South Australian Consolidated Acts

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CO-OPERATIVES ACT 1997 - SECT 409

409—Costs of inquiry

        (1)         Subject to this section, the costs of an inquiry under this Division are to be paid by the Commission.

        (2)         If legal proceedings are instituted by the Commission under section 407 as a result of an inquiry under this Division, the Commission may make one or more of the following orders:

            (a)         an order that a specified person pay all or part of the costs of the inquiry;

            (b)         if the costs of the inquiry have been paid by the Commission—an order that a specified person reimburse the Commission;

            (c)         an order that a specified person pay or reimburse the Commission in respect of all or part of the costs of the inquiry.

        (3)         If the Commission is of the opinion that all or any part of the costs of an inquiry under this Division into the affairs of a co-operative should be paid by the co-operative, the Commission may, by order in writing, direct the co-operative to pay all or part of the costs of the inquiry.

        (4)         If a person is convicted of an offence in proceedings certified by the Commission to be the result of an inquiry under this Division into the affairs of a co-operative, the court may, on the application of the Commission made at the time of the conviction or not more than 14 days later, order the convicted person to pay to the Crown all or part of the costs of the inquiry.

        (5)         An order under this section must state

            (a)         the amount to be paid; and

            (b)         the time or times for payment; and

            (c)         the manner of payment.

        (6)         An amount that has not been paid by a person or co-operative in accordance with an order under this section may be recovered by the Commission as a debt by action in a court of competent jurisdiction.



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