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s 206G

Court’s power of disqualification: repeated contraventions of law

In force
Part 9Management and administration of co‑operatives
Division 2ADisqualification from managing co‑operatives

206G Court’s power of disqualification: repeated contraventions of law

(1)

In this section —

co‑operatives legislation means this Act or a corresponding co‑operatives law.

(2)

On application by the Registrar, the Supreme Court may disqualify a person from managing co‑operatives for the period that the court considers appropriate if —

(a)

the person —

(i)

has at least twice been an officer of a co‑operative that has contravened co‑operatives legislation while they were an officer of the co‑operative and each time the person has failed to take reasonable steps to prevent the contravention; or

(ii)

has at least twice contravened co‑operatives legislation while they were an officer of a co‑operative; or

(iii)

has been an officer of a body corporate and has done something that would have contravened section 207 or 208 if the body corporate had been a co‑operative;

and

(b)

the court is satisfied that the disqualification is justified.

(3)

In determining whether the disqualification is justified, the Supreme Court may have regard to —

(a)

the person’s conduct in relation to the management, business or property of any entity; and

(b)

any other matters that the court considers appropriate.

[Section 206G inserted: No. 7 of 2016 s. 61.]

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Section 206G — Court’s power of disqualification: repeated contraventions of law — Co-operatives Act 2009 (Western Australia) — Barrister AI