Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 437

437 .         Costs of inquiry

        (1)         The costs of an inquiry under this Division are to be paid out of money appropriated by Parliament.

        (2)         At the direction of the Minister, the Registrar must act under one or more of subsections (3), (4) and (5).

        (3)         The Registrar may, by written notice given to a co-operative, direct the co-operative to pay to the State all or part of the costs of an inquiry under this Division into the affairs of the co-operative.

        (4)         If proceedings are instituted by the Registrar under section 435 in the name of a co-operative, the Supreme Court may, in the course of the proceedings and on the application of the Registrar, order that all or part of the costs of the inquiry that led to the proceedings be paid to the State by a specified party to the proceedings.

        (5)         If a person is convicted of an offence in proceedings certified by the Registrar to be the result of an inquiry into the affairs of a co-operative, the Supreme Court may, on the application of the Registrar made at the time of the conviction or not more than 14 days later, order the convicted person to pay to the State all or part of the costs of the inquiry.

        (6)         A direction or an order under this section must state —

            (a)         the amount to be paid; and

            (b)         the time or times for payment; and

            (c)         the manner of payment.

        (7)         An amount that has not been paid by a person in accordance with a direction or an order under this section is recoverable from the person by the Registrar as a debt payable to the State.



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