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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 15-6 Regulations

Division 633 Regulations

633-1   General regulation making power

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may make provision prescribing penalties not exceeding 50 penalty units for contraventions of the regulations.

633-5   Regulations concerning registered native title bodies corporate

Regulations concerning registered native title bodies corporate generally

             (1)  Without limiting section 633-1, the regulations may modify any of the provisions of this Act (other than subsections (8) and (9) of this section) as they relate to a registered native title body corporate.

Regulations concerning registered native title bodies corporate and special administrators

             (2)  Without limiting subsection (1), the regulations may modify the operation of:

                     (a)  Division 499; and

                     (b)  the provisions of the Corporations Act (as applied by section 499-10);

in relation to the functions, duties and powers of a special administrator for a registered native title body corporate.

             (3)  Without limiting subsection (1), the regulations may make provision for the manner in which a special administrator for a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations concerning registered native title bodies corporate and receivers or liquidators

             (4)  Without limiting subsection (1), regulations made for the purposes of paragraph 516-1(2)(b) may modify the operation of the Corporations Act receiver provisions in relation to the functions, duties and powers of a receiver or controller of property of a registered native title body corporate.

             (5)  Without limiting subsection (1), the regulations may make provision for the manner in which a receiver or controller of property of a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations concerning registered native title bodies corporate and administrators

             (6)  Without limiting subsection (1), regulations made for the purposes of paragraph 521-1(2)(b) may modify the operation of the Corporations Act administration provisions in relation to the functions, duties and powers of an administrator appointed under those provisions for a registered native title body corporate.

             (7)  Without limiting subsection (1), the regulations may make provision for the manner in which an administrator appointed under those provisions for a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations must not increase criminal penalties etc.

             (8)  Regulations made for the purposes of subsection (1) must not:

                     (a)  increase, or have the effect of increasing, the maximum penalty for any offence; or

                     (b)  widen, or have the effect of widening, the scope of any offence.

Consistency with Native Title legislation obligations

             (9)  To avoid doubt, regulations that modify this Act in relation to a registered native title body corporate, must not be inconsistent with the Native Title legislation obligations.