South Australian Consolidated Acts South Australian Consolidated Acts39—Qualification of a committee member and vacation of office
(1) A person is not
eligible to be committee member of a registered housing co-operative if that
person—
(a) has
not attained the age of 18 years; or
(b)
unless the rules of the co-operative otherwise provide—is a
non-tenant-member of the co-operative; or
(c) is a
bankrupt or insolvent debtor or is bound by a composition in favour of
creditors; or
(d) has
been convicted in the preceding period of five years—
(i)
of an indictable offence in connection with the
promotion, formation or management of a body corporate; or
(ii)
of an offence involving fraud or dishonesty; or
(iii)
of any prescribed offence.
(2) The office of a
committee member becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not re-appointed; or
(c) is
absent from three consecutive ordinary meetings of the committee of management
without its leave and the committee of management resolves that the office
should become vacant; or
(d)
ceases to be a member of the co-operative; or
(e)
having been appointed as a tenant-member of the co-operative, ceases to be a
tenant; or
(f)
resigns by instrument in writing addressed to the committee of management; or
(g) is
removed from office in accordance with the rules of the co-operative; or
(h)
becomes a bankrupt or insolvent debtor, is bound by a composition in favour of
creditors or applies to take the benefit of any law for the relief of bankrupt
or insolvent debtors; or
(i)
is convicted—
(i)
of an indictable offence in connection with the
promotion, formation or management of a body corporate; or
(ii)
of an offence involving fraud or dishonesty; or
(iii)
of any prescribed offence.
(3) The Supreme Court
may exempt a person from the operation of subsection (1) or (2)(h) or
(i).
(4) When granting an
exemption under this section, the Supreme Court may impose such conditions or
limitations as it thinks fit and a person who contravenes or fails to comply
with any such condition or limitation that is applicable to him or her is
guilty of an offence.
Maximum penalty: $5 000.
(5) A person intending
to apply to the Supreme Court for an exemption must give to the Minister not
less than 21 days notice of his or her intention to make the application.
(6) The Supreme Court
may, on the application of the Minister, revoke an exemption granted by the
Court under this section.