Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 435

435 .         Proceedings following inquiry

        (1)         If legal proceedings are to be, or have been, instituted by the Registrar as a result of an inquiry under this Division, the Registrar may, by written notice, require a person who, in relation to the inquiry, was an involved person to give all assistance in connection with the proceedings as the person is reasonably able to give.

        (2)         The Supreme Court may, on the application of the Registrar, order a person to comply with a requirement under subsection (1) if the person has failed to do so.

        (3)         If the Registrar considers that, as a result of an inquiry under this Division, legal proceedings should, in the public interest, be instituted by a co-operative for the recovery of —

            (a)         damages for fraud or other misconduct in connection with the affairs of the co-operative; or

            (b)         property of the co-operative,

                the Registrar may institute and prosecute the proceedings in the name of the co-operative.



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