia) to maintain and keep in proper repair

inserted by
No. 6821 his dwelling-house; or
s. 3(b),
amended by
No. 7332
s. 2(Sch. 1
item 15).

(iv) where the approval of the Governor

in Council given after consideration of
a report by the registrar is first obtained
—to discharge a mortgage held by
another society upon any land; or

17
 s. 6

(v) to discharge a mortgage or any other S. 5(1)(a)(v)

charge or security over or affecting any amended by
No. 7097
land which mortgage charge or security s. 3(b).
was granted or executed by the member
in question in anticipation of the
society's making an advance to him and
with the approval of the registrar to the
making of the advance; and
(b) for all or any of those purposes to make S. 5(1)(b)
amended by
advances to its members upon the security of No. 8978
freehold property or a lease for a term of not s. 2(2).

less than 50 years of Crown land within an

area approved by the Governor in Council
for the purposes of this Act.
(2) In this section purchase includes the completion S. 5(2)
amended by
of a purchase under an existing contract of sale No. 7097
and the discharge of a mortgage within the s. 3(c).

meaning of the Sale of Land Act 1962, given to a

vendor or other person pursuant to the provisions
of section four of that Act.
6 Power of society to raise money on loan No. 6138 s. 6.
S. 6
(1) A society may, subject to this Act and its rules, amended by
Nos 36/1990
raise money on loan or in accordance with section s. 14(1),
33(1A) for the objects of the society. 37/1999
s. 58(Sch. 2
Pt 2 item 1)
(ILA
s. 39B(1)).

(2) Subsection (1) does not apply to section 33(1B), S. 6(2)

inserted by
(1C) or (1D). No. 37/1999
s. 58(Sch. 2
Pt 2 item 1).

_______________

18
 s. 7

PART II—INCORPORATION OF SOCIETIES

Division 1—Registration, &c.

No. 6138 s. 7. 7 Liability and membership
S. 7
amended by (1) A society shall be formed with limited liability.
No. 6909 s. 2.
(2) Unless otherwise provided by the rules, any
person who is not under the age of sixteen years
shall subject to this Act be eligible to be a member
of a society.
S. 7(3) (3) A member of a society shall not at any time be
substituted by
No. 9075 entitled on any ground relating to his minority or
s. 5(2). former minority to avoid any of his obligations or
liabilities as a member of the society or under any
mortgage given by him to the society.
(4) No person shall at any one time be a member of
more than one society unless—
(a) before becoming a member of each society
(other than the one of which he is first a
member) he obtains the consent in writing of
the registrar; and
(b) all societies of which he is a member have
the same registered office:
Provided that in the case of a person who was
lawfully a member of two societies before the
commencement of the Co-operative Housing
Societies Act 1950 nothing in this subsection shall
be deemed—
(a) to require any consent of the registrar to his
membership of either such society; or

(b) to render his membership of either such

19
 s. 8

society unlawful:
Provided further that nothing in this subsection S. 7(4)
Further
shall apply to or in respect of any person Proviso
becoming or being registered as the holder of amended by
No. 8298 s. 2.
shares in any society as executor or administrator
of a deceased member or as the trustee within the
meaning of the Commonwealth Act known as the
Bankruptcy Act 1966 as amended from time to
time of the estate of a member or deceased
member.
8 Formation and registration of society No. 6138 s. 8.

(1) A society may be formed by any five or more S. 8(1)

amended by
persons who are not under the age of eighteen Nos 6821
years and who are eligible under this Act and the s. 4(a), 9075
s. 5(2),
rules as later approved and registered to be 36/1990
members of the society. s. 13(a).

(2) No society shall be registered unless there has S. 8(2)

amended by
been a meeting at which there have been present Nos 6821
five or more such persons. s. 4(a),
36/1990
s. 13(a).

(3) At the meeting there shall be presented— S. 8(3)

amended by
No. 6821
(a) a written statement showing the objects of s. 4(b).
the society and the reasons for believing that,
when registered, it will be able to carry out
its objects successfully; and
(b) a copy of the rules which it is proposed to
tender for registration.
* * * * * S. 8(4)
repealed by
No. 6821
s. 4(c).

(5) If at the same or any subsequent or adjourned S. 8(5)

amended by
Nos 6821
s. 4(d),
36/1990
s. 13(a).
20
 s. 8

meeting, after consideration of the statement and

rules, five or more such persons as aforesaid
approve the rules with or without amendment and
sign an application for membership, they shall
proceed to elect the first directors of the society in
accordance with the rules as so approved.
(6) Within two months after the election of directors
an application shall be made in the prescribed
manner to the registrar for the registration of the
society and shall be accompanied by—
(a) a statutory declaration or statutory
declarations by the persons who acted as
chairman and secretary of the meeting as to
compliance with the requirements of this
section;
(b) a copy of the statement presented to the
meeting;
S. 8(6)(c) (c) two copies of the proposed rules signed by
amended by
Nos 6821 not less than five applicants for membership,
s. 4(e), each of whose signatures shall be attested by
36/1990
s. 13(a). a witness;
(d) a list containing the full name and the
occupation and address of each director;
(e) a list containing the full name and the
occupation and address of each applicant for
membership and the number of shares
subscribed for by him; and
(f) such other particulars as are prescribed by
regulation:
Provided that where before the expiration of the
said period of two months a request in writing for
the extension of that period is lodged with the
registrar and the registrar is satisfied that
circumstances beyond the control of the society
have precluded and will preclude the making of
the application for registration within the said

21
 s. 8

period of two months, the registrar may if he

thinks fit by writing extend the period for the
making of the application by such further period
(not exceeding one month) as he thinks proper,
and in any such case the making of the application
within such further period shall be deemed and
taken to be in compliance with the provisions of
this Act.
(7) The statutory declaration or statutory declarations
mentioned in subsection (6) of this section may be
accepted by the registrar as sufficient evidence of
compliance with the requirements of this section.
(8) If the registrar is satisfied that the society has S. 8(8)
amended by
complied with the provisions of this Act and the Nos 8339
regulations, that the proposed rules of the society s. 2(1)(Sch. 2
item 2(i)),
are not contrary to this Act or to the regulations 36/1990
and are suitable and sufficient for the purposes of s. 13(b).

the society, and that there are reasonable grounds

for believing that the society will be able to carry
out its objects successfully, the registrar may
register the society and its rules and issue a
certificate in the prescribed form to the effect that
the society is incorporated under this Act.
(9) The expenses of and incidental to the formation of
the society may be paid either out of capital or out
of income.

9 As to names of societies No. 6138 s. 9.

22
 s. 9

S. 9(1) (1) A society may not be registered by a name

amended by
Nos 6455 identical with that by which a society is already
s. 2(Sch. 1 registered, or so nearly resembling that name or
Pt 3(e)), 6839
s. 4(Sch. 1 the name of any body corporate registered under
Pt 3(e)), the Corporations Act as in the opinion of the
119/1986
s. 142(Sch. 2 Registrar is calculated to deceive.
item 3) (as
amended by
No. 36/1990
s. 23(c)),
48/1992
s. 95(b),
substituted by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 3),
amended by
No. 44/2001
s. 3(Sch.
item 19.3).

S. 9(2) (2) If a society through inadvertence or otherwise is

amended by
Nos 37/1999 registered by a name identical with that by which
s. 58(Sch. 2 a society is already registered, or so nearly
Pt 1 item 4),
44/2001 resembling that name or the name of any body
s. 3(Sch. corporate registered under the Corporations Act as
item 19.3).
in the opinion of the registrar to be calculated to
deceive, the society shall, if the registrar so
directs, change its name.
S. 9(3) (3) A society may change its name by special
substituted by
No. 37/1999 resolution if the new name is not identical with
s. 58(Sch. 2 that of any society previously registered and still
Pt 1 item 5),
amended by subsisting or so nearly resembling that name or
No. 44/2001 the name of any body corporate registered under
s. 3(Sch.
item 19.3). the Corporations Act as in the opinion of the
Registrar is calculated to deceive unless the
society or body corporate is in course of being
wound up and consents in writing to the
registration.
(4) Notice in writing of any change of name, together
with the certificate of incorporation, shall be sent

23
 s. 10

to the registrar within such time after the passing

of the special resolution as is prescribed.
(5) The registrar shall register the change of name,
and shall either note the change on the certificate
of incorporation or issue a new certificate of
incorporation in lieu thereof in the prescribed
form.
(6) The change of name shall be advertised as
prescribed.
(7) The change of name shall not affect the identity of
the society or any right or obligation of the society
or of any member or other person, or render
defective any legal proceedings by or against the
society.
(8) Any legal proceedings that might have been
continued or commenced against the society by its
former name may be continued or commenced
against it by its new name.
10 Certificate of incorporation as evidence No. 6138 s. 10.

A certificate of incorporation under this Act shall

be conclusive evidence that all the requirements of
this Act in respect of registration and matters
precedent or incidental thereto have been
complied with:
Provided that nothing in this section shall affect
any provision of this Act relating to the winding
up or dissolution of the society or the cancellation
of its registration.

No. 6138
Division 2—Mergers and transfers of engagements ss 11–23.
Pt 2 Div. 2
(Heading and
ss 11–23)
amended by
No. 8786 s. 3,
substituted as
Pt 2 Div. 2
24 (Heading and
ss 11–18) by
No. 48/1992
s. 96.
 s. 11

S. 11 11 Application for merger or transfer of engagements

substituted by
No. 48/1992 between societies
s. 96.
(1) If 2 or more societies propose to consolidate all or
any of their assets, liabilities and undertakings by
way of merger, or transfer of engagements, the
societies may, after complying with this section,
apply for the registration of the merger, or transfer
of engagements.
S. 11(2) (2) The proposed merger, or transfer of engagements,
amended by
No. 37/1999 must have been approved by a special resolution
s. 58(Sch. 2 of each society involved unless the Registrar has
Pt 1 item 6).
determined that it may be approved by the
society's board.
S. 11(3) (3) A society that is to approve the proposed merger,
amended by
No. 37/1999 or transfer of engagements, by special resolution
s. 58(Sch. 2 must send to each of its members a statement
Pt 1 item 6).
approved by the Registrar specifying—
(a) the financial position of each of the societies
as shown in financial statements that have
been prepared as at a date that is not more
than 6 months before the date of the
statement; and
(b) any interest that any officer of any of the
societies has in the proposed merger, or
transfer of engagements; and
(c) any compensation or other consideration
proposed to be paid, or any other incentive
proposed to be given, to any officer or
member of a society in relation to the

25
 s. 11

proposed merger, or transfer of

engagements; and
(d) whether the proposal is a merger, or transfer
of engagements and the reason for the
merger, or transfer of engagements; and
(e) the effect of the merger or transfer of
engagements on entitlements and liabilities
of members; and
(f) in the case of a merger—
(i) subject to section 9, the proposed name
of the merged society;
(ii) the proposed address of the office of
the merged society;
(iii) the proposals for the management and
control of the business and operations
of the merged society, pending election
of a board of directors;
(iv) the proposed rules of the merged
society;
(g) any other matter specified by the Registrar. S. 11(3)(g)
amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 6).

(4) The statement mentioned in subsection (3) must

be sent to the members of the society so that it
will, in the ordinary course of post, reach each
member who is entitled to vote on the special
resolution not less than 21 days before the date of
the meeting at which the resolution is to be
decided.
(5) The Registrar may exempt a society from having S. 11(5)
amended by
to comply with subsection (3). No. 37/1999
s. 58(Sch. 2
Pt 1 item 6).

26
 s. 12

S. 11(6) (6) The Registrar may grant an exemption, or approve

amended by a statement, subject to any conditions it considers
No. 37/1999
s. 58(Sch. 2 appropriate.
Pt 1 item 6).

S. 11(7) (7) An application for the registration of a merger or

amended by
No. 37/1999 transfer of engagements under this Division must
s. 58(Sch. 2 be made in the way and form required by the
Pt 1 item 6).
Registrar.
S. 11(8) (8) An application for a proposed merger must be
amended by
No. 37/1999 accompanied by 2 copies of the proposed rules of
s. 58(Sch. 2 the merged society and any other particulars
Pt 1 item 6).
required by the Registrar.
S. 12 12 Registrar may register merged society
substituted by
No. 48/1992
s. 96.

S. 12(1) (1) If, in relation to an application under this Division

amended by
No. 37/1999 by societies for registration of a proposed merger,
s. 58(Sch. 2 the Registrar is satisfied that—
Pt 1 item 6).
(a) the societies involved have complied with
section 11; and
(b) the proposed rules of the merged society are
adequate; and
S. 12(1)(c) (c) each authorised deposit-taking institution or
amended by
No. 11/2001 other person (if any) in whose favour a
s. 3(Sch. guarantee under Part V is in force in relation
item 15.2).
to the societies consents to the merger;
S. 12(1)(d) (d) the certificates of incorporation of the
amended by
No. 37/1999 societies involved in the merger have been
s. 58(Sch. 2 surrendered to the Registrar; and
Pt 1 item 6).
(e) there is no good reason why the merged
society and its rules should not be registered
—
the Registrar must—

27
 s. 13

(f) register the merged society; and

(g) register its rules; and
(h) cancel the registration of the societies
involved in the merger.
(2) On registering the merged society, the Registrar S. 12(2)
amended by
must issue a certificate of incorporation to the No. 37/1999
society. s. 58(Sch. 2
Pt 1 item 6).

(3) A merger takes effect on the issue of the

certificate of incorporation under subsection (2).
13 Certificate confirming transfer of engagements S. 13
substituted by
between societies No. 48/1992
s. 96.

(1) If, in relation to an application under this Division S. 13(1)

amended by
by societies for registration of a proposed transfer No. 37/1999
of engagements, the Registrar is satisfied that— s. 58(Sch. 2
Pt 1 item 6).
(a) the societies involved have complied with
section 11; and
(b) the rules, or proposed rules, of the transferee
society are adequate; and
(c) the certificate or certificates of incorporation S. 13(1)(c)
amended by
of the transferor society or societies has or No. 37/1999
have been surrendered to the Registrar; and s. 58(Sch. 2
Pt 1 item 6).

(d) each authorised deposit-taking institution or S. 13(1)(d)

amended by
other person (if any) in whose favour a No. 11/2001
guarantee under Part V is in force in relation s. 3(Sch.
item 15.2).
to the societies consents to the transfer;
(e) there is no good reason why the transfer of
engagements should not take effect;
the Registrar must—
(f) issue a certificate confirming the transfer of

28
 s. 14

engagements; and
(g) cancel the registration of the transferor
society or societies.
S. 13(2) (2) A transfer of engagements takes effect on the
amended by
No. 37/1999 issue of the certificate of the Registrar under
s. 58(Sch. 2 subsection (1).
Pt 1 item 6).

S. 14 14 Registrar may direct a transfer of engagements

substituted by
No. 48/1992 between societies
s. 96.

S. 14(1) (1) The Registrar may, by written notice given to a

amended by
No. 37/1999 society, direct it to transfer its engagements to
s. 58(Sch. 2 another society if the board of the other society
Pt 1 item 6).
has, by resolution, consented to the proposed
transfer.
S. 14(2) (2) The Registrar must give a copy of the direction to
amended by
No. 37/1999 the other society.
s. 58(Sch. 2
Pt 1 item 6).

S. 14(3) (3) The Registrar must not direct a society to transfer

amended by
No. 37/1999 its engagements under this section unless—
s. 58(Sch. 2
Pt 1 item 6).

S. 14(3)(a) (a) the Registrar is of the opinion that—

amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 6).

S. 14(3)(a)(i) (i) the society has contravened this Act or

amended by
No. 37/1999 the society's rules and, after being given
s. 58(Sch. 2 written notice of the contravention by
Pt 1 item 6).
the Registrar, has allowed the
contravention to continue or has again
contravened this Act or the rules; or
(ii) the society is trading unprofitably or
has a deficiency in its net tangible asset

29
 s. 16 s. 15

position; or
(iii) the affairs of the society are being
conducted in an improper or financially
unsound way; or
(b) after making such inquiries in relation to one S. 14(3)(b)
amended by
or both of the societies as the Registrar No. 37/1999
considers appropriate, the Registrar is s. 58(Sch. 2
Pt 1 item 6).
satisfied that it is in the interest of members
or creditors of the society that is to be
directed to transfer its engagements; or
(c) the Registrar has certified, in relation to the S. 14(3)(c)
amended by
society, that any of the events mentioned in No. 37/1999
section 49A(17)(a), (b), (c), (d) or (f) has s. 58(Sch. 2
Pt 1 item 6).
happened.
15 Society to comply with direction S. 15
substituted by
No. 48/1992
(1) A society must take all reasonable steps to comply s. 96.
with a direction under this Division to transfer its
engagements.
P 200 penalty units.
(2) An officer of a society must not—
(a) fail to take all reasonable steps to secure
compliance by the society with a direction to
transfer its engagements; or
(b) by a wilful act or omission, be the cause of a
failure by the society to comply with a
direction to transfer its engagements.
P 200 penalty units.

