Co-operatives Act 2009

A co‑operative may by ordinary resolution remove a director from office despite anything in —

the rules of the co‑operative; or

an agreement between the co‑operative and the director; or

an agreement between any or all members of the co‑operative and the director.

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 (4), if the co‑operative calls a meeting after the notice of intention is given under subsection (2), the meeting may pass the resolution even though the meeting is held less than 2 months after the notice of intention is given.

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 —

to remove a director from office; or

to appoint a director in place of a director removed from office.

The co‑operative must give the director a copy of the notice as soon as practicable after it is received.

The director is entitled to put his or her case to members by —

giving the co‑operative a written statement for circulation to members (see subsections (7) and (8)); and

speaking to the motion at the meeting.

The co‑operative must circulate the written statement to members by —

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

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 director’s statement does not have to be circulated to members if it is more than 1 000 words long or defamatory.

If a person is appointed to replace a director removed under this section, the time at which —

the replacement director; or

any other director,

Despite The Criminal Code section 23B(2), it is immaterial for the purposes of subsections (5) and (7) that any event occurred by accident.