South Australian Consolidated Acts South Australian Consolidated Acts (1) A person duly
authorised by a housing co-operative may apply to the Minister for the
registration of the housing co-operative under this Act.
(2) The application
must be made in the prescribed manner and form and must be accompanied
by—
(a) a
copy of the rules of the co-operative (other than by-laws); and
(b) a
statutory declaration made by the applicant verifying—
(i)
that he or she is authorised by the co-operative to apply
for registration; and
(ii)
the particulars contained in the application; and
(iii)
that the copy of the rules of the co-operative which
accompanies the application is a true copy (disregarding by-laws); and
(c) the
prescribed fee.
(3) The applicant
must, at the request of the Minister, supply the Minister with such further
documents or information as the Minister may require.
(4) Where the Minister
is satisfied—
(a) that
the application has been made in accordance with this section; and
(b) that
the co-operative is eligible to be registered as a housing co-operative under
this Act,
the Minister must, subject to subsection (5), register the co-operative
and its rules and issue a certificate of incorporation in respect of the
co-operative.
(5) The Minister may
decline to register a co-operative under this Act if, in the Minister's
opinion—
(a) it
would not be in the public interest to register the co-operative under this
Act; or
(b) it
would be more appropriate for the co-operative to be registered under some
other Act; or
(c)
the rules of the co-operative fail to conform with the provisions of this Act;
or
(d)
the rules of the co-operative contain unreasonable provisions affecting the
rights of members; or
(e) the
co-operative is not to be managed by tenant-members of the co-operative; or
(f)
there is some other good reason why the co-operative should not be registered
under this Act.