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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 15-4 Review of decisions

Division 614 Introduction

614-1   What this Part is about

This Part deals with review of decisions.

Division 617 sets out which decisions under this Act are reviewable.

Division 620 deals with internal review of a reviewable decision. After this has occurred, a reviewable decision may be reviewed by the AAT.

Division 623 deals with review by the AAT.



 

Division 617 Reviewable decisions

617-1   Reviewable decisions

                   Each of the following decisions by the Registrar is a reviewable decision :

 

Reviewable decisions

Item

Decision

Provision under which decision is made

1

To treat an application for registration as being withdrawn

subsection 21-10(3)

2

To refuse to grant an application for registration as an Aboriginal and Torres Strait Islander corporation

subsection 26-1(1)

3

To alter the registration of an Aboriginal and Torres Strait Islander corporation that is registered as a small corporation

subsection 37-5(1)

4

To alter the registration of an Aboriginal and Torres Strait Islander corporation that is registered as a medium corporation

subsection 37-5(2)

5

To alter the registration of an Aboriginal and Torres Strait Islander corporation that is registered as a large corporation

subsection 37-5(3)

6

To refuse to register a constitutional change lodged under section 69-20 by the corporation

subsection 69-30(1)

7

To register or to refuse to register a constitutional change lodged under section 69-25 by a special administrator

subsection 69-30(1)

8

To change an Aboriginal and Torres Strait Islander corporation’s constitution (internal governance rules requirements not being met)

subsection 69-35(2)

9

To change an Aboriginal and Torres Strait Islander corporation’s constitution (oppressive conduct)

subsection 69-35(3)

10

To refuse to grant an exemption from the requirement to have at least 5 members

section 77-10

11

To allow an Aboriginal and Torres Strait Islander corporation to have a different minimum number of members to the number requested

section 77-15

12

To refuse a name being available to an Aboriginal and Torres Strait Islander corporation

subsection 85-5(2)

13

To consent to a name being available to an Aboriginal and Torres Strait Islander corporation

subsection 85-5(2)

14

To impose conditions on an agreement to a name being available to an Aboriginal and Torres Strait Islander corporation

subsection 85-5(3)

15

To direct an Aboriginal and Torres Strait Islander corporation to change its name

subsection 88-5(1)

16

To direct an Aboriginal and Torres Strait Islander corporation to change its document access address

subsection 115-15(1)

17

To grant an application by directors seeking to deny a request by members to call a general meeting

subsection 201-10(4)

18

To refuse an application by directors seeking to deny a request by members to call a general meeting

subsection 201-10(4)

19

To extend the period in which an AGM may be held

subsection 201-155(2)

20

To refuse to extend the period in which an AGM may be held

subsection 201-155(2)

21

To refuse to make a determination exempting an Aboriginal and Torres Strait Islander corporation etc. from provisions of Chapter 5

subsection 225-5(1)

22

To revoke, vary or suspend a determination exempting an Aboriginal and Torres Strait Islander corporation etc. from provisions of Chapter 5

subsection 225-5(4)

23

To disqualify a person from managing an Aboriginal and Torres Strait Islander corporation

subsection 279-30(1)

24

To refuse to give a person permission to manage an Aboriginal and Torres Strait Islander corporation

subsection 279-30(7)

25

To impose conditions or exceptions on the grant of permission to allow a person to manage an Aboriginal and Torres Strait Islander corporation

subsection 279-30(7)

26

To make a declaration in relation to voting on a proposed resolution by or on behalf of a related party

subsection 290-35(4)

27

To refuse to make a determination concerning a person’s residential address

paragraph 304-15(2)(b)

28

To determine that an Aboriginal and Torres Strait Islander corporation prepare a report

paragraph 336-1(1)(a)

29

To determine that an Aboriginal and Torres Strait Islander corporation provide particular information etc.

paragraph 336-1(1)(b)

30

To determine that extra requirements be met in respect of a financial report

subsection 336-1(7)

31

To refuse to exempt an Aboriginal and Torres Strait Islander corporation from record-keeping and/or reporting requirements

subsection 353-1(1)

32

To certify and grant leave to relodge lost or destroyed registered documents

subsection 404-15(4)

33

To refuse to certify and grant leave to relodge lost or destroyed registered documents

subsection 404-15(4)

34

To refuse to receive or register a document submitted for lodgment

section 407-1

35

To issue a notice requiring directors of an Aboriginal and Torres Strait Islander corporation to take the action specified in the notice to comply with this Act or the corporation’s constitution etc.

subsection 439-20(1)

36

To issue a notice requiring directors of an Aboriginal and Torres Strait Islander corporation to take the action specified in the notice to cause particular circumstances to cease to exist

subsection 439-20(3)

