Co-operatives Act 2009

This section applies to —

an alteration of rules referred to in subsection (1B); and

an alteration of rules referred to in section 28(3A) relating to the conversion of a non‑distributing co‑operative to a distributing co‑operative.

The Registrar may, by order published in the Gazette, specify for the purposes of this section classes of alterations that must not be made to the rules of a co‑operative without the prior approval of the Registrar and, without limitation, may do so by reference to classes or subclasses of matters referred to in Schedule 1.

A proposed alteration of the rules of a co‑operative to which this section applies must be approved by the Registrar before the resolution altering the rules is passed by the co‑operative or the board of the co‑operative.

A draft of the proposed alteration must be submitted to the Registrar at least 21 days (or a shorter period the Registrar may allow in a particular case) before —

the notice of the proposed special resolution altering the rules is due to be given to the members by the co‑operative; or

the resolution is due to be passed by the board of the co‑operative.

The proposed alteration submitted under subsection (2) must be accompanied by a written statement specifying the date on which the notice is due to be given to members or the resolution is due to be passed by the board, as the case may be.

The proposed alteration must —

be in accordance with section 98; and

be made in a form approved by the Registrar; and

be accompanied by a statement setting out the reasons for the alteration.

The Registrar may —

approve the proposed alteration as submitted; or

approve a different alteration to that submitted; or

refuse to approve the proposed alteration; or

require the co‑operative to give the Registrar any additional information the Registrar reasonably requires, and then act under paragraph (a), (b) or (c).

Subject to subsection (7), the Registrar approves a proposed alteration by giving written notice of the approval to the co‑operative.

The Registrar is taken to have approved a proposed alteration as submitted to the Registrar unless at least 5 days before the date specified in the written statement submitted under subsection (3), the Registrar gives written notice to the co‑operative that the Registrar —

has approved a different alteration to that submitted; or

has refused to approve the proposed alteration; or

is still considering the matter.

If the Registrar approves a different alteration to that submitted, or refuses to approve a proposed alteration, the Registrar must give the co‑operative written notice of the reasons for doing so.