Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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Contents
The Parliament of Australia intends that the following law will take effect according to its terms and be a special law for the descendants of the original inhabitants of Australia.
The law is intended, for the purposes of paragraph 4 of Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination and the
Racial Discrimination Act 1975 , to be a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders.
The Parliament of Australia enacts:
This Act may be cited as the
Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
This Act commences on 1 July 2007.
(1) This Act (except Part 5.8 of the Corporations Act as applied by sections 516‑1, 521‑1, 526‑35 and 526‑40) binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) To avoid doubt, a reference in this section to the Crown in a particular right includes a reference to an instrumentality or agency (whether a body corporate or not) of the Crown in that right.
(3) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
(1) This Act extends to the external Territories.
(2) Each provision of this Act applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.
Each provision of this Act applies according to its tenor to:
(a) natural persons whether:
(i) resident in Australia or an external Territory or not; and
(ii) Australian citizens or not; and
(b) all bodies corporate and unincorporated bodies whether formed or carrying on business in Australia or an external Territory or not.
Note: Many of the provisions in this Act apply only in relation to Aboriginal and Torres Strait Islander corporations.
The objects of this Act are to:
(a) provide for the Registrar of Aboriginal and Torres Strait Islander Corporations; and
(b) provide for the Registrar’s functions and powers; and
(c) provide for the incorporation, operation and regulation of those bodies that it is appropriate for this Act to cover; and
(d) without limiting paragraph (c)—provide for the incorporation, operation and regulation of bodies that are incorporated for the purpose of becoming a registered native title body corporate; and
(e) provide for the duties of officers of Aboriginal and Torres Strait Islander corporations and regulate those officers in the performance of those duties.
There is to be, within the Department, the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations.
Chapter 17 contains the Dictionary, which sets out a list of all the terms that are defined in this Act. It also sets out the meanings of some important concepts and rules on how to interpret this Act.
(1) This Act primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander corporations.
(2) It also provides for the Registrar and the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations.
(1) Chapter 2 provides for an application to be made to the Registrar for registration of an Aboriginal and Torres Strait Islander corporation.
(2) There are a number of registration requirements that must be met before the Registrar may register an Aboriginal and Torres Strait Islander corporation.
(3) Chapter 2 also deals with the effects of registration of an Aboriginal and Torres Strait Islander corporation on the corporation’s members, officers, contact persons and registered office.
(1) Chapter 3 deals with the basic features of an Aboriginal and Torres Strait Islander corporation. It covers matters such as the corporation’s name, constitution and other rules applying to the corporation and the corporation’s registered office or address for document access.
(2) Chapter 3 also provides for the assumptions that people who deal with an Aboriginal and Torres Strait Islander corporation can make in those dealings.
(1) Chapter 4 sets out some rules for membership of an Aboriginal and Torres Strait Islander corporation and some rules about cancelling the membership of members of the corporation. Aboriginal and Torres Strait Islander corporations have members (as opposed to shareholders) and they may also have persons who observe the operation of the corporation’s meetings (observers).
(2) Chapter 4 also deals with the register of members that the corporation is required to keep, and with protection of the rights and interests of members of the corporation.
(1) Chapter 5 sets out some rules for the calling and holding of general meetings and annual general meetings of an Aboriginal and Torres Strait Islander corporation.
(2) Chapter 5 also deals with rules concerning directors’ meetings.
(1) Chapter 6 deals with officers and contact persons of an Aboriginal and Torres Strait Islander corporation.
(2) Importantly, Chapter 6 also deals with the duties of officers and their disqualification for breaches of those duties.
(1) Chapter 7 deals with the reporting requirements that are imposed on an Aboriginal and Torres Strait Islander corporation. An Aboriginal and Torres Strait Islander corporation may have to lodge a general report and may also have to lodge financial reports (depending on the corporation’s size etc.).
(2) Chapter 7 also deals with the books of an Aboriginal and Torres Strait Islander corporation.
Chapter 8 deals with the civil consequences of an officer breaching a duty imposed by this Act.
Note: The criminal consequences are dealt with in Chapter 6.
(1) Chapter 9 deals with the requirement to lodge certain documents with the Registrar.
(2) Chapter 9 also deals with the registers that the Registrar may, or is required to, keep. Information on these registers is available to the public.
(1) Chapter 10 deals with a number of regulatory powers that the Registrar may use in the regulation of Aboriginal and Torres Strait Islander corporations.
(2) Chapter 10 also deals with the Registrar’s powers of enforcement and the protection of whistleblowers.
(1) Chapter 11 deals with the administration of an Aboriginal and Torres Strait Islander corporation by persons outside the corporation (for example, in a winding up).
(2) Importantly, the Registrar may appoint a special administrator for an Aboriginal and Torres Strait Islander corporation in circumstances that are vital to the continued viability of the corporation. The special administrator differs from an ordinary administrator.
Chapter 12 deals with:
(a) the transfer of an Aboriginal and Torres Strait Islander corporation’s registration to another Commonwealth, State or Territory system; and
(b) the deregistration of an Aboriginal and Torres Strait Islander corporation; and
(c) unclaimed property of an Aboriginal and Torres Strait Islander corporation that has been deregistered.
Chapter 13 deals with general offences against this Act.
Chapter 14 deals with the jurisdiction of courts to hear matters under this Act, injunctions and court proceedings.
Chapter 15 deals with a number of matters concerning the general administration of this Act (for example, the protection of information and review of decisions).
(1) Chapter 16 deals with the appointment of the Registrar and Deputy Registrars. The Registrar is charged with the administration of this Act.
(2) Chapter 16 also deals with the powers and functions of the Registrar.
Chapter 17 contains the interpretation provisions of this Act and the definitions.
This Chapter provides for Aboriginal and Torres Strait Islander corporations and their registration.
In particular, it deals with:
• what an Aboriginal and Torres Strait Islander corporation is (see section 16‑5); and
• the application for registration (see Part 2‑2); and
• decisions on applications (see Part 2‑3); and
• registration of small, medium and large corporations (see Part 2‑4); and
• the effects of registration (see Part 2‑5).
An
Aboriginal and Torres Strait Islander corporation is a corporation registered under this Act.
(1) An application by a person (the
applicant ) for registration of an Aboriginal and Torres Strait Islander corporation must contain the following information:
(a) the applicant’s name and address;
(b) the corporation’s proposed name;
(c) if the applicant is requesting an exemption from having to have at least 5 members—a request for the exemption specifying the proposed minimum number of members;
(d) an indication of whether, for the corporation’s first financial year, the corporation is expected to be a small, medium or large corporation;
(e) if the corporation is expected to be a large corporation for the corporation’s first financial year—the address of the proposed registered office;
(f) if the corporation is expected to be a small or medium corporation for the corporation’s first financial year—the address of the proposed document access address;
(g) the names and addresses of each person who consents in writing to become a member of the corporation;
(h) the director details of each person who consents in writing to become a director of the corporation;
(i) if the corporation is expected to be a small or medium corporation in respect of the corporation’s first financial year—the name and address of the person who consents in writing to be the contact person;
(j) if the corporation is expected to be a large corporation in respect of the corporation’s first financial year—the name and address of the person who consents in writing to be the corporation’s secretary;
(k) whether the people who are, or have been, members of the corporation are to be liable to contribute towards the payment of the debts and liabilities of the corporation and if so, the extent of the persons’ liabilities;
(l) such other information that the Registrar specifies in writing in respect of the registration of the corporation;
(m) such other information that is prescribed by the regulations as information that must be included in the application.
Note: The address of the director, secretary or contact person that must be stated is usually the residential address. However, an alternative address may be stated in certain circumstances (see section 304‑15).
(2) The application must also:
(a) identify the directors who are to hold office for only one year; and
(b) if the application seeks registration of an Aboriginal and Torres Strait Islander corporation for the purpose of becoming a registered native title body corporate—indicate that purpose.
Director details
(3) The
director details of a person who consents to become a director are the following:
(a) the person’s given and family name;
(b) all former given and family names of the person;
(d) the person’s address;
(e) the person’s date and place of birth (if known);
(ea) the person’s director identification number, or the fact that the person does not have a director identification number;
(f) a declaration in writing from the person stating that the person is eligible to be a director of an Aboriginal and Torres Strait Islander corporation.
(4) A specification by the Registrar under paragraph (1)(l) is not a legislative instrument.
The following must accompany an application under section 21‑1:
(a) evidence of the decisions referred to in section 29‑15 (if applicable);
(b) copies of the consents referred to in subsection 21‑1(1).
Note: Under the internal governance rules requirement (see section 29‑20), a copy of the proposed constitution of a proposed corporation must also be provided to the Registrar before the time the Registrar makes a decision under section 26‑1 in respect of the application.
(1) For the purposes of determining an application, the Registrar may request an applicant to provide such further information as the Registrar requests within the period specified by the Registrar in the request.
(2) The Registrar may extend a period specified under subsection (1).
(3) If the applicant does not comply with the request, the Registrar may treat the application as being withdrawn and notify the applicant in writing accordingly. The notice must be given within 28 days after the Registrar makes the decision to treat the application as being withdrawn.
(4) A request under this section must state the effect of subsection (3).
