Tasmanian Numbered Acts

COOPERATIVES ACT 1999 (NO. 85 OF 1999) - SECT 9

9. Interpretation of adopted provisions of Corporations Law

      (1) Provisions of the Corporations Law adopted by this Act apply with any modifications that may be necessary or appropriate for the effectual application of the provisions to cooperatives.

      (2) Examples of necessary or appropriate modifications are as follows:

(a) a reference to articles or memorandum of association or constitution or replaceable rules is to be read as a reference to rules;

(b) a cross-reference to another provision of the Corporations Law is, if that cross-reference is not appropriate (because, for example, the provision cross-referred to is not among the provisions applied), to be read as a cross-reference to the equivalent provision of this Act;

(c) a reference to the Gazette is to be read as a reference to the Tasmanian Government Gazette;

(d) a reference to the Commonwealth is to be read as a reference to Tasmania;

(e) provisions which are not relevant to cooperatives or which are incapable of application to cooperatives are to be ignored;

(f) modifications directed by the Commissioner under subsection (3);

(g) a reference to the Australian Securities and Investments Commission, however referred to, is to be read as a reference to the Commissioner.

      (3) The Commissioner may by order published in the Gazette give directions as to the modifications that are necessary or desirable for the effectual operation of the adopted provisions of the Corporations Law.

      (4) Provisions of the Corporations Law adopted by or under this Act apply and are to be interpreted as if the definitions of words and expressions and other interpretative provisions contained in the Corporations Law formed part of this Act.

      (5) This section has effect subject to any specific requirements of provisions of this Act that adopt provisions of the Corporations Law.