Part 2 Functions and powers of Registrar
The functions of the Registrar are:(a) to register, supervise and regulate co-operative housing bodies, and(b) to supervise and enforce compliance by co-operative housing bodies with this Act and with standards, and(c) to ensure that an effective and efficient system of prudential supervision is applied to societies, and(d) to facilitate or direct the transfer of engagements of, or the conversion or merger of, co-operative housing bodies, and(e) to advise, and make recommendations to, the Standards Committee, and(f) to carry out such other functions as are conferred on the Registrar by or under this or any other Act.
(1) The Registrar has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Registrar’s functions.(2) Without limiting subsection (1), the Registrar has such powers as are conferred on the Registrar by or under this or any other Act.
21 Application of variation under standards
(1) If a standard provides that the operation of the standard in relation to a particular co-operative housing body may be varied by the Registrar by temporarily changing a requirement of the standard, the Registrar may temporarily change the requirement as allowed under the standard.(2) Subsection (1) does not limit section 20 (General powers).
(1) A person may:(a) inspect documents prescribed by the regulations or documents of a class prescribed by the regulations kept by the Registrar relating to co-operative housing bodies on payment of the fee (if any) prescribed by the regulations, and(b) obtain, on payment of the fee prescribed by the regulations, a certified copy of a document that a person may inspect under paragraph (a).(2) If a reproduction or transparency of a document, or an extract of information contained in a document, is produced for inspection, a person is not entitled under subsection (1) to require the production of the original of that document.
24 Power of Registrar to reject documents, etc
(1) If the Registrar is of the opinion that a document submitted to the Registrar:(a) contains matter contrary to law, or(b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included, or(c) because of an omission or misdescription has not been duly completed, or(d) does not comply with the requirements of this Act, or(e) contains an error, alteration or erasure,the Registrar may refuse to register, or may reject, the document and may request:(f) that the document be appropriately amended or completed and resubmitted, or(g) that a fresh document be submitted in its place, or(h) if the document has not been duly completed—that a supplementary document be submitted.(2) The Registrar may require a person who submits a document to the Registrar to also produce another document, or to give any information, that the Registrar considers necessary in order to form an opinion whether the Registrar should refuse to register or should reject the document.
25 Extension or abridgment of time
The Registrar may, on receipt of written application by a co-operative housing body or of the Registrar’s own initiative, extend or abridge the time within which anything is required to be done under this Act or the body’s rules, even if that time has ended.
26 Review of Registrar decisions
(1) A person whose interests are affected by a decision of the Registrar made under this Act may, by written notice given to the Registrar, request the Registrar to review the decision.(2) The Registrar must comply with a request under subsection (1).(3) However, a person may not request the Registrar to review:(a) a decision made under subsection (6) to confirm, vary or reverse a decision (the original decision), or(b) the original decision as confirmed or varied.(4) A request under subsection (1) must be made within 1 month after the person is given notice of the decision.(5) When reviewing a decision, the Registrar must give the person who requested the review an opportunity to appear before the Registrar and make a submission in relation to the decision.(6) The Registrar may confirm, vary or reverse the decision.
27 Review by ADT of Registrar decisions
(1) A person whose interests are affected by a decision of the Registrar made under this Act may apply to the Administrative Decisions Tribunal for a review of the decision.(2) This section does not apply to any of the following decisions of the Registrar:(a) a decision under any of the following provisions:(i) section 21 (Application of variation under standards),(ii) Subdivision 1 (Enforcement powers) of Division 2 (Specific powers) of Part 2 (Functions and powers of Registrar),(iii) section 40 (Special meeting and inquiry),(iv) section 42 (Power to suspend operations),(v) section 43 (Appointment of administrator),(vi) section 47 (Power to control advertising),(vii) section 156 (Registrar may direct a transfer of engagements between societies of the same type),(viii) (Repealed)(b) a decision under section 41 (Intervention by Registrar), other than the following decisions:(i) a decision to remove an individual director,(ii) a decision to remove an auditor,(iii) a decision directing a co-operative housing body to change any practice if the practice is not dealt with by a standard,(c) a decision prescribed by the regulations for the purposes of this subsection.(3) For the purposes of a review to which this section applies, the internal review referred to in section 55 (1) (b) of the Administrative Decisions Tribunal Act 1997 is a review under section 26 of this Act.(4) Section 53 (Internal reviews) of the Administrative Decisions Tribunal Act 1997 does not apply to a decision of the Registrar made under this Act.
