Victorian Consolidated Legislation

Co-operative Housing Societies Act 1958 - SECT 55

Dismissal of director after inquiry in certain cases

55. Dismissal of director after inquiry in certain cases



(1) This section shall apply to and in respect of-

   (a)  every society for the repayment of any loan to which the Treasurer of
        Victoria has executed a guarantee under this Act;

   (b)  every society with which the Treasurer of Victoria has entered into an
        agreement of indemnity under this Act; and





   (c)  every society which has obtained a loan pursuant to any agreement made
        (whether before or after the commencement of this Act) between the
        Commonwealth and the State of Victoria.

(2) The Minister may appoint a person to hold an inquiry and to report to him
with respect to-

   (a)  any matter relating to the carrying out of the provisions of this Act
        conferring powers or imposing duties on a society to which this
        section applies; or

   (b)  any act or omission of any director or officer of a society to which
        this section applies, where such act or omission relates to the
        carrying out of the provisions of this Act conferring powers or
        imposing duties on the society or to the office or position held by
        the director or officer or to the powers or duties of that office or
        position.

(3) For the purposes of any such inquiry the person holding the inquiry shall
have the powers and authorities conferred on a sole commissioner by sections
seventeen to twenty of the Evidence Act 1958 and the provisions of the said
Act and of any other Act or law relating to inquiries under the said sections
shall, so far as applicable and with such adaptations as are necessary, extend
and apply to and with respect to inquiries under this section.

(4) The Minister may, after consideration of the report of the person holding
an inquiry under this section, direct that the office or position in a society
of the director or officer to whom the report relates shall be vacated, and
that such director shall not be eligible to hold office as a director of that
society, or (as the case may require) that such officer shall not be eligible
for appointment or employment as an officer of that society.

(5) The office or position shall be deemed to have become vacant as from the
date upon which notices of the direction of the Minister, addressed to the
director or officer to whom the same relate and to the society of which he is
a director or an officer, and signed by or on behalf of the Minister, are
delivered at or posted to the registered office of the society.