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Co-operatives (Adoption of National Law) Act 2012
316Exemptions—individual co-operatives
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#### 316 Exemptions—individual co-operatives
316 Exemptions—individual co-operatives
(cf Corporations Act s 340)
> > (1) On an application made in accordance with subsection (4) in relation to a co-operative, the Registrar may, by designated instrument, exempt any of the following from compliance with all or specified requirements of the target provisions referred to in subsection (2)—
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> > > (a) the directors;
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> > > (b) the co-operative;
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> > > (c) the auditor.
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> > Note—
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> > For the criteria for granting exemptions under this section, see section 318.
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> > (2) The target provisions are—
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> > > (a) Divisions 2–11 of this Part, including provisions of the Corporations Act (as applying under any of the provisions of those Divisions), but not including Division 4 of Part 2M.4 of the Corporations Act as so applying; and
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> > > (b) sections 324BA, 324BB and 324BC of the Corporations Act (as applying under section 297 of this Law).
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> > Note—
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> > The target provisions generally correspond to the provisions of the Corporations Act referred to in section 340 of that Act (being Parts 2M.2, 2M.3 and 2M.4 (other than Division 4)).
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> > (3) The exemption may—
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> > > (a) be expressed to be subject to conditions; and
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> > > (b) be indefinite or limited to a specified period; and
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> > > (c) if indefinite, be expressed to commence on a specified date.
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> > (4) The application must be—
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> > > (a) authorised by a resolution of the directors; and
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> > > (b) in writing and signed by a director; and
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> > > (c) lodged with the Registrar.
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> > (5) The Registrar must give the applicant written notice of the granting, revocation or suspension of the exemption.