Subdivision 1 Enforcement powers
(1) The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a co-operative housing body, or a body corporate related to a co-operative housing body, require the co-operative housing body or body corporate:(a) to give to the Registrar, within a reasonable period and in a reasonable way specified in the notice, specified information and reports, and(b) to give to the Registrar, at the reasonable times and in a reasonable way specified in the notice, periodic reports on specific matters, and(c) to notify the Registrar, within the reasonable time and in a reasonable way specified in the notice, if:(i) a specified event or change of circumstances happens, or(ii) the co-operative housing body or body corporate becomes aware that a specified event or change of circumstances is likely to happen.(2) The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a services corporation, or a body corporate related to a services corporation, require the services corporation or body corporate to give to the Registrar, within a reasonable time and in a reasonable way specified in the notice, specified information.(3) A co-operative housing body, body corporate or services corporation that, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) to the extent that it is capable of doing so commits an offence.Maximum penalty: 50 penalty units.
(4) It is not a reasonable excuse for a co-operative housing body, body corporate or services corporation to fail to comply with a requirement under subsection (1) or (2) that complying with the requirement might tend to incriminate the co-operative housing body, body corporate or services corporation.(5) The fact that information or a report or notification was given by a co-operative housing body, body corporate or services corporation under subsection (1) or (2) is not admissible in evidence against the co-operative housing body, body corporate or services corporation in a criminal proceeding (other than a proceeding in relation to the falsity of the information, report or notification) if:(a) the co-operative housing body, body corporate or services corporation, before giving the information, report or notification (the relevant action) claimed that the relevant action might tend to incriminate the co-operative housing body, body corporate or services corporation, and(b) the relevant action might in fact tend to incriminate the co-operative housing body, body corporate or services corporation.
(1) The Registrar may, if it is reasonably necessary for the purposes of this Act, by written notice given to a person, require the person:(a) to attend before an officer of the Department of Fair Trading authorised for the purpose, at a reasonable time and place specified in the notice, and then and there answer questions, and(b) to produce to an officer of the Department of Fair Trading authorised for the purpose, at a reasonable time and place specified in the notice, documents in the custody or under the control of the person.(2) An officer before whom a person attends under subsection (1) (a) may require answers to be verified or given on oath or affirmation, and either orally or in writing, and for that purpose the officer may administer an oath or affirmation.(3) The oath to be taken, or affirmation to be made, by a person for the purposes of this section is an oath or affirmation that the answers the person will give will be true.(4) An officer to whom documents are produced under subsection (1):(a) may keep the documents for 60 days or, if a prosecution for an offence against this Act of which the document may afford evidence is instituted within that period, until the completion of the proceeding for the offence and of any appeal in relation to the proceeding, and(b) while the officer has possession of the document, may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.(5) The regulations must prescribe scales of allowances and expenses to be allowed to persons required to attend under this section.(6) The Registrar may authorise an officer for the purpose of subsection (1) (a) only if the person has, in the Registrar’s opinion, the appropriate expertise for the purpose (whether because of training or otherwise).(7) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) to the extent that the person is capable of doing so commits an offence.Maximum penalty: 50 penalty units.
(8) It is not a reasonable excuse for a person to fail to comply with a requirement under subsection (1) that complying with the requirement might tend to incriminate the person.(9) An answer given by a person under subsection (1) is not admissible against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the answer) if:(a) the person, before giving the answer, claimed that giving the answer might tend to incriminate the person, and(b) giving the answer might in fact tend to incriminate the person.(10) The fact that a document was produced by a person under subsection (1) is not admissible in evidence against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the document) if:(a) the person, before producing the document, claimed that producing the document might tend to incriminate the person, and(b) producing the document might in fact tend to incriminate the person.
