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Western Australia act
This is Western Australia's Co-operatives Act 2009, a comprehensive law that sets up the rules for how co-operatives (member-owned businesses) are formed, run, and dissolved in the state.
What it does:
Creates two types of co-operatives: Distributing co-operatives (can share profits with members) and non-distributing co-operatives (cannot distribute profits, often used for community or charitable purposes)
Establishes the "co-operative principles" — seven core values including voluntary membership, democratic control (one member, one vote), member economic participation, autonomy, education, co-operation between co-operatives, and concern for community
Sets up registration and formation rules: Requires formation meetings, disclosure statements, approved rules, and Registrar oversight to start a co-operative
Governs membership: Members must be "active" (use the co-operative's services), with special rules for when membership can be cancelled for inactivity
Regulates shares and fundraising: Rules for issuing shares, debentures, and "co-operative capital units" (CCUs), with disclosure requirements similar to company law
Requires democratic governance: One member, one vote (with limited exceptions), annual general meetings, and special postal ballots for major decisions
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Direct links to the current provisions in Co-operatives Act 2009.
The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.
View on official registerSourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Imposes director duties: Care, diligence, good faith, and proper purpose requirements, plus restrictions on conflicts of interest and financial benefits to directors
Mandates financial reporting: Large co-operatives must prepare audited financial reports; small co-operatives have lighter obligations
Provides for mergers, winding-up, and administration: Including special rules for when co-operatives become insolvent
Applies parts of the Commonwealth Corporations Act: Through a complex system of "applied provisions" with modifications
Who it affects: Anyone starting, running, investing in, or doing business with a WA co-operative — including farmers' co-ops, credit unions, housing co-ops, and consumer co-ops.
Why it matters: It gives co-operatives a distinct legal identity separate from companies, protects member rights, ensures democratic control, and provides a framework for community-owned businesses to operate sustainably.