Co-operatives Act 2009

Before a State co‑operative and a participating co‑operative can apply for approval under this Division of a merger or transfer of engagements, the proposed merger or transfer must have been approved by each of the co‑operatives by —

a special resolution passed by special postal ballot; or

if permitted by subsection (3), by a special resolution, or by a resolution of the board, of the co‑operative.

The proposed merger or transfer of engagements may be approved by special resolution, or by a resolution of the board, of the co‑operative if —

the State Registrar consents to that procedure applying in the particular case; and

the participating Registrar also consents to that procedure applying in the particular case.

A consent referred to in subsection (3) may be granted subject to conditions, including a condition that a disclosure statement be provided to members or directors.

A co‑operative that contravenes a condition of a consent is taken not to have been given consent.