(1) The Registrar may authorise a person, or a class of persons, to exercise:(a) all the powers conferred by this Act on an inspector, or(b) any powers conferred by this Act on an inspector.(2) The Registrar is to cause each inspector to be issued with a certificate of identification. The certificate is to be in a form approved by the Registrar.
31 Inspector to produce identification
If an inspector proposing to exercise the functions of an inspector fails to produce on demand his or her certificate of identification, the inspector is not authorised to exercise those functions in relation to the person making the demand.
32 Entry and search—monitoring compliance
(1) An inspector may, for the purpose of finding out whether the requirements of this Act are being complied with:(a) enter any place, and(b) exercise the powers set out in section 34 (General powers of inspector in relation to places).(2) An inspector must not enter a place, or exercise a power under subsection (1), unless:(a) the place is premises occupied by a co-operative housing body or services corporation, or a body corporate related to a co-operative housing body or services corporation, and the entry is made when the premises are open for conduct of business or otherwise open for entry, or(b) the place is premises occupied by a banker or liquidator of a co-operative housing body, or a body corporate related to a co-operative housing body, and the entry is made when the premises are open for conduct of business or otherwise open for entry, or(c) the place is premises that are not occupied for residential purposes, the inspector believes on reasonable grounds that accounting records or other prescribed documents of, or any auditor’s working papers relating to, a co-operative housing body, or a body corporate related to a co-operative housing body, are kept or are to be found on the premises and the entry is made when the premises are open for conduct of business or otherwise open for entry, or(d) the occupier of the place consents to the entry or exercise of the power, or(e) a warrant under section 35 (Monitoring warrants) authorises the entry or exercise of the power.
33 Entry and search—evidence of offences
(1) Subject to subsection (3), if an inspector has reasonable grounds for suspecting that there is in a place a particular thing (the evidence) that may afford evidence of the commission of an offence against this Act, the inspector may:(a) enter the place, and(b) exercise the powers set out in section 34 (General powers of inspector in relation to places).(2) If an inspector enters the place and finds the evidence, the following provisions have effect:(a) the inspector may seize the evidence,(b) the inspector may keep the evidence for 60 days or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and of any appeal in relation to the proceeding,(c) if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.(3) An inspector must not enter the place or exercise a power under subsection (1) unless:(a) the occupier of the place consents to the entry or exercise of the power, or(b) a warrant under section 36 (Offence related warrants) that was issued in relation to the evidence authorises the entry or exercise of the power.(4) If, while searching the place under subsection (1) under a warrant under section 36 (Offence related warrants):(a) an inspector finds a thing that the inspector believes, on reasonable grounds, to be:(i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1), or(ii) a thing that will afford evidence of the commission of another offence against this Act, and(b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent:subsection (2) applies to the thing as if it were the evidence.(i) its concealment, loss or destruction, or(ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be,(5) An inspector who seizes or damages anything under this section must give written notice of particulars of the thing or damage.(6) The notice must be given to:(a) if anything is seized—the person from whom the thing was seized, or(b) if damage is caused to anything—the person who appears to the inspector to be the owner.
34 General powers of inspector in relation to places
(1) The powers an inspector may exercise under section 32 (1) (b) (Entry and search—monitoring compliance) or 33 (1) (b) (Entry and search—evidence of offences) in relation to a place are as follows:(a) to search any part of the place,(b) to inspect, examine or photograph anything in the place,(c) to take extracts from, and make copies of, any documents in the place,(d) to take into the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place,(e) to require the occupier or any person in the place to give to the inspector reasonable assistance in relation to the exercise of an inspector’s powers mentioned in paragraphs (a) to (d).(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) (e).Maximum penalty: 25 penalty units.
