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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 6-7 Public information about directors, secretaries and contact persons

Division 301 Introduction

301-1   What this Part is about

This Part deals with the information that an Aboriginal and Torres Strait Islander corporation is required to lodge with the Registrar concerning its officers and contact person (if any).

This information is entered on the Register of Aboriginal and Torres Strait Islander Corporations and is publicly available.



 

Division 304 Information to be provided

304-1   Director, alternate director, secretary or contact person may notify the Registrar of resignation or retirement

             (1)  If a director, alternate director, secretary or contact person of an Aboriginal and Torres Strait Islander corporation retires or resigns, he or she may give the Registrar written notice of the retirement or resignation.

             (2)  To be effective, a notice of resignation must be accompanied by a copy of the letter of resignation given to the corporation.

             (3)  Nothing in this section affects the corporation’s obligations to notify the Registrar of the resignation or retirement.

304-5   Notice of name and address of directors and secretaries to the Registrar

New directors or secretaries

             (1)  An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of the personal details of a director, secretary or contact person within 28 days after he or she is appointed.

Note 1:       If a person becomes a director, secretary or contact person under section 42-10 there is no appointment and no notice is required under this subsection.

Note 2:       If a person who was appointed as an alternate director becomes a director under the terms of his or her appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

Penalty:  10 penalty units.

             (2)  Subsection (1) does not apply if a contact person is appointed by the Registrar under section 257-25.

New alternate directors

             (3)  An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of:

                     (a)  the personal details of a person who is appointed as an alternate director; and

                     (b)  the terms of his or her appointment (including terms about when the alternate director is to act as a director);

within 28 days after his or her appointment as an alternate director.

Penalty:  10 penalty units.

Personal details

             (4)  The personal details of a director, alternate director, secretary or contact person are:

                     (a)  his or her given and family names; and

                     (b)  all of his or her former given and family names; and

                     (c)  all other names by which he or she is or was known; and

                     (d)  his or her date and place of birth; and

                     (e)  his or her address.

Note:          For address see section 304-15.

Changes in details

             (5)  The corporation must lodge with the Registrar notice of any change in the personal details of a director, alternate director, secretary or contact person within 28 days after the change.

Penalty:  10 penalty units.

Notice required if person stops being a director etc.

             (6)  If a person stops being a director, alternate director, secretary or contact person of the corporation, the corporation must lodge with the Registrar notice of the fact within 28 days.

Penalty:  10 penalty units.

             (7)  Subsection (6) does not apply if the person was an alternate director who stopped being a director in accordance with the terms of his or her appointment as an alternate director.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

             (8)  An offence against subsection (1), (3), (5) or (6) is an offence of strict liability.

Note 1:       For strict liability , see section 6.1 of the Criminal Code .

Note 2:       See also section 265-40 for offences committed by the secretary of an Aboriginal and Torres Strait Islander corporation.

304-10   Director, alternate director, secretary and contact person must give information to corporation

             (1)  A director, alternate director, secretary or contact person must give the corporation any information the corporation needs to comply with subsection 304-5(1) or (3) within 14 days after his or her initial appointment unless he or she has previously given the information to the corporation.

Penalty:  10 penalty units.

             (2)  A director, alternate director, secretary or contact person must give the corporation any information the corporation needs to comply with subsection 304-5(5) within 14 days after any change in his or her personal details.

Penalty:  10 penalty units.

             (3)  An offence against subsection (1) or (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

304-15   Address for officers

Address is normally residential address

             (1)  A person’s address for the purposes of an application under section 21-1 or notice under subsection 304-5(1), (3) or (5) must be his or her usual residential address unless he or she is entitled to have an alternative address substituted for his or her usual residential address under subsection (2).

Entitlement to have alternative address

             (2)  The person is entitled to have an alternative address substituted for his or her usual residential address if:

                     (a)  his or her name, but not his or her residential address, is on an electoral roll under the Commonwealth Electoral Act 1918 because of section 104 of that Act; or

                     (b)  his or her name is not on an electoral roll under that Act and the Registrar determines, in writing, that including his or her residential address in the notice or application would put at risk his or her personal safety or the personal safety of members of his or her family.

This alternative address must be in Australia and be one at which documents can be served on the person. At any particular time, a person is entitled to have only 1 alternative address under this section.

             (3)  A determination under paragraph (2)(b) is not a legislative instrument.

             (4)  A person who takes advantage of subsection (2) must:

                     (a)  before or at the same time as the alternative address is first included in an application or notice, lodge with the Registrar notice of the person’s usual residential address; and

                     (b)  lodge with the Registrar notice of any change in the person’s usual residential address within 14 days after the change.

Penalty:  5 penalty units.

             (5)  If a court gives a judgment for payment of a sum of money against a person who is taking advantage of subsection (2), the Registrar may give details of the person’s usual residential address to an officer of the court for the purposes of enforcing the judgment debt.

             (6)  An offence against subsection (4) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .



 

Division 307 Registrar may ask for information

307-1   Registrar’s power to ask for information about person’s position as director, secretary or contact person

             (1)  The Registrar may ask a person, in writing, to inform the Registrar:

                     (a)  whether the person is a director, secretary or contact person of a particular Aboriginal and Torres Strait Islander corporation; and

                     (b)  if the person is no longer a director, secretary or contact person of the corporation—the date on which the person stopped being a director, secretary or contact person.

             (2)  The person must give the information to the Registrar in writing by the date specified in the request.

Penalty:  10 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  A request under subsection (1) is not a legislative instrument.