97. Constitution of Council. (1) There shall be an Advisory Council (in this Act called the “Council”) consisting of not less than five nor more than nine members as determined from time to time by the Governor in Council.
The members of the Council other than the ex oficio member shall be appointed from time to time by the Governor in Council by notification published in the Gazette.
At any time when the total number of the members of the Council is less than nine the Governor in Council may appoint as aforesaid an additional member or members thereof but not so as to increase to more than nine the total membership of the Council at any one and the same time.
(2) The Council shall comprise- (a) the Registrar,
ex
oficio; and(b) persons representative of co-operation in Queensland.
In order to appoint persons representative of co-operation in Queensland the Governor in Council shall invite nominations from-
(a) the association known as the Co-operative Federation of Queensland; an
(b) such bodies an associations representative of individual classes of societies as the Governor in Council thinks fit.
(3) If a body or association invited by the Covernor in Council to nominate a person or persons to be a member or members of the Council fails or refuses to appoint a sufficient number of such persons by a date determined by the Minister, the Governor in Council may appoint a sufficient nu r of persons who shall be deemed to have been nominated by the y or association who should have appointed him or them.
(4) The two persons named as such in the notification of their p o i n t ~ e n t shall be respectively the President an Vice-President of the event of a vacancy occurring in the office of President or sident the Governor in Council may designate a member of the Council to be the President or as the case may be, Vice-President.
the Council.
(5) The members of the Council other than the ex oficko member shall, subject to this Act, hold their respective offices for such period as may be prescribed.
u ~ c ~ ~ o ~ s of ~ o M ~ c ~ ~ . The general function of the Council shall be to take all such steps and to do all such things as in its opinion are
s. 99 CO-OPERATIVE AND OTHER SOCIETIES s. PO1 51 ACT 1967-1986
desirable in the public interest and as will promote and encourage co- operation and assist both in the formation of new societies and in the improvement and development of existing societies.
In particular, the Council-
(a) shall, with respect to the formation of new societies, advise upon matters appertaining to finance, business methods, procedure, management, staffing, and all such other matters as are associated with the formation and development of the new society in question;
or locality for the p
in question inform especting co-operation or any form thereof or for the purpose of advocating at that meeting the formation of any form o f society; and
(c) may prepare and disseminate all such information as will in its opinion be calculated to inform and educate the public with respect t o co-operation or any form o f CO
and ways and means of formi~g, e$tablishing an on societies or any form of societies.
s o i%. The costs of the Council and of t its ns shall be paid from moneys app arliament for that purpose.
(b) may convene or attend meetings of the public at any hating at the rn
The Council shall not incur any costs for the payment of w h i c ~
~arliament has not approp~ated moneys.
ISCELLANEOUS
ewer ce. (1) On any application
for r tion document under this Act
the Registrar may require from the a p p l ~ ~ a ~ ~ such infor
evidence as is reasonable in order to show that the ap lication should be granted.
strar may require from any society such informatio~
s reasonab~e in order to show that the society is bona fide carrying on business in accordance with the provisions of this Act.
gistrar may require fiom a society such f a l l matters required to be done and of
t required to be lodged with, or delive him under this Act.
inspect, or, with the approval of the Mi Service of Queensland or any account
registers, books and documents of any society.
egistrar, inspector or any person so appro3red 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
52 s. 102 CO-OPERATIVE AND OTHER SOCIETIES s. 182 ACT 1967-1 986
who, without reasonable excuse, fails in any respect to comply with the requirement shall be guilty of an offence against this Act an
a penalty of not more than two hundred dollars.
a society keeps an SO
egistrar, furnish to t nt
her particulars requir to
be so ~ ~ r n i s h ~ ~ and no bank shall incur any ~ ~ a b ~ l i t y whether in respect of any breach of tmst or otherwise, by reason only of the f u r ~ s h i ~ g of any s t a t ~ ~ e n t or particulars pursuant to this section.