16 Day on which transfer of engagements takes effect S. 16

substituted by
No. 48/1992
s. 96.

30
S. 16(1) (1) The society directed to transfer its engagements,
amended by and the society the board of which has consented
No. 37/1999
s. 58(Sch. 2 to the transfer, must apply to the Registrar for a
Pt 1 item 6). certificate confirming the transfer—
(a) within the time specified in the direction; and
S. 16(1)(b) (b) in the way and form required by the
amended by
No. 37/1999 Registrar.
s. 58(Sch. 2
Pt 1 item 6).

S. 16(2) (2) Unless the Registrar is satisfied that there is good

amended by
No. 37/1999 reason for refusing the application, the Registrar
s. 58(Sch. 2 must issue a certificate confirming the transfer of
Pt 1 item 6).
engagements.
(3) The transfer of engagements takes effect on the
issue of the certificate under subsection (2).
S. 16(4) (4) The society directed to transfer its engagements
amended by
No. 37/1999 must surrender its certificate of incorporation to
s. 58(Sch. 2 the Registrar and the Registrar must cancel the
Pt 1 item 6).
registration of the society.
S. 17 17 Effect of merger
substituted by
No. 48/1992
s. 96.
On a merger of societies under this Division
taking effect—
(a) the members of the societies that are parties
to the merger become members of the
merged society; and
(b) the property of the societies that are parties
to the merger vests in the merged society
without any conveyance, transfer or
assignment; and

(c) any property vested in a merged society

under this section remains subject to any
debt, liability or obligation affecting the
property; and

31
 s. 18A s. 18

(d) all debts and liabilities of the societies that S. 17(d)

are parties to the merger, are debts and amended by
No. 61/1997
liabilities of the merged society; and s. 7.

(e) in all documents (including, for example, a S. 17(e)

inserted by
contract to which a society that is a party to No. 61/1997
the merger was a party), a reference to a s. 7.

society that was a party to the merger is a

reference to the merged society.
18 Effect of transfer of engagements S. 18
substituted by
No. 48/1992
On a transfer of engagements under this Division s. 96.
taking effect, the following provisions apply to the
extent necessary to give effect to the transfer—
(a) persons who were members of a transferor
society immediately before the transfer of
engagements took effect are members of the
transferee society in accordance with its
rules;
(b) property of a transferor society that was such
immediately before the transfer took effect
vests in the transferee society without any
conveyance, transfer or assignment;
(c) any property vested in a transferee society
under this section remains subject to any
debt, liability or obligation affecting the
property;
(d) the debts and liabilities of a transferor
society immediately before the transfer of
engagements took effect are debts and
liabilities of the transferee society;
(e) in all documents (including, for example, a S. 18(e)
inserted by
contract to which the transferor society was a No. 61/1997
party), a reference to the transferor society is s. 8.

a reference to the transferee society.

18A References to documents S. 18A
inserted by
No. 61/1997
A reference in section 17(e) or 18(e) to a s. 9.

32
 document includes a reference to a document
created or amended before the commencement of
section 9 of the Financial Institutions
Legislation (Amendment) Act 1997 in which
there is a reference to a society that was a party to
a merger on or after 1 July 1992 or to a transfer of
engagements on or after that date.
Ss 19–23 * * * * *
repealed by
No. 48/1992
s. 96.

Division 3—Members and Funds

No. 6138 s. 24. 24 Members of societies
(1) The members of a society which is formed under
this Act shall be the persons who sign the
application for membership on the formation of
the society, and any other persons who are
admitted to membership in accordance with this
Act and the rules of the society.
(2) No rights of membership shall be exercised by
any member until he has made such payment to
the society in respect of membership or acquired
such share or interest as is provided in the rules of
the society in that behalf.

(3) A person shall cease to be a member in any of the

following circumstances, that is to say—
(a) where his shares are transferred to another
person in accordance with the rules of the
society, and the transferee is registered as
holder in his place;

33
 s. 24

(b) where his shares are forfeited in accordance

with the rules of the society;
(c) where any power of sale (whether expressed S. 24(3)(c)
substituted by
or implied) in any mortgage given by the No. 6618 s. 2.
member to the society is exercised by the
society;
(ca) where the mortgage given by the person to S. 24(3)(ca)
inserted by
the society is assigned or transferred by the No. 37/1999
society (unless there is another mortgage s. 58(Sch. 2
Pt 2 item 2).
given by the person);
(d) where he becomes bankrupt or insolvent
under any law relating to bankruptcy or
insolvency and the official receiver or
assignee disclaims in accordance with the
provisions of such law;
(e) on death:
Provided that the estate of the deceased
person shall remain liable and his executor or
administrator shall be and may be registered
as the holder of the shares as such executor
or administrator (whether eligible to be a
member of the society or not) until some
eligible person is registered as the holder of
the shares by transfer from the executor or
administrator or until the shares are
withdrawn or discharged in accordance with
this Act and the rules of the society, and
while any such executor or administrator is
so registered he shall be deemed to be and
shall have the rights and obligations of a
member of the society for all purposes other
than voting at meetings of the society and
becoming a director thereof;
(f) where the contract of membership is
rescinded on the ground of misrepresentation
or mistake;

34
 s. 24

(g) where he ceases to be a member in

accordance with the rules of the society;
(h) where the value of his shares is repaid or a
refund in respect of his subscriptions is made
to him in accordance with the rules of the
society.
(4) Where shares are held by the executor or
administrator of a deceased member, the Board
may in its discretion by notice in writing to the
executor or administrator call upon him to transfer
the shares to an eligible person or to withdraw or
discharge the shares within six months after
receipt of the notice or within such further time as
the Board may in any particular case allow, and
unless the shares are so transferred withdrawn or
discharged they may at the discretion of the
society be forfeited and dealt with as forfeited
shares in accordance with this Act and the rules of
the society.
S. 24(5) (5) Where a person becomes the trustee within the
inserted by
No. 8298 s. 3. meaning of the Commonwealth Act known as the
Bankruptcy Act 1966 as amended from time to
time of the estate of a member or deceased
member the trustee may be registered as the
holder of the shares of the member as such trustee
(whether eligible to be a member of the society or
not) until some eligible person is registered as the
holder of the shares by transfer from the trustee or
until the shares are withdrawn or discharged in
accordance with the provisions of this Act and the
rules of the society and while the trustee is so
registered he shall be deemed to be and shall have
the rights and obligations of a member of the
society for all purposes other than voting at
meetings of the society and becoming a director
thereof.
No. 6138 s. 25. 25 Capital and shares

35
 s. 26 s. 25

(1) The capital of a society shall vary in amount

according to the nominal value of shares from
time to time subscribed.
(2) The capital shall be divided into shares of a fixed S. 25(2)
substituted by
amount which shall be specified in the rules and No. 8786 s. 4.
the shares may be shares of one or more classes as
are specified in the rules; and no preferential
shares may be issued or allotted.
(3) In every society the rules shall provide that an
advance is to be made to a member only on
condition that the member subscribes for shares of
a nominal value equivalent to the amount of the
advance.
(4) Any balance unpaid in respect of shares at the
time of allotment shall be paid by periodic
subscriptions or in such manner as is specified in
the rules.
(5) No member shall hold more than such proportion
of the shares in a society as is prescribed by the
rules.
(6) A member shall subscribe for such minimum
number of shares as is prescribed by the rules.
(7) A share may be held by two or more persons
jointly and, in such case, notices for the purposes
of the society may be given to the joint holder
whose name appears first on the register of shares
in respect of the share.
(8) A share may not be sold or transferred without the
consent of the board.
26 Liability of members No. 6138 s. 26.

(1) A member shall be liable to the society for the

amount, if any, unpaid on the shares held by him,
together with any charges and other moneys
payable by him to the society as prescribed by this
Act or the rules of the society.

36
S. 26(2) (2) Where, under or in relation to any contract or
substituted by policy of life insurance or similar contract in a
No. 6461 s. 2
(as amended form approved by the registrar after consideration
by No. 6489 of a report thereon from the Government Statist,
s. 4(Sch.
item 19)) or by virtue of any legal or equitable assignment
amended by of or trust created in respect of any such contract
No. 27/2001
s. 8(Sch. 6 or policy, or pursuant to any scheme relating to
item 1.3). life insurance approved by the registrar after
consideration of such a report, provision is made
whereby, in the event of the death of a member of
a society to whom the contract policy or scheme
applies or in the event of the death of a member's
spouse or domestic partner to whom the contract
policy or scheme applies, moneys will be
available for or towards the discharge of the
member's liability to the society, then the society
shall be empowered—
(a) to receive from any such member, at such
times as are agreed upon by the member and
the society, the amount of each periodical
premium or contribution payable by him in
respect of the contract or policy or pursuant
to the scheme; and
(b) to pay or otherwise deal with each such
amount in such manner as the contract policy
or scheme requires or allows; and

(c) if the member defaults in payment of any

such amount at the agreed time—
(i) to make payment thereof pursuant to
the contract policy or scheme on his
behalf or to take such other action as
the contract policy or scheme requires

37
 s. 26

or allows; and
(ii) to recover from the member any
amount in respect of which the member
has made default as aforesaid—
and any amount so recoverable shall until paid be
a debt due to the society by the member and the
provisions of this Act shall apply in relation
thereto accordingly. The society may make either
by itself or in conjunction with any other society
or societies any contract or arrangement relating
to or connected with the carrying into effect of
this subsection and may carry out any such
contract or arrangement.
(3) Where, under or in relation to any contract or S. 26(3)
inserted by
policy of accident or sickness insurance or similar No. 6618 s. 3,
contract in a form approved by the registrar after amended by
No. 27/2001
consideration of a report thereon from the s. 8(Sch. 6
Government Statist, or by virtue of any legal or item 1.3).

equitable assignment of or trust created in respect

of any such contract or policy or pursuant to any
scheme relating to accident or sickness insurance
approved by the registrar after consideration of
such a report, provision is made whereby in the
event of any accident to or sickness of a member
of a society to whom the contract policy or
scheme applies or in the event of any accident to
or sickness of a member's spouse or domestic
partner to whom the contract policy or scheme
applies moneys will be available for or towards
the discharge of the member's liability to the
society, then the society shall be empowered—
(a) to receive from any such member, at such
times as are agreed upon by the member and
the society, the amount of each periodical
premium or contribution payable by him in
respect of the contract or policy or pursuant
to the scheme; and

38
 s. 27 s. 28

(b) to pay or otherwise deal with each such

amount in such manner as the contract policy
or scheme requires or allows; and
(c) if the member defaults in payment of any
such amount at the agreed time—
(i) to make payment thereof pursuant to
the contract policy or scheme on his
behalf or to take such other action as
the contract policy or scheme requires
or allows; and
(ii) to recover from the member any
amount in respect of which the member
has made default as aforesaid—
and any amount so recoverable shall until paid be
a debt due to the society by the member and the
provisions of this Act shall apply in relation
thereto accordingly. The society may make either
by itself or in conjunction with any other society
or societies any contract or arrangement relating
to or connected with the carrying into effect of
this subsection and may carry out any such
contract or arrangement.
No. 6138 s. 27. 27 Cancellation of shares
A society may cancel any share purchased by or
forfeited to the society in accordance with the
rules of the society.

No. 6138 s. 28. 28 Society's charge on shares

A society shall have a charge upon the share or
interest in the capital of a member or past member
in respect of any debt due from the member or
past member to the society, and may set off any

39
 sum credited or payable to a member or past
member in or towards payment of the debt.
29 Payment of sum due on unadvanced shares without No. 6138 s. 29.

probate
Notwithstanding anything to the contrary in the
rules of any society, where a member of a society
to whom an advance has not been made dies and
upon the withdrawal of his shares there is payable
by the society a sum not exceeding $400, then the
society may—
(a) after the expiration of two months from the
death of the said member if probate or letters
of administration have not been produced to
the secretary and notice in writing of
intention to apply therefor has not been
received by the secretary; or
(b) after the expiration of three months from the
death of the said member if such notice of
intention to apply has been received by the
secretary within the period of two months
from the death but probate or letters of
administration have not been produced to the
secretary—
pay the said sum to the person or persons
appearing to the directors to be entitled thereto
according to law as on the intestacy of the
deceased member and any such payment shall be
valid and effectual with respect to any demand
against the society or the directors by any other
persons as the said member's next of kin legatees
or personal representatives, but such next of kin
legatees or personal representatives shall
nevertheless have the right to recover the whole or
any portion of any such sum so paid from the
person or persons who have received the same
from the society.

40
 s. 30 s. 33

Division 4—Privileges, powers, and duties

No. 6138 30 Society to be a body corporate
s. 30.
A society shall be a body corporate by the name
under which it is registered, with perpetual
succession and a common seal, and shall have
power to enter into contracts, to institute and
defend actions suits and legal proceedings, and to
do all things necessary for the purpose of its
constitution.
No. 6138 s. 31 31 Exemption from fees
No fee shall be chargeable for the registration of a
society or of its rules or of any alteration of its
rules.
No. 6138 32 Acquisition of property
s. 32.
S. 32 (1) A society may acquire by lease purchase donation
amended by
No. 6821 devise bequest or otherwise any real or personal
s. 5(a). property for any objects of the society and may
sell or lease any such real or personal property.
S. 32(2) (2) A society may if authorized in writing by the
inserted by
No. 6821 registrar become a member of a society registered
s. 5(b). under the Co-operation Act 1958 and may with
the approval of the registrar take such shares and
make any other investment in any such society as
the registrar approves.

No. 6138 33 Raising loans

s. 33.
(1) With the approval of the registrar a society may
raise money on loan in such manner as it thinks
fit, and in particular, without limiting the
generality of the foregoing, by legal or equitable

41
 mortgage charged upon the undertaking of the
society or upon all or any part of the property and
rights (both present and future) of the society,
including its unpaid capital, subscriptions,
payments in respect of advances and other
moneys.
(1A) With the approval of the registrar, a society may S. 33(1A)
inserted by
raise money— No. 36/1990
s. 14(2).
(a) by granting a right, entitlement or interest in
or in respect of; or
(b) by the transfer or assignment of—
its interest under a mortgage of freehold land.
(1B) With the approval of the registrar and subject to S. 33(1B)
inserted by
such conditions as the registrar determines, a No. 37/1999
society may assign or transfer its interest under a s. 58(Sch. 2
Pt 2 item 3).
mortgage of freehold land for the purpose of—
(a) raising money for the repayment by the
society in whole or in part of any loan made
to the society; or
(b) extinguishing the loan.
(1C) A society must, if the registrar so directs, assign or S. 33(1C)
inserted by
transfer its interest under a mortgage of freehold No. 37/1999
land for a purpose referred to in subsection (1B). s. 58(Sch. 2
Pt 2 item 3).

(1D) The registrar must not give a direction under S. 33(1D)

inserted by
subsection (1C) unless satisfied that the No. 37/1999
assignment or transfer would not disadvantage the s. 58(Sch. 2
Pt 2 item 3).
members of the society.
(1E) Upon the assignment or transfer under S. 33(1E)
inserted by
subsection (1B) or (1C) of a mortgage given by a No. 37/1999
member to a society— s. 58(Sch. 2
Pt 2 item 3).
(a) the shares of the member in the society
related to the mortgage are cancelled; and

42
 s. 33

(b) the member ceases to be a member by reason

of that mortgage;
(c) the amount owing by the member under or in
respect of the mortgage is reduced by the
amount (if any) paid up in respect of the
shares.
(2) A society shall not be authorized to receive money
on deposit.
S. 33(3) * * * * *
repealed by
No. 6821 s. 6.

