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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 9-3 Registers

Division 415 Introduction

415-1   What this Part is about

This Part deals with:

•      the registers that the Registrar must keep. These include the Register of Aboriginal and Torres Strait Islander Corporations and the Register of Disqualified Officers (see Division 418);

•      the information that may be obtained from the Registrar (see Division 421);

•      the validity and use of information so obtained (see Division 424).



 

Division 418 Registers to be kept

418-1   Registers

                   The Registrar must keep the following registers:

                     (a)  the Register of Aboriginal and Torres Strait Islander Corporations;

                     (b)  the Register of Disqualified Officers;

                     (c)  such other registers as the Registrar considers necessary.

418-5   Form of registers

                   A register may be kept in such form as the Registrar thinks fit.

418-10   Register of Aboriginal and Torres Strait Islander Corporations

                   The Register of Aboriginal and Torres Strait Islander Corporations is to include the information or documents specified in the regulations in relation to each Aboriginal and Torres Strait Islander corporation.

418-15   Register of Disqualified Officers

             (1)  The Register of Disqualified Officers is a register of persons who have been disqualified from managing Aboriginal and Torres Strait Islander corporations under section 279-15, 279-20, 279-25 or 279-30.

             (2)  The register must contain a copy of:

                     (a)  every notice that was served under section 279-30; and

                     (b)  every order made by the court under section 279-15, 279-20 or 279-25; and

                     (c)  every order lodged under section 279-35; and

                     (d)  every permission given under subsection 279-30(7); and

                     (e)  any other document set out in the regulations.



 

Division 421 What information may a person obtain from the Registrar?

421-1   Inspection and production of records

             (1)  Subject to subsection (1A), a person:

                     (a)  may inspect any document lodged with the Registrar except an exempt document (see subsection (4)); and

                     (b)  may inspect or search a prescribed register kept by the Registrar for prescribed information; and

                     (c)  may require a copy of, or extract from, any document that the person is permitted to inspect under paragraph (a).

          (1A)  The Registrar may arrange for a person to:

                     (a)  inspect a document; or

                     (b)  inspect or search a register; or

                     (c)  be given a copy of, or extract from, a document;

under subsection (1) in such a way that the person does not have access to personal information, or personal information generally, contained in the document or register.

          (1B)  A person:

                     (a)  may inspect a notice, order or permission set out in subsection 418-15(2); and

                     (b)  may require a certificate of the registration of an Aboriginal and Torres Strait Islander corporation or any other certificate authorised by this Act to be given by the Registrar; and

                     (c)  may require a copy of, or extract from:

                              (i)  any document that the person is entitled to inspect under paragraph (a); or

                             (ii)  any certificate referred to in paragraph (b) to be given, or given and certified, by the Registrar.

Registrar not required to use originals

             (2)  If a reproduction or an image of a document or certificate is produced for inspection, a person is not entitled under subsection (1) or (1B) to require the production of the original of the document or certificate.

             (3)  For the purposes of paragraph (1)(c) or (1B)(c), the Registrar is not required to take the copy or extract from the original of the lodged document but may take the copy or extract from an image of the original.

Meaning of exempt document

             (4)  In subsection (1):

exempt document means:

                     (a)  a notice lodged under subsection 304-15(4); or

                     (b)  a report made or lodged under:

                              (i)  section 422 of the Corporations Act (as applied by section 516-1 of this Act); or

                             (ii)  section 438D of the Corporations Act (as applied by section 521-1 of this Act); or

                            (iii)  section 533 of the Corporations Act (as applied by section 526-35 of this Act); or

                     (c)  a report by a special administrator under section 502-1 into an Aboriginal and Torres Strait Islander corporation, if the corporation has not agreed to allow the inspection of the report; or

                     (d)  a report by an examiner under section 453-1 into an Aboriginal and Torres Strait Islander corporation, if the corporation has not agreed to allow the inspection of the report; or

                     (e)  a document that has been destroyed or otherwise disposed of; or

                      (f)  any other document specified in the regulations.

421-5   Requests and certification of copy or extract etc.