(a> call a special general ~ e ~o f the society: t i ~ ~QI-
uiry into the affairs of the society.
g or inquiry shall
s. 103 CO-OPERATIVE AND OTHER SOCIETIES s.105 53 ACT 1967- 1986
as directed by the Registrar may be recovered by him by action as for a debt in any court of competent jurisdiction.
As amended by Act of 1976, WO. 52, s. 2.
r or inspector. (1) (a) The Registrar may an inquiry or appoint-
(i) an inspector appointed, or an inspector ex oficio, pursuant (ii) any other person to be an inspector,
to section 7 ( 2 ) ; or
to hold an inquiry into the affairs of any society.
ovisions of the Public Sewice Act 6922-1973 are not person appointed to be an inspector pursuant to this subsection who is not an officer of the Public Service of Queensland.
( 2 ) Upon the compkt of any inquiry under this section or the last preceding section the istrar may if he thinks fit call a special general meeting of the society.
(3) The provisions of subsections (5), (6) and (8) of section one hundred and two of this Act shall SO far as applicable apply to and with respect to any such meeting.
As amended by Act of 1976, No. 52, s. 3.
uiry. In holding any inquiry nspector concerned (including trar to be an inspector pursuant to section 102 or section 103) shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under “The Commissions oflnquiry Acts, 1950 to 1954,” except such as are limited to a chairman of such a commission who is a Judge of the Supreme court.
As amended by Act of 1976, No. 52, s. 4.
istry. Any person may QLP (a) inspect at the ofice of t gistrar the rules of and the
documents relating to the registration of any society;
(b) obtain from the egistrar a certificate of the registration of any society and certified copy of the rules or of any part of the rules of any society;
(6) with the permission of the Registrar, inspect at his office and obtain from him a certified copy of any other registered document, or of any part thereoc
(d) inspect at the office of the Registrar any final accounts of any society;
(e) inspect at the o ce ofthe Registrar any list of the directors of any society.
payment of the prescribed fee-
54 s. 106 CO-OPERATIVE AND OTHER SOCIETIES s. 112 ACT 1967-1986
106. Certificates, e. (1) 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,
(2) Any thing purporting to be a duplicate original or copy of a certificate of incorporation of a society and certified as such by the egistrar shall be received in evidence as if it were the original certificate.
(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.
copy ofthe rules of a society purporting to be certified f the society to be a true copy of its registered rules shall be prima facie evidence of the rules.
ister. 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, and a copy of any entry in that register shall, if certified by the Registrar to be a true copy of the entry in question, be prima facie evidence ofthe particulars to which the entry relates.
1
ies in
in th A copy of any entry in a book of a society regu e 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.
e The foregoing provisions of this Part shall be read s in aid of and not in derogation from any other Act
01: law relating to evidence, judicial notice, or the proof of documents.
rules. If any person gives to any member of a
soci intending or applying to become a member of
a society, a copy of any rules or any alterations of the same other than which have been duly registered representing that the same are ng 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 against this Act and liable to a penalty of not more than two hundred dollars.
tries. 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, lodged, sent, delivered, or produced for any purpose
s. 1113 CO-OPERATIVE AND OTHER SOCIETIES s.115 55 ACT 1967-1 986
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 against this Act and liable to a penalty of not more than two hundred dollars.
113. ~ m p o $ i t i ~ ~ and isapplication of moneys, c. 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 two hundred dollars.
c. Every person (a) being required under this Act to supply any information, produce any record, or lodge any return, fails, without reasonable excuse the proof whereof shall lie upon him, to supply that information, produce that record, or lodge that return, as the case may be, in accordance with that requirement ;
(b) being required under this Act to answer any question, fails without reasonable excuse the proof whereof shall lie upon him to answer that question or gives an answer which he obstructs any person in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do,
ffence against this Act and liable to a penalty not y c o ~ p ~ ~ a t i o ~ ~ , &e. ( l j Except where provided in this Act, where a society or other ds against this Act each and every one of the following persons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely:-
g director, manager, or other governing officer, name called, and every member of the governing body, by whatever n
(b) every person who in eensland manages or acts or takes part in the management, administration, or government of the business in Queensland of the society or other corporate body.
