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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 4-5 Registers of members and former members

Division 180 Registers of members and former members

180-1   Aboriginal and Torres Strait Islander corporations to maintain register of members

             (1)  An Aboriginal and Torres Strait Islander corporation must set up and maintain a register of members.

             (2)  An Aboriginal and Torres Strait Islander corporation commits an offence if it contravenes subsection (1).

Penalty:  10 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

180-5   Information on the register of members

             (1)  The register of members must contain the following information about each member who is an individual:

                     (a)  the member’s given and family name;

                     (b)  the member’s address;

                     (c)  the date on which the entry of the member’s name in the register was made.

The register may also contain any other name by which the member is or was known.

          (1A)  The register of members must contain the following information about each member who is a body corporate:

                     (a)  the member’s name and address;

                     (b)  the date on which the entry of the member’s name in the register was made.

             (2)  If:

                     (a)  the corporation’s constitution allows for members who are not Aboriginal and Torres Strait Islander persons; and

                     (b)  a member is not an Aboriginal and Torres Strait Islander person;

the entry for the member in the register must also indicate that the member is not an Aboriginal and Torres Strait Islander person.

180-10   Aboriginal and Torres Strait Islander corporations to maintain register of former members

             (1)  An Aboriginal and Torres Strait Islander corporation must set up and maintain a register of former members.

             (2)  An Aboriginal and Torres Strait Islander corporation commits an offence if it contravenes subsection (1).

Penalty:  10 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

180-15   Information on the register of former members

             (1)  The register of former members must contain the following information about each individual who stopped being a member of the corporation within the last 7 years:

                     (a)  the member’s given and family name;

                     (b)  the member’s address;

                     (c)  the date on which the individual stopped being a member.

The register may also contain any other name by which the individual is or was known.

             (2)  The register of former members must contain the following information about each body corporate that stopped being a member of the corporation within the last 7 years:

                     (a)  the member’s name and address;

                     (b)  the date on which the body stopped being a member.

180-20   Location and inspection of registers

             (1)  An Aboriginal and Torres Strait Islander corporation must keep the register of members and the register of former members at:

                     (a)  the corporation’s registered office if the corporation is registered as a large corporation; or

                     (b)  the corporation’s document access address if the corporation is registered as a small or medium corporation.

Penalty:  10 penalty units.

             (2)  The register must be open for inspection by any person.

             (3)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

180-22   Register of members and register of former members may be maintained in one document

                   Nothing in this Act prevents an Aboriginal and Torres Strait Islander corporation from maintaining its register of members, and its register of former members, in the one document.

180-25   Right to inspect and get copies

Right to inspect

             (1)  Any person has a right to inspect an Aboriginal and Torres Strait Islander corporation’s register of members and register of former members.

Note 1:       A corporation commits an offence under section 376-1 if it does not allow inspection of a register.

Note 2:       Other provisions that are relevant to the inspection of a register are:

(a)           section 180-45 (evidentiary value); and

(b)           section 376-1 (place and times for inspection); and

(c)           section 376-20 (form).

             (2)  If the register is not kept on computer, the corporation must allow the person to inspect the register itself.

             (3)  If the register is kept on a computer, the corporation must (unless the person and the corporation agree that the person can access the information by computer) allow the person to inspect a hard copy of the information on the register.

Inspection fees

             (4)  A member of the corporation may inspect the register without charge. Other people may inspect the register only on payment of any fee (up to the prescribed amount) required by the corporation.

Right to get copies

             (5)  The corporation must give a person a copy of the register (or a part of the register) within 7 days if the person:

                     (a)  asks for the copy; and

                     (b)  pays any fee (up to the prescribed amount) required by the corporation.

The Registrar may allow a longer period to comply with the request.

Penalty:  10 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

180-30   Aboriginal and Torres Strait Islander corporation to make register of members available at AGM

             (1)  An Aboriginal and Torres Strait Islander corporation must:

                     (a)  make the register of members available for inspection (without charge) by members at the AGM; and

                     (b)  ask each member attending the AGM to:

                              (i)  check the entry for that member in the register; and

                             (ii)  inform the corporation of any corrections that need to be made to that entry.

Penalty:  10 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

180-35   Aboriginal and Torres Strait Islander corporation to give Registrar copy of register of members or register of former members

             (1)  The Registrar may, at any time, request the corporation to give him or her a copy of the register of members, or the register of former members, as at the date when the copy is given to the Registrar, and the corporation must comply with the request within 14 days or such longer period as the Registrar specifies.

Note:          An Aboriginal and Torres Strait Islander corporation must give a general report to the Registrar in respect of each financial year. That report must include details of the names and addresses of the corporation’s members: see sections 330-1 and 330-5.

             (2)  An Aboriginal and Torres Strait Islander corporation commits an offence if it contravenes subsection (1).

Penalty:  10 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note 1:       For strict liability , see section 6.1 of the Criminal Code .

Note 2:       See also section 265-40 for offences committed by the secretary of an Aboriginal and Torres Strait Islander corporation.

180-40   Correction of register of members or register of former members

             (1)  The corporation, or a person aggrieved, may apply to the Court to have the register of members or the register of former members corrected.

             (2)  If the Court orders the corporation to correct the register, it may also order the corporation to compensate a party to the application for loss or damage suffered.

180-45   Evidentiary value of registers

                   In the absence of evidence to the contrary, the register of members and the register of former members are proof of the matters shown in the registers under this Part.



 

Division 183 Use of information on the register of members or register of former members

183-1   Use of information on register of members or register of former members

             (1)  A person must not:

                     (a)  use information about a person obtained from a register of members, or register of former members, to contact or send material to the person; or

                     (b)  disclose information of that kind knowing that the information is likely to be used to contact or send material to the person.

Note:          An example of using information to send material to a person is putting a person’s name and address on a mailing list for advertising material.

             (2)  Subsection (1) does not apply if the use or disclosure of the information is:

                     (a)  relevant to the person’s membership, or former membership, of the corporation or the exercise of the person’s rights as a member, or former member, of the corporation; or

                     (b)  approved by the corporation.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  10 penalty units.

             (4)  An offence against subsection (3) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  A person who contravenes subsection (1) is liable to compensate anyone else who suffers loss or damage because of the contravention.

             (6)  A person who makes a profit from a contravention of subsection (1) owes a debt to the corporation. The amount of the debt is the amount of the profit.

             (7)  If a person owes a debt under subsection (6) to the corporation:

                     (a)  the debt may be recovered by the corporation as a debt due to it; and

                     (b)  any amount paid or recovered in respect of the debt forms part of the corporation’s property.