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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 1-1 Preliminary

Division 1 Preliminary

1-1   Short title

                   This Act may be cited as the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

1-5   Commencement

                   This Act commences on 1 July 2007.

1-10   Act binds Crown

             (1)  This Act (except Part 5.8 of the Corporations Act as applied by subsections 516-1(3), 521-1(3), 526-35(3) and 526-40(3)) binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

             (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.

1-15   Geographical application of Act

             (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.

1-20   Act applies regardless of residence, place of formation etc.

                   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.

1-25   Objects of this Act

                   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.

1-30   Office of the Registrar of Aboriginal and Torres Strait Islander Corporations

                   There is to be, within the Department, the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations.

1-35   Interpretative provisions

                   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.