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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 3-3 Minimum number of members of Aboriginal and Torres Strait Islander corporations

Division 77 Minimum number of members of Aboriginal and Torres Strait Islander corporations

77-1   What this Part is about

This Part deals with the minimum number of members that an Aboriginal and Torres Strait Islander corporation must have.

77-5   Minimum number of members requirement

Minimum number of members

             (1)  An Aboriginal and Torres Strait Islander corporation must have the following minimum number of members:

                     (a)  at least 5 members; or

                     (b)  the lesser number of members determined under subsection (2), (3) or (4).

Request in application for registration for exemption from at least 5 members

             (2)  If:

                     (a)  an application for registration of an Aboriginal and Torres Strait Islander corporation is to be made; and

                     (b)  the corporation is to have fewer than 5 members;

the applicant for registration must, in the application under section 21-1, request that the Registrar:

                     (c)  exempt the corporation from having at least 5 members; and

                     (d)  determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if determination under subsection (2) is in force

             (3)  If:

                     (a)  the Registrar has determined a lesser number of members under subsection (2) in respect of an Aboriginal and Torres Strait Islander corporation and the determination is in force; and

                     (b)  after registration of the corporation, the corporation wants to have fewer members than the number determined;

the corporation may request the Registrar in writing to:

                     (c)  exempt the corporation from having the number previously determined; and

                     (d)  determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if no determination under subsection (2) is in force

             (4)  If:

                     (a)  an Aboriginal and Torres Strait Islander corporation is required to have at least 5 members; and

                     (b)  after registration of the corporation, the corporation wants to have fewer than 5 members;

the corporation may request the Registrar in writing to:

                     (c)  exempt the corporation from having at least 5 members; and

                     (d)  determine the corporation to have the lesser minimum number of members specified in the application.

77-10   Registrar may exempt if appropriate and reasonable to do so

                   The Registrar may grant an exemption on a request under subsection 77-5(2), (3) or (4) and allow a lesser number if the Registrar is satisfied that it is appropriate and reasonable in the circumstances to do so.

Note:          For example, the Registrar may grant an exemption if the corporation was formed as a result of a court order.

77-15   Registrar may determine a different number to number requested

                   In determining a lesser minimum number of members on a request under subsection 77-5(2), (3) or (4), the Registrar may determine a number that is higher or lower than the number requested (so long as the number is less than 5).

77-20   Earlier determination taken to be revoked

                   If the Registrar grants an exemption on a request under subsection 77-5(3), the determination referred to in paragraph 77-5(3)(a) is taken to be revoked.

77-25   Notice to be given

             (1)  If the Registrar grants an exemption under section 77-10, the Registrar must notify the applicant or corporation, as the case may be, in writing of the exemption and the minimum number of members that the corporation is instead required to have.

             (2)  If the Registrar does not grant the exemption, the Registrar must notify the applicant or corporation, as the case may be, in writing that the exemption has not been granted.