(3) It is not a reasonable excuse for a person to fail to comply with a requirement under subsection (1) (e) on the ground of the privilege against self-incrimination.(4) If, under a requirement under subsection (1) (e), a person is required to answer a question or produce a document, the contents of the answer, or the fact of production of the document, is not admissible in evidence against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the answer or document).(5) For the purposes of the application of subsection (4) to the production of a document, the contents of the document are to be disregarded.
(1) An inspector may apply to a Magistrate for a warrant under this section in relation to a particular place.(2) Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.(3) If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the inspector or another person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires.(4) The warrant must:(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable:(i) to enter the place, and(ii) to exercise the powers set out in section 34 (General powers of inspector in relation to places), and(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night, and(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect, and(d) state the purpose for which the warrant is issued.
(1) An inspector may apply to a Magistrate for a warrant under this section in relation to a particular place.(2) Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the place a particular thing (the evidence) that may afford evidence of the commission of an offence against this Act.(3) If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the inspector or another person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires.(4) The warrant must:(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable:(i) to enter the place, and(ii) to exercise the powers set out in section 34 (General powers of inspector in relation to places), and(iii) to seize the evidence, and(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night, and(c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect, and(d) state the purposes for which the warrant is issued.
37 Offence related warrant may be granted by telephone
(1) If, because of urgent circumstances, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 36 (Offence related warrants).(2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 36 (2) that sets out the grounds on which the issue of the warrant is sought.(3) If it is necessary to do so, the inspector may apply for the warrant before the information has been sworn.(4) If the Magistrate is satisfied:(a) after having considered the terms of the information, and(b) after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought,that there are reasonable grounds for issuing the warrant, the Magistrate may, under section 36 (Offence related warrants), complete and sign such a warrant as the Magistrate would issue under that section if the application had been made under that section.(5) If the Magistrate completes and signs the warrant:(a) the Magistrate must:(i) tell the inspector what the terms of the warrant are, and(ii) tell the inspector the date on which and the time at which the warrant was signed, and(iii) record on the warrant the reasons for granting the warrant, and(b) the inspector must:(i) complete a form of warrant in the same terms as the warrant completed and signed by the Magistrate, and(ii) write on the form of warrant the name of the Magistrate and the date on which and the time at which the Magistrate signed the warrant.(6) The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the Magistrate:(a) the form of warrant completed by the inspector, and(b) the information mentioned in subsection (2), which must have been duly sworn.(7) When the Magistrate receives the documents mentioned in subsection (6), the Magistrate must:(a) attach them to the warrant that the Magistrate completed and signed, and(b) deal with them in the way in which the Magistrate would have dealt with the information if the application for the warrant had been made under section 36 (Offence related warrants).(8) A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the Magistrate authorises.(9) If:(a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section, and(b) the warrant completed and signed by the Magistrate authorising the exercise of power is not produced in evidence,the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.
38 Obstruction etc of inspectors
A person must not, without reasonable excuse, assault, obstruct, hinder or resist an inspector in the exercise of a power under this Act.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
39 False or misleading statements
(1) In this section:relevant person means a person exercising powers under this Act, and includes an inspector.
