Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 17

17 .         Approval of rules

        (1)         A draft of the rules proposed for the co-operative (including active membership provisions in accordance with Part 6) must be submitted to the Registrar at least 35 days (or a shorter period the Registrar may allow in a particular case) before the formation meeting is due to be held.

        (2)         The draft rules submitted under subsection (1) must be accompanied by a written statement specifying the date on which the formation meeting is due to be held.

        (3)         The proposed rules must —

            (a)         be in accordance with section 98; and

            (b)         be in a form that may reasonably be approved.

        (4)         The Registrar may —

            (a)         approve the proposed rules as submitted; or

            (b)         approve different proposed rules to those submitted; or

            (c)         refuse to approve the proposed rules; or

            (d)         require the person submitting the draft rules to give the Registrar any additional information the Registrar reasonably requires, and then act under paragraph (a), (b) or (c).

        (5)         Subject to subsection (6), the Registrar approves proposed rules by giving written notice of that approval to the person who submitted the proposed rules to the Registrar.

        (6)         The Registrar is taken to have approved the proposed rules as submitted to the Registrar unless at least 5 days before the date specified in the written statement submitted under subsection (2), the Registrar gives written notice to the person who submitted the proposed rules that the Registrar —

            (a)         has approved different proposed rules to those submitted; or

            (b)         is still considering the matter; or

            (c)         refuses to approve the proposed rules.

        (7)         If the Registrar approves different rules to those submitted, or refuses to approve proposed rules, the Registrar must give the person who submitted the proposed rules notice of the reasons for doing so.

        [Section 17 amended: No. 7 of 2016 s. 14.]



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