(4) Except as may be provided in any agreement

made in relation to a guarantee executed by the
Treasurer of Victoria under this Act, no person
lending money to a society shall be bound to see
to the application thereof or be in any way
affected or prejudiced by the fact that such society
in borrowing such money has contravened the
provisions of this or any other section of this Act
or the rules of the society.
S. 33(5) (5) Where the Treasurer of Victoria pursuant to
amended by
No. 11/2001 Division one of Part V of this Act executes a
s. 3(Sch. guarantee in favour of any authorised deposit-
item 15.3).
taking institution or approved body guaranteeing
the repayment of any loan to be made by such
authorised deposit-taking institution or approved
body to any society registered under this Act, then
notwithstanding anything to the contrary in any
Act or in any memorandum or articles of
association or rules, such authorised deposit-
taking institution or approved body shall be
deemed to be empowered to make such loan out
of any funds held by it which it is authorized to
invest and in respect of which investment on loan
as aforesaid is not specifically prohibited by the
terms of any trust governing such funds.
(6) Any mortgage given as security for any money

43
 s. 33

raised on loan by a society under the powers

conferred by this section may within thirty days
after its execution be registered by filing in the
office of the registrar a true copy thereof verified
by statutory declaration.
(7) The registrar shall cause to be entered in a register
to be kept by him for the purpose short particulars
(including the names of the parties and the
consideration) of every copy mortgage so filed
with him with a memorandum of the date hour
and time at which each of them is so filed, and
that date hour and time shall in the case of each
mortgage be the date hour and time of registration.
(8) The registrar may at any time, upon evidence
being given to his satisfaction that the debt for
which any registered mortgage was given has
been paid or satisfied, or that a discharge of
mortgage as to the whole or any part of the
property mortgaged has been executed, cause a
memorandum to that effect to be entered in the
register.
(9) The register so kept and every copy mortgage
filed as aforesaid shall be open to inspection at the
office of the registrar by any person on payment
of the prescribed fee (if any).
(10) A mortgage shall not, unless registered in
accordance with this section, be of any validity as
against any subsequent mortgagee whose
mortgage is duly registered in accordance with
this section before the registration of such first-
mentioned mortgage except in the case of fraud;
and, except in the case of fraud, the priority of all
mortgages duly registered in accordance with this
section shall be determined by the order of
registration and not of date, and shall not be
affected by notice actual or constructive of any
unregistered mortgage, or of any contract therefor,

44
 s. 33

and the knowledge that any such mortgage, or

contract is in existence shall not of itself be
imputed as fraud; and every second or subsequent
mortgage shall, if duly registered in accordance
with this section, become, upon such registration
and upon satisfaction of all prior mortgages
registered in accordance with this section, a first
mortgage.
(11) Where before the commencement of the
Co-operative Housing Societies Act 1946 any
such mortgage as aforesaid has been given by a
society and has not been wholly satisfied, and a
true copy of the mortgage has been filed in
accordance with subsection (6) of this section
within thirty days after the commencement of the
said Act, the mortgage shall, except in the case of
fraud, be deemed to have been registered as at the
date of execution thereof, and the particulars and
memorandum thereof shall be entered in the
register accordingly, and the provisions of
subsections (8), (9), (10), and (12) of this section
shall apply with respect to such mortgage
accordingly.
S. 33(12) (12) The Supreme Court, on being satisfied that the
amended by
No. 57/1989 omission to register a mortgage within the time
s. 3(Sch. item required by this section or the omission or
33.1(a)(b)).
mis-statement of any particular with respect to
any such mortgage or in any memorandum of
satisfaction was accidental or due to inadvertence
or to some other sufficient cause or is not of a
nature to prejudice the position of creditors or
members of the society or that on any other
grounds it is just and equitable to grant relief, may
on the application of the society or any person
interested and on such terms and conditions as
seem to the Court just and expedient order that the
time for registration be extended or (as the case
may be) that the omission or mis-statement be

45
 s. 33A

rectified.
(13) Nothing in the last seven preceding subsections
shall apply to any mortgage solely of specific land
duly registered in accordance with the Property
Law Act 1958 or the Transfer of Land Act
1958.
33A Society may act as trustee or agent S. 33A
inserted by
No. 36/1990
s. 15.

(1) A society may act as trustee or agent for an S. 33A(1)

amended by
approved housing finance provider for such No. 48/1992
purposes connected with mortgages of freehold s. 104(b).

land and on such terms and conditions as are

approved from time to time by the registrar.
(2) The registrar may declare a body corporate to be S. 33A(2)
amended by
an approved housing finance provider for the No. 48/1992
purposes of subsection (1). s. 104(b).

(3) The registrar may revoke a declaration made S. 33A(3)

amended by
under subsection (2). No. 48/1992
s. 104(b).

34 As to advances by societies No. 6138 s. 34.

(1) A society shall not make any advance to any

person who is not a member of the society.
(2) A society shall not make any advance to a
member of the society—
(a) except for the purpose of enabling such
member—
(i) to purchase land and erect a dwelling-
house thereon; or
(ii) to erect a dwelling-house on land
already owned by him; or
(iia) to erect a dwelling-house on Crown S. 34(2)(a)(iia)
inserted by
land leased by him for a term of not No. 8978 s. 3.

46
 s. 34

less than 50 years being Crown land

within an area approved by the
Governor in Council for the purposes of
this Act;
S. 34(2)(a)(iii) (iii) to purchase land upon which is situated
amended by
Nos 6821 a dwelling-house; or
s. 7(a), 7097
s. 4(a)(i)(ii),
7575 s. 3,
substituted by
No. 7983 s. 2.

S. 34(2)(a)(iiia) (iiia) to maintain and keep in proper repair

inserted by
No. 6821 his dwelling-house;
s. 7(b).

(iv) (where the approval of the Governor in

Council given after consideration of a
report by the registrar is first obtained)
to discharge a mortgage held by another
society upon any land; or
S. 34(2)(a)(v) (v) to discharge a mortgage or any other
amended by
No. 7097 charge or security over or affecting any
s. 4(b). land which mortgage charge or security
was granted or executed by the member
in anticipation of the society's making
an advance to him, and in any such case
the advance shall not be made by the
society without the prior approval of
the registrar;
S. 34(2)(a)(vi) (vi) in circumstances approved by the
inserted by
No. 36/1990 registrar to alter or improve his or her
s. 16(a), dwelling-house; or
amended by
No. 48/1992
s. 104(c).
S. 34(2)(a)(vii) (vii) in circumstances approved by the
inserted by
No. 36/1990 registrar to discharge a mortgage or
s. 16(a), other charge or security over or
amended by
No. 48/1992 affecting land; and
s. 104(c).

47
 s. 34

* * * * * S. 34(2)(b)
amended by
No. 8339
s. 2(1)(Sch. 2
item 2(ii)),
repealed by
No. 36/1990
s. 16(b).

(c) unless the board is satisfied that the member

intends to reside in the dwelling-house
erected or to be erected on such land and is
not already the owner of more than one
dwelling-house (other than the dwelling-
house in relation to which the advance is to
be made).
(3) A society shall not make any advance on the S. 34(3)
amended by
security of any property which is subject to a prior No. 8543 s. 2.
mortgage, unless the prior mortgage is in favour
of the society or another co-operative housing
society having the same registered office as the
first-mentioned society.
(4) Every mortgage executed as security for an S. 34(4)
substituted by
advance by a society must be registered under the No. 85/1998
Transfer of Land Act 1958. s. 24(Sch.
item 14).

(5) Any property to which a society may become

absolutely entitled by foreclosure surrender or
other extinguishment of the right of redemption
shall as soon afterwards as may be conveniently
practicable be sold or converted into money.

(6) In this section purchase includes the completion S. 34(6)

inserted by
of a purchase under an existing contract of sale No. 8543 s. 3.
and the discharge of a mortgage within the
meaning of the Sale of Land Act 1962, given to a
vendor or other person pursuant to the provisions

48
 s. 35 s. 36

of section 4 of that Act.

No. 6138 s. 35. 35 Contracts by society
(1) Contracts on behalf of a society may be made
varied or discharged as provided in this section.
(2) Any contract which, if made between private
persons, would be by law required to be in writing
and under seal, may be made on behalf of the
society in writing under the common seal of the
society, and the contract may in the same manner
be varied or discharged.
(3) Any contract which, if made between private
persons, would be by law required to be in writing
and signed by the party to be charged therewith,
may be made on behalf of the society in writing,
signed by any person acting under the express or
implied authority of the society, and the contract
may in the same manner be varied or discharged.
(4) Any contract which, if made between private
persons, would by law be valid, although made by
parol only and not reduced into writing, may be
made by parol on behalf of the society by any
person acting under the express or implied
authority of the society, and the contract may in
the same way be varied or discharged.
(5) Any contract made according to the provisions of
this section shall be effectual in law and shall be
binding upon the society and all other parties
thereto.

No. 6138 s. 36. 36 As to name and address of society

(1) The name of a society shall include the words
"co-operative housing society" as part of the name
and the word "limited" as the last word of the
name.

49
 s. 39

(2) The name of a society shall be inscribed in legible

characters on its seal, and shall be stated in legible
characters in all notices, advertisements, and other
official publications of the society, and in all bills
of exchange, cheques, promissory notes,
endorsements, orders for money, receipts, and
other documents required in the business of the
society.
(3) The name of the society with a statement that the
society is registered under this Act shall be
painted or affixed, and kept painted or affixed, on
the outside of its office in a conspicuous place and
in letters which are clearly legible.
(4) The office of the society shall be registered as
prescribed, and notice of any change of address
shall be transmitted to the registrar within fourteen
days after the change.
37 Service of documents on society No. 6138 s. 37.

Any document may be served on a society by

leaving it at the registered office of the society
with some person apparently in the service or
employment of the society or by sending it by post
addressed to the society at its registered office.
38 Effect of rules No. 6138 s. 38.

The rules of a society shall bind the society and all

members thereof and all persons claiming through
them respectively to the same extent as if each
member had subscribed his name and affixed his
seal thereto, and there were contained in the rules
a covenant on the part of each member and his
personal representatives to observe all the
provisions of the rules, subject to the provisions of
this Act and the regulations.
39 Registers and accounts No. 6138 s. 39.

(1) A society shall keep such registers and accounts

as are prescribed.

50
 (2) The registers shall include the following, that is to
say—
(a) a register of the directors members and
shares;
S. 39(2)(ab) (ab) a register of the secretaries of the society;
inserted by
No. 9136
s. 4(3)(a).

(b) a register of any loans raised and securities

given by the society; and
(c) a register of any advances made and
securities taken by the society.
(3) The registers shall be kept in such manner and
shall contain such particulars as are prescribed.
S. 39(4) (4) No notice of any trust, expressed implied or
amended by
No. 8181 constructive, shall be entered in any register or be
s. 2(1)(Sch. received by the society.
item 27).

No. 6138 s. 40. 40 Inspection of registers etc.

A society shall have at its office and open at all
reasonable hours to inspection by any member or
creditor without fee—
(a) a copy of this Act and the regulations;
(b) a copy of the rules of the society;
(c) a copy of the last audited balance-sheet and
final accounts, together with the report of the
auditor;
(d) the prescribed register of directors members
and shares; and
(e) the prescribed register of loans raised and
securities given by the society.
No. 6138 s. 41. 41 Returns

51
 s. 42 s. 41

(1) A society shall, within fourteen days after any

change in the membership of the board, transmit
to the registrar information of the change.
(2) A society shall in each year, within three months
after the close of its financial year or within such
further time as the registrar may authorize,
transmit to the registrar the following returns, that
is to say—
(a) the names of the directors and the secretary S. 41(2)(a)
amended by
for the year then current; No. 9136
s. 4(3)(b).

(b) a statement of the assets and liabilities of the

society at the close of that financial year and
of the accounts of the society for that
financial year;
(c) a copy of any report by the auditor on such
accounts; and
* * * * * S. 41(2)(d)
repealed by
No. 48/1992
s. 104(d).

(3) A society shall, when so required by notice in

writing by the registrar, furnish to the registrar
within the time specified in that behalf in the
notice a full list in the prescribed form of all of its
members as at the end of the financial year then
last past or such other particulars as are specified
in the notice with respect to the membership of the
society.
42 Charges No. 6138 s. 42.

(1) A society shall furnish to any person intending to

become a member a list of the charges payable
under the rules by a member to the society.
(2) A person who becomes a member of the society
shall be liable to pay only the charges mentioned

52
 in the list and any charges which may be imposed
by any subsequent registered alteration of the
rules.
(3) The charges may be altered by special resolution.
No. 6138 s. 43. 43 No voting by proxy
The rules of a society shall not allow of voting by
proxy.
No. 6138 s. 44. 44 Special resolution
(1) For the purposes of this Act special resolution
means a resolution which is passed by a majority
of not less than three-quarters of such members of
the society entitled under the rules to vote as may
be present in person at any general meeting of
which notice specifying the intention to propose
the resolution has been duly given according to
the rules.
(2) At any such general meeting, unless a poll is
demanded, a declaration by the chairman that the
resolution has been carried shall be conclusive
evidence of the fact.
S. 44(3) (3) A copy of the special resolution, signed by the
amended by
No. 7097 chairman of the meeting and countersigned by the
s. 5(a). secretary, shall be sent to the registrar within one
month after the passing of the special resolution,
or within such further time as the registrar in any
particular case allows and shall be registered by
him and until the copy is so registered the special
resolution shall not take effect:
S. 44(3) * * * * *
Proviso
repealed by
No. 7097
s. 5(b).

S. 44(3) Provided that a special resolution for the

Further
Proviso expulsion of any member from a society shall not
amended by be registered unless the registrar is satisfied that in
No. 7097
s. 5(c).

53
 s. 44A

all the circumstances of the case the expulsion is

reasonable and that the proceedings in respect of
the expulsion have been properly and fairly
conducted.
(4) A certificate of registration of any special
resolution or of any alteration of the rules of a
society given by the registrar shall in favour of
any person lending money to the society on the
faith of such certificate, or in favour of any
guarantor of any such loan, be conclusive
evidence that such resolution was duly passed or
such alteration in the rules duly made (as the case
may be).

Division 5—Quarterly returns and reports Pt 2 Div. 5

(Heading and
ss 44A, 44B)
inserted by
No. 48/1992
s. 97.

44A Quarterly returns by society S. 44A

inserted by
No. 48/1992
s. 97.

(1) The Registrar may by notice in writing given to a S. 44A(1)

amended by
society require the society to submit a return in the No. 37/1999
form approved by the Registrar as to the society's s. 58(Sch. 2
Pt 1 item 7).
compliance with Divisions 3 and 4 of this Part in
respect of each quarter or such period as is
specified in the notice.
(2) The society must submit the return within the
period specified in the notice.
P 200 penalty units.
(3) The Registrar may by notice in writing require a S. 44A(3)
amended by
society to provide further information in relation No. 37/1999
to any matter contained in or arising out of a s. 58(Sch. 2
Pt 1 item 7).
quarterly or other return or any other information
which the Registrar considers is relevant.
(4) A society must provide the information within the S. 44A(4)
amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).
54
 s. 44B

period specified by the Registrar in the notice.

(5) If a society does not comply with this section each

officer of the society is guilty of an offence.
(6) The penalty for an offence under subsection (4) or
(5) is a penalty of not more than 100 penalty units
and a daily penalty of not more than 10 penalty
units for each day during which the default
continues.
S. 44B 44B Auditor to submit report
inserted by
No. 48/1992
s. 97.

S. 44B(1) (1) The Registrar may by notice in writing require the

amended by
No. 37/1999 auditor of a society to submit a report to the
s. 58(Sch. 2 Registrar in respect of the period specified in the
Pt 1 item 7).
notice stating the auditor's opinion as to—
(a) whether or not the information provided by
the society in its returns is accurate; and
(b) whether or not the society is complying with
Divisions 3 and 4 of this Part.
(2) The auditor must submit the report within 60 days
of the end of the period specified in the notice.
S. 44B(3) (3) The Registrar may by notice in writing require a
amended by
No. 37/1999 society or its auditor to provide further
s. 58(Sch. 2 information in relation to any matter contained in
Pt 1 item 7).
or arising out of the auditor's report or any other
information which the Registrar considers is
relevant.
S. 44B(4) (4) A society or an auditor of a society must provide
amended by
No. 37/1999 the information within the period specified by the
s. 58(Sch. 2 Registrar in the notice.
Pt 1 item 7).

(5) If a society does not comply with subsection (4),

55
 s. 44C

each officer of the society is guilty of an offence.

(6) The penalty for an offence under subsection (4) or
(5) is a penalty of not more than 100 penalty units
and a daily penalty of not more than 10 penalty
units for each day during which the default
continues.

Division 6—Directions of Registrar Pt 2 Div. 6

(Heading and
s. 44C)
inserted by
No. 48/1992
s. 98,
amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).

44C Intervention by the Registrar S. 44C

inserted by
No. 48/1992
s. 98.

(1) If the Registrar is of the opinion that— S. 44C(1)

amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).

(a) a society has contravened this Act and, after S. 44C(1)(a)

amended by
being given written notice of the No. 37/1999
contravention by the Registrar, has allowed s. 58(Sch. 2
Pt 1 item 7).
the contravention to continue or has again
contravened this Act; or
(b) a society is trading unprofitably or has a
deficiency in its net tangible asset position;
or
(c) the affairs of a society are being conducted
in an improper or financially unsound way—
the Registrar may, by written notice given to the
society, place it under direction.
(2) The Registrar may, by written notice given to the S. 44C(2)
amended by
society, revoke the notice. No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).

56
 s. 44C

S. 44C(3) (3) While a society is under direction, the Registrar

amended by
No. 37/1999 may—
s. 58(Sch. 2
Pt 1 item 7).

S. 44C(3)(a) (a) order an audit of the affairs of the society by

amended by
No. 37/1999 an auditor chosen by the Registrar at the
s. 58(Sch. 2 expense of the society; or
Pt 1 item 7).

