186Court’s power of disqualification—repeated contraventions of Law

186 Court’s power of disqualification—repeated contraventions of Law

186 Court’s power of disqualification—repeated contraventions of Law

(cf Corporations Act s 206E)

(1) On application by the Registrar, the Supreme Court may disqualify a person from managing co-operatives for the period that the court considers appropriate if—

(a) the person—

(i) has at least twice been an officer of a co-operative that has contravened co-operatives legislation while they were an officer of the co-operative and each time the person has failed to take reasonable steps to prevent the contravention; or

(ii) has at least twice contravened co-operatives legislation while they were an officer of a co-operative; or

(iii) has been an officer of a body corporate and has done something that would have contravened section 192 or 193 if the body corporate had been a co-operative; and

(b) the court is satisfied that the disqualification is justified.

(2) In determining whether the disqualification is justified, the Supreme Court may have regard to—

(a) the person’s conduct in relation to the management, business or property of any corporation; and

(b) any other matters that the court considers appropriate.

(3) In this section—

co-operatives legislation means this Law or a corresponding co-operatives law.