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s 120

Cancellation of membership of inactive or missing member

In force
Part 6Active membership
Division 4Cancellation of membership of inactive or missing members

120 Cancellation of membership of inactive or missing member

(1)

In this section —

required period, in relation to a co‑operative, means —

(a)

3 years; or

(b)

a shorter period if specified in the rules of the co‑operative.

(2)

Subject to subsection (3), sections 123 and 124, the board of a co‑operative must declare the membership of a member cancelled if —

(a)

the whereabouts of the member are not presently known to the co‑operative and have not been known to the co‑operative for at least the required period before that time; or

(b)

the member is not presently an active member of the co‑operative and has not been an active member of the co‑operative at any time during the required period immediately before that time.

(3)

Subsection (2) applies to a member only if he or she was a member of the co‑operative throughout the required period.

(4)

Whether a member was an active member at a particular time in the past is to be decided by reference to the active membership provisions in force at that time.

(5)

The board’s declaration under this section has the effect of cancelling the membership concerned.

(6)

A person may apply to the Supreme Court for an order under section 126 in relation to the cancellation of the person’s membership under this section.

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