(b) direct the society to change any practices that

in the Commission's opinion are undesirable
or unsound; or
(c) direct the society to cease or limit the raising
or lending of funds or the exercise of other
powers; or
(d) remove an officer, or all the officers, of the
society from office and appoint another
officer or other officers; or
(e) remove any auditor of the society from office
and appoint another auditor; or
(f) give any other directions as to the way in
which the affairs of the society are to be
conducted or not conducted.
(4) If the society—
(a) fails, without reasonable excuse, to comply
with a direction given or requirement made
under this section to the extent that the
society is capable of doing so; or
(b) without reasonable excuse, obstructs, hinders
or resists the exercise of the Commission's
powers under this section—
the society and any officer of the society who is in
default each commit an offence.
S. 44C(5) (5) An officer or auditor appointed under this section
amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).
57
 s. 44CA

holds office for such term as the Registrar directs.

Penalty applying to this section:

100 penalty units and a daily penalty of not more
than 10 penalty units for each day during which
the default continues or imprisonment for one
year, or both.

Division 7—Supervision levy Pt 2 Div. 7

(Heading and
s. 44D)
inserted by
No. 48/1992
s. 98.

44CA Industry Supervision Fund S. 44CA

inserted by
No. 37/1999
The Registrar must pay all amounts received as s. 58(Sch. 2
supervision levy under section 44D into the Pt 1 item 8).
Industry Supervision Fund established under the
Financial Sector Reform (Victoria) Act 1999.
44D Supervision levy S. 44D
inserted by
No. 48/1992
s. 98.

(1) The Registrar may determine that an amount is to S. 44D(1)

amended by
be paid to it by societies as a supervision levy. No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).

(2) The amount of the levy may be fixed by the S. 44D(2)

amended by
Registrar as— No. 37/1999
s. 58(Sch. 2
(a) a specified amount; Pt 1 item 7).

(b) a specified percentage of an amount S. 44D(2)(b)

amended by
determined by the Registrar either by No. 37/1999
reference to the amounts of reserves, s. 58(Sch. 2
Pt 1 item 7).
obligations and debts of the society or to any
other factors relating to the funds or business
of the society as the Registrar determines as
at a date specified by the Registrar; or

58
 s. 44D

(c) both a specified amount and such a specified

percentage.
S. 44D(3) (3) The Registrar may require the supervision levy to
amended by
No. 37/1999 be paid in one amount or by instalments which
s. 58(Sch. 2 may include an amount for interest at a rate fixed
Pt 1 item 7).
by the Registrar.
S. 44D(4) (4) The supervision levy must be paid by the society
amended by
No. 37/1999 within 30 days of being notified by the Registrar
s. 58(Sch. 2 by notice in writing of the amount that is payable.
Pt 1 item 7).

(5) If a society is in default in payment of the

supervision levy—
S. 44D(5)(a) (a) interest accrues on the amount outstanding
amended by
No. 37/1999 from the date of default at the rate specified
s. 58(Sch. 2 by the Registrar; and
Pt 1 item 7).

S. 44D(5)(b) (b) the Registrar may recover any amount

amended by
No. 37/1999 outstanding together with interest accrued as
s. 58(Sch. 2 a debt in a court of competent jurisdiction.
Pt 1 item 7).

S. 44D(6) (6) The Registrar may on the application of a society

amended by
No. 37/1999 —
s. 58(Sch. 2
Pt 1 item 7). (a) vary the amount of the levy payable by the
society; or

(b) vary the period within which the levy is to be

paid; or
(c) exempt the society from payment of the levy.
(7) The amount paid by a society as a supervision
levy is to be treated as an expense in the accounts
of the society.
S. 44D(8) (8) The Registrar must consult the Committee before
amended by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 7).

59
 s. 44D

making a decision under this section.

_______________

60
 s. 45

PART III—RULES, MANAGEMENT, &c.

Division 1—Rules
No. 6138 s. 45. 45 Model rules
(1) Model rules for a society shall be prescribed by
regulation.
(2) A society which is to be registered under this Act,
or which is registered thereunder, may adopt as its
rules all or any of the model rules.
(3) Where a society is formed under this Act, in so far
as any rules tendered for registration are not
inconsistent with or do not exclude or modify the
model rules as then in force, such model rules
shall be deemed to form part of the rules of the
society in the same manner and to the same extent
as if they were contained in the rules tendered and
registered.
(4) No alteration of the model rules shall apply to any
society which is established before the regulation
prescribing the alteration comes into operation,
unless the society by special resolution adopts the
alteration in its rules.
No. 6138 s. 46. 46 Rules of a society
(1) The rules of a society shall be divided into
paragraphs numbered consecutively, and shall set
forth—
(a) the name of the society;
(b) where the office of the society is to be
situated;
(c) the objects of the society;
(d) the nominal value of each share in the
society;

61
 s. 46

(e) the maximum proportion of the shares which

may be held by a member;
(f) the fixed date on which or the object or event
on the attainment or occurrence of which the
society is to terminate;
(g) the periodic subscriptions by which or the
manner in which shares are to be paid for
and the penalties for late payment;
(h) the minimum number of shares to be
subscribed for by a member;
(i) the manner in which shares may be
transferred;
(j) the manner in which the funds of the society
are to be managed, and, in particular, the
mode of drawing and signing cheques drafts
bills of exchange promissory notes and other
documents for and on behalf of the society;
(k) the manner in which an application for an
advance is to be made, the conditions with
which an applicant is to comply, the manner
in which an advance is to be made and
repaid, the conditions upon which a member
may pay the amount due by him before the
expiration of the period for which the
advance is made, and the terms upon which a
mortgage may be redeemed;
(l) the mode and conditions of admission to
membership, and the payment to be made or
the share or interest to be acquired before the
exercise of the rights of membership;
(m) the rights and liabilities of members, and of
the estates of deceased members and of
members whose estates have been
sequestrated or assigned;
(n) whether or not shares may be withdrawn,

62
s. 46

and if so, upon what terms;

(o) the manner in which the value of shares is to
be ascertained for repayment;
(p) the circumstances in which members may be
expelled, the rights and liabilities of expelled
members, and provision for the forfeiture of
shares and for the cancellation of forfeited
shares;
(q) the number of directors, the qualification of
directors, and the manner of electing
remunerating and removing directors and
filling a vacancy, whether directors are to be
elected annually or half-yearly, the period for
which directors are to hold office, and
whether directors are to retire by rotation or
otherwise;
(r) the powers and duties of the board and the
quorum for meetings of the board;
(s) the intervals between general meetings of the
society, the manner of calling general and
special meetings, the requisite notices of
meetings, and the quorum for meetings, of
the society;
(t) the procedure at meetings of the society,
including the rights of members in voting
thereat, and the manner of voting;
(u) the manner of appointing remunerating and
removing officers (other than directors) of
the society, the powers and duties of officers,
and the security to be given by any officer
having the receipt or charge of any moneys
belonging to the society;

(v) whether the accounts of the society are to be

audited annually or more frequently, the

63
 s. 47

manner of appointing remunerating and

removing auditors, the powers and duties of
auditors, and in particular their powers and
duties with respect to the inspection of
securities belonging to the society;
(w) provision for the custody of securities
belonging to the society;
(x) the charges, including any charges on
admission or for management expenses or
otherwise, which are to be payable by a
member to the society;
(y) the manner of altering and rescinding the
rules, and of making additional rules;
(z) provision for the custody and use of the seal
of the society;
(aa) the manner in which the society may be
wound up; and
(bb) such other matters as are prescribed by this
Act or the regulations.
(2) Any person shall be entitled to obtain from a
society a copy of its rules on payment of a sum
not exceeding twenty-five cents ($0.25).
(3) The rules of a society shall not provide for the
expulsion of any member from the society
otherwise than by a special resolution.
47 Alteration of rules No. 6138 s. 47.

(1) The rules of a society shall not be altered unless S. 47(1)

amended by
the alteration has been approved by a special No. 37/1999
resolution or by the registrar. s. 58(Sch. 2
Pt 2 item 4).

(2) The society shall within one month after approval S. 47(2)
amended by
by special resolution or within such further time Nos 7097
as the registrar in any particular case allows apply s. 6(a),
37/1999
to the registrar to have the alteration registered s. 58(Sch. 2
Pt 2 item 5).

64
 s. 48

and the application shall be made as prescribed.

S. 47(2) * * * * *
Proviso
repealed by
No. 7097
s. 6(b).

(3) If the registrar is satisfied that the alteration is not

contrary to this Act or the regulations and that the
rules as altered are suitable and sufficient for the
purposes of the society, the registrar shall register
and certify the alteration as prescribed, and until
the alteration is so registered and certified the
alteration shall not take effect.
S. 47(3A) (3A) The registrar may alter the rules of a society and
inserted by
No. 37/1999 must register and certify the alteration.
s. 58(Sch. 2
Pt 2 item 6).

(4) The rules of the society shall be read subject to

any alteration so registered and certified.
(5) In this Act, alteration of a rule includes addition to
a rule and rescission of a rule.

Division 2—Management
No. 6138 s. 48. 48 Board of directors
(1) The business and operations of a society shall be
managed and controlled by a board of directors,
and for that purpose the board, except as provided
in this section, shall have and may exercise the
powers of the society as if they had been expressly
conferred on the board by a general meeting of the
society.
(2) The powers of the board shall be subject to any
restrictions imposed thereon by this Act or the
regulations or by the rules of the society.
(3) Every director acting in the business or operations
of the society pursuant to the rules or to a

65
 s. 48

resolution duly passed by the board shall be

deemed to be the agent of the society for all
purposes within the objects of the society.
(4) The acts of a director shall be valid
notwithstanding any defect that may afterwards be
discovered in his appointment or qualification.
(5) A director shall not be held liable to the society
for any loss that the society may sustain, unless
the loss was due to his misconduct or negligence
or to his failure to comply with any of the
provisions of this Act or of the regulations or of
the rules of the society.
(6) The directors shall be elected at a general meeting
of the society in accordance with the rules of the
society:
Provided that the first directors shall be elected at
the meeting for the formation of the society.
(7) The number of directors shall not be less than five
and no person shall be qualified to be a director
unless he is a member of the society:
Provided that where the Registrar, on application S. 48(7)
Proviso
made by the society, is satisfied that the election inserted by
of five directors is onerous having regard to the No. 8298
s. 4(1).
total number of members of the society and the
volume of its business the Registrar may authorize
the society in writing to carry on business with
three directors and the society may act
accordingly.

(8) Meetings of the board shall be held as often as S. 48(8)

amended by
may be necessary for properly conducting the No. 8298
business and operations of the society, but shall be s. 4(2).

held at least quarterly, and a quorum of a meeting

of the board shall be as prescribed by the rules of
the society but shall not in any case be less than
half the number of directors.

66
 s. 48

(9) The chairman of the board shall be elected by the

board in accordance with the rules of the society,
and shall hold office and retire, and may be
removed from office, as prescribed by the rules of
the society.
(10) The directors shall hold office and retire, and may
be removed from office, as prescribed by the rules
of the society.
(11) The office of a director shall be vacated in such
circumstances, if any, as may be prescribed by the
rules of the society, and in any of the following
cases, that is to say—
(a) if he becomes bankrupt or insolvent or
assigns his estate for the benefit of or
compounds with his creditors;
S. 48(11)(b) (b) if he becomes of unsound mind or becomes a
substituted by
No. 7332 patient within the meaning of the Mental
s. 2(Sch. 1 Health Act 1986;
item 16),
amended by
No. 59/1986
s. 143(2).

(c) if he is convicted of any offence under this

Act, or if he is convicted of any indictable
offence or of any offence punishable on
summary conviction for which he is
sentenced to imprisonment otherwise than in
default of payment of a fine;
(d) if he absents himself from three consecutive
ordinary meetings of the board without its
leave;
S. 48(11)(e) (e) if within two months after any money
amended by
No. 6618 becomes due by him to the society in respect
s. 4(1)(a). of shares in the society in relation to which
he has obtained an advance he does not pay
the same;
S. 48(11)(ea) (ea) if he fails to pay any moneys due by him to
inserted by
No. 6618
s. 4(1)(b).

67
 s. 49 s. 48

the society (not being in respect of shares in

relation to which he has obtained an advance
from the society) within one month after
notice in writing requiring the payment of
such moneys has been given to him by the
society;
(f) if he ceases to be a member of the society;
(g) if by notice in writing to the board he resigns
his office;
(h) if he is removed from office by resolution of
a general meeting of the society; or
(i) if he has, except as provided in this section, a
direct or indirect pecuniary interest in any
agreement with the society otherwise than as
a member of, and in common with the other
members of, another company or corporate
body consisting of more than twenty persons.
(12) The provisions of paragraph (i) of the last
preceding subsection shall not be deemed to
extend to any advance to the director made by the
society in accordance with a special resolution.
(13) A director shall not vote upon any question in
which he has any direct or indirect pecuniary
interest otherwise than as a member and in
common with the other members of the society,
and if he votes, his vote shall not be counted.
(14) Any vacancy occurring on the board shall be filled
as prescribed by the rules of the society.
49 Appointment of director by Treasurer in certain No. 6138 s. 49.

cases
(1) This section shall apply to and in respect of—
(a) every society for the repayment of any loan
to which the Treasurer of Victoria has
executed a guarantee under this Act; and

68
 s. 49A

(b) every society with which the Treasurer of

Victoria has entered into an agreement of
indemnity under this Act.
(2) The said Treasurer may, from time to time, by
notification published in the Government Gazette,
appoint a person to be a director of any society to
which this section applies and may by the like
notification remove any such director.
(3) The provisions of this Act (other than this section)
and of the rules of the society relating to the
qualification disqualification remuneration
removal from office and term of office of
directors and to the vacation of office by directors
shall not apply to or in respect of a director
appointed under this section.
(4) A director appointed under this section shall hold
office as an additional director and shall not be
counted in ascertaining the number of directors for
the election of whom provision is made in the
rules of the society.
(5) Subject to subsection (3) of this section a director
appointed under this section shall have all the
powers, rights, authorities, functions, privileges,
immunities, duties, obligations, and liabilities of a
director elected in accordance with the rules of the
society.
S. 49(6) (6) A director appointed under this section shall,
amended by
No. 46/1998 unless he is an employee in the public service, be
s. 7(Sch. 1). paid such fees as are prescribed by the regulations.
S. 49A 49A Appointment of administrator
inserted by
No. 36/1990
s. 17.
(1) The registrar, with the approval of the Minister,
may appoint an administrator to conduct the
affairs of a society as provided in this section.
(2) The registrar must not appoint an administrator
unless—

69
 (a) the registrar has certified that any one or
more of the events specified in
subsection (17) has occurred; or
(b) the registrar is satisfied that it is in the
interests of the public or of members or
creditors of the society that the affairs of the
society should be conducted by an
administrator.
(3) The registrar must not certify under subsection (2)
unless the ground or matter to be certified has
been proved to his or her satisfaction.
(4) Upon the appointment of an administrator of a
society—
(a) the directors of the society cease to hold
office; and
(b) all contracts of employment with, or for the
provision of secretarial or administrative
services to, the society are voidable by the
administrator.
(5) An administrator of a society—
(a) has the powers, authorities, duties and
functions of the board of directors of the
society including, without limiting the
generality of the foregoing, the board of
directors' powers of delegation; and
(b) must observe any relevant law, regulation or
industrial award in respect of the giving of
notice and the provision of termination or
other entitlements to employees.
(6) Except as provided by subsection (10), no
appointment or election of a director of the society
may be made while the administrator is in office.
(7) An administrator holds office until his or her
appointment is revoked.

70
s. 49A

(8) Upon revocation of his or her appointment, an

administrator must prepare and submit forthwith a
report to the registrar showing how the
administration was conducted and, for that
purpose, an administrator has access to the records
and documents of the society.
(9) Upon completion of the report and accounting
fully in respect of the administration to the
satisfaction of the registrar, the administrator is
released from any further liability to account in
respect of the administration, other than on
account of fraud or dishonesty.
(10) Before revoking the appointment of an
administrator of a society, the registrar must—
(a) appoint another administrator; or
(b) ensure that directors of the society have been
elected in accordance with the rules, at a
meeting convened by the administrator in
accordance with those rules; or
(c) appoint directors of the society; or
(d) appoint a liquidator of the society.
(11) Directors elected under subsection (10)(b) or
appointed under subsection (10)(c)—
(a) take office upon revocation of the
appointment of the administrator; and
(b) in the case of appointed directors, hold office
until the annual general meeting of the
society that next succeeds revocation of that
appointment.
(12) The expenses of and incidental to the conduct of
the affairs of a society by an administrator are
payable from the funds of the society.
(13) The remuneration of an administrator who is not a
servant of the Crown is an expense referred to in

71
 s. 49A

subsection (12) and is to be fixed by the registrar.

