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An Act relating to Industrial and Provident Societies. [Assented to, December 6th, 1923.]

BE

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

Preliminary Provisions.

1. This Act may be cited as the "Industrial and Provident Short title. Societies Act, 1923."

2. (1) The Industrial and Provident Societies Act, 1864, is hereby Repeal of Act No. 13 repealed.

of 1864.

(2) Every society existing at the commencement of this Act Saving provision. which has been registered under the said repealed Act shall be cf. U.K. 56 & 57 deemed to be a society registered under this Act, and its rules shall, Vict. c. 39 s. 3. so far as the same are not contrary to any express provision of this Act, continue in force until altered or rescinded.

3. In this Act, if not inconsistent with the context

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Amendment of rule includes a new rule, and a resolution
rescinding a rule:

"Committee " means the committee of management or other
directing body of a society:

"Land" includes all tenements and hereditaments corporeal
and incorporeal of every kind and description, and every
estate and interest in land:

Meeting" includes (where the rules of a society so allow)
a meeting of delegates appointed by members:

"Office"

Definitions.

Cf. ibid., s. 79.

Registrar of

Industrial and

Provident Societies,

12, 1864, s. 3.

Societies which may
be registered.

Cf. U.K. 56 & 57
Vict. c. 39 s. 4.

Cf. 12, 1864, s. 1.

Limitation of

interest in shares of society.

Cf. ibid., s. 7.

Prohibition of

business of banking. Ibid., s. 1.

Industrial and Provident Societies Act.-1923.

"Office
means the registered office for the time being of a
society:

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Officer" extends to any trustee, treasurer, secretary, member of the committee, manager, or servant (other than a servant appointed by the committee) of a society: "Persons claiming through a member" includes the executors or administrators, and the assigns, of a member, and also his nominees where nomination is allowed:

"Printed" includes type-written :

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Property" includes all real and personal estate (including
books and papers):

Registrar means the Registrar of Industrial and Provident
Societies appointed under this Act:

Rules means the registered rules for the time being, and
includes any registered amendment of rules:

"Society" means an industrial and provident society registered or deemed to be registered under this Act.

4. (1) The Governor may, for the purposes of this Act, appoint a Registrar of Industrial and Provident Societies and a Deputy Registrar of Industrial and Provident Societies.

(2) Subject to anything prescribed, the Deputy Registrar of Industrial and Provident Societies shall have and may exercise all the powers and duties of the Registrar under this Act.

Registration of Societies.

5. (1) A society which may be registered under this Act (in this Act called an industrial and provident society) is a society for carrying on any industries, businesses, or trades specified in or authorised by its rules, whether wholesale or retail, and including dealings of any description with land: Provided that

1. no member, other than a registered society, shall have or claim any interest in the shares of the society exceeding Five Hundred Pounds:

II. no society shall carry on the business of banking.

(2) The taking by a society of deposits repayable in the manner Cf. U.K. 56 and 57 provided by the rules of such society, shall not be included in the Vict c. 39, s. 19 (3). business of banking within the meaning of this Act, but no society which takes such deposits shall make any payment of capital unless every claim due on account of any such deposit is satisfied or the money to satisfy all such claims has been appropriated for the purpose.

6. With

Industrial and Provident Societies Act.-1923.

6. With respect to the registration of new societies the following Conditions of provisions shall have effect :

registration.

Cf. U.K. 56 & 57

1. No society shall be registered under this Act which does Vict. c. 39 s. 5. not consist of seven persons at least:

12, 1864, s. 1

II. For the purpose of registration an application to register Ibid., s. 4.
the society, signed by seven members and the secretary,
and two printed copies of the rules, shall be sent to the

Registrar:

III. No society shall be registered under a name identical with Cf. ibid., s. 6 (part). that under which any existing company, firm, or society is registered under this or any other Act, or under any name which, by reason of its resemblance to the name of any other existing society or for any other reason, is, in the opinion of the Registrar, likely to mislead the members or the public as to its identity, and no society shall change its name except in the manner hereinafter provided :

IV. The words "Society, Limited," shall, in that order, be the Cf. ibid., s. 6 ́part). last words in the name of every society unless the word

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Co-operative" appears in such name, in which case

the word " Society need not appear in such name
and the word "Limited" shall be the last word therein :

v. Notwithstanding anything in this section, a society con- Cf. U.K., 3 & 4
sisting of two or more societies may be registered Geo. V. c. 31, s. 1.
if the application to register the society is signed by two
members of the committee and the secretary of each of
the constituent societies, and is accompanied by two
printed copies of the rules of each such society.

7. The Registrar, on being satisfied that a society has complied Acknowledgment with the provisions as to registration in force under this Act, shall

of registration.
Cf. U.K., 56 & 57

(a) indorse on the two copies of the rules sent to him with the Vict. c. 39, s. 6. application an acknowledgment of registration in the form of the First Schedule, and shall issue to the society one of the said copies of the rules so indorsed; and

(b) cause a notice of the registration to be published at the expense of the society in the Government Gazette.

