Australian Capital Territory Repealed Acts

This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 42

    (1)     The exercise of a power or the doing of an act in contravention of section 41 is not invalid only because of the contravention.

    (2)     An act of an officer of a cooperative is not invalid only because, by doing the act, the officer contravenes section 41.

    (3)     The fact that the exercise of a power or the doing of an act contravenes or would contravene section 41 may be asserted or relied on only in—

        (a)     a prosecution of a person for an offence against this Act; or

        (b)     an application for an order under division 4.5 (Oppressive conduct of affairs); or

        (c)     an application for an injunction under section 454 to restrain the cooperative from entering into an agreement; or

        (d)     a proceeding (other than an application for an injunction) by the cooperative, or by a member of the cooperative, against the present or former officers of the cooperative; or

        (e)     an application by the registrar or by a member of the cooperative for the winding-up of the cooperative.

    (4)     If, apart from subsection (3), the Supreme Court would have power under section 454 to grant, on the application of a person, an injunction restraining a cooperative or an officer of a cooperative from engaging in particular conduct in contravention of section 41, the court may, on the application of the person, order the cooperative or the officer to pay damages to the person or anyone else.