(2) A person must not:(a) make a statement to the Registrar or a relevant person that the person knows is false or misleading in a material particular, or(b) omit from a statement made to the Registrar or a relevant person anything without which the statement is, to the person’s knowledge, misleading in a material particular, or(c) give to the Registrar or a relevant person a document containing information that the person knows is false, misleading or incomplete in a material particular without, at the same time:(i) indicating that the document is false, misleading or incomplete and the respect in which it is false, misleading or incomplete, and(ii) giving correct information if the person has, or can reasonably obtain, the correct information.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
Subdivision 2 Special meeting and inquiry
40 Special meeting and inquiry
(1) The Registrar may, on the written application of a majority of the directors, or not less than 10% of the members, of a society or on the Registrar’s own initiative:(a) call a special meeting of the society, or(b) hold an inquiry into affairs (including the working and financial conditions) of the society.(2) The Registrar may, on the Registrar’s own initiative, hold an inquiry into affairs (including the working and financial conditions) of:(a) a body corporate related to a society, or(b) a services corporation.(3) An application under subsection (1) must be supported by such evidence as the Registrar directs for the purpose of showing that the applicants have good reason for requiring the meeting or inquiry and that the application is made without malicious motive.(4) Notice of the application must be given to the society if the Registrar directs.(5) Security for the expenses of a meeting or inquiry must be given:(a) if the meeting is called or inquiry is held on an application under subsection (1)—by the applicants, or(b) in any other case—by such persons and in such way as the Registrar directs.(6) The Registrar may:(a) direct the time and place the meeting or inquiry is to be held, and(b) direct what matters are to be discussed or determined, and(c) despite the rules of the society, give notice to members of the holding of the meeting or inquiry as the Registrar considers appropriate.(7) The Registrar may, by written notice, direct the directors and such other persons as the Registrar requires to attend the meeting or inquiry.(8) A person to whom a direction is given under subsection (7) must not, without reasonable excuse, fail to comply with the direction.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(9) A meeting held under this section has all the powers of a meeting called under the rules of a society and has power to appoint a person to preside at the meeting, despite any rule of the society to the contrary.(10) The Registrar, or any person nominated by the Registrar, may attend and address a meeting held under this section.(11) All expenses of and incidental to the meeting or inquiry may be defrayed:(a) if the meeting is called or inquiry is held under subsection (1)—by the applicants or out of the funds of the society or by any officer or member, or former officer or member, in such proportions as may be agreed between the Registrar and those persons, or(b) if the inquiry is held under subsection (2):and may be recovered as a debt in a court having jurisdiction for the recovery of debts up to the amount concerned.(i) in the case of a related body corporate—out of the funds of the society to whom the body corporate is related, or(ii) in the case of a services corporation—out of the funds of the services corporation, or out of the funds of any society that has shares in the services corporation, in such proportions as the Registrar directs,(12) In default of agreement under subsection (11) (a), the expenses must be defrayed by such persons, and in such proportions, as the Court, on the application of the Registrar, directs.
Subdivision 3 Special power of intervention
(1) If the Registrar is of the opinion that:(a) a co-operative housing body has contravened this Act and, after being given written notice of the contravention by the Registrar, has allowed the contravention to continue or has again contravened this Act, or(b) a co-operative housing body is trading unprofitably or has an accumulated deficit in its accounts, or(c) the affairs of a co-operative housing body are being conducted in an improper or financially unsound way,the Registrar may, by written notice given to the body, place it under direction.(2) The Registrar may, by written notice given to the body, revoke the notice.(3) While the co-operative housing body is under direction, the Registrar may do all things that the Registrar considers necessary to ensure that the matter is remedied.(4) Without limiting subsection (3), the Registrar may:(a) order an audit of the affairs of the co-operative housing body by an auditor chosen by the Registrar at the expense of the body, or(b) direct the co-operative housing body to change any practices that in the Registrar’s opinion are undesirable or unsound, or(c) direct the co-operative housing body to cease or limit the raising or lending of funds or the exercise of other powers, or(d) remove a director, or all the directors, of the co-operative housing body from office and appoint another director or other directors, or(e) remove any auditor of the co-operative housing body from office and appoint another auditor, or(f) give any other directions as to the way in which the affairs of the co-operative housing body are to be conducted or not conducted.(5) If the co-operative housing body:(a) fails, without reasonable excuse, to comply with a direction given or requirement made under this section to the extent that the co-operative housing body is capable of doing so, or(b) without reasonable excuse, obstructs, hinders or resists the exercise of the Registrar’s powers under this section,the co-operative housing body and any officer of the co-operative housing body who is in default each commit an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(6) A director or auditor appointed under this section holds office for such term as the Registrar directs.
