New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 79

79 Fines payable by members

(1) A co-operative may impose a fine on a member for any infringement of the rules or by-laws of the co-operative.

(2) The rules of the co-operative must specify the maximum fine that may be imposed on a member and a fine that is greater than that maximum must not be imposed.

(3) No fine exceeding $20 is to be imposed unless:

(a) written notice of intention to impose the fine and the reason for it has been given to the member, and

(b) the member has been given a reasonable opportunity to appear before the board in person (with or without witnesses), or to send to the board a written statement, for the purpose of showing cause why the fine should not be imposed.

(4) The co-operative may set off the whole or any part of the fine against any money due to the member in respect of any produce delivered by the member to the co-operative, but no part of the fine is to be set off against any advance due to the member from the co-operative in accordance with the rules against produce so delivered.

(5) A member is not to be considered to have infringed the rules of a co-operative by a failure to deliver produce to the co-operative if the failure was due to the fact that before becoming a member of the co-operative the member had bound himself or herself under the rules of another co-operative to deliver the produce to that other co-operative and had actually delivered the produce to that co-operative.