New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The local regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the local regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this
Part--
"repealed Act" means the Co-operatives Act 1992 .
Subject to the local application provisions of this Act and the Co-operatives National Law (NSW) , each person, thing and circumstance appointed or created under the repealed Act or existing or continuing under that Act immediately before the commencement of relevant provisions of the Co-operatives National Law (NSW) continues to have the same status, operation and effect as it would have had if this Act had not been enacted.
(1) A co-operative whose registration under the repealed Act is in force immediately before the commencement of this clause is taken to be registered under the Co-operatives National Law (NSW) .
(2) A co-operative referred to in subclause (1) that was a trading co-operative immediately before the commencement of this clause is taken to be a distributing co-operative.
(3) A co-operative referred to in subclause (1) that was a non-trading co-operative immediately before the commencement of this clause is taken to be a non-distributing co-operative.
(1) The rules of a co-operative that has as a primary activity the operation, maintenance or carrying on of a club may provide for different classes of membership and restrict the voting rights attaching to membership of those different classes, but only if--(a) the Registrar approves of the provisions concerned, and(b) the membership of the class or classes entitled to full voting rights constitutes at least 40% of the total membership of the co-operative.
(2) Any such provision in the rules of a co-operative must not be amended except with the prior approval of the Registrar.
(3) An approval that was given under section 177 of the repealed Act by the Co-operatives Council constituted under that Act, and that was operative immediately before the commencement of this clause, has effect as if given by the Registrar.
(4) This clause applies only to--(a) a co-operative that holds a club licence under the Liquor Act 2007 (regardless of when it was registered as a co-operative), or(b) a co-operative that was registered under the repealed Act before 17 December 1997 (being the date of assent to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997 ).
A reference in Division 5 of Part 2.6 of the Co-operatives National Law (NSW) to the period of 2 years is taken to be a reference to a period of 5 years in a case where the cancellation of membership occurred before the commencement of that Division.
Any entitlement that a member or former member of a co-operative had immediately before the commencement of this clause in relation to a surplus arising from the business of the co-operative or a part of the reserves of the co-operative continues in force until satisfied.
Section 78 of the Co-operatives National Law (NSW) does not affect shares issued before the commencement of that section.
The repeal of the Co-operatives Act 1992 does not affect the operation of Part 6 of Schedule 6 to that Act on and after the date of the repeal, and that Part so operates as if that Act had not been repealed.
In
this Part--
"amendment Act" means the Better Regulation and Customer Service Legislation
Amendment (Bushfire Relief) Act 2020 .
"relevant period" means the period--
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
(1) This clause applies if, during the relevant period, the Registrar of Co-operatives waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Registrar was satisfied it was appropriate because--(a) the person was suffering financial hardship, or(b) special circumstances existed.
(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Registrar of Co-operatives to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to--
(a) a person who was suffering financial hardship--(i) during the relevant period, or(ii) because of events that happened during the relevant period, or
(b) special circumstances--(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.