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CO-OPERATIVES (ADOPTION OF NATIONAL LAW) ACT 2012 - SECT 7

Designated authority, designated instrument and designated tribunal (Co-operatives National Law s 4)

7 Designated authority, designated instrument and designated tribunal (Co-operatives National Law s 4)

(1) With respect to the definition of
"designated authority" in the Co-operatives National Law (NSW) --
(a) the Registrar is specified for the purposes of sections 15, 601 and 622 of that Law, and
(b) the Secretary is specified for the purposes of sections 492, 494 and 520 of that Law, and
(c) an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 is specified for the purposes of sections 504 and 505 of that Law.
(2) With respect to the definition of
"designated instrument" in the Co-operatives National Law (NSW) --
(a) an order in writing in the approved form is specified for the purposes of the provisions of that Law referred to in Column 2 of the table to this subsection and for the person or class (if any) or in the circumstances (if any) specified in that Column, and
(b) a Gazette notice in the approved form is specified for the purposes of the provisions of that Law referred to in Column 3 of the table to this subsection and for the person or class (if any) or in the circumstances (if any) specified in that Column, and
(c) a written notice in the approved form is specified for the purposes of section 443 (5) of that Law.

Table

Column 1 Column 2 Column 3
Item Designated instrument is an order in writing Designated instrument is a Gazette notice
1 Section 33 (1) (certificate of registration)
2 Section 35 (5) (a) (exemption from special postal ballot for amendment of rules for conversion)--for individual co-operative Section 35 (5) (b) (exemption from special postal ballot for amendment of rules for conversion)--for class of co-operatives
3 Section 60 (2) (specifying rule amendments requiring prior approval by Registrar)
4 Section 71 (1) (exemption from requirements of Division 2 of Part 2.4)--for individual co-operative Section 71 (1) (exemption from requirements of Division 2 of Part 2.4)--for class of co-operatives
5 Section 92 (6) (exemption from complying with disclosure direction)
6 Section 171 (1) (exemption from requirements of Division 5 of Part 2.6)--for individual co-operative Section 171 (1) (exemption from requirements of Division 5 of Part 2.6)--for class of co-operatives
7 Section 221 (1) (approval of omission of "Limited" or "Ltd" from name)
8 Section 226 (6) (exemption from requirement to display location notice)--for individual small co-operative Section 226 (6) (exemption from requirement to display location notice)--for class of or all small co-operatives)
9 Section 316 (1) (exemption for individual co-operative from accounting and auditing provisions)
10 Section 317 (1) (exemption for class of co-operatives from accounting and auditing provisions)
11 Section 319 (1) (exemption for non-auditor members and former members of audit firms, and former employees of audit companies from accounting and auditing provisions)
12 Section 320 (1) (exemption for classes of non-auditor members etc from accounting and auditing provisions)
13 Section 322 (1) (exemption from National Regulations made under Part 3.3)
14 Section 338 (6) (exemption from compliance with section 338)--for individual co-operative Section 338 (6) (exemption from compliance with section 338)--for class of co-operatives
15 Section 343 (10) (exemption from compliance with section 343)--for individual co-operative Section 343 (10) (exemption from compliance with section 343)--for class of co-operatives
16 Section 359 (3) (exemption from compliance with section 359 or 248)
17 Section 363 (2) (stating maximum greater than 20% of nominal value of issued share capital)--for individual co-operative Section 363 (2) (stating maximum greater than 20% of nominal value of issued share capital)--for class of co-operatives
18 Section 372 (1) (exemption of person or class of persons from the operation of Division 1 of Part 3.5)
19 Section 380 (1) (exemption from compliance with Division 2 of Part 3.5 or section 248)
20 Section 397 (4) (exemption from compliance with section 397)
21 Section 401 (7) (notification by Registrar of date of effect of transfer of engagements between co-operatives)
22 Section 404 (4) (exemption from compliance with section 404 or 248)
23 Section 445 (3) (exemption from compliance with section 445 or 248)--for individual co-operative Section 445 (3) (exemption from compliance with section 445 or 248)--for class of co-operatives
24 Section 607 (3) (Registrar's approval)--for individual co-operative or person Section 607 (3) (Registrar's approval)--for class of co-operatives or persons
(3) The following provisions have effect with respect to the definition of
"designated tribunal" in the Co-operatives National Law (NSW) --
(a) the Supreme Court is specified for the purposes of the provisions of that Law in which the term is used, except Part 7.3 of that Law,
(b) the Civil and Administrative Tribunal is specified for the purposes of Part 7.3 of that Law.



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