Western Australian Numbered Acts

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CO-OPERATIVES ACT 2009 (NO. 24 OF 2009) - SECT 216

216 .         Certain financial accommodation to officers prohibited

        (1)         An officer of a co-operative who is not a director of the co-operative must not obtain financial accommodation from the co-operative other than —

            (a)         with the approval of a majority of the directors; or

            (b)         under a scheme about providing financial accommodation to officers that has been approved by a majority of the directors.

        Penalty: a fine of $24 000 or imprisonment for 2 years.

        (2)         For the purposes of this section, financial accommodation is taken to be obtained by an officer of a co-operative if it is obtained by —

            (a)         a proprietary company in which the officer is a shareholder or director; or

            (b)         a trust of which the officer is a trustee or beneficiary; or

            (c)         a trust of which a corporation is trustee if the officer is a director or other officer of the corporation.

        (3)         A co-operative must not give financial accommodation to an officer of the co-operative if —

            (a)         by giving the financial accommodation, the officer would contravene this section; and

            (b)         the co-operative knows or should reasonably know of the contravention.

        Penalty: a fine of $50 000.



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