37

To issue a notice requiring directors of an Aboriginal and Torres Strait Islander corporation to take the action specified in the notice to prevent particular circumstances from occurring or developing

subsection 439-20(5)

38

A determination that an Aboriginal and Torres Strait Islander corporation be under special administration

subsection 487-1(1)

39

To extend the period for which an Aboriginal and Torres Strait Islander corporation is under special administration

subsection 487-15(1)

40

To terminate the appointment of a special administrator for a reason specified in paragraph 505-5(b), (c) or (d)

subsection 505-1(4)

41

To make or refuse to make a direction about persons who are not to act as receivers

paragraph 418(1)(f) of the Corporations Act as applied by section 516-1 of this Act

42

To make or refuse to make a direction about persons who are not taken to be connected with an Aboriginal and Torres Strait Islander corporation

paragraph 448C(3)(b) of the Corporations Act as applied by section 521-1 of this Act

43

To make or refuse to make a direction about persons who are not taken to be connected with an Aboriginal and Torres Strait Islander corporation

paragraph 532(6)(b) of the Corporations Act as applied by section 526-35 of this Act

44

To refuse a claim of entitlement to be paid money that is unclaimed property etc.

subsection 551-15(2)

617-5   Deadlines for making reviewable decisions

                   If:

                     (a)  this Act provides for a person to apply to the Registrar to make a reviewable decision; and

                     (b)  a period is specified under this Act for giving notice of the decision to the applicant; and

                     (c)  the Registrar has not notified the applicant of the Registrar’s decision within that period;

the Registrar is taken, for the purposes of this Act, to have made a decision to reject the application.

617-10   Notice of reviewable decision and review rights

             (1)  This section applies to a person (the decision maker ) who:

                     (a)  makes a reviewable decision; or

                     (b)  reviews a reviewable decision under Division 620 of this Part.

             (2)  Subject to subsection (3), the decision maker must take such steps as are reasonable in the circumstances to give to each person whose interests are affected by the decision notice, in writing or otherwise:

                     (a)  of the making of the decision; and

                     (b)  of the person’s right to have the decision reviewed under this Part.

             (3)  Subsection (2) does not require the decision maker to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if the decision maker determines that giving notice to the person or persons is not warranted, having regard to:

                     (a)  the cost of giving notice to the person or persons; and

                     (b)  the way in which the interests of the person or persons are affected by the decision.

             (4)  A failure to comply with this section does not affect the validity of the decision.

             (5)  The fact that a person has not been given notice of the decision because of a determination under subsection (3) constitutes special circumstances for the purposes of subsection 29(6) of the Administrative Appeals Tribunal Act 197 5.



 

Division 620 Internal review of reviewable decisions

620-1   Registrar may reconsider reviewable decisions on own initiative

             (1)  The Registrar may, on his or her own initiative, reconsider a reviewable decision if the Registrar is satisfied that there is sufficient reason to reconsider the decision.

             (2)  The Registrar may reconsider a decision even if:

                     (a)  an application for reconsideration of the decision has been made under section 620-5; or

                     (b)  if the decision has been affirmed, varied or set aside under section 620-5—an application has been made under section 623-1 for review of the decision.

             (3)  After reconsidering the decision, the Registrar must:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  set the decision aside and substitute a new decision.

             (4)  The Registrar’s decision (the decision on review ) to affirm, vary or set aside the decision takes effect:

                     (a)  on the day specified in the decision on review; or

                     (b)  if a day is not specified—on the day on which the decision on review was made.

620-5   Reconsideration of reviewable decisions

             (1)  A person whose interests are affected by a reviewable decision may request the Registrar to reconsider the decision.

             (2)  The person’s request must be made by written notice given to the Registrar within 28 days, or such longer period as the Registrar allows, after the day on which the person first received notice of the decision.

             (3)  The notice must set out the reasons for making the request.

             (4)  The Registrar must, on receiving an application, cause the decision to be reviewed by a person (the reviewer ) to whom the Registrar’s power under this section is delegated. The reviewer must be a person who was not involved in making the decision.

             (5)  A reviewer who reviews a reviewable decision may:

                     (a)  make a decision affirming, varying or setting aside the reviewable decision; and

                     (b)  if the reviewer sets aside the decision, make such other decision as the reviewer thinks appropriate.

             (6)  The reviewer’s decision (the decision on review ) takes effect:

                     (a)  on the day specified in the decision on review; or

                     (b)  if a day is not specified—on the day on which the decision on review was made.

             (7)  The Registrar is taken, for the purposes of this Part, to have affirmed the reviewable decision if the person does not receive notice of the review decision within 90 days after receiving the person’s request.



 

Division 623 AAT review of reviewable decisions

623-1   AAT review of reviewable decisions

                   An application may be made to the AAT for the review of a reviewable decision that has been affirmed, varied or set aside under section 620-1 or 620-5.