Subdivision 4 Power to suspend operations of society
42 Power to suspend operations
(1) If the Registrar considers that it is necessary to do so:(a) in the interests of members or creditors, or persons who may become members or creditors, of a co-operative housing body, or(b) because a co-operative housing body has failed to comply with a standard,the Registrar may, by written notice given to the body, direct the body not to do any of the following:(c) give any financial accommodation to members,(d) borrow any amount,(e) accept any payment on account of share capital except calls that fell due before the notice was given,(f) repay any amount paid on shares,(g) repay any money on loan,(h) pay or transfer an amount to any person, or create an obligation to do so.(2) A notice under subsection (1) continues in force until it expires, or is withdrawn by the Registrar.(3) The Registrar may, by a further written notice given to the co-operative housing body:(a) extend the period for which a notice under subsection (1) is to have force, or(b) amend the terms of the notice, or(c) withdraw the notice.(4) If a co-operative housing body fails to comply with a notice under this section, the body and any officer of the body who is in default each commit an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(5) Subsection (4) does not apply if the failure to comply happens with the written permission of the Registrar.
43 Appointment of administrator
(1) The Registrar may, by written notice, appoint an administrator to conduct the affairs of a co-operative housing body and may, by written notice, revoke the appointment.(2) A notice of appointment must specify:(a) the date of appointment, and(b) the appointee’s name, and(c) the appointee’s business address.(3) If the appointee’s name or business address changes, the appointee must immediately give written notice of the change to the Registrar.(4) The Registrar must not appoint an administrator unless:(a) the Registrar is of the opinion that:(i) the co-operative housing body has contravened this Act or its rules and, after being given written notice of the contravention by the Registrar, has allowed the contravention to continue or has again contravened this Act or those rules, or(ii) the body is trading unprofitably or has an accumulated deficit in its accounts, or(iii) the affairs of the body are being conducted in an improper or financially unsound way, or(b) after making such inquiries in relation to the body as the Registrar considers appropriate, the Registrar is satisfied that it is in the interest of members or creditors that the body’s affairs be conducted by an administrator, or(c) the Registrar has certified that:(i) the body has not started business within a year of registration or has suspended or ceased to carry on business for a period of more than 6 months, or(ii) an event (specified in the certificate) has happened on the happening of which the regulations or the body’s rules provide that the body is to be wound-up, or(iii) there are, or have been for a period of 1 month immediately before the date of the certificate, insufficient directors of the body to constitute a quorum as provided by the body’s rules.(5) On the appointment of an administrator of a co-operative housing body:(a) the directors of the body cease to hold office, and(b) all contracts of employment with, or for providing administrative or secretarial services to, the body are terminated, and(c) the administrator may terminate any contract for providing other services to the body.(6) An administrator of a co-operative housing body has the powers and functions of the board of the body, including the board’s powers of delegation.(7) A director of a co-operative housing body must not be appointed or elected while the administrator is in office except as provided by this section.(8) An administrator holds office until the administrator’s appointment is revoked.(9) Immediately on the revocation of an administrator’s appointment, the administrator must prepare and submit a report to the Registrar showing how the administration was carried out, and for that purpose an administrator has access to the co-operative housing body’s records and documents.(10) On providing the report and accounting fully in relation to the administration of the co-operative housing body to the satisfaction of the Registrar, the administrator is released from any further duty to account in relation to the administration of the body other than on account of fraud, dishonesty, negligence or wilful failure to comply with this Act.(11) Before revoking an administrator’s appointment, the Registrar must:(a) appoint another administrator, or(b) appoint a liquidator, or(c) ensure that directors have been appointed or elected under the co-operative housing body’s rules at a meeting called by the administrator under the rules, or(d) appoint directors of the body.(12) Directors elected or appointed under this section:(a) take office on the revocation of the administrator’s appointment, and(b) in the case of directors appointed under this section—hold office, subject to section 44 (Additional powers of Registrar), until the society’s next annual general meeting.(13) The expenses of conducting a co-operative housing body’s affairs by an administrator are payable from the body’s funds.(14) The expenses of conducting a co-operative housing body’s affairs include:(a) if the administrator is not an officer of the Department of Fair Trading—remuneration of the administrator at a rate approved by the Registrar, or(b) if the administrator is an officer of the Department of Fair Trading—the amount that the Registrar certifies should be paid to the Registrar as repayment of the administrator’s remuneration.(15) An amount certified by the Registrar as the amount that should be paid to the Registrar as repayment of the administrator’s remuneration is a debt due to the Crown and may be sued for and recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.(16) An administrator has, in relation to the expenses of conducting a co-operative housing body’s affairs, the same priority on the winding-up of the body as the liquidator of the body has.(17) If a co-operative housing body incurs any loss because of any fraud, dishonesty, negligence or wilful failure to comply with this Act or the body’s rules by an administrator, the administrator is liable for the loss. An administrator is not liable for any other loss but must account for the loss in a report given under this section.