(1) A person (the
applicant ) may apply to the Registrar for registration of an existing body corporate as an Aboriginal and Torres Strait Islander corporation under Part 2‑3.(2) The application must contain the following information:
(a) the applicant’s name and address;
(b) the body’s current name;
(c) the body’s ACN (if any);
(d) if the body is a registered body (within the meaning of the Corporations Act)—its ARBN;
(e) the law under which the body is currently incorporated;
(f) the name proposed to be adopted by the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(g) if the applicant is requesting an exemption from having to have at least 5 members—a request for the exemption specifying the proposed minimum number of members;
(h) an indication of whether, for its first financial year, the body is expected to be a small, medium or large corporation;
(i) if the body is expected to be a large corporation for its first financial year—the address of the proposed registered office;
(j) if the body is expected to be a small or medium corporation for its first financial year—the address of the proposed document access address;
(k) the director details of each person who consents in writing to become a director of the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(l) if the body is expected to be a small or medium corporation for its first financial year—the name and address of the person who consents in writing to be the contact person;
(m) if the body is expected to be a large corporation for its first financial year—the name and address of the person who consents in writing to be the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(n) whether, once the body becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the people who are, or have been, its members are to be liable to contribute towards the payment of its debts and liabilities and, if so, the extent of their liabilities;
(o) such other information that the Registrar specifies in writing in respect of the registration of the body as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(p) such other information that is prescribed by the regulations as information that must be included in the application.
Note: The address of the director, secretary or contact person that must be stated is usually the residential address. However, an alternative address may be stated in certain circumstances (see section 304‑15).
(3) The application must also:
(a) identify the directors who are to hold office for only one year; and
(b) if the application seeks registration of the body as an Aboriginal and Torres Strait Islander corporation for the purpose of becoming a registered native title body corporate—indicate that purpose.
Director details
(4) The
director details of a person who consents to become a director are the following:
(a) the person’s given and family name;
(b) all former given and family names of the person;
(c) the person’s address;
(d) the person’s date and place of birth (if known);
(da) the person’s director identification number, or the fact that the person does not have a director identification number;
(e) a declaration in writing from the person stating that the person is eligible to be a director of an Aboriginal and Torres Strait Islander corporation.
(5) A specification by the Registrar under paragraph (2)(o) is not a legislative instrument.
(6) In this section:
ACN has the same meaning as in the Corporations Act.
ARBN has the same meaning as in the Corporations Act.
(1) The following must accompany an application under section 22‑1:
(a) evidence of the resolution referred to in section 29‑17;
(b) copies of the consents referred to in subsection 22‑1(2);
(c) a certified copy of a current certificate of the body’s incorporation in its place of origin, or of a document that has a similar effect;
(d) a certified printed copy of the body’s constitution (if any);
(e) evidence that the body is not a Chapter 5 body corporate;
(f) evidence that no application to wind up the body has been made to a court (in Australia or elsewhere) that has not been dealt with;
(g) evidence that no application to approve a compromise or arrangement between the body and another person has been made to a court (in Australia or elsewhere) that has not been dealt with;
(h) evidence that under the law of the body’s place of origin:
(i) the transfer of the body’s incorporation is authorised; and
(ii) the body has complied with the requirements (if any) of that law for the transfer of its incorporation;
(i) any other documents that are prescribed.
Note: Under the internal governance rules requirement (see section 29‑20), a copy of the proposed constitution of a proposed corporation must also be provided to the Registrar before the time the Registrar makes a decision under section 26‑1 in respect of the application.
(2) The evidence lodged in accordance with subsections (1) must be satisfactory proof to the Registrar of the matters referred to in that subsection.
Note: Section 376‑5 requires documents that are not in English to be translated into English.
(1) For the purposes of determining an application made under section 22‑1, the Registrar may request an applicant to provide such further information as the Registrar requests within the period specified by the Registrar in the request.
(2) The Registrar may extend a period specified under subsection (1).
(3) If the applicant does not comply with the request, the Registrar may treat the application as being withdrawn and notify the applicant in writing accordingly. The notice must be given within 28 days after the Registrar makes the decision to treat the application as being withdrawn.
(4) A request under this section must state the effect of subsection (3).
(1) A person (the
applicant ) may apply to the Registrar for registration of an Aboriginal and Torres Strait Islander corporation (theamalgamated corporation ) under Part 2‑3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ).(2) The application must contain the following information:
(a) the applicant’s name and address;
(b) the names, and ICNs, of the amalgamating corporations;
(c) the name proposed to be adopted by the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(d) if the applicant is requesting an exemption for the amalgamated corporation from having to have at least 5 members—a request for the exemption specifying the proposed minimum number of members;
(e) an indication of whether, for its first financial year, the amalgamated corporation is expected to be a small, medium or large corporation;
(f) if the amalgamated corporation is expected to be a large corporation for its first financial year—the address of the proposed registered office;
(g) if the amalgamated corporation is expected to be a small or medium corporation for its first financial year—the address of the proposed document access address;
(h) the director details of each person who consents in writing to become a director of the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(i) if the amalgamated corporation is expected to be a small or medium corporation for its first financial year—the name and address of the person who consents in writing to be the contact person;
(j) if the amalgamated corporation is expected to be a large corporation for its first financial year—the name and address of the person who consents in writing to be the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(k) whether, once the amalgamated corporation becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the people who are, or have been, its members are to be liable to contribute towards the payment of its debts and liabilities and, if so, the extent of their liabilities;
(l) such other information that the Registrar specifies in writing in respect of the registration of the amalgamated corporation as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(m) such other information that is prescribed by the regulations as information that must be included in the application.
Note: The address of the director, secretary or contact person that must be stated is usually the residential address. However, an alternative address may be stated in certain circumstances (see section 304‑15).
(3) The application must also:
(a) identify the directors of the amalgamated corporation who are to hold office for only one year; and
(b) if the application seeks registration of the amalgamated corporation for the purpose of becoming a registered native title body corporate—indicate that purpose.
Director details
(4) The
director details of a person who consents to become a director are the following:
(a) the person’s given and family name;
(b) all former given and family names of the person;
(c) the person’s address;
(d) the person’s date and place of birth (if known);
(da) the person’s director identification number, or the fact that the person does not have a director identification number;
(e) a declaration in writing from the person stating that the person is eligible to be a director of an Aboriginal and Torres Strait Islander corporation.
(5) A specification by the Registrar under paragraph (1)(l) is not a legislative instrument.
(1) The following must accompany an application under section 23‑1:
(a) evidence that, on registration, the amalgamated corporation will meet the creditor notice requirements referred to in section 29‑18;
(b) evidence of the resolutions referred to in section 29‑19;
(c) copies of the consents referred to in subsection 23‑1(2);
(d) evidence that none of the amalgamating corporations is a Chapter 5 body corporate;
(e) evidence that no application to wind up an amalgamating corporation has been made to a court (in Australia or elsewhere) that has not been dealt with;
(f) evidence that no application to approve a compromise or arrangement between an amalgamating corporation and another person has been made to a court (in Australia or elsewhere) that has not been dealt with;
(g) any other documents that are prescribed.
Note: Under the internal governance rules requirement (see section 29‑20), a copy of the proposed constitution of a proposed corporation must also be provided to the Registrar before the time the Registrar makes a decision under section 26‑1 in respect of the application.
(2) The evidence lodged in accordance with subsections (1) must be satisfactory proof to the Registrar of the matters referred to in that subsection.
Note: Section 376‑5 requires documents that are not in English to be translated into English.
(1) For the purposes of determining an application under section 23‑1, the Registrar may request an applicant to provide such further information as the Registrar requests within the period specified by the Registrar in the request.
(2) The Registrar may extend a period specified under subsection (1).
(3) If the applicant does not comply with the request, the Registrar may treat the application as being withdrawn and notify the applicant in writing accordingly. The notice must be given within 28 days after the Registrar makes the decision to treat the application as being withdrawn.
(4) A request under this section must state the effect of subsection (3).
Registrar to decide
(1) The Registrar must make a decision whether or not to grant an application under section 21‑1, 22‑1 or 23‑1 for registration of an Aboriginal and Torres Strait Islander corporation.
When may Registrar grant application
(2) The Registrar may decide to grant the application if:
(a) an application under section 21‑1, 22‑1 or 23‑1 has been lodged for registration of the corporation (but see section 26‑5); and
(b) if the application is made under section 21‑1—the application is accompanied by the matters set out in section 21‑5 (but see section 26‑5); and
(ba) if the application is made under section 22‑1—the application is accompanied by the matters set out in section 22‑5 (but see section 26‑5); and
(bb) if the application is made under section 23‑1—the application is accompanied by the matters set out in section 23‑5 (but see section 26‑5); and
(c) the Registrar is satisfied that, on registration, the corporation will meet the following basic requirements set out in Division 29 (but see section 26‑10):
(i) the minimum number of members requirement (see section 29‑1);
(ii) the Indigeneity requirement (see section 29‑5);
(iii) the age of members requirement (see section 29‑10);
(iv) if the application is made under section 21‑1—the pre‑incorporation requirement (see section 29‑15);
(iva) if the application is made under section 22‑1—the pre‑transfer of registration requirement (see section 29‑17);
(ivb) if the application is made under section 23‑1—the creditor notice requirements (see section 29‑18) and the pre‑amalgamation requirements (see section 29‑19);
(v) the internal governance rules requirement (see section 29‑20);
(vi) the name requirement (see section 29‑25); and
(d) section 26‑15 does not preclude the registration; and
(e) the Registrar is satisfied that it is more appropriate that the corporation be registered under this Act than under the Corporations Act or a law of a State or Territory dealing with incorporated bodies; and
(f) the Registrar is satisfied that registering the corporation would not be contrary to the public interest.
