Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-2 - REGULATION OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

Division 439 - Regulation of Aboriginal and Torres Strait Islander corporations  

SECTION 439-10   REGISTRAR MAY CALL A GENERAL MEETING (OTHER THAN AN AGM)  

439-10(1)    
The Registrar may call and arrange to hold a general meeting (other than an AGM) of an Aboriginal and Torres Strait Islander corporation if:

(a)    the corporation has called the meeting for a particular day but it has not been held for 14 days after that day; or

(b)    the Registrar has been requested to do so in writing by at least the required number of members of the corporation under subsection (9) ; or

(c)    the corporation has not held a general meeting within 3 months after the corporation is registered; or

(d)    the Registrar is satisfied that, in the circumstances of the corporation, there is a need to do so.

Meeting may be held for any purpose

439-10(2)    
The Registrar may call and arrange to hold the meeting for any purpose relevant to the corporation that the Registrar thinks appropriate and, in the case of a meeting called under paragraph (1)(a) , the Registrar may include in the notice of the meeting a matter that was not in the original notice of meeting.

439-10(3)    
The notice of the convening of the meeting is not a legislative instrument.

Rules for meeting

439-10(4)    
A meeting called by the Registrar under this section is to be chaired by:

(a)    the Registrar; or

(b)    another individual authorised by the Registrar.

439-10(5)    
The rules in Chapter 5 (meetings) (except section 201-75 ) apply to a meeting called under this section unless the Registrar determines in writing that some or all of those rules do not apply. The determination must:

(a)    specify the rules that do not apply; and

(b)    specify such other rules (if any) as the Registrar thinks appropriate to apply to the meeting.

439-10(6)    
A determination under subsection (5) is not a legislative instrument.

Meeting may be called even if no resolutions to be put to it

439-10(7)    
The Registrar may call and hold a meeting under this section even if the notice of meeting indicates that no resolutions are to be put at the meeting.

Observers

439-10(8)    
The Registrar may authorise a person to attend a meeting called under this section as an observer. A person so authorised is entitled to attend the meeting.

439-10(9)    
The required number of members for an Aboriginal and Torres Strait Islander corporation is the greater of:

(a)    5 members of the corporation; or

(b)    10 % of the members of the corporation.

439-10(10)    
The regulations may prescribe a different number of members for the purposes of applying paragraph (9)(a) to:

(a)    a particular Aboriginal and Torres Strait Islander corporation; or

(b)    a particular class of Aboriginal and Torres Strait Islander corporation.

Without limiting this, the regulations may specify the number as a percentage of the number of members of the corporation.

439-10(11)    
The regulations may prescribe a different percentage for the purposes of applying paragraph (9)(b) to:

(a)    a particular Aboriginal and Torres Strait Islander corporation; or

(b)    a particular class of Aboriginal and Torres Strait Islander corporation.