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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 14-2 Proceedings

Division 581 Proceedings

581-1   The Registrar’s power to intervene in proceedings

             (1)  The Registrar may intervene in any proceeding relating to a matter arising under this Act.

             (2)  If the Registrar intervenes in a proceeding referred to in subsection (1), the Registrar is taken to be a party to the proceeding and, subject to this Act, has all the rights, duties and liabilities of such a party.

             (3)  Without limiting subsection (2), the Registrar may appear and be represented in any proceeding in which the Registrar wishes to intervene pursuant to subsection (1):

                     (a)  by a natural person to whom, or by an officer or employee of a person or body to whom or to which, the Registrar has delegated its functions and powers under this Act or such of those functions and powers as relate to a matter to which the proceeding relates; or

                     (b)  by solicitor or counsel.

581-5   Civil proceedings not to be stayed

                   No civil proceedings under this Act are to be stayed merely because the proceeding discloses, or arises out of, the commission of an offence.

581-10   Standard of proof

                   If, in proceedings other than proceedings for an offence, it is necessary to establish, or for the Court to be satisfied, for any purpose relating to a matter arising under this Act, that:

                     (a)  a person has contravened a provision of this Act; or

                     (b)  default has been made in complying with a provision of this Act; or

                     (c)  an act or omission was unlawful because a provision of this Act; or

                     (d)  a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention, or a default in complying with, a provision of this Act;

it is sufficient if the matter referred to in paragraph (a), (b), (c) or (d) is established, or the Court is so satisfied, as the case may be, on the balance of probabilities.

581-15   Evidence of contravention

                   For the purposes of this Act, a certificate that:

                     (a)  purports to be signed by the Registrar of an Australian court or other proper officer of an Australian court; and

                     (b)  states:

                              (i)  that a person was convicted by that court on a specified day of a specified offence; or

                             (ii)  that a person charged before that court with a specified offence was, on a specified day, found in that court to have committed the offence but that the court did not proceed to convict the person of the offence;

is, unless it is proved that the conviction was quashed or set aside, or that the finding was set aside or reversed, as the case may be, conclusive evidence:

                     (c)  if subparagraph (b)(i) applies—that the person was convicted of the offence on that day; and

                     (d)  if the offence was constituted by a contravention of a provision of a law—that the person contravened that provision.

581-20   Costs

             (1)  If an Aboriginal and Torres Strait Islander corporation is plaintiff in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the corporation will be unable to pay the costs of the defendant if successful in his, her or its defence, require sufficient security to be given for those costs and stay all proceedings until the security is given.

             (2)  The costs of any proceeding before a court under this Act are to be borne by such party to the proceeding as the court, in its discretion, directs.

581-25   Vesting of property

             (1)  If an order is made by a court under this Act vesting property in a person:

                     (a)  subject to subsection (2), the property forthwith vests in the person named in the order without any conveyance, transfer or assignment; and

                     (b)  the person who applied for the order must, within 7 days after the passing and entering of the order, lodge an office copy of the order with such person (if any) as is specified for the purpose in the order.

             (2)  If:

                     (a)  the property to which an order referred to in subsection (1) relates is property the transfer or transmission of which may be registered under a law of the Commonwealth, of a State or of a Territory; and

                     (b)  that law enables the registration of such an order;

the property, despite that it vests in equity in the person named in the order, does not vest in that person at law until the requirements of the law referred to in paragraph (a) have been complied with.

             (3)  If:

                     (a)  property vests in a person by force of this Act; and

                     (b)  the property is property the transfer or transmission of which may be registered under a law of the Commonwealth, of a State or of a Territory; and

                     (c)  that law enables the person to be registered as the owner of that property;

the property, despite that it vests in equity in that person by force of this Act, does not vest in that person at law until the requirements of the law referred to in paragraph (b) have been complied with.