Special rules for amalgamation application under section 23‑1
(3) Subsections (4) and (5) apply in deciding whether to grant an application under section 23‑1 to register an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ).(4) The Registrar must not grant the application if an objection to the grant of the application has been made under subsection 29‑18(3) and the objection has not been withdrawn.
(5) In addition to the matters referred to in subsection (2), the Registrar may have regard to the following matters in deciding whether to grant the application:
(a) the size and complexity of the operations of the amalgamating corporations;
(b) whether there are any unresolved disputes:
(i) internal to the operation of any of the amalgamating corporations; or
(ii) between any of the amalgamating corporations and other persons; or
(iii) about whether the amalgamated corporation should replace the amalgamating corporations;
(c) the extent to which the amalgamating corporations, and the officers of the amalgamating corporations, have complied with this Act and the regulations;
(d) the nature of any services provided by the amalgamating corporations and the people to whom those services are provided;
(e) the capacity of the amalgamating corporations, and their officers, to make an application to the Court for orders under Part 5.1 of the Corporations Act (as applied by Division 45 of this Act);
(f) whether it would be desirable for a court to supervise the process of the amalgamated corporation replacing the amalgamating corporations;
(g) whether the amalgamating corporations have different member liability arrangements;
(h) any other matter the Registrar considers relevant.
Note: If the Registrar decides not to grant the application, the amalgamation may be able to be achieved by applying to the Court for orders under Part 5.1 of the Corporations Act (as applied by section 45‑1 of this Act).
Despite paragraphs 26‑1(2)(a), (b), (ba) and (bb), the Registrar may grant the application even if the application for registration:
(a) is incomplete or contains errors (as long as the applicant has provided his or her name and address in the application); or
(b) some or all of the material required to accompany the application under section 21‑5, section 22‑5 or 23‑5 is not provided, is incomplete or contains errors.
Circumstances when Registrar may register corporation
(1) Despite paragraph 26‑1(2)(c), the Registrar may grant the application even if the Registrar is not satisfied that the corporation, on registration, would meet:
(a) the minimum number of members requirement; or
(b) the age of members requirement; or
(c) the pre‑incorporation requirement; or
(d) the pre‑transfer of registration requirement; or
(e) the creditor notice requirements; or
(f) the pre‑amalgamation requirements.
Registrar not to register body in certain circumstances
(2) However, the Registrar must not grant the application and register an Aboriginal and Torres Strait Islander corporation if, on registration, the corporation would not meet:
(a) the Indigeneity requirement; or
(b) the internal governance rules requirement; or
(c) the name requirement.
The following cannot be registered under this Act:
(a) a trade union;
(b) a body that is providing financial services (within the meaning of the Corporations Act);
(c) a body of a kind prescribed in the regulations as a kind of body that must not be registered.
An Aboriginal and Torres Strait Islander corporation meets the
minimum number of members requirement if the corporation complies with the requirement in subsection 77‑5(1).
An Aboriginal and Torres Strait Islander corporation meets the
Indigeneity requirement if the corporation has the following required number or percentage of its members who are Aboriginal and Torres Strait Islander persons:
(a) if the corporation has 5 or more members—at least the percentage of members prescribed in the regulations for the purposes of this section;
(b) if the corporation has fewer than 5 members but more than one member—all of the members, or all but one of the members;
(c) if the corporation has only one member—that member.
Note: For the meaning of
Aboriginal and Torres Strait Islander person , see section 700‑1.
An Aboriginal and Torres Strait Islander corporation meets the
age of members requirement if each member of the corporation who is an individual is at least 15 years of age.
(1) An Aboriginal and Torres Strait Islander corporation meets the
pre‑incorporation requirement if 75% of the persons listed in the application for registration as persons who consent to become members of the corporation on registration have:
(a) authorised the applicant to apply for the incorporation of the Aboriginal and Torres Strait Islander corporation; and
(b) approved the proposed constitution provided to the Registrar under subsection 29‑20(2) as the constitution of the corporation; and
(c) if the internal governance rules that would apply to the corporation will include one or more replaceable rules—agreed to those replaceable rules so applying; and
(d) nominated, as persons who will become directors of the corporation, the persons specified in the application as persons who will become directors on registration; and
(e) if the application indicates that the corporation is expected to be a small or medium corporation in respect of the corporation’s first financial year—nominated, as a person who will become a contact person of the corporation, the person specified in the application as a person who will become contact person on registration; and
(f) if the application indicates that the corporation is expected to be a large corporation in respect of the corporation’s first financial year—nominated, as a person who will become the corporation’s secretary, the person specified in the application as a person who will become the corporation’s secretary on registration.
(2) The document evidencing the agreement under paragraph (1)(c) must:
(a) refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the corporation; and
(b) set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.
(1) A body corporate in relation to which an application is made under section 22‑1 meets the
pre‑transfer of registration requirement if:
(a) the members have by a resolution that has been passed at a meeting by at least 75% of the votes cast by members entitled to vote on the resolution:
(i) authorised the applicant to apply for the registration of the body as an Aboriginal and Torres Strait Islander corporation; and
(ii) approved the proposed constitution provided to the Registrar under subsection 29‑20(2) as the constitution to be adopted by the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3; and
(iii) if the internal governance rules that would apply to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3 will include one or more replaceable rules—agreed to those replaceable rules so applying; and
(iv) nominated, as persons who will become directors of the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the persons specified in the application as persons who will become directors on registration; and
(v) if the application indicates that the body is expected to be a small or medium corporation in respect of its first financial year—nominated, as a person who will become the contact person when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the person specified in the application as a person who will become the contact person on registration; and
(vi) if the application indicates that the body is expected to be a large corporation in respect of its first financial year—nominated, as a person who will become the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the person specified in the application as a person who will become the secretary on registration; and
(b) the members were given at least 21 days notice of the meeting and the proposed resolution.
(2) The document evidencing the agreement under subparagraph (1)(a)(iii) must:
(a) refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3; and
(b) set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.
(1) If an application is made under section 23‑1 to register an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ), the amalgamated corporation meets thecreditor notice requirement if:
(a) the applicant has given the Registrar a notice of intention to make the application; and
(b) the applicant has, within 14 days after giving the Registrar the notice, published the following in accordance with subsection (2):
(i) a copy of the notice;
(ii) a statement informing substantial creditors of the amalgamating corporations that those creditors may, within the objection period, object under subsection (3) to the grant of the application;
(iii) such other information as is prescribed by the regulations for the purposes of this subparagraph; and
(c) each of the amalgamating corporations has, during the objection period, taken reasonable steps to bring the following to the attention of persons who are, or who are likely to or who may become, substantial creditors of the corporation:
(i) the proposed amalgamation;
(ii) the right that substantial creditors of the corporation have under subsection (3) to object to the grant of the application made under section 23‑1; and
(d) the application under section 23‑1 is made within 14 days after the end of the objection period.
Note 1: For
substantial creditor , see paragraph (5)(a).Note 2: For
objection period , see paragraph (5)(b).(2) The material referred to in paragraph (1)(b) must be published:
(a) in a national newspaper; or
(b) for each State or Territory in which any of the amalgamating corporations has its registered office (if any) or carries on business or other operations—in a daily newspaper that circulates generally in that State or Territory.
If the material is published in a number of newspapers under paragraph (b), all of the publications must occur on the same day.
(3) A substantial creditor of any of the amalgamating corporations may object to the grant of the application by:
(a) lodging with the Registrar a written objection that contains the information prescribed by the regulations for the purposes of this paragraph; and
(b) giving the applicant a copy of the objection;
within the objection period.
(4) A substantial creditor of an amalgamating corporation who has lodged an objection under subsection (3) may, by written notice to the Registrar, withdraw the objection.
(5) For the purposes of this section:
(a) a person is a
substantial creditor of an amalgamating corporation if:
(i) the amalgamating corporation owes a debt, or debts, to the person; and
(ii) the amount of that debt, or the sum of the amounts of those debts, that is unsecured exceeds the amount prescribed by the regulations for the purposes of this subsection; and
(b) the
objection period is the period of 21 days after the day on which the material referred to in paragraph (1)(b) is published in accordance with subsection (2); and(c) an amalgamating corporation is taken to
owe a debt to a person even if the debt is contingent or prospective.
(1) If an application is made under section 23‑1 to register an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ), the amalgamated corporation meets thepre‑amalgamation requirements if the members of each of the amalgamating corporations have passed a special resolution:
(a) authorising the applicant to apply for the registration of the amalgamated corporation to replace the amalgamating corporations; and
(b) approving the proposed constitution provided to the Registrar under subsection 29‑20(2) as the constitution to be the amalgamated corporation’s constitution when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3; and
(c) if the internal governance rules that would apply to the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3 will include one or more replaceable rules—agreeing to those replaceable rules so applying; and
(d) nominating, as persons who will become directors of the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the persons specified in the application as persons who will become directors on registration; and
(e) if the application indicates that the amalgamated corporation is expected to be a small or medium corporation in respect of its first financial year—nominating, as a person who will become a contact person of the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the person specified in the application as a person who will become the contact person on registration; and
(f) if the application indicates that the amalgamated corporation is expected to be a large corporation in respect of its first financial year—nominating, as a person who will become the amalgamated corporation’s secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3, the person specified in the application as a person who will become the secretary on registration.