(14) If an administrator appointed under this section is
a servant of the Crown, the reimbursement of the
Crown in an amount certified by the registrar in
respect of the remuneration of its servant is an
expense referred to in subsection (12) and is
recoverable as a debt due to the Crown.
(15) Without prejudice to his or her ability to account
under subsection (9), an administrator of a society
is not liable for any loss sustained by the society
or by any other person during his or her term of
office in respect of any act or omission by him or
her in the management of the society or otherwise
in relation to the society unless the loss was due to
his or her—
(a) misconduct or gross negligence; or
(b) his or her failure to comply with this Act or
the rules to the extent the rules are not
inconsistent with this Act.
(16) The registrar is not liable for any loss sustained by
a society or by any other person during the term of
office of an administrator, in respect of any act or
omission of the administrator in the management
of the society or otherwise in relation to his or her
conduct as administrator, whether or not the
administrator is so liable.
(17) The events referred to in subsection (2)(a) are as
follows:
(a) That the number of members of a society is
reduced to less than 3;
(b) That the society has not commenced
business within a year of registration or has
suspended business for a period of more than
six months;
(c) That the period, if any, fixed for the duration

72
 s. 50 s. 51

of the society by its rules has expired;

(d) That an event to be specified in the
certificate has occurred upon the occurrence
of which the regulations or the rules provide
that the society is to be wound up;
(e) That the society has, after notice by the
registrar of any breach of, or non-compliance
with, this Act or the rules failed, within the
time specified in the notice, to remedy the
breach or has committed any breach of a
kind specified in the notice;
(f) That there are, and have been for a period of
one month immediately before the date of
the certificate, insufficient directors of the
society to constitute a quorum as provided by
the rules.
No. 6138 s. 50. 50 Annual meeting
(1) The annual general meeting of the society shall be
held within three months after the close of the
society's financial year, or within such further
time as may be allowed by the registrar or
prescribed by the regulations.
(2) Any other meetings of the society shall be held or
may be called as prescribed by the rules of the
society.
(3) At any meeting of the society no item of business
shall be transacted unless a quorum of members
entitled under the rules to vote is present during
the time when the meeting is considering that
item, and the quorum shall be as prescribed by the
rules of the society.
No. 6138 s. 51. 51 Voting by members
(1) Except as is otherwise provided in this Act or by
the rules of the society, every question for
decision by a meeting of the society shall be

73
 s. 54

determined by a majority of the members present

in person thereat who are entitled under the rules
to vote, and unless a poll is demanded by at least
five such members the question shall be
determined on a show of hands.
(2) Every member of a society entitled under the rules
to vote shall, irrespective of the number of shares
held by him, have one vote.
52 Minutes No. 6138 s. 52.

Minutes of every meeting of the board, and of

every meeting of the society, shall be kept and
confirmed as prescribed.
53 Officers No. 6138 s. 53.

(1) A director or other officer shall not borrow from

the society, and the society shall not make any
advance to a director or other officer, except by
special resolution of the society, and if any
advance is made in contravention of this
subsection the members of the board who
authorized the advance shall be jointly and
severally liable for any loss on the advance
occasioned to the society.
(2) A director or other officer may be paid such fees
as are fixed by a general meeting of the society
but not exceeding in any case such maximum
amounts as are prescribed by the regulations.
(3) Every officer having the receipt or charge of any
money of the society shall give security as
prescribed by the regulations for rendering a just
and true account of all money received and paid
by him for the society, and for payment of all
money due from him to the society.
54 Certain dealings by directors prohibited No. 6138 s. 54.

A director or other officer of a society shall not,

except where specifically authorized by a special

74
 resolution of the society—
(a) sell any land to or act as agent for the sale of
any land to a member of the society who
proposes to pay for the same, in whole or in
part, out of an advance made by the society;
(b) undertake the erection or act as agent in
respect of the erection of any dwelling-house
for a member of the society who proposes to
pay for the same, in whole or in part, out of
an advance made by the society; or
(c) accept as payment in whole or in part of any
moneys due to him by a member of the
society the whole or part of any advance
made by the society to such member.
No. 6138 s. 55. 55 Dismissal of director after inquiry in certain cases
(1) This section shall apply to and in respect of—
(a) every society for the repayment of any loan
to which the Treasurer of Victoria has
executed a guarantee under this Act;
(b) every society with which the Treasurer of
Victoria has entered into an agreement of
indemnity under this Act; and

S. 55(1)(c) (c) every society which has obtained a loan

inserted by
No. 6618 s. 5. pursuant to any agreement made (whether
before or after the commencement of this
Act) between the Commonwealth and the
State of Victoria.
S. 55(2) (2) The Minister may appoint a person to hold an
amended by
No. 8339 inquiry and to report to him with respect to—
s. 2(1)(Sch. 2
item 2(iii)). (a) any matter relating to the carrying out of the

75
 s. 55

provisions of this Act conferring powers or

imposing duties on a society to which this
section applies; or
(b) any act or omission of any director or officer
of a society to which this section applies,
where such act or omission relates to the
carrying out of the provisions of this Act
conferring powers or imposing duties on the
society or to the office or position held by
the director or officer or to the powers or
duties of that office or position.
(3) For the purposes of any such inquiry the person S. 55(3)
amended by
holding the inquiry shall have the powers and No. 69/2009
authorities conferred on a sole commissioner by s. 54(Sch. Pt
2 item 12.1).
sections seventeen to twenty of the Evidence
(Miscellaneous Provisions) Act 1958 and the
provisions of the said Act and of any other Act or
law relating to inquiries under the said sections
shall, so far as applicable and with such
adaptations as are necessary, extend and apply to
and with respect to inquiries under this section.
(4) The Minister may, after consideration of the S. 55(4)
amended by
report of the person holding an inquiry under this No. 8339
section, direct that the office or position in a s. 2(1)(Sch. 2
item 2(iv)).
society of the director or officer to whom the
report relates shall be vacated, and that such
director shall not be eligible to hold office as a
director of that society, or (as the case may
require) that such officer shall not be eligible for
appointment or employment as an officer of that
society.
(5) The office or position shall be deemed to have S. 55(5)
amended by
become vacant as from the date upon which No. 8339
notices of the direction of the Minister, addressed s. 2(1)(Sch. 2
item 2(v)).
to the director or officer to whom the same relate
and to the society of which he is a director or an
officer, and signed by or on behalf of the Minister,

76
 s. 56

are delivered at or posted to the registered office

of the society.
No. 6138 s. 56. 56 Audit
(1) The accounts of a society shall be audited
annually or more frequently as may be prescribed
by the rules of the society.
S. 56(2) (2) The auditor must be a person registered as an
substituted by
No. 44/2001 auditor under Part 9.2 of the Corporations Act and
s. 3(Sch. approved by the registrar, but an officer of the
item 19.4).
society is not capable of being appointed its
auditor.
(3) The auditor shall have a right of access to the
books accounts vouchers and documents of the
society, and may require from the directors and
other officers such information and explanation as
may be necessary for the performance of his
duties as auditor.
(4) In making his report to the members of the society
and in signing any statement of assets and
liabilities or of accounts to be presented to the
members or transmitted to the registrar, the
auditor shall state—
(a) whether he has obtained the information and
explanation required by him;

(b) whether in his opinion the statements are

properly drawn up so as to exhibit a true and
correct view of the financial position of the
society according to the information at his
disposal and explanation given to him and as
shown by the books of the society; and
(c) whether the rules relating to the
administration of the funds of the society
have been observed.

77
 s. 57 s. 56

(5) A copy of the balance-sheet and final accounts for

the period covered by the audit, both duly audited,
together with a copy of the auditor's report to the
members of the society, shall be transmitted to
each member with the notice of the annual general
meeting, or, in the alternative, if the rules of the
society so provide, the notice of the annual
general meeting may include a notice that the
balance-sheet and final accounts as aforesaid and
the auditor's report may be inspected by members
at the office of the society for such period before
the meeting as may be prescribed by the rules.
(6) Any member may inspect his own account in the
books of the society at any reasonable time on
payment of a fee not exceeding Twenty cents
($0.20).
(7) The Treasurer may, at any time, require the S. 56(7)
substituted by
Auditor-General to audit the accounts of a society No. 93/1997
and, if so— s. 28(Sch.
item 8),
amended by
No. 53/1999
s. 26(Sch.
item 7(a)).

(a) the Auditor-General has in respect of the S. 56(7)(a)

amended by
audit all the powers conferred on the No. 53/1999
Auditor-General by any law relating to the s. 26(Sch.
item 7(b)).
audit of the Public Account; and
(b) the Auditor-General must submit a report of
the audit to the Treasurer.
57 Financial year No. 6138 s. 57.

(1) The financial year of the society shall end at the

conclusion of the last pay day of the society
before the thirtieth day of June, or with the written
approval of the registrar at any other time between
the thirty-first day of March and the thirtieth day
of June.

78
 (2) The first financial year of the society shall be
deemed to be from the date of registration of the
society to the conclusion of the said pay day, or
such other time as is approved as aforesaid, in the
following year.

Division 3—Valuations
No. 6138 s. 58. 58 Valuations of property to be made by sworn
valuators
(1) No advance to a member of a society shall be
made upon the security of any freehold property
unless a valuation of that property in accordance
with this Division of this Part is first obtained by
the board.
S. 58(2) (2) Every valuation of freehold property for the
substituted by
No. 7575 s. 4, purposes of any advance to be made by a society
amended by upon the security of that property shall be made
No. 8405
s. 7(b). by a valuator.
(3) Every valuator's report to the board on any
property shall be verified in the prescribed manner
and shall set forth full particulars with respect to
the property and the manner in which the
valuation is arrived at and such further particulars
as are prescribed.

(4) If the board is not satisfied with the accuracy of

any valuation or of any of the particulars set forth
in the valuators report, the board shall cause a
further valuation or (where the case so requires)
further valuations to be made and, where two or
more valuations have been so made, the lower or
lowest of such valuations shall be deemed the
valuation for the purposes of the advance to be
made by the society.

79
 s. 59 s. 58

(5) A valuator must not value any property offered as S. 58(5)

a security for an advance in which any of the substituted by
No. 27/2001
following persons is directly or indirectly s. 8(Sch. 6
interested— item 1.4).

(a) the valuator;

(b) the valuator's spouse or domestic partner;
(c) a relative of the valuator or of the valuator's
spouse or domestic partner.
(6) Any valuator who knowingly and wilfully—
(a) contravenes the provisions of the last
preceding subsection; or
(b) makes any false and fraudulent valuation—
shall, without prejudice to proceedings for any
other offence for which he may be liable, be guilty
of an offence against this Act and liable to a
penalty of not more than $400.
* * * * * S. 58(7)
inserted by
No. 9108 s. 3,
amended by
Nos 36/1990
s. 18, 48/1992
s. 104(e),
repealed by
No. 91/1994
s. 36(2)(b).

Division 4—Winding up, &c.

59 Winding up voluntarily or by court No. 6138 s. 59.

(1) A society may be wound up voluntarily or by the S. 59(1)

amended by
court or upon a certificate of the registrar. No. 6505 s. 2.

(2) The winding up of a co-operative housing society S. 59(2)

amended by
voluntarily or on the certificate of the registrar Nos 6455
under subsection (4) is declared to be an applied s. 2(Sch. 1 Pt
2 item 6(1)(a)),
6839
s. 4(Sch. 1
Pt 2 item 5(a)),
7388 s. 2(a),
80 9699 s. 23,
substituted by
No. 44/2001
s. 3(Sch.
item 19.5).
Corporations legislation matter for the purposes of
Part 3 of the Corporations (Ancillary
Provisions) Act 2001 in relation to the provisions
of Parts 5.5, 5.6, 5.7B, 5.8, 5.8A and 5.9 of the
Corporations Act, subject to the following
modifications—
(a) those provisions are to be read as if a
co-operative housing society were a
company;
(b) a reference in those provisions to ASIC is to
be read as a reference to the registrar;
(c) a reference in those provisions to a special
resolution is to be read as a reference to a
special resolution under this Act;
(d) a reference in those provisions to a registered
liquidator is to be read as a reference to a
person approved by the registrar under
subsection (2AA);
(e) in the case of a winding up upon the
certificate of the registrar—
(i) a reference in those provisions to the
liquidator is to be read as a reference to
the liquidator appointed under
subsection (6);
(ii) any vacancy occurring in the office of
liquidator is to be filled by appointment
by the registrar;
(iii) the winding up is deemed to commence
at the date of the certificate of the
registrar;
(f) any other modifications (within the meaning
of Part 3 of the Corporations (Ancillary
Provisions) Act 2001) that are prescribed by
the regulations.
Note

81
 s. 59

Part 3 of the Corporations (Ancillary Provisions) Act

2001 provides for the application of provisions of the
Corporations Act and Part 3 of the ASIC Act as laws of the
State in respect of any matter declared by a law of the State
(whether with or without modification) to be an applied
Corporations legislation matter for the purposes of that Part
in relation to those Commonwealth provisions.
(2AA) The registrar may approve a person to be a S. 59(2AA)
inserted by
liquidator of co-operative housing societies, No. 44/2001
having regard to the person's experience and s. 3(Sch.
item 19.5).
capacity.
(2A) In the case of a voluntary winding up of a society S. 59(2A)
inserted by
a liquidator shall be entitled to receive No. 7388
remuneration not exceeding the amount fixed by s. 2(b),
amended by
the registrar. Nos 10254
s. 43(d),
48/1992
s. 104(f).

(3) Where a society is being wound up voluntarily S. 59(3)

amended by
and a vacancy occurs in the office of liquidator Nos 6455
which in the opinion of the registrar is unlikely to s. 2(Sch. 1
Pt 3(e)), 6839
be filled in the manner provided in the s. 4(Sch. 1
Corporations Act as applying under this section Pt 3(e)), 9699
s. 23, 44/2001
the registrar may appoint a person to be liquidator. s. 3(Sch.
item 19.6).

(4) In the case of a winding up upon a certificate of

the registrar the society may be wound up if the
registrar certifies that any of the following events
has occurred, that is to say:
(a) that the number of members is reduced to S. 59(4)(a)
amended by
less than twenty and the registrar and the No. 8339
Minister are satisfied that it is desirable and s. 2(1)(Sch. 2
item 2(vi)).
expedient that the society be wound up;
(ab) that the society has no interest under any S. 59(4)(ab)
amended by
mortgage of freehold land; No. 37/1999
s. 58(Sch. 2
Pt 2 item 7).

82
 s. 59

(b) that the society has not commenced business

within a year of registration or has suspended
business for a period of more than six
months;
(c) that the specified date on which the society is
to terminate has arrived;
(d) that the specified object or specified event
upon the attainment or occurrence of which
the society is to terminate has been attained
or has occurred (as the case may be);
(e) that the registration of the society has been
obtained by mistake or fraud;
(f) that the society exists for an illegal purpose;
or
(g) that the society has wilfully and after notice
from the registrar violated the provisions of
this Act or of the regulations or of the rules
of the society.
(5) The registrar shall not so certify unless—
(a) the event has been proved to his satisfaction;
and
(b) in the case of any of the matters referred to
in paragraphs (e) (f) and (g) of the last
preceding subsection, the Governor in
Council consents to the issue of the
certificate.
(6) Where the registrar so certifies he may appoint a
person to be the liquidator of the society and such
liquidator shall give such security and be entitled
to receive such fees as are prescribed.
S. 59(7) (7) The winding up of a co-operative housing society
amended by
Nos 6455 by the court is declared to be an applied
s. 2(Sch. 1 Corporations legislation matter for the purposes of
Pt 2 item 6(1)
(b)), 6839 Part 3 of the Corporations (Ancillary
s. 4(Sch. 1 Provisions) Act 2001 in relation to the provisions
Pt 2 item
5(b)), 9699
s. 23,
substituted by
No. 44/2001 83
s. 3(Sch.
item 19.7).
 s. 59

of Parts 5.4, 5.4A, 5.4B, 5.6, 5.7B, 5.8, 5.8A

and 5.9 of the Corporations Act, subject to the
following modifications—
(a) those provisions are to be read as if a
co-operative housing society were a
company;
(b) a reference in those provisions to ASIC is to
be read as a reference to the registrar;
(c) a reference in those provisions to a registered
liquidator is to be read as a reference to a
person approved by the registrar under
subsection (2AA);
(d) a reference in those provisions to the Court is
to be read as a reference to the Supreme
Court;
(e) any other modifications (within the meaning
of Part 3 of the Corporations (Ancillary
Provisions) Act 2001) that are prescribed by
the regulations.
Note
See note under subsection (2).

(8) A co-operative housing society is declared to be S. 59(8)

amended by
an applied Corporations legislation matter for the Nos 6455
purposes of Part 3 of the Corporations s. 2(Sch. 1
Pt 2 item 6(1)
(Ancillary Provisions) Act 2001 in relation to the (d)), 6839
provisions of Part 5A.1 (Deregistration) of the s. 4(Sch. 1
Pt 2 item
Corporations Act, subject to the following 5(c)), 9699
modifications— s. 23, 37/1999
s. 58(Sch. 2
Pt 2 item 8),
(a) those provisions are to be read as if a substituted by
co-operative housing society were a No. 44/2001
s. 3(Sch.
item 19.8).

