Co-operatives National Law (Tasmania) Local Regulations 2025

Co-operatives National Law (Tasmania) Local Regulations 2025

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Co-operatives National Law (Tasmania) Act 2015 .

B. BAKER

Governor

By Her Excellency's Command,

FELIX ELLIS

Minister for Housing, Planning and Consumer Affairs

1.   Short title

These regulations may be cited as the Co-operatives National Law (Tasmania) Local Regulations 2025 .

2.   Commencement

These regulations take effect on 12 August 2025.

3.   Interpretation

(1)  In these regulations –

Act means the Co-operatives National Law (Tasmania) Act 2015 .

(2)  A term used in these regulations and the Co-operatives National Law (Tasmania) has the same meaning as in the Co-operatives National Law (Tasmania).

4.   Unsuitable names for co-operatives

For the purposes of section 220(5) of the Co-operatives National Law (Tasmania) and regulation 3.7 of the Co-operatives National Regulations (Tasmania), a name is otherwise unsuitable if the Registrar is satisfied it is likely to mislead.

5.   Exemptions from prohibition on registering or trading under name including co-operative or similar words

(1)  For the purposes of sections 220(7) and 225(2) of the Co-operatives National Law (Tasmania), an entity is exempt if it is –

(a) permitted to assume or use the expression building society, credit union or credit society under section 66 of the Banking Act 1959 of the Commonwealth; or

(b) a friendly society within the meaning of the Life Insurance Act 1995 of the Commonwealth.

(2)  The Registrar may, by written notice given to an entity, grant the entity an exemption from section 220(4) or 225(1) of the Co-operatives National Law (Tasmania).

(3)  The notice –

(a) must specify whether the exemption is provided under section 220(7) or 225(2) of the Co-operatives National Law (Tasmania), or both provisions; and

(b) may specify conditions to which the exemption is subject.

(4)  The Registrar may, by further written notice given to the entity –

(a) vary the conditions of the exemption; or

(b) revoke the exemption.

(5)  For the purposes of this regulation, notice is given to an entity if it is given to a member of the controlling body of the entity.

6.   Applications for transfer of incorporation

For the purposes of section 403(b) of the Co-operatives National Law (Tasmania), the following legislation is prescribed:

(a) the Associations Incorporation Act 1964 ;

(b) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;

(c) any legislation of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.

7.   Procedures regarding giving of exemptions

For the purposes of section 621 of the Co-operatives National Law (Tasmania), an application for an exemption must be –

(a) made in writing, and

(b) accompanied by the relevant prescribed fee, if any.

8.   Fees

For the purposes of the Co-operatives National Law (Tasmania), the fees specified in Schedule 1 are prescribed.

9.   Co-operatives may continue to operate under existing rules

(1)  In this regulation –

relevant law means any of the following:

(a) the Act;

(b) the Co-operatives National Law (Tasmania);

(c) the Co-operatives National Regulations (Tasmania);

(d) these regulations.

(2)  For the purposes of clause 1 of Part 1 of Schedule 1 to the Co-operatives National Law (Tasmania) Act 2015 , a co-operative may continue to operate under the rules of the co-operative that were in force immediately before the Act commenced.

(3)  However –

(a) a provision of a relevant law prevails over a provision of the rules to the extent of an inconsistency; and

(b) a reference in the rules to a requirement under the Cooperatives Act 1999 (Repealed) or the Cooperatives Regulations 2010 (Rescinded) is taken to be a reference to a requirement under a relevant law that substantially corresponds to that requirement; and

(c) a reference in the rules to a co-operative being a trading co-operative or non-trading co-operative is taken to be a reference to the co-operative being a distributing co-operative or non-distributing co-operative, respectively.

SCHEDULE 1 - Fees

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 July 2025

These regulations are administered in the Department of Justice.