(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.]