South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 41

41—Restrictions on co-operatives in rules

        (1)         A co-operative's rules may contain an express restriction on, or an express prohibition of, the exercise by the co-operative of a power of the co-operative.

        (2)         A co-operative contravenes this section if—

            (a)         it exercises a power contrary to an express restriction on, or an express prohibition of, the exercise of that power, being a restriction or prohibition contained in the co-operative's rules; or

            (b)         the rules of the co-operative contain a provision stating the objects of the co-operative and the co-operative does an act otherwise than in pursuance of those objects.

        (3)         An officer of a co-operative who is involved in a contravention by the co-operative of this section also contravenes this section.

        (4)         A person who contravenes this section is not guilty of an offence.