Western Australian Current Acts

CO-OPERATIVES ACT 2009 - SECT 206A

206A .         Removal from office by resolution

        (1)         A co-operative may by ordinary resolution remove a director from office despite anything in —

            (a)         the rules of the co-operative; or

            (b)         an agreement between the co-operative and the director; or

            (c)         an agreement between any or all members of the co-operative and the director.

        (2)         Notice of intention to move the resolution must be given to the co-operative at least 2 months before the meeting is to be held.

        (3)         However, subject to subsection (4), if the co-operative calls a meeting after the notice of intention is given under subsection (2), the meeting may pass the resolution even though the meeting is held less than 2 months after the notice of intention is given.

        (4)         At least 21 days notice must be given of a meeting of the members of the co-operative at which a resolution will be moved —

            (a)         to remove a director from office; or

            (b)         to appoint a director in place of a director removed from office.

        (5)         The co-operative must give the director a copy of the notice as soon as practicable after it is received.

        Penalty for this subsection: a fine of $500.

        (6)         The director is entitled to put his or her case to members by —

            (a)         giving the co-operative a written statement for circulation to members (see subsections (7) and (8)); and

            (b)         speaking to the motion at the meeting.

        (7)         The co-operative must circulate the written statement to members by —

            (a)         sending a copy to everyone to whom notice of the meeting is sent if there is time to do so; or

            (b)         if there is not time to comply with paragraph (a) — having the statement distributed to members attending the meeting and read out at the meeting before the resolution is voted on.

        Penalty for this subsection: a fine of $500.

        (8)         The director’s statement does not have to be circulated to members if it is more than 1 000 words long or defamatory.

        (9)         If a person is appointed to replace a director removed under this section, the time at which —

            (a)         the replacement director; or

            (b)         any other director,

                is to retire is to be worked out as if the replacement director had become director on the day on which the replaced director was last appointed a director.

        (10)         Despite The Criminal Code section 23B(2), it is immaterial for the purposes of subsections (5) and (7) that any event occurred by accident.

        [Section 206A inserted: No. 7 of 2016 s. 60.]

        [Heading inserted: No. 7 of 2016 s. 61.]