Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-4 - PROTECTION OF MEMBERS ' INTERESTS  

Division 169 - When may a person bring or intervene in proceedings on behalf of an Aboriginal and Torres Strait Islander corporation?  

SECTION 169-15   EFFECT OF RATIFICATION BY MEMBERS  

169-15(1)    
If the members of an Aboriginal and Torres Strait Islander corporation ratify or approve conduct, the ratification or approval:

(a)    does not prevent a person from bringing or intervening in proceedings with leave under section 169-5 or from applying for leave under that section; and

(b)    does not have the effect that proceedings brought or intervened in with leave under section 169-5 must be determined in favour of the defendant, or that an application for leave under that section must be refused.

Effect of ratification on court

169-15(2)    
If the members of an Aboriginal and Torres Strait Islander corporation ratify or approve conduct, the Court may take the ratification or approval into account in deciding what order or judgment (including as to damages) to make in:

(a)    proceedings brought or intervened in with leave under section 169-5 ; or

(b)    in relation to an application for leave under that section.

169-15(3)    
In doing this, it must have regard to:

(a)    how well-informed about the conduct the members were when deciding whether to ratify or approve the conduct; and

(b)    whether the members who ratified or approved the conduct were acting for proper purposes.