Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 3 - BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION  

PART 3-2 - RULES DEALING WITH THE INTERNAL GOVERNANCE OF CORPORATIONS  

Division 69 - Constitutions and amendment and replacement of constitutions  

Subdivision 69-B - Constitutional changes after registration  

SECTION 69-30   REGISTRAR TO DETERMINE IF CONSTITUTIONAL CHANGE SHOULD BE REGISTERED  
Registrar to decide

69-30(1)    
The Registrar must decide whether to register a constitutional change lodged under section 69-20 or 69-25 .

Changed internal governance rules must comply with the internal governance rules requirement

69-30(2)    
The Registrar must not register the change unless the Registrar is satisfied that, with the constitutional change, the internal governance rules of the corporation would comply with the internal governance rule requirements.

Proposed change after Registrar ' s change

69-30(3)    
In addition to being satisfied as required by subsection (2) , the Registrar must not register a constitutional change lodged after the Registrar has changed the constitution under section 69-35 unless the Registrar is satisfied that:

(a)    the lodged change is consistent with the change made by the Registrar, taking into account the Registrar ' s reasons for making that change; and

(b)    the reasons for the Registrar making that change are no longer applicable.

If Registrar is not satisfied

69-30(4)    
If the Registrar is not satisfied as required by this section, the Registrar must:

(a)    refuse to register the change; and

(b)    notify the corporation or special administrator concerned in writing of the decision within 28 days after that decision.

If Registrar is satisfied

69-30(5)    
If the Registrar is satisfied as required by this section, the Registrar must register the change within 28 days after making the decision.