68Oppressive conduct

68 Oppressive conduct (1) A member or former member of an incorporated association may apply to the Magistrates' Court for an order under this section on the ground that the association has engaged, or proposes to engage, in oppressive conduct. (2) Unless the Magistrates' Court grants leave to apply at a later date, an application under subsection (1) by a former member must be made within 6 months after the person ceases to be a member of the association. (3) The Magistrates' Court may only grant leave under subsection (2) if the Magistrates' Court is satisfied that there is sufficient public interest to do so. (4) On hearing the application, the Magistrates' Court may, if satisfied that the incorporated association has engaged, or proposes to engage, in oppressive conduct, make one or more of the following orders— (a) an order for regulating the conduct of the association's affairs in the future; (b) an order directing the association to institute, prosecute, defend or discontinue specified proceedings, or authorising a member of the association to do so on behalf of the association; (c) an order restraining a person from engaging in specified conduct or from doing a specified act or thing; (d) an order requiring a person to do a specified act or thing; (e) an order for the alteration of the rules of the association; (f) an order that a former member be reinstated as a member of the association; (g) an order terminating a person's membership of the association; (h) subject to subsection (5), any other order that is, in the opinion of the Court, necessary to remedy any default or resolve any dispute. (5) The Magistrates' Court must not make an order that an incorporated association be wound up. (6) For the purposes of this section— (a) ***oppressive conduct***, in relation to an incorporated association, includes conduct that is— (i) unfairly prejudicial to, or unfairly discriminatory against, a member of the incorporated association (including in the member's capacity as a member of the committee); or (ii) contrary to the interests of the members of the incorporated association as a whole; and (b) a reference to engaging in conduct includes a reference to refusing or failing to take action.