Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 150.35

Operation of section

  (1)   This section operates despite section   150 - 20 or any provision of an Aboriginal and Torres Strait Islander corporation's constitution.

Note:   An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section   187 - 5).

Membership may be cancelled if member misbehaves

  (2)   If the membership of a member of an Aboriginal and Torres Strait Islander corporation is to be cancelled on the grounds that the member has misbehaved, the membership may only be cancelled on that ground if the cancellation is affected in the manner and circumstance provided for in subsection   (3).

Manner and circumstances

  (3)   The corporation may cancel the membership by special resolution in general meeting if the general meeting is satisfied that member has behaved in a manner that significantly interfered with the operation of the corporation or of corporation meetings.

Notice

  (4)   If the corporation does so cancel the membership, the directors must give the member a copy of the resolution as soon as practicable after the resolution has been passed.

Penalty:   5 penalty units.

Strict liability offence

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

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