Corporations (Aboriginal and Torres Strait Islander) Act 2006

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

PART 3-7 - REGISTERED OFFICE OR DOCUMENT ACCESS ADDRESS  

Division 112 - Registered office  

SECTION 112-5   CORPORATION TO HAVE REGISTERED OFFICE  

112-5(1)    
An Aboriginal and Torres Strait Islander corporation that is registered as a large corporation must have a registered office in Australia.

Note:

A document may be served on a large corporation by leaving it at, or posting it to, the corporation ' s registered office (see section 120-1 ).

112-5(2)    
If the corporation has one or more places of business in Australia, one of those places must be its registered office.

112-5(3)    
The corporation must lodge notice of a change of address of its registered office with the Registrar not later than 28 days after the date on which the change occurs.

Note:

If the corporation is not to be the occupier of premises at the address of its new registered office, the notice must state that the occupier has consented to the address being specified in the notice and has not withdrawn that consent (see section 112-20 ).

112-5(4)    
A notice of change of address takes effect when the changed address is included on the Register of Aboriginal and Torres Strait Islander Corporations.

112-5(5)    
The corporation commits an offence if the corporation does not have a registered office in Australia.

Penalty: 5 penalty units.

112-5(6)    
The corporation commits an offence if:

(a)    the corporation has one or more places of business in Australia; and

(b)    one of those places of business is not the corporation ' s registered office.

Penalty: 5 penalty units.

112-5(7)    
The corporation commits an offence if:

(a)    the corporation ' s registered office address changes; and

(b)    the corporation does not lodge the notice required by subsection (3) within 28 days after the change.

Penalty: 5 penalty units.

112-5(8)    
An offence against subsection (5) or (6) or paragraph (7)(b) is an offence of strict liability.

Note 1:

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

Note 2:

A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection (5) , (6) or (7) . See sections 265-40 and 386-10 .