84
 s. 60

company;
(b) a reference in those provisions to ASIC is to
be read as a reference to the registrar;
(c) a reference in those provisions to a director
of a company is to be read as a reference to
an officer of a co-operative housing society;
(d) any other modifications (within the meaning
of Part 3 of the Corporations (Ancillary
Provisions) Act 2001) that are prescribed by
the regulations.
Note
See note under subsection (2).
S. 59(9) (9) In this section the court means the Supreme
amended by
No. 110/1986 Court.
s. 140(2).

No. 6138 s. 60. 60 Liability of members and past members in winding

up
(1) Where a society is being wound up, every present
and past member of the society shall be liable to
contribute to the assets of the society up to the
amount, if any, unpaid on the shares in respect of
which he is liable as a present or past member
together with any charges payable by him to the
society, for payment of the debts and liabilities of
the society and the costs charges and expenses of
the winding up and for payment of such sums as
may be required for the adjustment of the rights of
the contributories among themselves, with the
qualifications set out in this section:
Provided that in the winding up of any society a
member shall not be liable to pay the amount
unpaid on the shares in respect of which he is
liable except at the time or times and subject to
the conditions expressed in the rules of the society
relating to the payment of share capital by

85
 s. 60

instalments and, where an advance has been made,

in the mortgage securing the advance.
(2) A past member shall not be liable to contribute to
the assets of the society if he has ceased to be a
member for one year or upwards before the
commencement of the winding up.
(2A) A past member is not liable to contribute to the S. 60(2A)
inserted by
assets of the society in respect of any debt or No. 37/1999
liability to the society under a mortgage given by s. 58(Sch. 2
Pt 2 item 9).
the member to the society that has been assigned
or transferred by the society.
(3) A past member shall not be liable in respect of
any debt or liability of the society contracted after
the time at which he ceased to be a member.
(4) A past member shall not be liable to contribute
unless it appears that the existing members are
unable to make the contributions required to be
made by them in order to satisfy all just demands
upon the society.
* * * * * S. 61
repealed by
No. 37/1999
s. 58(Sch. 2
Pt 2 item 10).

_______________

86
 s. 62

PART IV—ADMINISTRATION

Division 1—Registry
S. 62 62 Employment of Registrar
amended by
Nos 6821
s. 8(a)(b),
There is to be employed under Part 3 of the
10087 s. 3(1) Public Administration Act 2004 a Registrar of
(Sch. 1 item
18), repealed
Co-operative Housing Societies for the purposes
by No. of this Act.
48/1992
s. 99(a),
new s. 62
inserted by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 9),
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 42).

S. 62A 62A Registrar's functions

inserted by
No. 37/1999
s. 58(Sch. 2
(1) Subject to this Act, the Registrar is responsible for
Pt 1 item 9). 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 an arrangement or
agreement with the Australian Prudential
Regulation Authority or any other person or body.
S. 62B 62B Delegation by Registrar
inserted by
No. 37/1999
s. 58(Sch. 2
The Registrar may by instrument delegate to any
Pt 1 item 9). employee of the public service or, with the
approval of the Minister, any other person any of
the Registrar's functions or powers under this Act,
other than this power of delegation.

87
 s. 63

63 Documents to be kept in office of registrar No. 6138 s. 63.

All certificates rules and documents required to be

registered under this Act or to be transmitted to
the registrar for record shall be kept in the office
of the registrar.
64 Payments to be made for giving of information No. 6138 s. 64.
S. 64
The Minister may, on the recommendation of the amended by
Nos 8339
Commission under this Act, authorize the s. 2(1)(Sch. 2
payment of amounts for the purpose of meeting item 2(vii)),
10254
expenses relating to the dissemination of s. 43(d),
information concerning the formation registration 48/1992
s. 102(a),
and operation of co-operative housing societies. 43/1995 s. 15.

65 Power to registrar to require evidence No. 6138 s. 65.

(1) On any application for registration of a society or

of any rule or document under this Act the
registrar may require from the applicant such
information and evidence as is reasonable in order
to show that the application should be granted.
(2) The registrar may require from any society such
information and evidence as is reasonable in order
to show that the society is bona fide carrying on
business in accordance with the provisions of this
Act.
(3) The registrar may require from a society such
evidence as he thinks proper of all matters
required to be done and of the particulars in any
document required to be transmitted to him under
this Act.
66 Inspection of books No. 6138 s. 66.

(1) The registrar may inspect, or may authorize in S. 66(1)

amended by
writing any officer employed in or in connexion No. 46/1998
with the office of the registrar or any employee of s. 7(Sch. 1).

the public service or any accountant or actuary to

inspect, any minutes registers books and
documents of any society.

88
 s. 67

(2) The registrar or any person so authorized may

require any director or officer of the society to
produce to him all the minutes registers books and
documents of the society, and any person so
required who fails without reasonable excuse to
comply with the requirement shall be guilty of an
offence against this Act and liable to a penalty of
not more than $200.
S. 66(3) (3) Any authorised deposit-taking institution in which
amended by
No. 11/2001 a society keeps an account shall, when so required
s. 3(Sch. in writing by the registrar, furnish to the registrar
item 15.2).
a statement of such account and any other
particulars required by the registrar to be so
furnished.
S. 66(4) (4) No authorised deposit-taking institution shall
amended by
No. 11/2001 incur any liability, whether in respect of any
s. 3(Sch. breach of trust or otherwise, by reason only of the
item 15.2).
furnishing of any statement or particulars pursuant
to this section.
No. 6138 s. 67. 67 Special general meeting or inquiry
(1) The registrar shall on the application of a majority
of the board or of not less than one-third of the
members of any society—
(a) call a special general meeting of the society;
or
(b) hold an inquiry into the affairs of the society.
(2) The application shall be supported by such
evidence as the registrar directs for the purpose of
showing that the applicants have good reason for
requiring the meeting or inquiry, and that the
application is made without malicious motive.
(3) Such notice of the application shall be given to the
society as the registrar directs.
(4) The applicants shall give such security for the
expenses of the meeting or inquiry as the registrar

89
 s. 68

directs.
(5) The registrar may direct at what time and place
any such meeting is to be held and what matters
are to be discussed and determined at the meeting,
and shall give such notice to members of the
holding of such meeting as he deems fit
notwithstanding any provision in the rules of the
society as to the giving of such notice.
(6) The meeting shall have all the powers of a
meeting called in accordance with the rules of the
society, and shall have power to appoint its own
chairman, notwithstanding any rule of the society
to the contrary.
(7) The registrar may appoint an inspector for the
purpose of any such inquiry.
(8) All expenses of and incidental to the meeting or S. 67(8)
amended by
inquiry shall be defrayed by the applicants or out Nos 16/1986
of the funds of the society or by any officer or s. 30, 57/1989
s. 3(Sch.
member or former officer or member of the item 33.2).
society as the registrar directs, or in any two or
more of such ways in such proportions as the
registrar directs, and may be recovered in the
Magistrates' Court as a civil debt recoverable
summarily or in any other competent court.
68 Inquiry by registrar or inspector No. 6138 s. 68.

(1) The registrar may without any application hold an

inquiry or appoint an inspector to hold an inquiry
into the affairs of any society.
(2) Upon the completion of any inquiry under this
section or the last preceding section the registrar
may if he thinks fit call a special general meeting
of the society.
(3) The provisions of subsections (5), (6), and (8) of
the last preceding section shall so far as applicable
apply to and with respect to any such meeting.

90
 s. 69

No. 6138 s. 69. 69 Powers of registrar or inspector upon inquiry

S. 69
amended by For the purposes of any inquiry into the affairs of
No. 69/2009 a society the registrar or any inspector appointed
s. 54(Sch. Pt
2 item 12.1). for the purpose shall have the powers and
authorities conferred by sections fourteen to
sixteen of the Evidence (Miscellaneous
Provisions) Act 1958 upon a board appointed by
the Governor in Council and upon the chairman of
such a board, and the provisions of the said Act or
any other Act or law relating to an inquiry under
the said sections shall, so far as applicable and
with such adaptations as are necessary, extend and
apply to and with respect to any such inquiry into
the affairs of a society.
S. 70 70 Public office of Registrar and inspection of
repealed by
No. 48/1992 documents
s. 104(g),
new s. 70 (1) The Registrar must maintain a public office.
inserted by
No. 37/1999 (2) Any person may on payment of the prescribed fee
s. 58(Sch. 2
Pt 1 item 10). —
(a) inspect at the office of the Registrar the
certificate of registration and rules of any
society and information and returns
submitted under section 41(1) or (2);
(b) obtain from the Registrar a certified copy of
the certificate of registration of any society, a
certified copy of the rules, or of any part of
the rules, of any society or a copy of any
information or return submitted under
section 41(1) or (2) or of any part of such
information or return;

(c) with the permission of the Registrar, inspect

at the office of the Registrar and obtain from
the Registrar a certified copy of the whole or
any part of any other registered document.

91
 s. 70A

70A Power of Registrar to reject documents etc. S. 70A

inserted by
(1) If the Registrar is of the opinion that a document No. 37/1999
submitted to the Registrar— s. 58(Sch. 2
Pt 1 item 10).
(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) because of an omission or misdescription,
has not been duly completed; or
(d) does not comply with the requirements of
this Act; or
(e) contains an error, alteration or erasure—
the Registrar may refuse to register, or may reject,
the document and may request—
(f) that the document be appropriately amended
or completed and resubmitted; or
(g) that a fresh document be submitted in its
place; or
(h) if the document has not been duly
completed, that a supplementary document
be submitted.
(2) The Registrar may require a person who submits a
document to the Registrar to produce another
document, or to give any information, that the
Registrar considers necessary in order to form an
opinion whether the Registrar should refuse to
register or should reject the document.
* * * * * S. 71
amended by
No. 8339
s. 2(1)(Sch. 2
item 2(viii)),
repealed by
No. 48/1992
s. 99(b).

92
 s. 71A

Division 1A—Examiners
Pt 4 Div. 1A
(Heading and
ss 71A–71C)
inserted by
No. 48/1992
s. 100.
S. 71A 71A Appointment of examiners
inserted by
No. 48/1992
s. 100.

S. 71A(1) (1) The Registrar may appoint an examiner to

amended by
No. 37/1999 investigate any of the following and report to the
s. 58(Sch. 2 Registrar—
Pt 1 item 11).
(a) any matter relating to a report by an auditor;
(b) any matter relating to the compliance of a
society with this Act.
(2) An examiner has the powers specified in
section 71B.
S. 71A(3) (3) The Registrar has the same powers as an
amended by
No. 37/1999 examiner.
s. 58(Sch. 2
Pt 1 item 12).

S. 71B 71B Powers of examiners

inserted by
No. 48/1992
s. 100.
(1) An examiner in relation to an investigation being
carried out by the examiner—
(a) may administer an oath or affirmation;
(b) may require by notice in writing a person to
attend at a time and place specified in the
notice;
(c) may require a person attending at a specified
time and place to answer any question put by
the examiner;
(d) may require a person attending at a specified
time and place to produce for inspection any
documents of a society which the examiner
believes on reasonable grounds are in the

93
 s. 71B

person's custody or control and relate to the

investigation;
(e) may exercise any power conferred on the S. 71B(1)(e)
amended by
Registrar under section 66 or an investigator No. 37/1999
under section 69. s. 58(Sch. 2
Pt 1 item 13).

(2) A person is not excused from answering a

question asked by an examiner on the ground that
the answer might tend to incriminate the person.
(3) If before answering a question, a person claims
that the answer might tend to incriminate him or
her, the question and the answer are not
admissible in evidence against the person on any
criminal proceedings other than proceedings under
section 71C or in relation to a charge of perjury in
respect of the answer.
(4) An examiner may direct that a record of an S. 71B(4)
amended by
examination must be recorded or transcribed in No. 69/2009
any manner that is authorised by Part VI of the s. 54(Sch. Pt
2 item 12.1).
Evidence (Miscellaneous Provisions) Act 1958.
(5) Except as otherwise provided in subsection (5), a
record of an examination may be used in any legal
proceedings against the person who is examined.
(6) This section does not affect or limit the
admissibility of other written or oral evidence.
(7) A person is entitled, on written request, to a free
copy of the record of his or her examination.
(8) If a report is made, any record of examination that
relates to that report must be given with it.
(9) The Registrar may give a copy of the record of S. 71B(9)
amended by
examination to an Australian legal practitioner Nos 37/1999
(within the meaning of the Legal Profession Act s. 58(Sch. 2
Pt 1 item 13),
2004) who the Registrar is satisfied is acting for a 18/2005
person who is conducting, or is in good faith s. 18(Sch. 1
item 18(a)).
contemplating, legal proceedings in respect of any

94
 s. 71C

affairs of a society that are being investigated by

an examiner.
S. 71B(10) (10) An Australian legal practitioner may only use a
amended by
No. 18/2005 copy of the record of examination in connection
s. 18(Sch. 1 with the institution or preparation of legal
item 18(b)).
proceedings, and in the course of those
proceedings, and must not publish or
communicate to any person for any other purpose
the record or any part of the record.
P 10 penalty units or imprisonment for
3 months.
S. 71C 71C Offences in relation to examiners
inserted by
No. 48/1992
s. 100.
A person must not—
(a) without reasonable excuse, refuse or fail to
comply with a requirement made under
section 71B; or
(b) obstruct or hinder an examiner acting in the
course of his or her powers; or
(c) assault, intimidate or threaten or attempt to
assault, intimidate or threaten an examiner
acting in the course of his or her powers.
P 200 penalty units or imprisonment for
5 years or both.

Pt 4 Div. 2
(Heading and Division 2—Co-operative Housing Societies Advisory
s. 72)
amended by
Committee
Nos 6821 s. 9,
7983 s. 3(a)(b)
(i)(ii), 8339
s. 2(1)(Sch. 2
item 2(ix)(x)),
8462 s. 2(1),
10254 s. 43
(a)–(c)(e)(f),
36/1990
s. 19(b)(c),
substituted as
Pt 4 Div. 2
(Heading and
ss 72, 72A) by
No. 48/1992 95
s. 101.
 s. 72

72 The Committee No. 6138 s. 72.

S. 72
(1) There is established by this Act a Committee by substituted by
No. 48/1992
the name of the Co-operative Housing Societies s. 101.
Advisory Committee.
(2) The Committee is to consist of 8 members
appointed by the Minister of whom—
(a) 4 must be persons who are representatives of
the co-operative housing society industry;
and
(b) 4 must be persons whom the Minister
considers have skills, experience or
knowledge of co-operative housing societies
necessary to enable the Committee to
perform its functions.
(3) The Minister must appoint the members specified
under subsection (2)(a) from a panel of names of
persons submitted at the invitation of the Minister
by a body or organisation which the Minister
considers represents the co-operative housing
society industry.

(4) A submission under subsection (3) must—

(a) be made in writing so as to reach the
Minister on or before the date determined by
the Minister as the last date for the
submission; and
(b) contain at least 6 names.

96
s. 72

(5) The failure to make a submission does not

preclude the Minister from making an
appointment under subsection (2).
(6) The Minister must appoint a member to be the
Chairperson of the Committee who must preside
at any meeting at which he or she is present.
(7) If the Chairperson is not present at the time fixed
for the commencement of a meeting of the
Committee, the members present at the meeting
must elect a member to preside.
(8) The Minister may appoint a deputy member to
attend a meeting of the Committee at which a
member is unable to be present.
(9) The members and the deputy members of the
Committee hold office at any time for the period
that the Minister decides, and may be removed
from office at any time by the Minister.
(10) Meetings of the Committee may be convened by
the Chairperson or by any 2 members.
(11) A quorum of the Committee is 4.
(12) If votes are equal, the person who is presiding at
the meeting has a casting vote.

(13) A member or deputy other than a member or

deputy who is an officer or employee who holds a
full-time government office or a full-time office
with a statutory corporation may be paid—
(a) remuneration as is specified in the
instrument of appointment or as may be
fixed from time to time by the Governor in

97
 s. 72A

Council; and
(b) travelling and other allowances and expenses
as may be fixed from time to time by the
Governor in Council.
(14) A representative of the Commission is entitled to
attend (but not vote) at a meeting of the
Committee.
72A Functions of Committee New s. 72A
inserted by
No. 48/1992
The Committee— s. 101.

(a) may submit recommendations to the Minister S. 72A(a)

amended by
and the Registrar for the more effective No. 37/1999
operation of societies and in respect of s. 58(Sch. 2
Pt 1 item 14).
proposed regulations; and
(b) may report on any other matters that relate to
societies that are referred to it by the
Minister; and
(c) may tender advice to the Registrar on any S. 72A(c)
amended by
matters that are referred to it by the No. 37/1999
Registrar. s. 58(Sch. 2
Pt 1 item 14).

Pt 4 Div. 3
Division 3—General (Heading and
s. 72B)
inserted by
No. 37/1999
s. 58(Sch. 2
Pt 1 item 15).

72B Secrecy New s. 72B

inserted by
No. 37/1999
(1) A person to whom this section applies must not, s. 58(Sch. 2
except to the extent necessary to carry out that Pt 1 item 15).

