Division 2(1) There is constituted by this Act a Co-operatives Council.(2) The Council is to consist of 9 members appointed by the Minister.(3) Of the 9 members, 4 are to be persons chosen by the Minister from among persons nominated as provided in section 415.(4) In making appointments to the Council, the Minister is to have regard to the desirability of achieving in the composition of the Council an appropriate diversity of backgrounds, qualifications, experience and interests in the co-operative sector and an appropriate diversity of representation of various types and sizes of co-operatives.(5) Schedule 5 has effect with respect to the members and procedure of the Council.
(1) For the purpose of receiving nominations for appointment to the Council, the Minister is to invite nominations from every co-operative.(2) Each co-operative is entitled to nominate a maximum of 3 persons.(3) Nominations are to be in writing and must be accompanied by such information as the Minister may request in relation to the persons nominated.(4) If insufficient nominations are made within a reasonable time after the Minister’s invitation is made, the Minister may appoint persons of the Minister’s own choice.
416 Minister and Registrar may attend meetings
(1) The Registrar is entitled to attend and preside at meetings of the Council and is entitled to appoint any person to attend and preside at those meetings as the Registrar’s nominee.(2) The Minister is entitled to attend meetings of the Council and is entitled to appoint a person to attend those meetings as the Minister’s nominee.(3) Neither the Registrar nor the Minister, nor a person attending as the nominee of either of them, has a deliberative vote at a meeting of the Council but the Registrar (or his or her nominee) when presiding at a meeting of the Council has a casting vote in the event of an equality of votes.
The Council has the following functions:(a) to encourage the development and integration of the co-operative sector,(b) to advise and make recommendations to the Minister on the following matters:• any action to be taken for promoting co-operative principles and for encouraging and assisting in the formation of co-operatives• policies for the administration of this Act and the regulations• the regulations to be made under this Act• such other matters as may be referred to the Council by the Minister or as may be prescribed,(c) such other functions as may be conferred or imposed on the Council by or under this Act.
418 Delegation by Council to Registrar
(1) The Council may delegate to the Registrar any of the Council’s functions except this power of delegation.(2) The Registrar may subdelegate to an officer of the Public Service any function delegated under this section if the Registrar is authorised by the terms of the delegation to do so.
419 Appeal to Court from decision of Council
A person aggrieved by a decision of the Council under this Act may appeal against the decision to the Court in accordance with rules of court.