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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 4-3 Observers

Division 158 Observers

158-1   What this Part is about

This Part enables an Aboriginal and Torres Strait Islander corporation to have observers of the corporation if observers are provided for in the corporation’s constitution.

If the corporation chooses to have observers, the corporation’s constitution must also provide for the appointment of observers, their rights and obligations (if any) and how the observers cease to be observers.

158-5   Observers

Corporation may have observers

             (1)  An Aboriginal and Torres Strait Islander corporation’s constitution may provide for the corporation to have observers.

Entitlement of observer to attend general meeting (replaceable rule—see section 60-1)

             (2)  An observer is entitled to attend a general meeting of the corporation but is not a member of the corporation.

Note:          Only members of an Aboriginal and Torres Strait Islander corporation may vote at a meeting of the corporation (see section 201-115).

Other matters for which constitution must provide if corporation has observers

             (3)  If the constitution provides for the corporation to have observers, the constitution must also provide for the following matters:

                     (a)  the application process for becoming an observer of the corporation;

                     (b)  the eligibility criteria for becoming an observer of the corporation;

                     (c)  the obligations (if any) imposed on an observer of the corporation;

                     (d)  the rights (if any) that an observer has in relation to the corporation;

                     (e)  how an observer ceases to be an observer of the corporation.