Queensland Consolidated Acts

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COOPERATIVES ACT 1997 - SCHEDULE 8

-- DICTIONARY

administrator for schedule 4 see section 1 of that schedule.

affairs for part 15, division 2 see section 408.

agreement means an agreement, arrangement or understanding—

(a) whether formal or informal or partly formal and partly informal; or
(b) whether written or oral or partly written and partly oral; or
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.

alter, the rules of a cooperative, includes add to, substitute and rescind.

application closing time, for part 19, division 2, see section 472.

appropriate registrar for part 14, division 3 see section 371.

approved form see section 467.

associate see schedule 2, section 18.

association means an association registered under this Act.

board means the board of directors of a cooperative and includes a committee of management of a cooperative.

carrying on business see section 360.

component cooperative means a member of an association.

control for part 9, division 5 see section 231.

control day for schedule 4 see section 1 of that schedule.

controller for schedule 4 see section 1 of that schedule.

cooperative means—

(a) for this Act other than schedule 4—a body registered under this Act as a cooperative and includes an association or federation; or
(b) for schedule 4—see section 1 of that schedule.

cooperative venture for part 15 see section 380.

cooperatives law for part 14 see section 357.

costs for part 15, division 2 see section 408.

daily newspaper for schedule 4 see section 1 of that schedule.

debenture means a document issued by a cooperative that evidences or acknowledges indebtedness of the cooperative for money that is or may be deposited with or lent to the cooperative (whether a charge on property of the cooperative or not) and includes a unit of a debenture, but does not include—

(a) a cheque, order for the payment of money or bill of exchange; or
(b) a promissory note having a face value of not less than $50000; or
(c) another document of a class prescribed under a regulation as exempt from this definition.

deed of arrangement means a deed of arrangement executed under the Corporations Act, part 5.3A (as applying under this Act) or a deed of that type as varied and in force from time to time.

deposit-taking cooperative means a cooperative permitted under section 252 to accept money on deposit.

deregistration means deregistration under section 308 or 462(1) or schedule 5, section 14.

director, of a cooperative, includes—

(a) a person who occupies or acts in the position of a director or member of the board of a cooperative, whether or not the person is called a director and whether or not the person is validly appointed or properly authorised to act in the position; and
(b) a person under whose directions or instructions the directors or members of the board of directors of the cooperative are accustomed to act.

dissenting shareholder, for part 13, division 3 see section 345.

entity for part 9, division 5 see section 231.

excluded shares, for part 13, division 3 see section 345.

federation means a federation registered under this Act.

financial records include—

(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and
(b) documents of prime entry; and
(c) working papers and other documents needed to explain—
(i) the methods by which financial statements are made up; and
(ii) adjustments to be made in preparing financial statements.

financial report means an annual financial report or a half-year financial report prepared under the Corporations Act, chapter 2M.

financial statements means annual financial statements under the Corporations Act, section 295 or half-year financial statements under the Corporations Act, section 303.

foreign cooperative means a corporation registered, incorporated or formed under, or subject to, a law in force outside Queensland (including outside Australia), that regulates cooperatives or organisations having attributes the same as or similar to cooperatives but does not include—

(a) a body incorporated under the Corporations Act; or
(b) a financial institution.

function includes a power.

inspector means a person appointed as an inspector under part 15.

interest for part 4, division 3 see section 77.

investigator for part 15, division 2 see section 408.

involved person for part 15, division 2 see section 408.

managing controller for schedule 4 see section 1 of that schedule.

member for part 4, division 4 see section 82.

model rules means model rules approved by regulation under part 5.

mortgage includes lien, charge or other security over property.

national newspaper for schedule 4 see section 1 of that schedule.

new body for part 12, division 2 see section 299.

non-participating cooperative for part 14 see section 357.

non-trading cooperative means a non-trading cooperative under section 15.

officer, of a cooperative, other than for part 9, division 2 and schedule 4 means—

(a) a director, secretary or employee of the cooperative; or
(b) a person who is concerned, or takes part, in the management of the cooperative, whether or not as a director; or
(c) a receiver and manager, appointed under a power contained in an instrument, of property of the cooperative; or
(d) an administrator of a deed of arrangement executed by the cooperative; or
(e) a liquidator or provisional liquidator appointed in a voluntary winding-up of the cooperative; or
(f) an administrator of the cooperative appointed under—
(i) the Corporations Act, part 5.3A, as applying under this Act; or
(ii) part 12, division 5; or
(g) a trustee or other person administering a compromise or arrangement made between the cooperative and another person.

officer means—

(a) for part 9, division 2 see section 214; or
(b) for schedule 4 see section 1 of that schedule.

participating cooperative for part 14 see section 357.

participating State for part 14 see section 357.

place for part 15 see section 380.

primary activity see section 113.

principal executive officer, of a cooperative or a subsidiary of a cooperative, means the principal executive officer of the cooperative or subsidiary for the time being, by whatever name called, and whether or not the officer is a director or the secretary.

property, for schedule 4, see section 1 of that schedule.

receiver, for schedule 4, see section 1 of that schedule.

records includes books, financial records, financial reports, minutes, registers, deeds, writings, documents and other sources of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in another way.

register means—

(a) for a cooperative—the register under section 437 as it relates to cooperatives; or
(b) for a foreign cooperative—the register under section 437 as it relates to foreign cooperatives.

registrar see section 433.

related (in the context of related corporations) see schedule 2, part 3.

relevant documents for part 15 see section 380.

relevant interest see schedule 2, part 1.

repealed Acts for schedule 5 see section 1 of that schedule.

rule means registered rule of a cooperative for the time being in force.

schedule 3, for part 19, division 2, see section 472.

seal, of a cooperative, means common seal or official seal.

secretary, of a cooperative, means the person appointed under section 213A to be, or to act as, the secretary of the cooperative.

share means share in the share capital of a cooperative.

subordinated debt see section 255.

subsidiary see the Corporations Act.

surplus, in relation to a cooperative, means the excess of income over expenditure after making adequate allowance for taxation expense, depreciation in value of the property of the cooperative and for future contingencies.

trading cooperative means a trading cooperative under section 14.

transfer for part 12, division 2 see section 299.

transferred cooperative for schedule 5 see section 1 of that schedule.



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