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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 16-3 Registrar’s functions and powers

Division 658 Registrar’s functions and powers

658-1   Functions of the Registrar

             (1)  The Registrar has the following functions:

                     (a)  to administer this Act;

                     (b)  to maintain such registers as the Registrar thinks appropriate;

                     (c)  to make available to the public information about the registration of Aboriginal and Torres Strait Islander corporations and the administration of this Act;

                     (d)  to provide advice to persons about:

                              (i)  the registration of a particular Aboriginal and Torres Strait Islander corporation; and

                             (ii)  the rules governing the internal management of the corporation; and

                            (iii)  the operation of the corporation;

                     (e)  to conduct public education programs on the operation of the Act and on the governance of Aboriginal and Torres Strait Islander corporations;

                      (f)  to assist with the resolution of disputes:

                              (i)  internal to the operation of an Aboriginal and Torres Strait Islander corporation; or

                             (ii)  between an Aboriginal and Torres Strait Islander corporation and others;

                     (g)  to assist with complaints under this Act:

                              (i)  about the internal operation of an Aboriginal and Torres Strait Islander corporation; or

                             (ii)  involving Aboriginal and Torres Strait Islander corporations;

                     (h)  to conduct research in relation to matters affecting Aboriginal and Torres Strait Islander corporations;

                      (i)  to develop policy proposals about Aboriginal and Torres Strait Islander corporations;

                      (j)  such other functions as are conferred on the Registrar under another law of the Commonwealth;

                     (k)  such other functions as are prescribed.

             (2)  If the Registrar provides advice in undertaking his or her functions, the Registrar is not precluded from exercising a power under this Act, or exercising such a power in a particular way, in respect of an Aboriginal and Torres Strait Islander corporation.

658-5   Aims of the Registrar

                   The Registrar, in performing his or her functions and exercising his or her powers, must have the following aims:

                     (a)  to facilitate and improve the effectiveness, efficiency, sustainability and accountability of Aboriginal and Torres Strait Islander corporations; and

                     (b)  to provide certainty:

                              (i)  for the members, officers and employees of an Aboriginal and Torres Strait Islander corporation in their dealings with the corporation and with each other; and

                             (ii)  for persons outside Aboriginal and Torres Strait Islander corporations in their dealings with those corporations; and

                     (c)  to have regard to Aboriginal and Torres Strait Islander tradition and circumstances; and

                     (d)  to administer the laws of the Commonwealth that confer functions and powers on the Registrar effectively and with a minimum of procedural requirements; and

                     (e)  to ensure that information is available as soon as practicable for access by the public.

658-10   Powers of the Registrar

                   The Registrar has power to do all things necessary or convenient to be done for, or in connection with, the performance of his or her functions.

Note:          Chapter 10 (about regulation and enforcement) contains other specific powers of the Registrar.

658-15   Registrar to have a seal

             (1)  The Registrar must have and use as the seal of his or her office a seal in such form as the Minister, by notice in the Gazette , determines.

             (2)  A notice under subsection (1) is not a legislative instrument.

658-20   Judicial notice of certain matters

                   All courts, judges and persons acting judicially must take judicial notice of:

                     (a)  the signature of any person who holds or has held, or acts or has acted in, the office of Registrar or Deputy Registrar; and

                     (b)  the fact that that person holds or has held, or is acting or has acted in, that office; and

                     (c)  the seal of the Registrar.