             (1)  If:

                     (a)  a person makes, under paragraph 421-1(1)(c) or (1B)(c), a requirement that relates to a document or certificate; and

                     (b)  the Registrar keeps, by means of a computer, a record of information set out in the document or certificate; and

                     (c)  in meeting that requirement, the Registrar gives a writing or document that sets out what purports to be the contents of:

                              (i)  the whole of the document or certificate; or

                             (ii)  a part of the document or certificate;

then, for the purposes of paragraph 421-1(1)(c) or (1B)(c), the Registrar is taken to have given:

                     (d)  if subparagraph (c)(i) applies—a copy of the document or certificate; or

                     (e)  if subparagraph (c)(ii) applies—an extract from the document or certificate setting out that part of it.

Certification by Registrar

             (2)  If:

                     (a)  the requirement referred to in paragraph (1)(a) includes a requirement that the copy or extract be certified; and

                     (b)  in meeting that requirement, the Registrar gives a writing or document as mentioned in paragraph (1)(c);

then:

                     (c)  the Registrar may certify that the writing or document sets out the contents of the whole or part of the document or certificate, as the case requires; and

                     (d)  the writing or document is, in a proceeding in a court, admissible as prima facie evidence of the information contained in it.

             (3)  A certification under subsection (2) is not a legislative instrument.



 

Division 424 Validity and use of information etc. obtained from a register

424-1   Validity of copy or extract

                   A copy or an extract derived from a document lodged with the Registrar, and certified by the Registrar, is, in any proceeding, admissible in evidence as of equal validity with the original document.

424-5   Use in court proceedings etc. of documents issued by Registrar

             (1)  If:

                     (a)  the Registrar gives a certificate; and

                     (b)  the certificate states that, at a date or during a period specified in the certificate, no Aboriginal and Torres Strait Islander corporation was registered under this Act by a name specified in the certificate;

then, in any proceeding, the certificate is to be received as prima facie evidence that at that date or during that period, as the case may be, no Aboriginal and Torres Strait Islander corporation was registered by that name under this Act.

             (2)  If:

                     (a)  the Registrar gives a certificate; and

                     (b)  the certificate states that a requirement of this Act specified in the certificate:

                              (i)  had or had not been complied with at a date or within a period specified in the certificate; or

                             (ii)  had been complied with at a date specified in the certificate but not before that date;

then in any proceeding, the certificate is to be received as prima facie evidence of matters specified in the certificate.

             (3)  If:

                     (a)  the Registrar gives a certificate; and

                     (b)  the certificate states that, during a period specified in the certificate, a particular Aboriginal and Torres Strait Islander corporation was registered, or taken to be registered, under this Act;

then, in any proceedings, the certificate is to be received as prima facie evidence that, during that period, that corporation was registered under this Act.

Certificates issued are prima facie evidence

             (4)  A certificate given by the Registrar stating that an Aboriginal and Torres Strait Islander corporation has been registered under this Act is prima facie evidence that:

                     (a)  all requirements of this Act for its registration have been complied with; and

                     (b)  the corporation was duly registered as an Aboriginal and Torres Strait Islander corporation under this Act on the date specified in the certificate.

Writing prepared by the Registrar

             (5)  If:

                     (a)  a writing purports to have been prepared by the Registrar; and

                     (b)  the writing sets out information that purports to relate to an Aboriginal and Torres Strait Islander corporation; and

                     (c)  the information relating to the corporation was derived from information obtained by the Registrar in the administration of this Act; and

                     (d)  the information was obtained by the Registrar using a computer;

then the writing is prima facie evidence of the matters stated in the writing. In other words, the writing is proof of such a matter in the absence of evidence to the contrary.

             (6)  The writing referred to in subsection (5) need not bear a certificate or signature in order to be taken to purport to have been prepared by the Registrar.

             (7)  Nothing in this section limits, or is limited by, any other provision of this Part.

424-10   Registrar’s certificate that person was a director etc.

                   The Registrar may certify that a person was a director, secretary or contact person of an Aboriginal and Torres Strait Islander corporation at a particular time or during a particular period. In the absence of evidence to the contrary, a certificate is proof of the matters stated in it.