Tasmanian Numbered Acts

COOPERATIVES ACT 1999 (NO. 85 OF 1999) - SECT 189

189. Special resolutions

      (1) A special resolution is a resolution of a cooperative which is passed –

(a) by a two-thirds majority at a general meeting of members; or

(b) by a two-thirds majority in a postal ballot (other than a special postal ballot) of members; or

(c) by a three-quarters majority in a special postal ballot of members.

      (2) A special resolution may be passed by a postal ballot only if the rules of the cooperative so permit or this Act requires the special resolution to be passed by postal ballot (including a special postal ballot).

      (3) A resolution is not to be considered to have been passed as a special resolution unless not less than 21 days notice has been given to the members of the cooperative specifying –

(a) the intention to propose the special resolution; and

(b) the reasons for the making of the special resolution; and

(c) the effect of the special resolution being passed.

      (4) A cooperative must give at least 28 days notice to the Commissioner of a proposed special resolution before giving notice to the members of the proposed special resolution.

Penalty:

Fine not exceeding 20 penalty units.

      (5) A failure to give notice to the Commissioner under subsection (4) does not affect the validity of the resolution.