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National Co-operatives Law Update
Issue # 14 – December 2015

Welcome to the December 2015 issue of the National Co-operatives Law Update.

The previous issue 13 foreshadowed the commencement of the CNL in the Northern Territory and Tasmania later in 2015, following the passage of their enabling laws through their respective Parliaments earlier in 2015.

Issue 14 confirms the commencement of the CNL in these two jurisdictions and advises on progress with the CNL enabling laws or alternative consistent legislation in the other jurisdictions.

This means the CNL has now commenced in 5 jurisdictions being: NSW and Victoria (both on 3/3/2014), South Australia (22/5/2015), Northern Territory (1/7/2015) and Tasmania (1/9/2015).

Information about the CNL commencement arrangements follows for both the Northern Territory and Tasmania.

Topics addressed in this issue

  • Start of Co-operatives National Law in NT and Tas
  • Progress in other jurisdictions yet to commence their new laws
 

Northern Territory CNL started on 1 July 2015

The enabling legislation for the Northern Territory’s CNL is the Co-operatives (National Uniform Legislation) Act 2015 and it is available from the Northern Territory Government’s legislation database.

In addition to that Act, the NT CNL legislation also comprises the:

  • Co-operatives National Law (NT) (and is attached to the 2015 Act)
  • Co-operatives National Regulations (NT) (template is available from the NSW legislation website), and
  • Co-operatives (National Uniform Legislation) Regulations 2015 (NT) – the NT CNL Local Regulations (available from the NT legislation database).

With the NT CNL having started on 1/7/2015, both the then current NT Co-operatives Act and Co-operatives Regulations were repealed on that date.

NT co-operatives are able to continue to operate under their existing rules. However if there is any inconsistency between a provision of the old rules and the new legislation, the new legislation prevails.

For further information about the NT CNL:

 

Tasmanian CNL commenced on 1 September 2015

The Tasmanian CNL enabling laws are known as the Co-operatives National Law (Tasmania) Act 2015. This Act may be viewed or downloaded from the Tasmanian legislation website.

The other legislation making up the Tasmanian CNL laws are the:

  • Co-operatives National Law (Tasmania) (template is available from the NSW legislation website - refer to the appendix of the Co-operatives (Adoption of National Law) Act 2012 (NSW))
  • Co-operatives National Regulations (Tasmania) (template is available from the NSW legislation website), and
  • Co-operatives National Law (Tasmania) Local Regulations 2015 (available from the Tasmanian legislation website).

When the Co-operatives National Law (Tasmania) Act 2015 commenced on 1/9/2015 it repealed the Co-operatives Act 1999 (Tas), rescinded the Co-operatives Regulation 2010 (Tas) and revoked the Co-operatives Order 2010 (Tas).

Like NT based co-operatives, Tasmanian based co-operatives are able to continue to operate under their existing rules. However if there is any inconsistency between a provision of the old rules and the new legislation, the new legislation prevails.

Further information about the Tasmanian CNL is available from:

 

Progress in other jurisdictions yet to commence their new laws

At the time of preparing this issue of the NCL Update, progress in the following jurisdictions that were yet to commence their CNL or alternative consistent legislation is summarised below.

ACT

Earlier in 2015, following a reorganisation of Ministerial and administrative arrangements, a new Minister is now responsible for co-operatives. The ACT government is working towards the drafting of its CNL enabling laws, targeted for introduction in 2017 as there is an ACT election in October 2016.

Qld

On 30 January 2015, Queensland withdrew from the Australian Uniform Co-operative Laws Agreement (AUCLA) which provides for the introduction of the CNL or alternative consistent legislation by the States and Territories. Following a change of Government earlier this year, Queensland is considering whether the existing law in Queensland should be changed. In the interim, the Co-operatives Act 1997 (Qld) continues to apply.

WA

WA updated its co-operatives legislation in the form of the Co-operatives Act 2009 (WA) and its supporting Co-operatives Regulations 2010, which were based on the draft CNL as it was at that time during its development. WA is in the process of amending this legislation, so that it will be consistent with the CNL. A Bill to amend the WA Co-operatives Act was introduced to the Legislative Council on 18 November 2015 and will be considered by the WA Parliament in the new year. Subject to the passage of the amendment Bill through Parliament and the subsequent amendment of the WA Co-operatives Regulations, WA is targeting the commencement of its alternative consistent legislation during 2016.

The National Co-operatives Law Update will continue to advise subscribers about progress with the staged commencement of the CNL.

 


Note:
You have received this information as you have subscribed to receive free email updates on the Co-operatives National Law. New subscribers interested in background about the development of the new laws may refer to the Co-operative National Law webpage on the Fair Trading website , which includes back issues of the NCL Update.

National Co-operatives Law Update is produced by NSW Fair Trading on behalf of the CNL Working Party established to assist the Ministers in the COAG Legislative and Governance Forum on Consumer Affairs (CAF), who have responsibility for the CNL under the Australian Uniform Co-operative Laws Agreement (AUCLA).

 
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