Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-1 - POWERS OF COURTS  

Division 576 - Powers of courts  

SECTION 576-15   IRREGULARITIES  

576-15(1)    
In this section:

(a)    a reference to a proceeding under this Act is a reference to any proceeding whether a legal proceeding or not; and

(b)    a reference to a procedural irregularity includes a reference to:

(i) the absence of a quorum at a meeting of an Aboriginal and Torres Strait Islander corporation, at a meeting of directors or creditors of an Aboriginal and Torres Strait Islander corporation, or at a joint meeting of creditors and members of an Aboriginal and Torres Strait Islander corporation; and

(ii) a defect, irregularity or deficiency of notice or time.

576-15(2)    
A proceeding under this Act is not invalidated because of any procedural irregularity unless the Court:

(a)    is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court; and

(b)    by order declares the proceeding to be invalid.

576-15(3)    
A meeting held for the purposes of this Act , or a meeting notice of which is required to be given in accordance with the provisions of this Act , or any proceeding at such a meeting, is not invalidated merely because of:

(a)    the accidental omission to give notice of the meeting; or

(b)    the non-receipt by any person of notice of the meeting;

unless the Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void.

576-15(4)    
A meeting held for the purposes of this Act , or a meeting notice of which is required to be given in accordance with the provisions of this Act , or any proceeding at such a meeting, is not invalidated merely because of the inability of a person to access the notice of meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void.

Note:

Under paragraph 201-25(3)(e) , an Aboriginal and Torres Strait Islander corporation may, in certain circumstances, give a member notice of a meeting by notifying the member that the notice of meeting is available and how the member may access the notice of meeting.

576-15(5)    
If a member does not have a reasonable opportunity to participate in a meeting of members, or part of a meeting of members, held at 2 or more venues, the meeting will only be invalid on that ground if:

(a)    the Court is of the opinion that:

(i) a substantial injustice has been caused or may be caused; and

(ii) the injustice cannot be remedied by any order of the Court; and

(b)    the Court declares the meeting or proceeding (or that part of it) invalid.

576-15(6)    
Subject to the following provisions of this section but without limiting the generality of any other provision of this Act , the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes:

(a)    an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Act or in relation to an Aboriginal and Torres Strait Islander corporation is not invalid by reason of any contravention of a provision of this Act or a provision of the constitution of an Aboriginal and Torres Strait Islander corporation;

(b)    an order directing the rectification of any register kept by the Registrar under this Act ;

(c)    an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a) ;

(d)    an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Act or in relation to an Aboriginal and Torres Strait Islander corporation (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding;

and may make such consequential or ancillary orders as the Court thinks fit.

576-15(7)    
An order may be made under paragraph (6)(a) or (c) despite that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence.

576-15(8)    
The Court must not make an order under this section unless it is satisfied:

(a)    in the case of an order referred to in paragraph (6)(a) :

(i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or

(ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or

(iii) that it is just and equitable that the order be made; and

(b)    in the case of an order referred to in paragraph (6)(c) - that the person subject to the civil liability concerned acted honestly; and

(c)    in every case - that no substantial injustice has been or is likely to be caused to any person.