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s 206H

Registrar’s power of disqualification

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

206H Registrar’s power of disqualification

(1)

The Registrar may disqualify a person from managing co‑operatives for up to 5 years if —

(a)

within 7 years immediately before the Registrar gives a notice under paragraph (b)(i) —

(i)

the person has been an officer of 2 or more co‑operatives; and

(ii)

while the person was an officer, or within 12 months after the person ceased to be an officer of those co‑operatives, each of the co‑operatives was wound up and a liquidator lodged a report about the co‑operative’s inability to pay its debts;

and

(b)

the Registrar has given the person —

(i)

a notice in the form approved by the Registrar requiring them to demonstrate why they should not be disqualified; and

(ii)

an opportunity to be heard on the question;

and

(c)

the Registrar is satisfied that the disqualification is justified.

(2)

If the Registrar disqualifies a person from managing co‑operatives under this section, the Registrar must serve a notice on the person advising them of the disqualification.

(3)

The notice must be in the form approved by the Registrar.

(4)

The disqualification takes effect from the time when a notice referred to in subsection (2) is served on the person.

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

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Section 206H — Registrar’s power of disqualification — Co-operatives Act 2009 (Western Australia) — Barrister AI