This subsection applies so as not to limit or affect howsoever the liability of a society or other corporate body to be proceeded against and punished for an offence against this Act committed by it.
114. Failure to c o ~ ~ l y with lawful r e ~ u i r ~ ~ e ~ t $ , who-
(a)
e called, thereoc and
56 s.114 CO-OPERATIVE AND OTHER SOCIETIES 8.118 ACT 1967-1986
(2) Except where otherwise expressly provided in this Act, where any member of an unincorporated body or association of persons commits an offence against this Act, the other member or rs, as the case requires, of that body or association shall be dee have also committed the offence and shall be liable to be proceeded against ainst pursuant to this section hat the offence was c o m m i t t e ~
he exercised all such diligence nce as he ought to have exercised fails ainst
.
(1) Any person who contr on of this Act commits an if a specific penalty is not prescn A prosecutio~ for an offence against this Act shali be ta of summary proceedings under “The Justices Acts, 6886 toin this Act con to answer any question incrim
No p r o v i ~ i o ~ of this section shall authorize, justify or excuse an act or omission which is an offence against this Act.
As amended by Act 0.F 1976, No. 52, s. 5.
s. ( I ) The Governor in Council may fro
not inconsistent with this Act, pr~viding for all her general or to meet particular cases, as are
~ ~ n i s ~ r a t i o n of this Act or as are necessary or out the objects and purposes ofthis Act.
(2) W i ~ ~ o u t limiting the ge~erality of the provisions of subsect~on ( I ) of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things, that is to say-
(a) providing for a registry;
(b) providing for, regulating and controlling the pr the doing of any act required by this Act to be
s. 119 CO-OPERATIVE AND OTHER SOCIETIES s.119 57 ACT 1967-1986
(c) prescribing the f o m s to be used for the purposes of this (d) prescribing the duties of the Registrar under this Act;
act;
and such p u b l i ~ a t i o ~ shall be conclusive evidence of the matters contained therein;
(6) take effect from the date of such publication unless, in the dation a later date is specified in that or any
58 s.119 CO-OPERATIVE AND OTHER SOCIETIES s. 119 ACT 1967-1986
other regulation for its commencement when in such event it shall take effect from that later date; and
(d) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.
(2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council or regulation has been laid before it disallowing the same or part thereof, that Order in Council, regulation or part thereof shall thereupon cease to have any effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council or regulation.
THE SCHEDULE
Repealed by Act of 1986, No. 19, s. 246 (1).
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND- 1987
74 I92 (jul17)-1/87
a
Accounts-
audit of . . . fee for inspection of, by member . . . society to keep . . . to be open for inspection . . . Act-
administration of . . . commencement of . . . construction of . . . division of . . . operation of Part 111 Div . 7 . . . repeals . . . savings . . . short title . . . Administration of Act
Advisory Council . See Council .
Amalgamated bodies-
meaning of term for the purposes of s . 36c Annual report-
by Registrar . . . to be laid before Parliament . . . Auditor-
appointment of . . . duties of . . . Auditor-General-
may audit accounts of society
Board-
age limit for directors of . . . business. etc., of society to be controlled by . . . chairman of . . . director of. not to act after office vacated . . . director of. not to vote o n certain questions . . . directors of. deemed to be agents of society . . . duty of director of . . . election of directors of . . . fees of directors of . . . filling of vacancy in . . . meaning of term . . . meetings of . . . removal from office-of directors of . . . shares of society not to be sold. etc., without consent of . . . . tenure of office of directors of . . . validity of acts of directors of . . . Board of Directors . See Board .
Business, trade. or industry-
meaning of term for the purposes of s . 10 ( I )
36c (1)
86 (2) 87 . .
88
73 . . . 75 (1). (2) . . . . 42(10) . . . 7 4 ( 2 ) . . . 7 1 ( 3 ) . . . . . . . . .
. . . . . . . . . . . .
. . .
. . . . . . . . . . . .
. . .
. . . . . .
. . . . . .
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 (2) . . .
