Co-Operatives (National Uniform Legislation) Act 2015

(1) A co-operative may by ordinary resolution remove a director from office despite anything in:

(c) an agreement between any or all members of the co-operative and the director.

(2) Notice of intention to move the resolution must be given to the co‑operative at least 2 months before the meeting is to be held. However, subject to subsection (3), if the co-operative calls a meeting after the notice of intention is given under this subsection, the meeting may pass the resolution even though the meeting is held less than 2 months after the notice of intention is given.

(3) At least 21 days notice must be given of a meeting of the members of the co-operative at which a resolution will be moved:

(4) The co-operative must give the director a copy of the notice as soon as practicable after it is received.

Maximum penalty: $500.

(a) giving the co-operative a written statement for circulation to members (see subsections (6) and (7)); and

(6) The written statement is to be circulated by the co-operative to members by:

(a) sending a copy to everyone to whom notice of the meeting is sent if there is time to do so; or

(b) if there is not time to comply with paragraph (a) – having the statement distributed to members attending the meeting and read out at the meeting before the resolution is voted on.

The co-operative contravenes this subsection if it does not comply with this subsection.

Maximum penalty: $500.

(7) The director's statement does not have to be circulated to members if it is more than 1,000 words long or defamatory.

(8) If a person is appointed to replace a director removed under this section, the time at which:

is to retire is to be worked out as if the replacement director had become director on the day on which the replaced director was last appointed a director.

(9) An offence based on subsection (4) or (6) is an offence of strict liability.