(2) The document evidencing the agreement under paragraph (1)(c) must:
(a) refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3; and
(b) set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.
(1) An Aboriginal and Torres Strait Islander corporation meets the
internal governance rules requirement if the corporation’s constitution complies with the requirements set out in section 66‑1.(2) In addition, a copy of the corporation’s proposed constitution must be lodged before the time the Registrar makes a decision under section 26‑1 in respect of the application.
An Aboriginal and Torres Strait Islander corporation meets the
name requirement if the corporation complies with the requirements set out in section 85‑1.
(1) If the Registrar grants an application under section 21‑1, 22‑1 or 23‑1 for registration of an Aboriginal and Torres Strait Islander corporation, the Registrar must:
(a) register the Aboriginal and Torres Strait Islander corporation; and
(b) register the corporation’s constitution; and
(c) issue a certificate to the applicant that states the following:
(i) the corporation’s name and ICN;
(ii) that the corporation is registered under this Act;
(iii) the date of the registration.
Note: Section 37‑1 requires the Registrar to register the corporation as a small, medium or large corporation.
(2) The Registrar must keep a record of the registration and the constitution.
(3) A certificate under subsection (1) is not a legislative instrument.
(1) If:
(a) the Registrar does not grant the application; and
(b) section 26‑15 does not preclude the registration;
the Registrar must, in writing:
(c) notify the applicant of the decision within 28 days after the decision; and
(d) invite the applicant to:
(i) make such changes in the application or accompanying material that will remove the grounds for refusal; and
(ii) advise the Registrar, within the time specified in the invitation, of any changes made or, if the changes are not made, of the reasons for the changes not being made.
(2) If the Registrar is advised under subparagraph (1)(d)(ii), the Registrar must reconsider the application.
(1) On the registration of an Aboriginal and Torres Strait Islander corporation, the Registrar must register the corporation as a small, medium or large corporation.
Note: The classification determines the reports the corporation has to prepare (see Chapter 7) and whether or not the corporation must have a registered office and a corporation secretary.
(2) The Registrar may register the corporation as a small corporation only if:
(a) the application for registration indicates; or
(b) the Registrar is otherwise satisfied;
that the corporation is likely to be a small corporation in respect of its first financial year.
Note: Subsection 37‑10(1) sets out the criteria for determining whether the corporation is a small corporation for a particular financial year.
(3) The Registrar may register the corporation as a medium corporation only if:
(a) the application for registration indicates; or
(b) the Registrar is otherwise satisfied;
that the corporation is likely to be a medium corporation in respect of its first financial year.
Note: Subsection 37‑10(2) sets out the criteria for determining whether the corporation is a medium corporation for a particular financial year.
(4) The Registrar may register the corporation as a large corporation only if:
(a) the application for registration indicates; or
(b) the Registrar is otherwise satisfied;
that the corporation is likely to be a large corporation in respect of its first financial year.
Note: Subsection 37‑10(3) sets out the criteria for determining whether the corporation is a large corporation for a particular financial year.
(1) If the Registrar is satisfied that an Aboriginal and Torres Strait Islander corporation that is registered as a small corporation was in fact a medium or large corporation for the most recent financial year, the Registrar may alter the corporation’s registration so that the corporation is registered as a medium or large corporation.
(2) If the Registrar is satisfied that an Aboriginal and Torres Strait Islander corporation that is registered as a medium corporation was in fact a small or large corporation for the most recent financial year, the Registrar may alter the corporation’s registration so that the corporation is registered as a small or large corporation.
(3) If the Registrar is satisfied that an Aboriginal and Torres Strait Islander corporation that is registered as a large corporation was in fact a small or medium corporation for the most recent financial year, the Registrar may alter the corporation’s registration so that the corporation is registered as a small or medium corporation.
(4) An alteration to an Aboriginal and Torres Strait Islander corporation’s registration made under subsection (1), (2) or (3) is not a legislative instrument.
(5) The Registrar must notify an Aboriginal and Torres Strait Islander corporation in writing of an alteration made under this section.
Small corporations
(1) An Aboriginal and Torres Strait Islander corporation is a
small corporation for a financial year if it satisfies at least 2 of the following paragraphs:
(a) the consolidated gross operating income for the financial year of the corporation and the entities it controls (if any) is less than the amount prescribed in the regulations for the purposes of this paragraph;
(b) the value of the consolidated gross assets at the end of the financial year of the corporation and the entities it controls (if any) is less than the amount prescribed in the regulations for the purposes of this paragraph;
(c) the corporation and the entities it controls (if any) have, at the end of the financial year, fewer employees than the number of employees prescribed for the purposes of this paragraph.
Note: A small corporation generally has reduced financial reporting requirements (see Chapter 7).
Medium corporations
(2) Subject to subsection (3), an Aboriginal and Torres Strait Islander corporation is a
medium corporation for a financial year if it satisfies at least 2 of the following paragraphs:
(a) the consolidated gross operating income for the financial year of the corporation and the entities it controls (if any) is equal to or more than the amount prescribed under paragraph (1)(a);
(b) the value of the consolidated gross assets at the end of the financial year of the corporation and the entities it controls (if any) is equal to or more than the amount prescribed under paragraph (1)(b);
(c) the corporation and the entities it controls (if any) have, at the end of the financial year, a number of employees that is equal to or more than the number prescribed under paragraph (1)(c).
Large corporations
(3) An Aboriginal and Torres Strait Islander corporation is a
large corporation for a financial year if it satisfies at least 2 of the following paragraphs:
(a) the consolidated gross operating income for the financial year of the corporation and the entities it controls (if any) is equal to or more than the amount prescribed for the purposes of this paragraph;
(b) the value of the consolidated gross assets at the end of the financial year of the corporation and the entities it controls (if any) is equal to or more than the amount prescribed for the purposes of this paragraph;
(c) the corporation and the entities it controls (if any) have, at the end of the financial year, a number of employees that is equal to or more than the number of employees prescribed for the purposes of this paragraph.
Native Title
(4) The native title rights and interests held by a registered native title body corporate are to be disregarded in determining the value of the assets of a registered native title body corporate.
In deciding, for the purposes of section 37‑10, whether an Aboriginal and Torres Strait Islander corporation controls an entity, apply the accounting standards made for the purposes of paragraph 295(2)(b) of the Corporations Act.
(1) The regulations may prescribe one or more methods for calculating the number of employees of Aboriginal and Torres Strait Islander corporations.
(2) Without limiting subsection (1), regulations made under that subsection may specify:
(a) that employees of a class are to be disregarded for the purposes of section 37‑10; or
(b) that employees of a class are to be taken into account by treating each employee as representing a specified fraction of an employee.
In consolidating under section 37‑10:
(a) the consolidated gross operating income; and
(b) the value of consolidated gross assets;
apply the accounting standards in force at the relevant time (even if the standards do not otherwise apply to the financial year of some or all of the bodies concerned).
If an Aboriginal and Torres Strait Islander corporation is registered under Part 2‑3 as a result of an application made under section 21‑1, the Aboriginal and Torres Strait Islander corporation comes into existence as a body corporate with perpetual succession at the beginning of the day on which it is registered.
Note: The corporation remains in existence until it is deregistered (see Chapter 12).
If a body corporate is registered under Part 2‑3 as an Aboriginal and Torres Strait Islander corporation as a result of an application made under section 22‑1, registration under Part 2‑3 does not:
(a) create a new legal entity; or
(b) affect the body’s existing property, rights or obligations (except as against the members of the body in their capacity as members); or
(c) render defective any legal proceedings by or against the body or its members.
Note: The Aboriginal and Torres Strait Islander corporation remains in existence until it is deregistered (see Chapter 12).
(1) This section applies if an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) is registered under Part 2‑3 as a result of an application made under section 23‑1 to register the amalgamated corporation to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ).(2) The amalgamated corporation comes into existence as a body corporate with perpetual succession at the beginning of the day on which it is registered.
Note: The amalgamated corporation remains in existence until it is deregistered (see Chapter 12).
(3) On registration:
(a) the assets of each of the amalgamating corporations cease to be assets of the amalgamating corporation and become assets of the amalgamated corporation without any conveyance, transfer or assignment and the amalgamated corporation becomes the amalgamating corporation’s successor in law in relation to those assets; and
(b) the liabilities of each of the amalgamating corporations cease to be liabilities of the amalgamating corporations and become liabilities of the amalgamated corporation and the amalgamated corporation becomes the amalgamating corporation’s successor in law in relation to those liabilities; and
(c) if any proceedings to which an amalgamating corporation was a party were pending in any court or tribunal immediately before registration—the amalgamated corporation is substituted for the amalgamating corporation as a party to the proceedings; and
(d) any investigation that was commenced before registration in relation to an amalgamating corporation may be continued after registration as if the investigation were an investigation in relation to the amalgamated corporation; and
(e) an act or thing done, or omitted to be done, before registration by or in relation to an amalgamating corporation is taken to have been done, or to have been omitted to be done, by or in relation to the amalgamated corporation; and
(f) a reference in any document to an amalgamating corporation is taken to be a reference to the amalgamated corporation.
