Western Australian Consolidated Acts

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CO-OPERATIVE AND PROVIDENT SOCIETIES ACT 1903 - SECT 8

8 .         Cancelling

        (1)         The Registrar may, with the approval of the Minister, cancel the registry of a society — 

            (a)         at the request of a society; or

            (b)         on proof to his satisfaction that —

                  (i)         an acknowledgment of registry has been obtained by fraud or mistake; or

                  (ii)         the society exists for an illegal purpose; or

                  (iii)         the society has, after notice from the Registrar, violated any of the provisions of this Act; or

                  (iv)         the number of the members of the society has been reduced to less than 7; or

                  (v)         the society has ceased to exist.

        (2)         The Registrar, in any case in which he might, with the approval of the Minister, cancel the registry of a society, may suspend the same by writing under his hand for any term not exceeding 3 months, and may, with the approval of the Minister, renew such suspension from time to time for the like period.

        (3)         Not less than 2 months’ previous notice in writing, specifying briefly the ground of any proposed cancelling or suspension of registry, shall be given by the Registrar to a society before the registry of the same can be cancelled (except at its request) or suspended; and notice of every cancelling or suspension shall be published in the Government Gazette and in a newspaper circulating in the locality in which the registered office of the society is situated, as soon as practicable after the same takes place.

        (4)         A society may apply to the State Administrative Tribunal for a review of the cancelling of its registry, or any suspension of the same which is renewed after 3 months.

        (5)         A society whose registry has been suspended or cancelled shall, from the date of publication in the Government Gazette of notice of such suspension or cancelling (but if suspended only while under such suspension, and subject also to the right of review hereby given), absolutely cease to enjoy, as such, the privileges of a registered society, but without prejudice to any liability actually incurred by such society which may be enforced against the same as if suspension or cancelling had not taken place.

        [Section 8 amended by No. 55 of 2004 s. 150.]

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