98
 s. 72B

person's duties, give to any other person any

information of which that person has knowledge
through the carrying out of those duties or make
use of that information except in the course of
carrying out those duties.
P $2000 or imprisonment for one year or
both.
(2) Nothing in subsection (1) precludes a person to
whom this section applies from—
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this Act; or
(b) divulging or communicating to a court in the
course of any proceedings referred to in
paragraph (a) any matter or thing coming
under the notice of the person in the
performance of official duties or in the
performance of a function or the exercise of
a power referred to in subsection (1); or
(c) producing a document or divulging or
communicating information to—
(i) the Minister or a nominee of the
Minister; or
(ii) the Registrar; or

(iii) a person appointed or employed by the

Registrar for the purpose of carrying
out the duties of the Registrar under
this Act; or
S. 72B(2)(c) (iv) the Director of Consumer Affairs
(iv)
substituted by Victoria; or
No. 35/2000
s. 44,
amended by
No. 30/2003
s. 83.

99
 s. 72B

(v) the Commissioner of Corporate Affairs;

or
(vi) the Commissioner, Second
Commissioner or a Deputy
Commissioner under any law of the
Commonwealth relating to taxation or
to any person authorised by the
Commissioner or Second
Commissioner or a Deputy
Commissioner; or
(vii) the Commissioner of State Revenue; or
(viii) the Commissioner or any other officer
of any State or Territory of the
Commonwealth administering any law
of that State or Territory relating to
taxation or to any person authorised by
the Commissioner or any other officer;
or
(ix) the Treasurer or a nominee of the
Treasurer; or
(x) any special commission (within the
meaning of the Evidence
(Commissions) Act 1982) where—
(A) the Registrar has received a
request in writing for information
from a special commission; and
(B) the Minister has given written
approval to the Registrar of the
communication of that
information; and
(C) the Registrar has given to that
person written approval of the
communication of that
information; or
(xi) a member of the police force engaged

100
 s. 72B

in his or her official duties; or

(xii) the Australian Securities and
Investments Commission; or
(xiii) the Australian Prudential Regulation
Authority; or
(d) producing a document or divulging or
communicating information that is required
or permitted by any Act to be produced,
divulged or communicated, as the case may
be, if, where the document or information
relates to the personal affairs of another
person, that other person has given consent
in writing; or
(e) producing to the committee established
under section 72 such statistical or general
information as the person considers
appropriate.
(3) This section applies to—
(a) the Registrar;
(b) a member of the staff of the Registrar;
(c) APRA;
(d) a person appointed or employed by the
Registrar for the purpose of carrying out the
duties of the Registrar under this Act;

(e) the committee established under section 72;

(f) a member of the committee established
under section 72.
_______________

Pt 4A * * * * *
(Heading and
ss 72A, 72B)
inserted by
No. 8206
s. 14(1),
repealed by
No. 10020
s. 3(1).
101
 s. 72B

_______________

102
 s. 73

PART V—GOVERNMENT GUARANTEES AND

INDEMNITIES

Division 1—Guarantees
No. 6138 s. 73. 73 Treasurer's guarantees
S. 73(1) (1) The Treasurer of Victoria may, with the approval
amended by
No. 119/1986 of the Governor in Council, execute a guarantee in
s. 142(Sch. 2 favour of any authorised deposit-taking institution
item 3) (as
amended by or of any other person or body corporate or
No. 36/1990 unincorporate (including any trustee), approved
s. 23(c)),
substituted by by the Treasurer of Victoria, (in this Division
No. 37/1999 referred to as an approved body), guaranteeing the
s. 58(Sch. 2
Pt 1 item 16), repayment of any loan to be made by the
amended by authorised deposit-taking institution or approved
No. 11/2001
s. 3(Sch. body to any society registered under this Act.
item 15.4).

(2) No guarantee shall be executed pursuant to this

Division of this Part guaranteeing the repayment
of any loan to be made to a society unless the
society has first entered into an agreement with
the Treasurer of Victoria with respect to the
conduct of the affairs of the society while the
guarantee is in force and containing such
provisions and conditions as are prescribed or as
the Treasurer of Victoria thinks fit, and in
particular, a condition that while the guarantee is
in force—
(a) the society will not make to any member any
advance the amount of which, reduced by the
value of the share capital of that member,
exceeds eighty per centum of the value of the
land and the dwelling-house erected or to be
erected thereon which comprise the security
for such advance unless the Treasurer of
Victoria has entered into an agreement of

103
 s. 74

indemnity under Division two of this Part in

respect of that advance to that member; and
(b) the society will not make to any member, in
respect of whom such an agreement of
indemnity has been entered into, any
advance the amount of which, reduced by the
value of the share capital of the member,
exceeds ninety-five per centum of the value
of the land and the dwelling-house erected or
to be erected thereon which comprise the
security for such advance.
(3) For the purposes of the last preceding subsection S. 73(3)
amended by
the value of the share capital of a member of any No. 10254
society shall be ascertained in such manner as the s. 43(d).

Victorian Co-operative Housing Council directs.

74 Provisions relating to guarantees No. 6138 s. 74.

The following provisions shall apply to and in

respect of any guarantee authorized to be executed
by this Division of this Part—
(a) the guarantee shall be in such form and
subject to such terms and conditions as are
prescribed or as the Treasurer of Victoria
determines;
(b) the guarantee may include the interest S. 74(b)
amended by
charges and expenses chargeable by the No. 11/2001
authorised deposit-taking institution or s. 3(Sch.
item 15.5(a)).
approved body (as the case may be) against
the principal debtor in the usual course of its
business and the expenses of enforcing or
obtaining or endeavouring to enforce or
obtain payment of the debt guaranteed and
such interest charges and expenses;
(c) the authorised deposit-taking institution or S. 74(c)
amended by
approved body (as the case may be) shall Nos 37/1999
obtain take and hold such securities (if any) s. 58(Sch. 2
Pt 1 item 17),
for the payment of the principal debt as the 11/2001
s. 3(Sch.
item 15.5(b)).

104
 s. 74

Treasurer of Victoria may require;

S. 74(d) (d) the guarantee shall not be enforceable

amended by
Nos 10087 against the Treasurer of Victoria or against
s. 3(1)(Sch. 1 the Consolidated Fund unless and until the
item 19),
37/1999 authorised deposit-taking institution or
s. 58(Sch. 2 approved body (as the case may be) has fully
Pt 1 item 17),
11/2001 exercised its rights and remedies under all
s. 3(Sch. securities (other than the guarantee itself)
item 15.5(b)).
held by or for it in respect of the debt
guaranteed, or unless the authorised deposit-
taking institution or approved body (as the
case may be) has under the provisions of the
securities executed by the society in favour
of the authorised deposit-taking institution or
approved body (as the case may be) or of any
of such securities become entitled to appoint
a receiver of the undertaking and assets of
the society; and
S. 74(e) (e) the authorised deposit-taking institution or
amended by
Nos 37/1999 approved body (as the case may be) shall not
s. 58(Sch. 2 without the consent in writing of the
Pt 1 item 17),
11/2001 Treasurer of Victoria assign or encumber the
s. 3(Sch. benefit of the guarantee.
item 15.5(b)).

No. 6138 s. 75. 75 Aggregate liability under guarantees

105
 s. 75

(1) The Treasurer of Victoria shall not execute any S. 75(1)

guarantee under this Division of this Part where amended by
Nos 6446 s. 2
such guarantee would involve him in a liability (as amended
which when added to the total liabilities subsisting by No. 6489
s. 4(Sch.
in respect of other guarantees executed under this item 11)),
Division of this Part would in the aggregate 6687 s. 2,
7030 s. 2,
exceed the amount of $1 000 000 000. 7464 s. 2,
8298 s. 5,
9108 s. 2,
10/1989 s. 3,
30/1990 s. 3,
48/1992
(2) Such sums as may from time to time become due S. 75(2) s. 103.
amended by
and payable by the Treasurer of Victoria under Nos 10087
any guarantee authorized by this Division of this s. 3(1)(Sch. 1
item 19),
Part shall be paid out of the Consolidated Fund 74/2000
(which is hereby to the necessary extent s. 3(Sch. 1
item 27).
appropriated accordingly).
75A Execution of guarantees and entering into of S. 75A
inserted by
agreements No. 9776
s. 2(b).
(1) Any guarantee or agreement authorized by this
Division of this Part to be executed or entered into
by the Treasurer of Victoria (in this section
referred to as the Treasurer) may be executed or
entered into for and on behalf of the Treasurer by
any other person whom the Treasurer may
authorize in writing either generally or in any
particular case so to do.
(2) The Treasurer shall cause to be published in the
Government Gazette notice of the authorization
under subsection (1) of any person to execute a
guarantee or enter into an agreement for and on
behalf of the Treasurer.

(3) A guarantee executed or agreement entered into

by a person for and on behalf of the Treasurer
pursuant to subsection (1) shall be deemed to have

106
 s. 76 s. 76

been executed or entered into by the Treasurer.

(4) All courts shall take judicial notice of the
signature to a guarantee or agreement (being a
guarantee or agreement that is authorized by this
Division of this Part to be executed or entered into
by the Treasurer) of any person who is or has been
authorized by the Treasurer under subsection (1)
to execute the guarantee or enter into the
agreement for and on behalf of the Treasurer.

Division 2—Indemnities
No. 6138 76 Treasurer's indemnity against loss
s. 76.
S. 76(1) (1) Where a society proposes to make an advance to a
substituted by
Nos 6909 s. 3, member upon the security of any land and a
7097 s. 7, dwelling-house erected or to be erected thereon
amended by
Nos 7225 s. 2, and the amount of the advance less the value of
7521 s. 2(a)(b), the share capital of the member does not exceed
substituted by
No. 7983 s. 4, an amount to be determined from time to time by
amended by the Governor in Council then the Treasurer of
Nos 8462 s. 3,
8543 s. 4, Victoria may enter into an agreement with the
8586 s. 2, society proposing to make the advance and may
8786 s. 5(a),
8882 s. 2, by such agreement undertake to indemnify the
9601 s. 2. society against such of the loss sustained by the
society in respect of that advance as is directly
attributable to the fact that the amount of the
advance reduced by the value of the share capital
of the member exceeded eighty per centum of the
value of the security.
S. 76(1A) (1A) For the purposes of subsection (1) of this section
inserted by
No. 6909 s. 3, the value of the land and dwelling-house which is
amended by proposed as the security for an advance shall be
Nos 10254
s. 43(d), ascertained in such manner as the Registrar
48/1992 directs.
s. 102(b),
37/1999
s. 58(Sch. 2
Pt 1 item 18).

107
 s. 77

(2) Any such agreement shall operate and have effect S. 76(2)
until the mortgage given by the member to the amended by
No. 37/1999
society is assigned or transferred by the society or s. 58(Sch. 2
the registrar certifies to the Treasurer of Victoria Pt 2 item 11).

that the amount owing to the society by the

member in respect of the advance to which the
agreement relates, reduced by the value of the
share capital of the member, is not more than
sixty-six and two-thirds per centum of the value of
the land and dwelling-house as ascertained in
accordance with the last preceding subsection.
(3) The value of the share capital of a member of any S. 76(3)
amended by
society shall, for the purposes of this Division of Nos 10254
this Part, be calculated in such manner as the s. 43(d),
48/1992
Registrar directs. s. 102(b),
37/1999
s. 58(Sch. 2
Pt 1 item 18).

(4) Any direction given under the last preceding

subsection shall be given in relation to the society
specified in the direction and shall not be altered
while any agreement with that society under this
Division of this Part has effect.

77 Aggregate liability under indemnities No. 6138 s. 77.

(1) The Treasurer of Victoria shall not enter into any S. 77(1)
amended by
agreement under this Division of this Part where Nos 8160 s. 2,
the agreement would involve him in a liability 8298 s. 6,
8586 s. 3,
which when added to the total liabilities subsisting 8786 s. 5(b),
in respect of other agreements entered into under 8882 s. 3,
9206 s. 2,
this Division of this Part would in the aggregate 9601 s. 3,
10254 s. 44.

108
 s. 77A

exceed the amount of $30 000 000 or such other

amount as is prescribed by regulation.
S. 77(2) (2) Such sums as may from time to time become due
amended by
No. 10087 and payable by the Treasurer of Victoria under
s. 3(1)(Sch. 1 any agreement authorized by this Division of this
item 19).
Part shall be paid out of the Consolidated Fund
(which is hereby to the necessary extent
appropriated accordingly).
S. 77A 77A Entering into of agreements
inserted by
No. 9776
s. 2(c).
(1) Any agreement authorized by this Division of this
Part to be entered into by the Treasurer of Victoria
(in this section referred to as the Treasurer) may
be entered into for and on behalf of the Treasurer
by any other person whom the Treasurer may
authorize in writing either generally or in any
particular case so to do.
(2) The Treasurer shall cause to be published in the
Government Gazette notice of the authorization
under subsection (1) of any person to enter into an
agreement for and on behalf of the Treasurer.
(3) An agreement entered into by a person for and on
behalf of the Treasurer pursuant to subsection (1)
shall be deemed to have been entered into by the
Treasurer.

(4) All courts shall take judicial notice of the

signature to an agreement (being an agreement
that the Treasurer is authorized by this Division of
this Part to enter into) of any person who is or has
been authorized by the Treasurer under
subsection (1) to enter into the agreement for and
on behalf of the Treasurer.
_______________

109
 s. 78

PART VI—MISCELLANEOUS

Division 1—Evidence

78 Certificates No. 6138 s. 78.

(1) Any certificate of incorporation given by the

registrar shall be received in evidence as if it were
the original certificate.
(2) Every certificate of incorporation or other official
document relating to a society signed by or
bearing the seal of the registrar shall be received
in evidence without further proof.
(3) Judicial notice shall 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.
(4) The provisions of this section shall extend to any
copy of the rules of a society certified by the
registrar to be a true copy of its registered rules.
79 Rules No. 6138 s. 79.

A printed copy of the rules of a society purporting

to be certified by the secretary of the society to be
a true copy of its registered rules shall be prima
facie evidence of the rules.
80 Registers No. 6138 s. 80.

The register of directors members and shares of a

society shall be prima facie evidence of the
particulars directed or authorized by or under this
Act to be inserted therein.

110
 s. 81

No. 6138 s. 81. 81 Minutes

(1) Every entry in the minutes purporting to be a
minute of the business transacted at a meeting of a
society or of the board, and to be signed by the
chairman at a subsequent meeting, shall be prima
facie 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 society
to the effect that a resolution was carried, or was
lost, shall be prima facie evidence of the fact
without proof of the number or proportion of
votes recorded for or against the resolution.
No. 6138 s. 82. 82 Entries in books
A copy of any entry in a book of a society
regularly kept in the course of business shall, if
certified by statutory declaration of the secretary
to be a true copy of the entry, be received in
evidence in any case where and to the same extent
as the original entry itself is admissible.
No. 6138 s. 83. 83 Saving
The provisions of this Division of this Part shall
be read and construed as in aid of and not in
derogation from any other Act or law relating to
evidence judicial notice or the proof of
documents.

Division 2—Offences
No. 6138 s. 84. 84 Failure to display name, keep rules, give returns or
information
(1) A society shall be guilty of an offence, if it fails—
(a) to paint or affix or to keep painted or affixed
the name of the society on the outside of its
office as required by this Act;

111
 s. 85

(b) to keep any register or account, or to make

any entry therein, as required by or under
this Act;
(c) to have at its office and open to inspection a
copy of this Act and the regulations, or of the
rules, or of the last balance-sheet and final
accounts together with the report of the
auditor, or any register, as required by this
Act; or
(d) to transmit to the registrar any notice or
return as required by this Act.
(2) A society shall be guilty of an offence if it refuses
or fails to furnish within the specified time any
information lawfully required by the registrar or
by any other person authorized in that behalf
under this Act.
(3) Where the society is guilty of any offence under
this section, the society and every director or
officer of the society who knowingly and wilfully
authorizes or permits the default shall be liable to
a penalty of not more than $10 for every day
during which the default continues.
85 Acting as director after office vacated No. 6138 s. 85.

Any person who knowingly continues to exercise

the powers of a director of a society after his
office as director has been vacated and any
director of a society who knowingly permits or
suffers any such person to exercise the powers of
a director shall be guilty of an offence and liable
to a penalty of not more than $200.

112
 s. 86

No. 6138 s. 86. 86 Carrying on unlawful business

(1) A society shall be guilty of an offence if it
contravenes any restriction imposed by this Act or
the regulations or its rules on its power to carry
out business, and, in particular, if it raises money
on loan or makes any advance except as
authorized by this Act and the regulations and its
rules.
(2) Where the society is guilty of any offence under
this section, the society shall be liable to a penalty
of not more than $200 and every director or
officer who knowingly and wilfully authorizes or
permits such contravention shall be guilty of an
offence and liable to a penalty of not more than
$100.
No. 6138 s. 87 87 Carrying on business with too few members
S. 87
substituted by Where the number of members of a society is
No. 7097 s. 8,
amended by reduced below twenty every director of the society
No. 37/1999 shall while the number remains so reduced
s. 58(Sch. 2
Pt 2 item 12). comply with all directions of the registrar.
No. 6138 s. 88. 88 Using wrong name
(1) If a society in any manner uses any name other
than its registered name, it shall be guilty of an
offence and liable to a penalty of not more than
$10 for every day during which the offence
continues.
(2) If an officer of a society or a person on its behalf
issues or authorizes the issue of any notice
advertisement or other official publication of the
society, or signs or authorizes to be signed on
behalf of the society any bill of exchange, cheque,
promissory note, endorsement, order for money,
receipt, or other document required in the business
of the society, wherein its name does not appear in
legible characters, he shall be guilty of an offence
and liable to a penalty of not more than $20.