Note 1: The Registrar deregisters the amalgamating corporations under subsection 546‑10(3).
Note 2: Paragraph (3)(e) has the effect, for example, that any regulatory action taken in relation to an amalgamating corporation under Part 10‑3 may be continued as if that action had been taken in relation to the amalgamated corporation.
(4) Paragraph (3)(e) does not apply to a determination under section 487‑1 that an amalgamating corporation is to be under special administration.
(5) To avoid doubt, if an asset of an amalgamating corporation was, immediately before registration, subject to a charge of any kind, the asset becomes the asset of the amalgamated corporation under subsection (3) subject to that charge.
(6) Subsection (7) applies if:
(a) any land vests in the amalgamated corporation under this section; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Registrar; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the amalgamated corporation under this section.
(7) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(8) Subsection (9) applies if:
(a) any asset other than land vests in the amalgamated corporation under this section; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Registrar; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the amalgamated corporation under this section.
(9) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this section.
(10) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(11) The Registrar may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt matter.
(12) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (11) is prima facie evidence of the matters stated in the certificate.
(13) For the purposes of this section, an
exempt matter is:
(a) the vesting of an asset or liability under this section; or
(b) the operation of this section in any other respect.
(14) In this section:
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official , in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
An Aboriginal and Torres Strait Islander corporation’s name on registration is the name specified in the certificate of registration.
Persons become members on registration
(1) A person becomes a member of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if:
(a) the corporation was registered as a result of an application made under section 21‑1 and the person is specified in the application with the person’s consent as a proposed member of the corporation; or
(b) the corporation was registered as a result of an application made under section 22‑1 for registration of a body corporate as an Aboriginal and Torres Strait Islander corporation under Part 2‑3 and the person is a member of the body corporate immediately before registration of the corporation; or
(c) the corporation was registered as a result of an application made under section 23‑1 to register an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) under Part 2‑3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ) and the person is a member of any of the amalgamating corporations immediately before the registration of the amalgamated corporation.Note: A member’s name must be entered in the register of members (see section 180‑5).
Persons become directors etc. on registration
(1A) A person becomes a director, corporation secretary or contact person of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if the person is specified in the application under section 21‑1, 22‑1 or 23‑1 with his or her consent as a proposed director, corporation secretary or contact person of the corporation.
If no contact person nominated in the application for registration
(2) If:
(a) an Aboriginal and Torres Strait Islander corporation is registered as a small or medium corporation; and
(b) the application for registration does not specify a person to be the contact person for the corporation;
the applicant becomes the contact person for the corporation on registration.
If person nominated in application for registration as contact person without the person’s consent
(3) If:
(a) a person is specified in an application for registration of an Aboriginal and Torres Strait Islander corporation as the contact person for the corporation; and
(b) the person is specified without his or her consent; and
(c) before registration, the Registrar becomes aware of that fact;
the Registrar may determine, by notice in writing given to the applicant, that the applicant for registration is the contact person for the corporation on registration.
(4) A determination under subsection (3) is not a legislative instrument.
If an Aboriginal and Torres Strait Islander corporation is registered as a large corporation, the address (if any) specified in the corporation’s application for registration as the proposed registered office becomes the address of the corporation’s registered office on registration.
If an Aboriginal and Torres Strait Islander corporation is registered as a small or medium corporation, the address (if any) specified in the corporation’s application for registration as the proposed document access address becomes the corporation’s document access address on registration.
(1) An Aboriginal and Torres Strait Islander corporation may have a common seal. If an Aboriginal and Torres Strait Islander corporation does have a common seal, the corporation must set out on it the corporation’s name and ICN.
Note 1: An Aboriginal and Torres Strait Islander corporation may make contracts and execute documents without using a seal (see sections 99‑1 and 99‑5).
Note 2: For abbreviations that can be used on a seal, see section 85‑10.
(2) An Aboriginal and Torres Strait Islander corporation may have a duplicate common seal. The duplicate must be a copy of the common seal with the words “duplicate seal” added.
(3) A person commits an offence if:
(a) the person uses, or authorises the use of, a seal; and
(b) the seal purports to be the common seal of an Aboriginal and Torres Strait Islander corporation or a duplicate; and
(c) the seal does not comply with the requirements set out in subsection (1) or (2).
Penalty: 10 penalty units.
(4) An offence against paragraph (3)(a) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
Application of section
(1) This section applies if an application is lodged to register an unincorporated body as an Aboriginal and Torres Strait Islander corporation.
Personal property other than land
(2) Upon registration, any personal property held by a person, in trust or otherwise, for or on behalf of the members of the body vests in the corporation. The property vests subject to any trust, covenant, contract or liability affecting the property (other than a trust for the members).
Estate or interest in land
(3) If:
(a) a person holds an estate or interest in land, in trust or otherwise, for or on behalf of the members of the body; and
(b) the body is registered;
that person must, upon the registration, take all action required to vest the estate or interest in the corporation. The vesting is subject to any trust (other than a trust for the members), or any covenant, contract or liability affecting the estate or interest.
(4) In subsection (2):
personal property does not include property consisting of an estate or interest in land.
(1) This section applies if:
(a) a body corporate is registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3 as a result of an application made under section 22‑1; and
(b) a person stopped being a member of a body corporate before it was registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3.
(2) The person is to be treated as a past member of the Aboriginal and Torres Strait Islander corporation in applying Division 2 of Part 5.6 of the Corporations Act (as applied by section 526‑35 of this Act) to a winding up of the Aboriginal and Torres Strait Islander corporation.
(3) However, the person’s liability to contribute to the Aboriginal and Torres Strait Islander corporation’s property is further limited by this section to an amount sufficient for the following:
(a) payment of debts and liabilities contracted by the body corporate before the day on which it was registered as an Aboriginal and Torres Strait Islander corporation under Part 2‑3;
(b) payment of the costs, charges and expenses of winding up the Aboriginal and Torres Strait Islander corporation, so far as those costs, charges and expenses relate to those debts and liabilities;
(c) the adjustment of the rights between the contributories, so far as the adjustment relates to those debts and liabilities.
(1) The regulations may modify the operation of this Part in relation to an Aboriginal and Torres Strait Islander corporation registered under Part 2‑3 as a result of an application made under section 22‑1.
(2) Regulations made for the purposes of subsection (1) must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
(1) This section applies if:
(a) an Aboriginal and Torres Strait Islander corporation (the
amalgamated corporation ) is registered under Part 2‑3 as a result of an application made under section 23‑1 to register the amalgamated corporation to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (theamalgamating corporations ); and(b) a person stopped being a member of an amalgamating corporation before the registration of the amalgamated corporation.
(2) The person is to be treated as a past member of the amalgamated corporation in applying Division 2 of Part 5.6 of the Corporations Act (as applied by section 526‑35 of this Act) to a winding up of the amalgamated corporation.
(3) However, the person’s liability to contribute to the amalgamated corporation’s property is further limited by this section to an amount sufficient for the following:
(a) payment of debts and liabilities contracted by the amalgamating corporation before the registration of the amalgamated corporation;
(b) payment of the costs, charges and expenses of winding up the amalgamated corporation, so far as those costs, charges and expenses relate to those debts and liabilities;
(c) the adjustment of the rights between the contributories, so far as the adjustment relates to those debts and liabilities.
(1) The regulations may modify the operation of this Part in relation to an Aboriginal and Torres Strait Islander corporation registered under Part 2‑3 as a result of an application made under section 23‑1.
(2) Regulations made for the purposes of subsection (1) must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
(1) The Corporations Act arrangements and reconstructions provisions apply to an Aboriginal and Torres Strait Islander corporation as if the following substitutions were made:
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Note: If a number of Aboriginal and Torres Strait Islander corporations wish to amalgamate, it may be possible, in some circumstances, for them to proceed with the amalgamation by means of an application to the Registrar under Division 23 (as an alternative to applying to a court for an order under the applied Corporations Act arrangements and reconstructions provisions).
(2) The Corporations Act arrangements and reconstructions provisions apply to an Aboriginal and Torres Strait Islander corporation:
(a) only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and
(b) with the modifications specified in the regulations.
(3) Regulations made for the purposes of paragraph (2)(b) must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
(4) In this Act:
Corporations Act arrangements and reconstructions provisions means:
(a) Part 5.1 of the Corporations Act (other than paragraph 411(17)(a), subsection 412(3) and (5) and section 414); and
(b) section 425, subsections 427(2) and (4), sections 428, 432 and 434 of, and Subdivision B of Division 90 of Schedule 2 to, that Act to the extent to which they are applied by subsection 411(9) of that Act; and
(c) the other provisions of that Act (including Parts 1.2, 5.8, 5.9 and 9.4 and Schedule 3 but not including Parts 1.1, 1.1A and 9.4A) to the extent to which they relate to the operation of Part 5.1 of that Act and the provisions referred to in paragraph (b) of this definition; and
(d) the regulations and rules made under that Act for the purposes of Part 5.1 of that Act and the provisions referred to in paragraphs (b) and (c) of this definition.
