Co-operatives Act 2009

If the State Registrar is the appropriate Registrar, he or she must approve a merger pursuant to an application under this Division if satisfied that —

this Division has been complied with in relation to the application; and

the proposed rules of the merged co‑operative are adequate; and

the certificate of registration of the State co‑operative has been surrendered to the State Registrar; and

the certificate of registration of the participating co‑operative has been surrendered to the Registrar for the participating jurisdiction concerned; and

there is no good reason why the merged co‑operative and its rules should not be registered.

If the State Registrar is not the appropriate Registrar, he or she must approve a merger pursuant to an application under this Division if satisfied that the merger has been approved under the provision of the corresponding co‑operatives law of the participating jurisdiction that corresponds with subsection (1).

On approving an application for merger, the State Registrar must —

cancel the registration of the State co‑operative involved in the merger; and

if the merger is to result in a State co‑operative, register the merged co‑operative and its rules and issue to it a certificate of registration under this Act.

A merger takes effect on the issue of the certificate of registration for the merged co‑operative, whether under this Act or under the corresponding co‑operatives law of the participating jurisdiction concerned.