Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 70

70 .         Members etc. may be required to deal with co-operative

        (1)         The rules of a co-operative may contain provisions that require a member to have specified dealings with the co-operative for a fixed period and to enter into a contract for that purpose.

        (2)         A co-operative may, if authorised by its rules, make a contract with a member containing provisions that require the member to have specified dealings with the co-operative for a fixed period.

        (3)         In particular, the provisions of the rules or a contract may require a member —

            (a)         to sell products through or to the co-operative; or

            (b)         to obtain supplies or services through or from the co-operative; or

            (c)         to pay to the co-operative a stated amount as liquidated damages for any failure to comply with a requirement authorised by this section.

        (4)         An amount required to be paid to the co-operative as liquidated damages is, for the purposes of section 72, a debt payable by the member to the co-operative.

        (5)         A contract authorised by this section is binding on the co-operative and all other parties even though, but for this Act, the contract would be invalid as being in restraint of trade.

        (6)         Rules authorised by this section are authorised even though, but for this section, the rules might be invalid as being in restraint of trade.



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