Co-operative Housing and Starr-Bowkett Societies Act 1998 (NSW)

Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11

An Act to make provision for the establishment, powers, membership, management, supervision and regulation of co-operative housing societies, Starr-Bowkett societies and associations; and for other purposes.

Part 1 Preliminary

Division 1 Introductory

1 Name of Act This Act is the Co-operative Housing and Starr-Bowkett Societies Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Prohibition on formation or registration of new societies and admission of new members Despite any other provision of this Act— (a) a society cannot be formed or registered on or after the commencement of this section, and (b) a Starr-Bowkett society cannot admit any person to membership on or after that commencement.

Division 2 Interpretation

3 Definitions (1) In this Act— accounting records include— (a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, and (b) documents and records that record such entries, and (c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up. accounting standard has the meaning given by section 9 of the Corporations Act. accounts means statements of financial performance and statements of financial position, and includes statements, reports and notes (other than auditors' reports or directors' reports) attached to or intended to be read with any of those statements. advertisement includes matter that is not in writing but because of the form or context in which it appears conveys a message. affairs, in relation to a body corporate, has the meaning given by section 53 of the Corporations Act. approved form means a form approved by the Registrar. association means a body registered as an association under this Act. bank means— (a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or (b) a bank constituted under a law of a State. board, in relation to a co-operative housing body, means the board of directors of the body. body includes an entity. body corporate means any body corporate whether formed or incorporated within or outside this State, but does not include— (a) a body corporate that is incorporated within Australia or an external Territory and is a public authority or an instrumentality or agency of the Crown, or (b) a corporation sole. borrow means to obtain financial accommodation. certificate of confirmation has the meaning given by section 150 (Definitions). company means a company incorporated, or taken to be incorporated, under the Corporations Act. consolidated accounts, in relation to a co-operative housing body, means all of the following— (a) a consolidated statement of financial performance that section 129 (Group accounts) requires to be made out in relation to a financial year of the body, (b) a consolidated statement of financial position that section 129 (Group accounts) requires to be made out in relation to the financial year, (c) statements, reports and notes (other than a directors' report) attached to, or intended to be read with, that consolidated statement of financial performance or consolidated statement of financial position. co-operative housing body means— (a) a society, or (b) an association. co-operative housing society means a body registered under this Act as a co-operative housing society. Corporations Act means the Corporations Act 2001 of the Commonwealth. Court means the Supreme Court, or a Supreme Court Judge, of this State. director has the meaning given by section 5. economic entity has the meaning given by section 5A. entity has the meaning given by section 5A. executive officer, in relation to a co-operative housing body or entity, means a person (by whatever name called) who is concerned, or takes part, in the management of the body or entity. expert, in relation to a matter, means an independent person whose profession or reputation gives authority to a statement made by the person in relation to the matter. financial institution means a building society or credit union under the financial institutions legislation. financial institutions legislation has the same meaning as in the AFIC (NSW) Code. friendly society means a friendly society under the Friendly Societies Act 1989. group means an economic entity of which a co-operative housing body is a part. group accounts, in relation to a holding society, means a set of consolidated accounts for the group in relation to which the society is the holding society. holding body corporate means a body corporate that is the holding body corporate of another body corporate. holding society has the meaning given by section 7. inspector means a person authorised under section 30 (Inspectors). national business names register has the meaning given by the Corporations Act. officer has the meaning given by section 9 (Interpretation—meaning of "officer"). profit or loss means— (a) in relation to an entity—the profit or loss resulting from operations of the entity, and (b) in relation to 2 or more entities or an economic entity constituted by 2 or more entities—the profit or loss resulting from operations of those entities. registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under Part 9.2 of the Corporations Act. Registrar—see section 47A. related body corporate has the meaning given by section 10. securities has the meaning given by section 92 of the Corporations Act. services corporation means a body corporate declared to be a services corporation under section 13. share means a share in the share capital of a body corporate. society means a co-operative housing society or a Starr-Bowkett society. standard means a standard that is continued in force under clause 21 of Schedule 5. Starr-Bowkett society means a body registered under this Act as a Starr-Bowkett society. State means a State or Territory. subsidiary has the meaning given by section 11. transferee society has the meaning given by section 150 (Definitions). transferor society has the meaning given by section 150 (Definitions).