187Registrar’s power of disqualification

187 Registrar’s power of disqualification

187 Registrar’s power of disqualification

(cf Corporations Act s 206F (1)–(4))

(1) The Registrar may disqualify a person from managing co-operatives for up to 5 years if—

(a) within 7 years immediately before the Registrar gives a notice under paragraph (b) (i)—

(i) the person has been an officer of 2 or more co-operatives; and

(ii) while the person was an officer, or within 12 months after the person ceased to be an officer of those co-operatives, each of the co-operatives was wound up and a liquidator lodged a report about the co-operative’s inability to pay its debts; and

(b) the Registrar has given the person—

(i) a notice in the approved form requiring them to demonstrate why they should not be disqualified; and

(ii) an opportunity to be heard on the question; and

(c) the Registrar is satisfied that the disqualification is justified.

(2) If the Registrar disqualifies a person from managing co-operatives under this section, the Registrar must serve a notice on the person advising them of the disqualification.

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

(4) The disqualification takes effect from the time when a notice referred to in subsection (2) is served on the person.