Page
44 31 30 31
4 1 2
2 1 4
20
4
4
44 45
46
40 39 39 42 40 39 43 39 42 41 3 39 39 27 39 39
5
60 INDEX
G
Capital reserve fund-
distribution of . . . use of. by society . . . society to transfer five per centum of surplus to . . .
Charges-
liability of members to pay . . . may be altered by special resolution . . . society to furnish intending member with list of . . . Commencement of Act . . . Commonwealth loan interest-
meaning of term for the purposes of s . 47 . . .
objects of . . . powers of . . .
object of . . . powers of . . .
Part XI of. to apply to societies re official management provisions of, re winding up to apply to societies . . . provisions of . to apply to defunct societies, etc . . . to apply to societies generally . . . Community advancement society-
Community settlement society-
Companies (Queensland) Code-
Company-
conversion of. into a society-
documents to be sent to Commissioner for Corporate Affairs re . . . not to afTect rights subsisting against . . . resolution. etc., to be sent to Registrar re . . . satisfaction of security re . . . to be determined by special resolution . . . when ceases io be a company re. . . . not to affect rights subsisting against . . . registration of society to be cancelled re . . . satisfaction of security re . . . special resolution re, to have effect as memorandum of
association . . . to be determined by special resolution . . . Construction of Act . . . Council-
conversion of society into a-
constitution of . . . costs of, to be appropriated by Parliament . . . functions of . . . ' limitation of liability of . . . court-
meaning of term . . . Crown Law Officer-
meaning of term . . .
Declared society-
Deputy Registrar-
meaning of term for the purposes of s . 22
appointment of . . . to be an inspector . . . Divisions of Act
. .
. . . .
64 (2) . . . 64 (3) . . . 6 4 ( 1 ) . . . l ( 2 ) . . .
47
19 20
17 . . . 18 . . .
90 ss . 92. 93 (4)
s . 96
59
3 7 ( 4 ) . . . 37 (5) . . . 37 (2). (3) . . . 3 7 ( 6 ) . . . 37(1) . . . 37(5) . . . 3 8 ( 3 ) . . . 3 8 ( 3 ) . . . 3 8 ( 4 ) . . . 3 8 ( 2 ) . . . 3 8 ( 1 ) . . . 3 . . .
97 99 98 I17
5 . . .
5 . . .
22(1) . . .
7 ( 2 ) . . . 7 ( 2 ) . . . 2
Page
28 28 28
35 35 34 1
28
8 8
7 7
46 47. 48 49 32
22 22 22 22 22 22 23 23 23 23 23 2
50 51 50 56
3
3
9
4 4 2
INDEX
F
Federations and leagues- may be formed powers of objects Of
. .
. . . . Fees-
of directors . . . re alteration of rules . . . Final account-
meaning of term . . .
may be imposed by society on member Fines-
s . 23 . . . 24 . . . 25 . . .
. . . 79 . . . . . . 70(2) . . .
. . . 56 (3)
65
Governor in Council-
may consent to conversion of primary producers’ association to
society . . . 36A(3) . . . may make regulations . . . 118(1) . . . society . . . 42(6) . . . to society . . . 36A (2) . . . to appoint members of Council . . . 97(1) . . . to invite nominations for Council . . . 97(2) . . . may vary limit of nominal value of shares held by members of
primary producers’ association to seek consent of, re conversion
Incorporated company-
Inspector-
meaning of term for the purposes of s . 12
appointment of . . . appointment of. by Registrar . . . appointment of. on request of society . . . limitation of liability of . . . powers of . . . Investment of funds . . . Investment society-
objects of . . . powers of . . . when may not acquire shares . . .
7 ( 2 ) . . . I 0 3 . . . 102 (7) . . . 117 . . . 104 . . .
60
12(1) . . . 13 . . . 12 (2) . . .
Leagues . See Federations and leagues .
Liquidator-
appointment of. re winding up of society . . . to sign certificate. etc., re winding up of society . . .
61
Page
10 10 I 1
42 38
31
35
16 56 26 16 50 50
6
4 53 52 56 53 33
6 6 6
48 49