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 150-25   MEMBER NOT CONTACTABLE  
Operation of section

150-25(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 not contactable

150-25(2)    
If the membership of a member of an Aboriginal and Torres Strait Islander corporation is to be cancelled on the ground that the member is not contactable, the membership may only be cancelled on that ground if the cancellation is effected in the manner and circumstances set out in subsection (3) .

Manner and circumstances

150-25(3)    
The membership may be cancelled by special resolution in general meeting if:

(a)    the corporation has not been able to contact the member at the address for the member that is entered on the register of members; and

(b)    the corporation has not been able to contact that person at that address for a continuous period of 2 years prior to the meeting; and

(c)    the corporation has made 2 or more reasonable attempts to otherwise contact the member during that 2 year period but has been unable to.

Notice

150-25(4)    
If the corporation does so cancel the membership, the directors must send the member a copy of the resolution at the last known address of the member, as soon as practicable after the resolution has been passed.

Penalty: 5 penalty units.

150-25(5)    
An offence against subsection (4) is an offence of strict liability.

Note:

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