49AAppointment of administrator

49A Appointment of administrator

(1) The registrar, with the approval of the Minister, may appoint an administrator to conduct the affairs of a society as provided in this section.

(2) The registrar must not appoint an administrator unless—

(a) the registrar has certified that any one or more of the events specified in subsection (17) has occurred; or

(b) the registrar is satisfied that it is in the interests of the public or of members or creditors of the society that the affairs of the society should be conducted by an administrator.

(3) The registrar must not certify under subsection (2) unless the ground or matter to be certified has been proved to his or her satisfaction.

(4) Upon the appointment of an administrator of a society—

(a) the directors of the society cease to hold office; and

(b) all contracts of employment with, or for the provision of secretarial or administrative services to, the society are voidable by the administrator.

(5) An administrator of a society—

(a) has the powers, authorities, duties and functions of the board of directors of the society including, without limiting the generality of the foregoing, the board of directors' powers of delegation; and

(b) must observe any relevant law, regulation or industrial award in respect of the giving of notice and the provision of termination or other entitlements to employees.

(6) Except as provided by subsection (10), no appointment or election of a director of the society may be made while the administrator is in office.

(7) An administrator holds office until his or her appointment is revoked.

(8) Upon revocation of his or her appointment, an administrator must prepare and submit forthwith a report to the registrar showing how the administration was conducted and, for that purpose, an administrator has access to the records and documents of the society.

(9) Upon completion of the report and accounting fully in respect of the administration to the satisfaction of the registrar, the administrator is released from any further liability to account in respect of the administration, other than on account of fraud or dishonesty.

(10) Before revoking the appointment of an administrator of a society, the registrar must—

(a) appoint another administrator; or

(b) ensure that directors of the society have been elected in accordance with the rules, at a meeting convened by the administrator in accordance with those rules; or

(c) appoint directors of the society; or

(d) appoint a liquidator of the society.

(11) Directors elected under subsection (10)(b) or appointed under subsection (10)(c)—