(1) An Aboriginal and Torres Strait Islander corporation must meet the Indigeneity requirement set out in section 29 - 5 at all times.
Note: Section 26 - 1 also requires the Indigeneity requirement (explained in section 29 - 5) to be met at registration of the corporation.
(2) However, the corporation's constitution may provide that the corporation must have a number or percentage of persons who are Aboriginal and Torres Strait Islander persons that is higher than the number or percentage required in the Indigeneity requirement.
(3) An Aboriginal and Torres Strait Islander corporation that does increase the number or percentage of persons that are required to be Aboriginal and Torres Strait Islander persons is not in breach of subsection (1) only because that increased number or percentage is not attained.