Commonwealth Consolidated Acts Commonwealth Consolidated ActsCircumstances in which the Registrar may deregister
(1) The Registrar may decide to deregister an Aboriginal and Torres Strait Islander corporation if:
(a) the corporation has not lodged a general report within 6 months after the day on which the report is required to be lodged; and
(b) the corporation has not lodged any other documents under this Act in the last 18 months; and
(c) the Registrar has no reason to believe that the corporation is carrying on business.
(2) The Registrar may also decide to deregister an Aboriginal and Torres Strait Islander corporation if the corporation is being wound up and the Registrar has reason to believe that:
(a) the liquidator is no longer acting; or
(b) the corporation's affairs have been fully wound up and a return that the liquidator should have lodged is at least 6 months late; or
(c) the corporation's affairs have been fully wound up under Part 5.4 of the Corporations Act (as applied by section 526 - 35 of this Act) and the corporation has no property or not enough property to cover the costs of obtaining a Court order for the corporation's deregistration.
Deregistration procedure
(3) If the Registrar decides to deregister an Aboriginal and Torres Strait Islander corporation under this section, the Registrar must give notice of the proposed deregistration:
(a) to the corporation; and
(b) to the corporation's liquidator (if any); and
(c) to the corporation's directors; and
(d) in the Gazette .
When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.
(4) The Registrar does not have to give a person notice under subsection (3) if the Registrar does not have the necessary information about the person's identity or address.
(5) The Registrar must give notice of the deregistration to everyone who was notified of the proposed deregistration under paragraph (3)(b) or (c).