189Court’s power to grant leave (cf Corporations Act s 206G)

189 Court’s power to grant leave (cf Corporations Act s 206G)

(1) A person who is disqualified from managing co-operatives may apply to the Supreme Court for leave to manage:

(a) co-operatives; or

(b) a particular class of co-operatives; or

(c) a particular co-operative;

except where the person was disqualified by the Registrar under section 187.

(2) The person must lodge a notice with the Registrar at least 21 days before commencing the proceedings.

(3) The notice must be in the approved form.

(4) The order granting leave may be expressed to be subject to conditions or limitations determined by the Supreme Court.

(5) The person must lodge with the Registrar a copy of any order granting leave within 14 days after the order is made.

(6) On application by the Registrar, the Supreme Court may revoke the leave. The order revoking leave does not take effect until it is served on the person.

(7) A person must comply with any condition or limitation subject to which leave is granted.

(8) This section does not apply to a person who is disqualified from managing co-operatives because of section 181 (1) (d).

Division 3 Secretary

190 Secretary

(1) A co-operative must have a secretary.

(2) The board of the co-operative is to appoint the secretary.

(3) The board may appoint a person to act as the secretary during the absence or incapacity of the secretary.

(4) A person is not qualified to be appointed as, or to act as, the secretary unless the person is an adult who ordinarily resides in Australia.

191 Responsibility of secretary (cf Corporations Act s 188)

(1) The secretary of a co-operative contravenes this subsection if the co-operative contravenes a provision of this Law specified in the National Regulations.

(3) A person does not contravene subsection (1) if they show that they took all reasonable steps to ensure that the co-operative complied with the section.

Division 4 Duties and liabilities of directors, officers and employees