Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 244ZZF

244ZZF . Exemptions: criteria for exemptions for individual co-operatives or classes of co-operatives

        (1)         To grant an exemption under section 244ZZD or 244ZZE, the Registrar must be satisfied that complying with the relevant requirements of the target provisions would —

            (a)         make the financial report or other reports misleading; or

            (b)         be inappropriate in the circumstances; or

            (c)         impose unreasonable burdens.

        (2)         In deciding for the purposes of subsection (1) whether the audit requirements for a small co-operative, or a class of small co-operatives, would impose an unreasonable burden on the co-operative or co-operatives, the Registrar is to have regard to —

            (a)         the expected costs of complying with the audit requirements; and

            (b)         the expected benefits of having the co-operative or co-operatives comply with the audit requirements; and

            (c)         any practical difficulties that the co-operative or co-operatives face in complying effectively with the audit requirements (in particular, any difficulties that arise because a financial year is the first one for which the audit requirements apply or because the co-operative or co-operatives are likely to move frequently between the small and large co-operative categories from one financial year to another); and

            (d)         any unusual aspects of the operation of the co-operative or co-operatives during the financial year concerned; and

            (e)         any other matters that the Registrar considers relevant.

        (3)         In assessing expected benefits under subsection (2), the Registrar is to take account of —

            (a)         the number of creditors and potential creditors; and

            (b)         the position of creditors and potential creditors (in particular, their ability to independently obtain financial information about the co-operative or co-operatives); and

            (c)         the nature and extent of the liabilities of the co-operative or co-operatives.

        [Section 244ZZF inserted: No. 7 of 2016 s. 85.]



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