Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CO-OPERATIVE SOCIETIES ACT 1939 (REPEALED) NO 9 - SECT 7

Special meeting and inquiry

    (1)     The registrar shall, on the application of the majority of the board, or of not less than 1 / 3 of the members of any society

        (a)     call a special meeting of the society; or

        (b)     hold an inquiry into the affairs of the society;

as the application requires.

    (2)     The application shall be supported by any evidence that the registrar directs for the purpose of showing that the applicants have good reason for requiring the meeting or inquiry and that the application is made without malicious motive.

    (3)     The registrar shall forthwith give notice of the application to the society.

    (4)     The applicants shall give any security for payments of the expenses of the meeting or inquiry that the registrar directs.

    (5)     The registrar shall direct at what time and place the meeting shall be held and the matters that shall constitute the business of the meeting and shall give to members any notice of the meeting that he or she considers appropriate.

    (6)     The meeting shall have all the powers of a meeting called in accordance with the rules of the society and, notwithstanding any rule of the society to the contrary, shall have power to elect its own chairperson.

    (7)     The expense of, or incidental to, any meeting or inquiry held because of an application under this section shall be defrayed—

        (a)     by the applicants; or

        (b)     by the society; or

        (c)     by any officer or member, or former officer or member; or

        (d)     by some or all of them in proportions determined by the registrar;

as the registrar directs.

    (8)     The registrar may, although no application has been made under this section, hold an inquiry into the working and financial condition of a society and may require, from any bank where funds of the society are deposited or invested, a statement of the amount of the deposit or investment and any further particulars specified in the requirement.

    (9)     The registrar may, for any inquiry under this section, appoint an inspector to examine and report on the minutes, books, documents, stock, securities and affairs of any society.

    (10)     Any inspector appointed under this section may require the production of all or any of the books and documents of the society, and may examine on oath any officer, member, agent or employee of the society and may administer an oath accordingly.

    (11)     On the completion of any inquiry under this section the registrar may, if the registrar considers appropriate, call a special general meeting of the society.

    (12)     Subsections (5), (6) and (7) apply to a special general meeting called under subsection (11).



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