(1) Subject to this
section, a co-operative may appoint an individual, firm or company as auditor
of the co-operative at its annual general meeting only if a member of the
co-operative gives the co-operative written notice of the nomination of the
individual, firm or company for appointment as auditor —
(a)
before the meeting was convened; or
(b) not
less than 21 days before the meeting.
(2) Subsection (1)
does not apply if an auditor is removed from office at the annual general
meeting.
(3) If a co-operative
purports to appoint an individual, firm or company as auditor of the
co-operative in contravention of subsection (1) —
(a) the
purported appointment is of no effect; and
(b) the
co-operative is guilty of an offence.
Penalty for this subsection: a fine of $2 500.
(4) If a member gives
a co-operative notice of the nomination of an individual, firm or company for
appointment as auditor of the co-operative, the co-operative must send a copy
of the notice to —
(a) each
individual, firm or company nominated; and
(b) each
auditor of the co-operative; and
(c) each
person entitled to receive notice of general meetings of the co-operative.
(5) Subsection (4)
applies whether the appointment is to be made at a meeting or an adjourned
meeting referred to in section 244ZO or at an annual general meeting.
(6) The copy of the
notice of nomination must be sent —
(a) not
less than 7 days before the meeting; or
(b) at
the time notice of the meeting is given.
[Section 244ZU inserted: No. 7 of 2016 s. 85.]