Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) While an Aboriginal and Torres Strait Islander corporation is under special administration, the special administrator:
(a) has control of the corporation's business, property and affairs; and
(b) may carry on that business and manage that property and those affairs; and
(c) may terminate or dispose of all or part of that business, and may dispose of any of that property; and
(d) may engage or discharge employees on behalf of the corporation; and
(e) may perform any function, and exercise any power, that:
(i) the corporation; or
(ii) any of the corporation's officers; or
(iii) the corporation's members;
could perform or exercise if the corporation were not under special administration.
This subsection has effect even if the offices of the corporation's officers are not vacated on the appointment of the special administrator.
(2) To avoid doubt and without limiting paragraph (1)(e), the special administrator may perform any function and exercise any power that the corporation has as trustee.
(3) Without limiting subsection (1), the special administrator may do the following:
(a) change the corporation's constitution;
(b) admit a person as a member of the corporation;
(c) remove a person as a member of the corporation;
(d) appoint a person as a director or secretary of the corporation;
(e) terminate a person's appointment as a director or secretary of the corporation;
(f) terminate a person's appointment as contact person for the corporation.
(4) In changing the corporation's constitution, the special administrator does not have to comply with paragraph 69 - 5(1)(a) (special resolution), section 69 - 15 (satisfying extra requirements in constitution) or section 69 - 20 (corporation to lodge copy of changes).
Note: The special administrator must still lodge a copy of the change under section 69 - 25.