Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe following are the grounds on which an Aboriginal and Torres Strait Islander corporation may be wound up:
(a) the corporation has by special resolution resolved that it be wound up by the Court;
(b) the business or operations of the corporation were not commenced within 1 year after its registration or have been suspended for a continuous period of 1 year;
(c) the corporation has ceased to satisfy a requirement for registration imposed by section 141 - 5, 141 - 10 or 141 - 15;
(d) section 26 - 15 precludes the continued registration of the corporation;
(e) the officers of the corporation have acted in the affairs of the corporation:
(i) in their own interests rather than in the interests of the members of the corporation as a whole; or
(ii) in a way that appears to be unfair or unjust to the members of the corporation;
(f) the affairs of the corporation are being conducted in a way that is:
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(iii) contrary to the interests of the members of the corporation as a whole;
(g) an act or omission, or a proposed act or omission, by or on behalf of the corporation was or would be:
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(iii) contrary to the interests of the members as a whole;
(h) a resolution, or a proposed resolution, of a class of members of the corporation, was or would be:
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(iii) contrary to the interests of the members of the corporation as a whole;
(i) the corporation is insolvent;
(j) the directors of the corporation have failed to comply with a notice that the Registrar has given the directors under section 439 - 20;
(k) the corporation has failed, for a prescribed period, to lodge any financial or other reports required to be lodged by Part 7 - 3;
(l) by reason of the complexity or magnitude of the activities of the corporation, it is inappropriate that it continue to be registered under this Act;
(m) the Court is satisfied that it is in the interests of:
(i) the public; or
(ii) the corporation's members; or
(iii) the corporation's creditors;
that the corporation should be wound up;
(n) the Court is satisfied that it is just and equitable that the corporation be wound up.