308Nomination of auditor (cf Corporations Act s 328B)

308 Nomination of auditor (cf Corporations Act s 328B)

(1) Subject to this section, a co-operative may appoint an individual, firm or company as auditor of the co-operative at its annual general meeting only if a member of the co-operative gives the co-operative written notice of the nomination of the individual, firm or company for appointment as auditor:

(a) before the meeting was convened; or

(b) not less than 21 days before the meeting.

This subsection does not apply if an auditor is removed from office at the annual general meeting.

(2) If a co-operative purports to appoint an individual, firm or company as auditor of the co-operative in contravention of subsection (1):

(a) the purported appointment is of no effect; and

(b) the co-operative is guilty of an offence.

(3) If a member gives a co-operative notice of the nomination of an individual, firm or company for appointment as auditor of the co-operative, the co-operative must send a copy of the notice to:

(a) each individual, firm or company nominated; and

(b) each auditor of the co-operative; and

(c) each person entitled to receive notice of general meetings of the co-operative;

and this is so whether the appointment is to be made at a meeting or an adjourned meeting referred to in section 302 or at an annual general meeting.

(4) The copy of the notice of nomination must be sent:

(a) not less than 7 days before the meeting; or

(b) at the time notice of the meeting is given.