This Chapter deals with the internal governance rules, the minimum number of members requirement, names and the powers of an Aboriginal and Torres Strait Islander corporation. It also deals with other basic matters affecting an Aboriginal and Torres Strait Islander corporation.
The rules dealing with the internal governance of an Aboriginal and Torres Strait Islander corporation are of 4 kinds:
(a) common law rules; and
(b) rules in this Act that cannot be replaced by the corporation’s constitution; and
(c) replaceable rules in this Act that may be modified or replaced by the corporation’s constitution; and
(d) rules that are in the corporation’s constitution.
Some of the rules in paragraph (d):
(a) may be required by this Act to be in the constitution; or
(b) may be there to modify or replace a replaceable rule; or
(c) may be there as a special rule applying to that particular corporation.
This Part deals with the rules in paragraphs (c) and (d) and refers to them as internal governance rules of the corporation (see section 63‑1).
The corporation may choose to adopt all or some of the replaceable rules as rules of its internal governance.
The corporation’s internal governance rules must comply with the internal governance rules requirements (see Division 66).
There are a number of ways the corporation’s constitution may be changed. Any changes must comply with the internal governance rules requirements (see Division 69).
Division 72 deals with other matters concerning constitutions.
The following table sets out the main provisions of this Act that deal with the internal governance of Aboriginal and Torres Strait Islander corporations. The table indicates those rules that operate as replaceable rules and Division 60 tells you how replaceable rules operate.
| 1A | Resolution of internal disputes | subsection 66‑1(3A) |
1B | Resolution of disputes with persons who are or who claim to be common law holders | subsection 66‑1(3B) |
1C | Eligibility requirements for membership of registered native title body corporate | section 141‑25 |
1 | How does a person become a member? | section 144‑1 |
2 | Application to corporation | section 144‑5 |
3 | Determination of applications for membership | section 144‑10 |
4 | Fees for membership and being an observer | section 144‑15 |
5 | Obligation to contribute on winding up | section 147‑1 |
6 | Corporation may impose other membership obligations | section 147‑5 |
7 | Liability of corporation members | section 147‑10 |
8 | Cessation of membership | section 150‑1 |
10 | Resignation | section 150‑10 |
11 | General | section 150‑15 |
12 | Member of corporation that is not a registered native title body corporate not eligible for membership etc. | section 150‑20 |
12A | Member of registered native title body corporate not eligible for membership etc. | section 150‑22 |
13 | Member not contactable | section 150‑25 |
14 | Member is not an Aboriginal and Torres Strait Islander person | section 150‑30 |
15 | Member misbehaves | section 150‑35 |
16 | Different classes of members | section 153‑1 |
17 | Observers | section 158‑5 |
18 | What protections apply to variations or cancellations of class rights? | Division 172 |
19 | Corporation or directors may allow member to inspect books | section 175‑15 |
20 | Director may call meetings | section 201‑1 |
21 | Request by members for directors to call general meetings | section 201‑5 |
22 | When must directors comply with members’ request? | section 201‑10 |
23 | When must a requested meeting be held? | section 201‑15 |
24 | Amount of notice for general meeting | section 201‑20 |
25 | Notice of general meeting to members, officers and observers | section 201‑25 |
26 | Auditor entitled to notice and other communications | section 201‑30 |
27 | Contents of notice of general meeting | section 201‑35 |
28 | Members’ resolutions | section 201‑40 |
29 | Notice of members’ resolutions | section 201‑45 |
30 | Members’ statements to be distributed | section 201‑50 |
31 | Purpose | section 201‑55 |
32 | Time and place for general meeting | section 201‑60 |
33 | Technology | section 201‑65 |
34 | Quorum | section 201‑70 |
35 | Chairing general meeting | section 201‑75 |
36 | Auditor’s right to be heard at general meetings | section 201‑80 |
37 | Adjourned meetings | section 201‑85 |
38 | Who may appoint a proxy | section 201‑90 |
39 | Rights of proxies | section 201‑95 |
40 | Appointing a proxy | section 201‑100 |
41 | Proxy documents | section 201‑105 |
42 | Body corporate representative | section 201‑110 |
43 | How many votes a member has | section 201‑115 |
44 | Objections to right to vote | section 201‑120 |
45 | How voting is carried out | section 201‑125 |
46 | Matters on which a poll may be demanded | section 201‑130 |
47 | When a poll is effectively demanded | section 201‑135 |
48 | When and how polls must be taken | section 201‑140 |
49 | Corporation must hold first general meeting within 3 months of registration | section 201‑145 |
50 | Corporation must hold AGM | section 201‑150 |
51 | Extension of time for holding AGM | section 201‑155 |
52 | Business of AGM | section 201‑160 |
53 | Questions and comments by members on corporation management at AGM | section 201‑165 |
54 | Questions by members of auditors at AGM | section 201‑170 |
55 | Circulating resolutions | section 204‑1 |
56 | Resolutions of 1 member corporations | section 204‑5 |
57 | Constitution to provide for meetings | section 212‑1 |
58 | Calling directors’ meetings | section 212‑5 |
59 | Use of technology | section 212‑10 |
60 | Chairing directors’ meetings | section 212‑15 |
61 | Quorum at directors’ meetings | section 212‑20 |
62 | Passing of directors’ resolutions | section 212‑25 |
63 | Circulating resolutions of corporation with more than 1 director | section 215‑1 |
64 | Resolutions and declarations of 1 director corporation | section 215‑5 |
65 | Minutes | section 220‑5 |
66 | Members’ access to minutes | section 220‑10 |
67 | Minimum number of directors | section 243‑1 |
68 | Maximum number of directors | section 243‑5 |
69 | Eligibility for appointment as a director | section 246‑1 |
70 | Majority of director requirements | section 246‑5 |
71 | Consent to act as director | section 246‑10 |
72 | Corporation may appoint a director | section 246‑15 |
73 | Directors may appoint other directors to make up a quorum | section 246‑20 |
74 | Term of appointment | section 246‑25 |
75 | Alternate directors | section 246‑30 |
76 | How does a person cease to be a director? | section 249‑1 |
77 | Director may resign | section 249‑5 |
78 | Removal by members | section 249‑10 |
79 | Removal by other directors |
extend , in relation to a period:
(a) includes further extend; and
(b) has a meaning affected by section 694‑50.
Federal Court means the Federal Court of Australia.
financial benefit has a meaning that is affected by section 293‑5.
financial records includes:
(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and
(b) documents of prime entry; and
(c) working papers and other documents needed to explain:
(i) the methods by which a financial report is made up; and
(ii) adjustments to be made in preparing a financial report.
financial report means a financial report prepared under Chapter 7.
financial year has the meaning given by subsections 333‑5(4), (4A) and (5).
general law means the principles and rules of the common law and equity.
general meeting means a general meeting of the members of an Aboriginal and Torres Strait Islander corporation.
general report means a report that section 330‑1 requires an Aboriginal and Torres Strait Islander corporation to prepare.
giving a financial benefit has the meaning given by section 293‑5.
giving information has a meaning affected by section 694‑1.
have , in relation to information, includes be in possession of the information.
holding body corporate , in relation to a body corporate, means a body corporate of which the first body corporate is a subsidiary.
ICN : seeIndigenous Corporation Number .
Indigeneity requirement has the meaning given by section 29‑5.
Indigenous Corporation Number orICN means the number given by the Registrar to an Aboriginal and Torres Strait Islander corporation on registration under subsection 26‑1(2).
individual auditor means an individual who consents to be appointed, or is appointed, as auditor of an Aboriginal and Torres Strait Islander corporation.
information includes complaint.
insolvent has the meaning given by subsection 694‑80(2).
internal governance framework rules has the meaning given by subsection 72‑5(7).
internal governance rules has the meaning given by section 63‑1.
internal governance rules requirements means the requirements set out in Division 66.
involved in , in relation to a contravention, has the meaning given by section 694‑55.
Judge means a judge of the Court.
judgment means a judgment, decree or order, whether final or interlocutory.
lead auditor has the meaning given by subsection 339‑20(1).
lodge means lodge with the Registrar.
lower court means a court of a State or Territory that is not a superior court.
member of an Aboriginal and Torres Strait Islander corporation has the meaning given by section 138‑1.
minimum number of members requirement has the meaning given by section 29‑1.
modifications includes additions, omissions and substitutions.
money includes a payment order.
name requirement means a requirement under section 85‑1.
national newspaper means a daily newspaper that circulates generally in each State and each internal Territory.
native title has the same meaning as in the Native Title Act.
Native Title Act means theNative Title Act 1993.
Native Title legislation means:
(a) the Native Title Act and any regulations made under that Act; and
(b) a prescribed law, or a prescribed provision of a law, of the Commonwealth or of a State or Territory.