8. (1) The Registrar may refuse to register any rule or amend- When Registrar may ment of rule which, in his opinion-

(a) would adversely affect the financial position of a society to the extent of unduly reducing the assets; or

(b) imposes any unreasonable condition affecting the rights of members, or contains any inequitable provision relating to the settlement of disputes or the terms of withdrawal of members from the society.

(2) The

refuse to register rules.

Cf. Qld. 32, 1920, s. 8.

Appeals from refusal
to register.

Cf. ibid., s. 7;
U.K. 58 & 59 Vict.
c. 30, s. 3.

No. 116 of 1878.

Effect of acknow-
ledgment of
registration.

Cf. U.K. 56 & 57
Vict. c. 39, s. 8.

Cf. 12, 1864, s. 4.

Cancelling and suspension of registration.

Cf. U.K. 56 & 57

Vict. c. 39, s. 9

Industrial and Provident Societies Act.-1923.

(2) The Registrar may require the revision or amendment of any rule or rules which, in his opinion, are of such a character as mentioned in subsection (1) hereof, whether such rule or rules are already registered or are merely submitted for registration, and if any such requisition is not complied with by any registered society the Registrar may cancel or suspend its registration, or if any such requisition is not complied with by an unregistered society, the Registrar may refuse to register the society.

9. (1) If the Registrar refuses to register the society, or any rules. or amendments of rules, the society may appeal from such refusal to the Supreme Court.

(2) If the refusal of registration is overruled on appeal, the Registrar shall

(a) indorse on the two copies of the rules sent to him with the application an acknowledgment in the form of the First Schedule, and shall issue to the society one of the said copies of the rules so indorsed; and

(b) cause a notice of the registration to be published in the Government Gazette.

(3) Rules of Court may be made under the Supreme Court Act, 1878, for regulating appeals under this section, and the provisions of Part V. of the said Act shall, so far as the same are applicable, apply to rules made by virtue of the powers hereby conferied.

10. An acknowledgment of registration in the form of the First Schedule, or a copy thereof certified under the hand of the Registrar to be a true copy, shall be conclusive evidence

(a) that the society therein mentioned is duly registered, unless it is proved that the registration of the society has been suspended or cancelled; and

(b) that the rules on which such acknowledgment is indorsed have been duly registered.

Cancelling and Suspension of Registration.

11. (1) The Registrar may cancel the registration of a society by writing under his hand

(a) if at any time it is proved to his satisfaction that the number of the members of the society has been reduced to less than seven, or that an acknowledgment of registration has been obtained by fraud or mistake, or that the society has ceased to exist:

(b) if he thinks fit, at the request of the society, to be evidenced in such manner as he from time to time directs:

(c) with the approval of the Minister, on proof to the satisfaction of the Registrar that the society exists for an illegal purpose, or has wilfully and after notice from the Registrar violated any of the provisions of this Act.

(2) The

Industrial and Provident Societies Act.-1923.

(2) The Registrar, in any case in which he might, with the approval of the Minister, cancel the registration of a society, may suspend the same, by writing under his hand, for any term not exceeding three months, and may, with the approval of the Minister, renew such suspension from time to time for the like period.

(3) Not less than two months' previous notice in writing, specifying briefly the ground of any proposed cancelling or suspension of registration, shall be given by the Registrar to a society before the registration of the same may be cancelled (except at its request) or suspended; and notice of every cancelling or suspension shall be published in the Government Gazette, and in some newspaper circulating in or about the locality in which the registered office of the society is situated, as soon as practicable after the same takes place.

(4) The Registrar or the Minister may, at any time, and for such reason as he thinks fit, by writing under his hand, remove the suspension of the registration of any society under this section; and notice of every such removal shall be published in the Government Gazette, and in some newspaper circulating in or about the locality in which the registered office of the society is situated, as soon as practicable after the same takes place.

(5) A society may appeal from the cancelling of its registration, or from any suspension of the same which is renewed after three months, in manner herein provided for appeals from the refusal of the Registrar to register.

(6) A society whose registration has been suspended or cancelled shall, from the date of publication in the Government Gazette of notice of such suspension or cancelling (but, if suspended, only while such suspension lasts, and in all cases subject also to the right of appeal hereby given), absolutely cease to enjoy as such the privileges of a registered society, but without prejudice to any liability actually incurred by such society, which may be enforced against the same as if such suspension or cancelling had not taken place.

Rules.

12. (1) The rules of a society registered under this Act shall contain provisions in respect of the several matters mentioned in the Second Schedule.

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(2) An amendment of a rule of a society shall not be valid until Cf. 12, 1864, s. 2. the same has been registered under this Act, for which purpose two printed copies of the same signed by three members and the secretary shall be sent to the Registrar.

(3) The Registrar shall, on being satisfied that any amendment of a rule is not contrary to the provisions of this Act, indorse on each of the two copies of the amendment sent to him as aforesaid an acknowledgment of registration of the same in the form of the Third Schedule, and issue to the society one of the copies of the amendment so indorsed.

(4) The

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