44 Additional powers of Registrar
(1) If the Registrar appoints directors of a co-operative housing body under section 43 (11) (d) (Appointment of administrator), the Registrar may, by written notice given to the body, specify:(a) a time during which this section is to apply in relation to the body, and(b) the terms and conditions on which all or any of the directors hold office, and(c) the rules that are to be the body’s rules.(2) While this section applies to a co-operative housing body, the Registrar may:(a) from time to time remove and appoint directors, and(b) from time to time vary, revoke or specify new terms and conditions in place of all or any of the terms and conditions specified under subsection (1), and(c) amend all or any of the rules specified under subsection (1).(3) The Registrar may, by written notice given to a co-operative housing body, extend the time for which this section is to apply in relation to the body.(4) A rule specified by the Registrar under this section as a rule of a co-operative housing body:(a) is not to be amended or revoked except in the way set out in this section, and(b) if it is inconsistent with any other rule of the body—prevails over the other rule, and the other rule is to the extent of the inconsistency invalid, and(c) has the same evidentiary value as is by this Act accorded to the body’s rules and to copies of them.
(1) If the Registrar appoints an administrator to conduct a co-operative housing body’s affairs, a person must not begin or continue any proceeding in a court against the body until the administrator’s appointment is revoked except with the leave of the Court and, if the Court grants leave, in accordance with any terms and conditions that the Court imposes.(2) A person intending to apply for leave of the Court under subsection (1) must give to the Registrar not less than 10 days notice of intention to apply.(3) On the hearing of an application under subsection (1), the Registrar may be represented and may oppose the granting of the application.
46 Administrator to report to Registrar
On the receipt of a request from the Registrar, the administrator of a co-operative housing body must, without delay, prepare and give to the Registrar a report showing how the administration is being carried out.
Subdivision 6 Advertising by co-operative housing bodies
47 Power to control advertising
(1) The Registrar may, by written notice given to a co-operative housing body, direct it:(a) not to issue an advertisement, or(b) not to issue an advertisement of a specified kind, or(c) not to issue an advertisement that is substantially in the same form as an advertisement that has been issued before, or(d) to include in an advertisement of a specified kind, or in an invitation to invest in or lend amounts to the body, information relating to the body that is required by the Registrar to be included.(2) Directions under subsection (1) may be varied or revoked by further written notice given to the body by the Registrar.(3) A body that fails to comply with a direction under this section commits an offence.Maximum penalty: 50 penalty units.
Division 3 Exercise of functions and powers of Registrar
47A Exercise of functions and powers of Registrar
(1) The functions and powers expressed to be conferred on the “Registrar” by or under this Act are to be exercised and performed by the Director-General of the Department of Fair Trading.(2) For that purpose, a reference in this Act to the Registrar is to be read as a reference to the Director-General of the Department of Fair Trading.
(1) The Registrar may delegate to any person any of the Registrar’s functions and powers except this power of delegation.(2) A delegate may sub-delegate to another person any function or power delegated under this section if authorised by the terms of the delegation to do so.