Corporations (Aboriginal and Torres Strait Islander) Act 2006
The directors are responsible for deciding membership applications in respect of an Aboriginal and Torres Strait Islander corporation.
144-10(2)
The directors must not accept an application for membership of the corporation unless: (a) the applicant applies for membership in the required manner; and (b) the applicant meets the eligibility for membership requirements of the corporation.
When membership application may be refused
144-10(3)
Unless the corporation is a registered native title body corporate, the directors may refuse to accept the membership application even if paragraphs (2)(a) and (b) are complied with.
144-10(3A)
The directors must accept the membership application if: (a) the corporation is a registered native title body corporate; and (b) paragraphs (2)(a) and (b) are complied with.
Circumstances when application not to be accepted
144-10(4)
Despite subsections (3) and (3A) , the directors must not accept the application if, by accepting the application, the corporation would be in breach of the requirement in section 141-10 (to at all times be complying with the Indigeneity requirement).
If application accepted, entry on the register of members
144-10(5)
If the directors accept the application, the corporation must enter the member on the register of members. Subject to subsection (8) , the corporation must do so within 14 days of the acceptance.
Penalty: 5 penalty units.
Corporation to give notice if application not accepted
144-10(6)
If the directors decide not to accept the application, the corporation must notify the person of the decision and the reasons for it.
Notice to be in writing (replaceable rule - see section 60-1)
144-10(7)
The notice must be in writing.
No admission to membership before a general meeting has been held
144-10(8)
If: (a) the applicant applies for membership after a notice has been given for the holding of a general meeting; and (b) the meeting has not been held at the time that the directors consider the application; then the corporation must not enter the person on the register of members until after the general meeting has been held.
Penalty: 5 penalty units.
Note:
An application may be made to exempt the corporation from the requirement of this subsection (see section 187-5 ).
144-10(9)
An offence against subsection (5) or (8) is an offence of strict liability.
Note:
For strict liability , see section 6.1 of the Criminal Code .
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