South Australian Consolidated Acts

SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991 - SECT 72

72—Appointment of administrator

        (1)         Where the Minister appoints an administrator to conduct the affairs of a registered housing co-operative—

            (a)         the administrator has all the powers, functions and duties of the co-operative and may act in the name of and on behalf of the co-operative; and

            (b)         the administrator must report regularly to the Minister on the administration.

        (2)         An administrator of a registered housing co-operative is entitled to such remuneration as is approved by the Minister.

        (3)         The remuneration of the administrator and all other costs and expenses arising out of the administration of a registered housing co-operative are payable out of the funds of the co-operative.

        (4)         An administrator of a registered housing co-operative may, by notice in writing, require an officer or employee or former officer or employee of the co-operative to furnish a written report on such matters relating to the affairs of the co-operative as the administrator may specify in the notice.

        (5)         A person required to furnish a report pursuant to subsection (4) may be reimbursed out of the funds of the co-operative for such costs and expenses as the administrator considers have been reasonably incurred in making the report.

        (6)         A person who fails to comply with a requirement made under subsection (4) is guilty of an offence.

Maximum penalty: $5 000.

        (7)         On the appointment of an administrator of a registered housing co-operative, unless otherwise determined by the Minister, the committee members of the co-operative cease to hold office.

        (8)         Before terminating the appointment of an administrator of a registered housing co-operative, the Minister must—

            (a)         ensure that committee members of the co-operative have been elected in accordance with the rules of the co-operative at a meeting convened by the administrator in accordance with those rules; or

            (b)         appoint committee members of the co-operative.

        (9)         Committee members elected or appointed under subsection (8) hold office until the annual general meeting of the co-operative that next follows revocation of that appointment.

        (10)         An administrator appointed by the Minister must, on the termination of his or her appointment, fully account to the Minister for the administration of the co-operative.