Offence for disqualified person to manage co-operative
181 Offence for disqualified person to manage co-operative
A person is a disqualified person in relation to a co-operative if the person:
is disqualified from managing corporations under Part 2D.6 of the
Corporations Act; or
is disqualified from managing co-operatives under this Division;
or
is disqualified from managing co-operatives under a corresponding co‑operatives law; or
is the auditor of the co-operative or a business partner, employee or employer of the auditor.
A person must not act as a director or directly or indirectly take part in, or be concerned with the management of, a co-operative if the person is a disqualified person in relation to the co-operative.
Maximum penalty: $24 000 or imprisonment for 2 years, or both.
It is a defence to an offence arising under this section if the person had permission or leave:
in the case of an offence arising in relation to subsection (1)(a) – to manage corporations granted under section 206G of the Corporations Act and as referred to in section
206G(1)(a) of that Act; or
in any case – to manage co-operatives given or granted under either section 188 or 189;
and their conduct was within the terms of that permission or leave.
This Act’s bill:Explanatory statement
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