Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-2 - MEMBERS  

Division 150 - How does a person cease to be a member of an Aboriginal and Torres Strait Islander corporation?  

Subdivision 150-C - Cancellation of membership  

SECTION 150-20   MEMBER OF CORPORATION THAT IS NOT A REGISTERED NATIVE TITLE BODY CORPORATE NOT ELIGIBLE FOR MEMBERSHIP ETC. (REPLACEABLE RULE - SEE SECTION 60-1)  
Cancellation of membership if member is not eligible etc.

150-20(1)    

The directors of an Aboriginal and Torres Strait Islander corporation that is not a registered native title body corporate may, by resolution, cancel the membership of a member of the corporation if:

(a)    either:

(i) the member is not eligible for membership; or

(ii) the member has ceased to be eligible for membership of the corporation; or

(b)    

the member has not paid the member ' s membership fees (if any).

Member to be given notice

150-20(2)    
Before cancelling the membership, the directors must give the member notice in writing:

(a)    stating that the directors intend to cancel the membership for the reasons specified in the notice; and

(b)    stating that the member has 14 days to object to the cancellation of the membership; and

(c)    stating that the objection must be:

(i) in writing; and

(ii) given to the corporation within the period of 14 days from the day the notice is given.

If member does not object

150-20(4)    
If the member does not object as provided for in paragraph (2)(c) , the directors must cancel the membership.

If member does object

150-20(5)    
If the member does object as provided for in paragraph (2)(c) :

(a)    the directors must not cancel the membership; and

(b)    only the corporation by resolution in general meeting may cancel the membership.

Notice of resolution to be given

150-20(6)    
If the membership is cancelled, the directors must give the member a copy of the resolution (being either the resolution of the directors or the resolution of the general meeting) as soon as practicable after the resolution has been passed.