Native Title legislation obligations means the following obligations imposed by the Native Title legislation on a registered native title body corporate:
(a) an obligation to consult with the common law holders of native title;
(b) an obligation to act in accordance with the directions of the common law holders of native title;
(c) an obligation to act only with the consent of the common law holders of native title;
(d) an obligation to take any other action in relation to the common law holders of native title.
negotiable instrument , in relation to an Aboriginal and Torres Strait Islander corporation, means:
(a) a bill of exchange, promissory note, cheque or other negotiable instrument; or
(b) an indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable instrument; or
(c) a letter of credit;
of, or purporting to be issued or signed by or on behalf of, the corporation.
observer means a person appointed under section 158‑5.
offence against this Act includes an offence against Chapter 7 of theCriminal Code that relates to this Act.
officer of an Aboriginal and Torres Strait Islander corporation has the meaning given by section 683‑1.
officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.
on behalf of includes on the instructions of.
parent : without limiting who is a parent of a person for the purposes of this Act, someone is theparent of a person if the person is his or her child because of the definition ofchild in this section.
party , in relation to a transaction that has been completed, given effect to, or terminated, includes a person who was a party to the transaction.
personal information has the same meaning as in thePrivacy Act 1988 .
person involved in the conduct of an audit has the meaning given by subsection 339‑90(6).
possession has a meaning affected by section 694‑60.
power includes an authority.
pre‑incorporation requirement has the meaning given by section 29‑15.
premises includes:
(a) a structure, building, aircraft, vehicle or vessel; and
(b) any land or place (whether enclosed or built on or not); and
(c) a part of a structure, building, aircraft, vehicle or vessel or of such a place.
proceeding includes:
(a) a proceeding in a court; or
(b) a proceeding or hearing before, or an examination by or before, a tribunal;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.
procure includes cause.
produce includes (except in Chapter 10) permits access to.
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action.
proposed reporting obligations has the meaning given by subsection 358‑10(2).
protected information has the meaning given by section 604‑5.
prove includes establish in any way (for example, but without limitation, through the operation of a presumption for which this Act or a law of a State or Territory provides).
provision of a law includes:
(a) a subsection, section, Subdivision, Division, Part or Chapter of the law; and
(b) a Schedule, or an item in a Schedule, to the law.
public authority means an authority or body (whether a body corporate or not) established or incorporated for a public purpose by a law of the Commonwealth or of a State or Territory and includes a body corporate incorporated under a law of the Commonwealth or of a State or Territory being a body corporate in which the Commonwealth or a State or Territory has a controlling interest.
public document has the meaning given by section 694‑65.
public money includes the meaning given by subsection 487‑10(3).
receiver and manager has a meaning affected by section 694‑70.
register means register under this Act.
registered company auditor means a person registered as an auditor under Part 9.2 of the Corporations Act.
registered native title body corporate has the same meaning as in the Native Title Act.
registered office of an Aboriginal and Torres Strait Islander corporation means the office that is the corporation’s registered office under section 42‑15 or Division 112.
Register of Aboriginal and Torres Strait Islander Corporations means the register kept under paragraph 418‑1(a).
Register of Disqualified Officers means the register kept under paragraph 418‑1(b).
register of former members means a register provided for in section 180‑10.
register of members means a register provided for in section 180‑1.
Registrar means the Registrar of Aboriginal and Torres Strait Islander Corporations appointed under section 653‑1.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
related body corporate , in relation to a body corporate, means a body corporate that is related to the first‑mentioned body by virtue of section 689‑20.
related party has the meaning given by section 293‑1.
remuneration of an officer or employee of an Aboriginal and Torres Strait Islander corporation. A benefit given to an officer or employee of an Aboriginal and Torres Strait Islander corporation isremuneration if and only if the benefit, were it received by a director of the corporation, would be remuneration of the director for the purposes of an accounting standard that deals with disclosure in companies’ financial reports of information about directors’ remuneration. For the purposes of this definition, the following are not officers of a corporation:
(a) a receiver, or receiver and manager, of the property of the corporation;
(b) an administrator of the corporation;
(c) an administrator of a deed of company arrangement executed by the corporation;
(ca) a restructuring practitioner for the corporation;
(cb) a restructuring practitioner for a restructuring plan made by the corporation;
(d) a liquidator of the corporation;
(e) a trustee or other person administering a compromise or arrangement made between the corporation and someone else;
(f) a special administrator.
reproduction , in relation to a document, means a machine‑copy of the document or a print made from a negative of the document.
required to be conducted in accordance with the auditing standards has the meaning given by section 339‑15.
required to comply with the accounting standards has the meaning given by section 339‑10.
restructuring plan :
(a) in relation to an Aboriginal and Torres Strait Islander corporation—means a plan executed by the corporation under Part 5.3B of the Corporations Act (as applied by section 522‑1 of this Act), or such a plan as varied and in force from time to time; or
(b) in relation to a body corporate other than an Aboriginal and Torres Strait Islander corporation—means a plan executed by the body corporate under Part 5.3B of the Corporations Act, or such a plan as varied and in force from time to time.
restructuring practitioner :
(a) in relation to an Aboriginal and Torres Strait Islander corporation but not in relation to a restructuring plan:
(i) means a small business restructuring practitioner for the corporation appointed under Part 5.3B of the Corporations Act (as applied by section 522‑1 of this Act); and
(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the corporation—has a meaning affected by paragraph 456M(2)(b) of that Act as so applied; or
(b) in relation to a restructuring plan made by an Aboriginal and Torres Strait Islander corporation:
(i) means a small business restructuring practitioner for the plan appointed under Part 5.3B of the Corporations Act (as applied by section 522‑1 of this Act); and
(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the plan—has a meaning affected by paragraph 456N(2)(b) of that Act as so applied; or
(c) in relation to a body corporate (other than an Aboriginal and Torres Strait Islander corporation) but not in relation to a restructuring plan:
(i) means a small business restructuring practitioner for the body or entity appointed under Part 5.3B of the Corporations Act; and
(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the body or entity—has a meaning affected by paragraph 456M(2)(b) of the Corporations Act; or
(d) in relation to a restructuring plan made by a body corporate (other than an Aboriginal and Torres Strait Islander corporation):
(i) means a small business restructuring practitioner for the plan appointed under Part 5.3B of the Corporations Act; and
(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the plan—has a meaning affected by paragraph 456N(2)(b) of the Corporations Act.
result includes:
(a) when used as a verb—result indirectly; and
(b) when used as a noun—an indirect result.
reviewable decision has the meaning given by section 617‑1.
review auditor has the meaning given by subsection 339‑20(2).
rules means:
(a) rules of the Federal Court; or
(b) rules of the Supreme Court of a State or internal Territory;
as the case requires.
Schedule 2 to the Corporations Act means Schedule 2 to theCorporations Act 2001 and rules made under that Schedule.
section 333‑5 report means a report that an Aboriginal and Torres Strait Islander corporation is required to prepare by regulations made for the purposes of section 333‑5.
securities has the meaning given by section 694‑75.
senior manager of an Aboriginal and Torres Strait Islander corporation means a person (other than a director or secretary of the corporation) who:
(a) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
(b) has the capacity to affect significantly the corporation’s financial standing.
solvent has the meaning given by subsection 694‑80(1).
special administrator means a person appointed under subsection 490‑1(1).
special resolution means, in relation to an Aboriginal and Torres Strait Islander corporation, a resolution:
(a) of which notice as set out in paragraph 201‑35(1)(c) has been given; and
(b) that has been passed by at least 75% of the votes cast by members entitled to vote on the resolution.
spouse of a person includes a de facto partner of the person within the meaning of theActs Interpretation Act 1901 .
State Family Court , in relation to a State, means a court of that State to which section 41 of theFamily Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act.
State or Territory court means a court of a State, the Australian Capital Territory or the Northern Territory.
State or Territory Supreme Court means the Supreme Court of:
(a) a State; or
(b) the Australian Capital Territory; or
(c) the Northern Territory.
subsection 586‑5(3) proceeding means a proceeding with respect to a matter referred to in subsection 586‑5(3).
subsidiary , in relation to a body corporate, means a body corporate that is a subsidiary of the first‑mentioned body by virtue of Division 689.
superior court means the Federal Court of Australia, the Supreme Court of a State or Territory, the Federal Circuit and Family Court of Australia (Division 1) or a State Family Court.
superior court matter means a civil matter that this Act clearly intends (for example, by use of the expressionthe Court ) to be dealt with only by a superior court.
this Act includes:
(a) the regulations; and
(b) any provision of the Corporations Act as applied by a provision of this Act.
Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.
unclaimed property has the meaning given by section 551‑1.
under special administration has the meaning given by section 487‑25.
unincorporated body includes:
(a) an unincorporated association; and
(b) an unincorporated society.
wholly‑owned subsidiary , in relation to a body corporate (theholding body corporate ), means a body corporate none of whose members is a person other than:
(a) the holding body corporate; or
(b) a nominee of the holding body corporate; or
(c) a subsidiary of the holding body corporate, being a subsidiary none of whose members is a person other than:
(i) the holding body corporate; or
(ii) a nominee of the holding body corporate; or
(d) a nominee of such a subsidiary.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Corporations (Aboriginal and Torres Strait Islander) Act 2006 | 124, 2006 | 4 Nov 2006 | 1 July 2007 | |
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Schedule 6 (items 5–10): 10 Dec 2008 | — |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Schedule 5 (items 21, 22): 30 Jan 2012 ( | — |
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 | 4, 2010 | 19 Feb 2010 | Schedule 10 (item 5): 20 Feb 2010 | — |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Schedule 5 (item 137(a)): 1 Mar 2010 ( | — |
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 | 38, 2010 | 13 Apr 2010 | Schedule 7 (items 9–26): 14 April 2010 | Sch. 7 (item 26) |
Corporations and Other Legislation Amendment (Trustee Companies and Other Measures) Act 2011 | 24, 2011 | 12 Apr 2011 | Sch 1 (items 1, 2): 13 Apr 2011 (s 2(1) item 2) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 447–452) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) |
Business Names Registration (Transitional and Consequential Provisions) Act 2011 | 127, 2011 | 3 Nov 2011 | Sch 2 (items 10–13): 20 Apr 2012 (s 2(1) item 4) | — |
Personal Liability for Corporate Fault Reform Act 2012 | 180, 2012 | 10 Dec 2012 |
Sch 6 (items 7–16) and Sch 7: 11 Dec 2012 (s 2) | Sch 7 | |||
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 1 (item 13): 24 June 2014 (s 2(1) item 2) | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 8 (items 81–83) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2015 (s 2(1) item 2) | — |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 102): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Insolvency Law Reform Act 2016 | 11, 2016 | 29 Feb 2016 | Sch 2 (items 45–62): 1 Mar 2017 (s 2(1) item 3) | — |
Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 | 44, 2019 | 5 Apr 2019 | Sch 1 (item 32): 6 Apr 2019 (s 2(1) item 1) | — |
Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 | 6, 2020 | 17 Feb 2020 | Sch 1 (items 81–92): 18 Feb 2020 (s 2(1) item 2) | — |
Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 | 69, 2020 | 22 June 2020 | Sch 2 (items 1–9): 4 Apr 2021 (s 2(1) item 6) | Sch 2 (item 9) |
Treasury Laws Amendment (2020 Measures No. 6) Act 2020 | 141, 2020 | 17 Dec 2020 | Sch 4 (items 112, 113): 4 Apr 2021 (s 2(1) item 8) | — |
Native Title Legislation Amendment Act 2021 | 6, 2021 | 16 Feb 2021 | Sch 8: 25 Mar 2021 (s 2(1) item 10) | Sch 8 (items 19, 24, 30) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 1 (items 241, 273, 274): 1 Mar 2023 (s 2(1) item 4) Sch 2 (items 238–253): 1 Sept 2021 (s 2(1) item 5) | Sch 1 (items 273, 274) |
Treasury Laws Amendment (2021 Measures No. 5) Act 2021 | 127, 2021 | 7 Dec 2021 | Sch 2 (items 5–23): 8 Dec 2021 (s 2(1) item 3) | Sch 2 (item 23) |
Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 | 69, 2023 | 14 Sept 2023 | Sch 4 (items 18, 19): 15 Sept 2023 (s 2(1) item 5) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 24–26): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 26) |
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 | 76, 2023 | 20 Sept 2023 | Sch 2 (items 634, 635): 20 Oct 2023 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 13 (items 7–15) | — |
s 1‑10......................................... | am No 38, 2010; No 59, 2015 |
s 21‑1......................................... | am No 69, 2020 |
s 22‑1......................................... | am No 69, 2020 |
s 22‑5......................................... | am No 11, 2016 |
s 23‑1......................................... | am No 69, 2020 |
s 23‑5......................................... | am No 11, 2016 |
s 26‑15....................................... | am No 76, 2023 |
s. 42‑10...................................... | am. No. 38, 2010 |
s 45‑1......................................... | am No 11, 2016 |
s 57‑5......................................... | am No 38, 2010; No 6, 2021 |
s 63‑1......................................... | am No 6, 2021 |
s 66‑1......................................... | am No 6, 2021 |
s 69‑20....................................... | am No 180, 2012 |
s. 85‑5........................................ | am. No. 127, 2011 |
s 88‑1......................................... | am No 180, 2012 |
s 112‑5....................................... | am No 180, 2012 |
s 120‑1....................................... | am No 127, 2021 |
s 135‑1....................................... | am No 6, 2021 |
s. 138‑1...................................... | am. No. 38, 2010 |
s 141‑1....................................... | am No 6, 2021 |
s 141‑25..................................... | am No 6, 2021 |
s 144‑10..................................... | am No 6, 2021 |
s 150‑15..................................... | am No 6, 2021 |
s 150‑20..................................... | am No 38, 2010; No 6, 2021 |
s 150‑22..................................... | ad No 6, 2021 |
s. 150‑35.................................... | am. No. 38, 2010 |
s 180‑35..................................... | am No 180, 2012 |
s 187‑5....................................... | am No 6, 2021 |
s 187‑15..................................... | am No 6, 2021 |
s. 201‑25.................................... | am. No. 38, 2010 |
s. 220‑10.................................... | am. No. 38, 2010 |
s. 262‑1...................................... | am. No. 38, 2010 |
s. 265‑40.................................... | rs. No. 180, 2012 |
s 279‑1....................................... | am No 38, 2010 |
s 279‑35 | am No 44, 2019 |
s. 293‑1...................................... | am. No. 144, 2008 |
s 304‑5....................................... | am No 180, 2012; No 69, 2020 |
Part 6‑7A................................... | ad No 69, 2020 |
s 308‑1....................................... | ad No 69, 2020 |
s 308‑5....................................... | ad No 69, 2020 |
am No 141, 2020; No 69, 2023 | |
s 308‑10..................................... | ad No 69, 2020 |
s 308‑15..................................... | ad No 69, 2020 |
s 308‑20..................................... | ad No 69, 2020 |
s 308‑25..................................... | ad No 69, 2020 |
s 308‑30..................................... | ad No 69, 2020 |
s 308‑35..................................... | ad No 69, 2020 |
s 308‑40..................................... | ad No 69, 2020 |
s 308‑45..................................... | ad No 69, 2020 |
s 330‑10..................................... | am No 180, 2012 |
s. 333‑5...................................... | am. No. 38, 2010 |
s 348‑1....................................... | am No 180, 2012 |
s 386‑1....................................... | am No 180, 2012; No 6, 2020 |
ed C17 | |
am No 69, 2020 | |
s 386‑10..................................... | am. No. 180, 2012 |
s 386‑60..................................... | am No 127, 2021 |
s 407‑15..................................... | am. No. 8, 2010 |
s 404‑15..................................... | am No 39, 2024 |
s 421‑1....................................... | am No 11, 2016; No 127, 2021 |
s 447‑5....................................... | am No 74, 2023 |
s 453‑10..................................... | am. No. 131, 2009 |
s 456‑10..................................... | am. No. 38, 2010 |
s 482‑1....................................... | am No 6, 2020; No 127, 2021 |
s 487‑1....................................... | am No 127, 2021 |
s 487‑5....................................... | am No 6, 2021 |
s 496‑10..................................... | am No 127, 2021 |
s 496‑15..................................... | am No 127, 2021 |
s 496‑20..................................... | am No 4, 2010 |
s. 511‑1...................................... | am. No. 131, 2009 |
s 521‑1....................................... | am No 11, 2016 |
Part 11‑4A.................................. | ad No 127, 2021 |
s 522‑1....................................... | ad No 127, 2021 |
s 522‑2....................................... | ad No 127, 2021 |
s 522‑3....................................... | ad No 127, 2021 |
s 522‑4....................................... | ad No 127, 2021 |
s 526‑35..................................... | am No 11, 2016 |
Part 11‑6 heading........................ | am No 6, 2020 |
Division 531 heading................... | am No 6, 2020 |
s 531‑1....................................... | am No 6, 2020 |
s 531‑5....................................... | am No 6, 2020 |
s. 546‑5...................................... | am. No. 38, 2010 |
s 546‑10..................................... | am No 11, 2016 |
s 546‑20..................................... | am No 11, 2016 |
s 551‑20..................................... | am No 62, 2014 |
s 576‑10..................................... | am No 127, 2021 |
s 581‑30..................................... | ad No 6, 2021 |
s 586‑10..................................... | am No 13, 2021 |
s 586‑15..................................... | am No 13, 2021 |
s 586‑25..................................... | am No 13, 2021 |
s 586‑40..................................... | am No 13, 2021 |
s 586‑65..................................... | am No 13, 2021 |
s 586‑90..................................... | am No 13, 2021 |
s 589‑5....................................... | am No 38, 2010 |
s 604‑20..................................... | am No 38, 2010 |
s 604‑25..................................... | am No 62, 2014 |
s 614‑1....................................... | am No 39, 2024 |
s 617‑1....................................... | am No 39, 2024 |
Division 623 heading................... | rs No 39, 2024 |
s 623‑1....................................... | am No 39, 2024 |
s 663‑25..................................... | am No 46, 2011 |
s 683‑1....................................... | am No 127, 2021 |
s 694‑35..................................... | am No 6, 2021; No 13, 2021 |
s. 694‑110.................................. | am. No. 46, 2011 |
s. 694‑115.................................. | ad. No. 144, 2008 |
s 694‑120................................... | ad No 69, 2020 |
s 700‑1....................................... | am No 144, 2008; No 24, 2011; No 46, 2011; No 127, 2011; No 31, 2014; No 11, 2016; No 6, 2020; No 69, 2020; No 13, 2021; No 127, 2021; No 76, 2023; No 39, 2024 |
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