Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 144.10

  (1)   The directors are responsible for deciding membership applications in respect of an Aboriginal and Torres Strait Islander corporation.

  (2)   The directors must not accept an application for membership of the corporation unless:

  (a)   the applicant applies for membership in the required manner; and

  (b)   the applicant meets the eligibility for membership requirements of the corporation.

When membership application may be refused

  (3)   Unless the corporation is a registered native title body corporate, the directors may refuse to accept the membership application even if paragraphs   (2)(a) and (b) are complied with.

  (3A)   The directors must accept the membership application if:

  (a)   the corporation is a registered native title body corporate; and

  (b)   paragraphs   (2)(a) and (b) are complied with.

Circumstances when application not to be accepted

  (4)   Despite subsections   (3) and (3A), the directors must not accept the application if, by accepting the application, the corporation would be in breach of the requirement in section   141 - 10 (to at all times be complying with the Indigeneity requirement).

If application accepted, entry on the register of members

  (5)   If the directors accept the application, the corporation must enter the member on the register of members. Subject to subsection   (8), the corporation must do so within 14 days of the acceptance.

Penalty:   5 penalty units.

Corporation to give notice if application not accepted

  (6)   If the directors decide not to accept the application, the corporation must notify the person of the decision and the reasons for it.

Notice to be in writing (replaceable rule--see section   60 - 1)

  (7)   The notice must be in writing.

No admission to membership before a general meeting has been held

  (8)   If:

  (a)   the applicant applies for membership after a notice has been given for the holding of a general meeting; and

  (b)   the meeting has not been held at the time that the directors consider the application;

then the corporation must not enter the person on the register of members until after the general meeting has been held.

Penalty:   5 penalty units.

Note:   An application may be made to exempt the corporation from the requirement of this subsection   (see section   187 - 5).

  (9)   An offence against subsection   (5) or (8) is an offence of strict liability.

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