113
 s. 89

89 Improper sealing No. 6138 s. 89.

If any officer of a society or any person on its

behalf uses any seal purporting to be the seal of
the society, wherein its name does not appear in
legible characters, he shall be guilty of an offence
and liable to a penalty of not more than $100.
90 Taking money before registration No. 6138 s. 90.

If before a society is registered any person takes

any money in consideration of the allotment of
any share or interest in the society, he shall be
guilty of an offence and liable to a penalty of not
more than $100.
91 False copies of rules No. 6138 s. 91.

If any person gives to any member of a society or

to any person intending or applying to become a
member of a society a copy of any rules or any
alterations of the same other than those which
have been duly registered representing that the
same are binding on the members of the society,
or if any person makes any alteration in any of the
rules of the society after they have been
registered, and circulates the same representing
that they have been duly registered, when they
have not been so registered, he shall, without
prejudice to proceedings for any other offence for
which he may be liable, be guilty of an offence
and liable to a penalty of not more than $200.

114
 s. 92

No. 6138 s. 92. 92 False entries

If any person wilfully makes, orders, or allows to
be made any entry or erasure in, or omission from,
any balance-sheet or account of a society or any
book register return or document required to be
kept, sent, produced, or delivered for the purposes
of this Act, with intent to falsify the same, or to
evade any of the provisions of this Act, he shall,
without prejudice to proceedings for any other
offence for which he may be liable, be guilty of an
offence and liable to a penalty of not more than
$200.
No. 6138 s. 93. 93 Imposition and misapplication of moneys
If any person, by false representation or
imposition, obtains possession of any property of
a society, or having the same in his possession,
withholds or misapplies the same or wilfully
applies any part thereof to purposes other than
those specified or authorized by the rules of the
society or by this Act, he shall, without prejudice
to proceedings for any other offence for which he
may be liable, be guilty of an offence and liable to
a penalty of not more than $200.
No. 6138 s. 94. 94 Improper commissions
S. 94
substituted by (1) Any officer of a society who accepts from any
No. 6928 s. 3.
person for or in connexion with a transaction of
such person with the society any commission fee
or reward, whether pecuniary or otherwise, which
is not authorized to be paid or given by or under
this Act or the rules of the society shall, without
prejudice to proceedings for any other offence for
which he may be liable, be guilty of an offence
and liable to imprisonment for a term of not more
than six months or to a penalty of not more than
$200.
S. 94(2) (2) Any person (whether an officer of a society or
amended by
No. 7125 s. 3.

115
 s. 95

not) who for or in connexion with a transaction or

proposed transaction of any other person with a
society demands or receives from that other
person or retains from or pays out of any moneys
held by him on behalf of that other person any
commission or fee which is not authorized to be
paid by or under this Act or the rules of the
society or which is in excess of any commission
or fee so authorized shall be guilty of an offence
and liable to imprisonment for a term of not more
than six months or to a penalty of not more than
$200.
95 General penalties No. 6138 s. 95.

Any society or person which or who contravenes

or fails to comply with any provision of this Act
shall be guilty of an offence and, where no penalty
is expressly provided therefor, shall be liable to a
penalty of not more than $50.
96 Recovery of fines, penalties No. 6138 s. 96.
S. 96
Proceedings for any offence against this Act or the amended by
No. 10087
regulations may be instituted by the registrar or by s. 3(1)(Sch. 1
any person aggrieved and any fine or penalty paid item 19).
or recovered in respect thereof shall be paid into
the Consolidated Fund.
97 Civil remedies in case of contravention No. 6138 s. 97.

If a society in making any advance or raising any

loan contravenes or fails to comply with any
provision of this Act or the regulations or any rule
of the society, the civil rights and liabilities of the
society or any other person in respect of the
recovery of the advance or loan shall not be
affected or prejudiced by the contravention or
failure, save that the money shall become
immediately payable, and the same remedies may
be had for the recovery of the advance or loan and
for the enforcement of any security therefor as if

116
 s. 98

there had not been any such contravention or

failure.

Division 3—Regulations
No. 6138 s. 98. 98 Regulations
(1) The Governor in Council may make regulations
for or with respect to prescribing any matter or
thing authorized or required to be prescribed by
this Act or necessary or expedient to be prescribed
for the purposes of this Act and may by any such
regulation prescribe a penalty (not in any case
exceeding $40) for any contravention of or failure
to comply with any such regulation.
S. 98(2) * * * * *
repealed by
No. 6886 s. 3.

__________________

117
 Sch.

SCHEDULE Section 2.
Sch.
amended by
Number No. 6505 s. 2.
of Act Title of Act Extent of Repeal
6138 Co-operative Housing Societies The Whole
Act 1957

ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

118
Endnotes

ENDNOTES

1General Information
The Co-operative Housing Societies Act 1958 was assented to on
30 September 1958 and came into operation on 1 April 1959: Government
Gazette 18 March 1959 page 892.

119
 Endnotes

2Table of Amendments
This Version incorporates amendments made to the Co-operative Housing
Societies Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Co-operative Housing Societies (Guarantees) Act 1958, No. 6446/1958
(as amended by No. 6489/1959)
Assent Date: 18.11.58
Commencement Date: 18.11.58
Current State: All of Act in operation
Companies Act 1958, No. 6455/1958
Assent Date: 2.12.58
Commencement Date: 1.4.59: Government Gazette 4.3.59 p. 496
Current State: All of Act in operation
Co-operative Housing Societies (Residential Flats) Act 1958, No. 6457/1958
(as amended by No. 6489/1959)
Assent Date: 2.12.58
Commencement Date: 2.12.58
Current State: All of Act in operation
Co-operative Housing Societies (Insurance) Act 1958, No. 6461/1958 (as amended
by No. 6489/1959)
Assent Date: 9.12.58
Commencement Date: 9.12.58
Current State: All of Act in operation
Statute Law Revision Act 1959, No. 6505/1959
Assent Date: 5.5.59
Commencement Date: 1.4.59: s. 1(2)
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1960, No. 6618/1960
Assent Date: 1.6.60
Commencement Date: 1.6.60
Current State: All of Act in operation
Co-operative Housing Societies (Guarantees) Act 1960, No. 6687/1960
Assent Date: 6.12.60
Commencement Date: 6.12.60
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1961, No. 6821/1961
Assent Date: 12.12.61
Commencement Date: 12.12.61
Current State: All of Act in operation
Companies Act 1961, No. 6839/1961
Assent Date: 19.12.61
Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392
Current State: All of Act in operation

120
Endnotes

Subordinate Legislation Act 1962, No. 6886/1962

Assent Date: 8.5.62
Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314
Current State: All of Act in operation
Co-operative Housing Societies Act 1962, No. 6909/1962
Assent Date: 7.11.62
Commencement Date: 7.11.62
Current State: All of Act in operation
Housing Advances and Loans (Improper Commissions) Act 1962, No. 6928/1962
Assent Date: 20.11.62
Commencement Date: 20.11.62
Current State: All of Act in operation
Co-operative Housing Societies (Guarantees) Act 1963, No. 7030/1963
Assent Date: 22.10.63
Commencement Date: 22.10.63
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1963, No. 7097/1963
(as amended by No. 7142/1964)
Assent Date: 10.12.63
Commencement Date: 1.4.64: Government Gazette 26.3.64 p. 707
Current State: All of Act in operation
Housing Advances and Loans (Improper Commissions) Act 1964, No. 7125/1964
Assent Date: 5.5.64
Commencement Date: 5.5.64
Current State: All of Act in operation
Co-operative Housing Societies (Indemnities) Act 1964, No. 7225/1964
Assent Date: 15.12.64
Commencement Date: 15.12.64
Current State: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65
Commencement Date: 14.12.65: subject to s. 3
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1966, No. 7388/1966
Assent Date: 10.5.66
Commencement Date: 1.7.66: Government Gazette 29.6.66 p. 2270
Current State: All of Act in operation
Co-operative Housing Societies (Financial) Act 1966, No. 7464/1966
Assent Date: 29.11.66
Commencement Date: 29.11.66
Current State: All of Act in operation
Co-operative Housing Societies (Indemnities) Act 1967, No. 7521/1967
Assent Date: 15.3.67
Commencement Date: 15.3.67
Current State: All of Act in operation

121
 Endnotes

Strata Titles Act 1967, No. 7551/1967

Assent Date: 17.3.67
Commencement Date: S. 47 on 1.7.67: Government Gazette 24.5.67 p. 1754
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Co-operative Housing Societies (Amendment) Act 1967, No. 7575/1967
Assent Date: 8.11.67
Commencement Date: 8.11.67
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1970, No. 7983/1970
Assent Date: 13.10.70
Commencement Date: 13.10.70
Current State: All of Act in operation
Co-operative Housing Societies (Indemnities) Act 1971, No. 8160/1971
Assent Date: 26.10.71
Commencement Date: 26.10.71
Current State: All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: 23.11.71
Commencement Date: 23.11.71: subject to s. 2(2)
Current State: All of Act in operation
Housing (Amendment) Act 1971, No. 8206/1971
Assent Date: 14.12.71
Commencement Date: 14.12.71
Current State: All of Act in operation
Co-operative Housing Societies Act 1972, No. 8298/1972
Assent Date: 3.10.72
Commencement Date: 3.10.72
Current State: All of Act in operation
Housing Ministry Act 1972, No. 8339/1972
Assent Date: 5.12.72
Commencement Date: 2.4.73: Government Gazette 28.3.73 p. 652
Current State: All of Act in operation
Valuation of Land (Valuers) Act 1973, No. 8405/1973
Assent Date: 17.4.73
Commencement Date: 1.7.73: Government Gazette 13.6.73 p. 1966
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1973, No. 8462/1973
Assent Date: 7.11.73
Commencement Date: 7.11.73
Current State: All of Act in operation

122
Endnotes

Co-operative Housing Societies (Amendment) Act 1974, No. 8543/1974

Assent Date: 30.4.74
Commencement Date: 30.4.74
Current State: All of Act in operation
Co-operative Housing Societies Act 1974, No. 8586/1974
Assent Date: 30.10.74
Commencement Date: 30.10.74
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1975, No. 8786/1975
Assent Date: 2.12.75
Commencement Date: 2.12.75
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1976, No. 8882/1976
Assent Date: 19.10.76
Commencement Date: 19.10.76
Current State: All of Act in operation
Co-operative Housing Societies (Leasehold Securities) Act 1977, No. 8978/1977
Assent Date: 3.5.77
Commencement Date: 3.5.77
Current State: All of Act in operation
Age of Majority Act 1977, No. 9075/1977
Assent Date: 6.12.77
Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1978, No. 9108/1978
Assent Date: 16.5.78
Commencement Date: 16.5.78
Current State: All of Act in operation
Workers Compensation (Amendment) Act 1978, No. 9136/1978
Assent Date: 23.5.78
Commencement Date: S. 4(3) on 14.5.79: Government Gazette 9.5.79
p. 1351
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Co-operative Housing Societies (Indemnities) Act 1978, No. 9206/1978
Assent Date: 5.12.78
Commencement Date: 5.12.78
Current State: All of Act in operation
Co-operative Housing Societies (Indemnities) Act 1981, No. 9601/1981
Assent Date: 24.11.81
Commencement Date: 24.11.81
Current State: All of Act in operation

123
 Endnotes

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date: 5.1.82
Commencement Date: S. 22 on 5.1.82: s. 2(4); s. 23 on 1.7.82: s. 2(1)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Co-operative Housing Societies and Co-operation (Amendment) Act 1982,
No. 9776/1982
Assent Date: 21.9.82
Commencement Date: 21.9.82
Current State: All of Act in operation
Housing Act 1983, No. 10020/1983
Assent Date: 13.12.83
Commencement Date: 1.1.84: Government Gazette 21.12.83 p. 4045
Current State: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84
Commencement Date: 22.5.84: subject to s. 3(2)
Current State: All of Act in operation
Co-operation (Amendment) Act 1985, No. 10254/1985
Assent Date: 10.12.85
Commencement Date: 1.1.86: Government Gazette 18.12.85 p. 4642
Current State: All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date: 22.4.86
Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Mental Health Act 1986, No. 59/1986
Assent Date: 3.6.86
Commencement Date: S. 143(2) on 1.10.87: Government Gazette 30.9.87
p. 2585
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Supreme Court Act 1986, No. 110/1986
Assent Date: 16.12.86
Commencement Date: 1.1.87: s. 2
Current State: All of Act in operation
Friendly Societies Act 1986, No. 119/1986 (as amended by No. 36/1990)
Assent Date: 23.12.86
Commencement Date: 1.9.87: Government Gazette 26.8.87 p. 2257
Current State: All of Act in operation

124
Endnotes

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Assent Date: 31.5.88
Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532
Current State: All of Act in operation
Co-operative Housing Societies (Amendment) Act 1989, No. 10/1989
Assent Date: 9.5.89
Commencement Date: 9.5.89
Current State: All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89
Commencement Date: S. 3(Sch. items 33.1, 33.2) on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Co-operative Housing Societies (Guarantees) Act 1990, No. 30/1990
Assent Date: 5.6.90
Commencement Date: 5.6.90
Current State: All of Act in operation
Building, Co-operative Housing and Friendly Societies (Amendment) Act 1990,
No. 36/1990
Assent Date: 13.6.90
Commencement Date: Ss 11–13, 16–19 on 18.12.91: Government Gazette
18.12.91 p. 3486; ss 14, 15 on 5.8.92: Government
Gazette 5.8.92 p. 2050
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Financial Institutions (Victoria) Act 1992, No. 48/1992
Assent Date: 30.6.92
Commencement Date: Pt 13 (ss 93–104) on 1.7.92: Government Gazette
1.7.92 p. 1692
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date: 6.12.94
Commencement Date: S. 36(2) on 1.1.95: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995
Assent Date: 14.6.95
Commencement Date: S. 15 on 14.6.95: s. 2(6)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958

125
 Endnotes

Financial Institutions Legislation (Amendment) Act 1997, No. 61/1997

Assent Date: 5.11.97
Commencement Date: 5.11.97: s. 2
Current State: All of Act in operation
Audit (Amendment) Act 1997, No. 93/1997
Assent Date: 16.12.97
Commencement Date: S. 28(Sch. item 8) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98
Commencement Date: S. 24(Sch. item 14) on 1.1.99: s. 2(3)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Financial Sector Reform (Victoria) Act 1999, No. 37/1999
Assent Date: 8.6.99
Commencement Date: S. 58(Sch. 2) on 1.7.99: Special Gazette (No. 97)
30.6.99 p. 2
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Audit (Amendment) Act 1999, No. 53/1999
Assent Date: 14.12.99
Commencement Date: S. 26(Sch. item 7) on 1.1.00: Government Gazette
23.12.99 p. 2764
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Business Registration Acts (Amendment) Act 2000, No. 35/2000
Assent Date: 6.6.00
Commencement Date: S. 44 on 19.6.00: Government Gazette 15.6.00 p. 1248
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958

126
Endnotes

Statute Law Revision Act 2000, No. 74/2000

Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 27) on 22.11.00: s. 2(1)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date: 8.5.01
Commencement Date: S. 3(Sch. item 15) on 1.6.01: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date: 12.6.01
Commencement Date: S. 8(Sch. 6 item 1) on 28.6.01: Government Gazette
28.6.01 p. 1428
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01
Commencement Date: S. 3(Sch. item 19) on 15.7.01: s. 2
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Fair Trading (Amendment) Act 2003, No. 30/2003
Assent Date: 27.5.03
Commencement Date: S. 83 on 28.5.03: s. 2(1)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04
Commencement Date: S. 117(1)(Sch. 3 item 42) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05
Commencement Date: S. 18(Sch. 1 item 18) on 12.12.05: Government
Gazette 1.12.05 p. 2781
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958

127
 Endnotes
Assent Dat
Commence
Current St
Statute Law (Further Revision) Act 2006, No. 29/2006
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08
Commencement Date: S. 73(1)(Sch. 1 item 10) on 1.12.08: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
Statute Law Amendment (Evidence Consequential Provisions) Act 2009,
No. 69/2009
Assent Date: 24.11.09
Commencement Date: S. 54(Sch. Pt 2 item 12) on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s
amending the Co-operative Housing Societies Act
1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

128
Endnotes

3Explanatory Details

129