Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-2 - MEMBERS  

Division 150 - How does a person cease to be a member of an Aboriginal and Torres Strait Islander corporation?  

Subdivision 150-C - Cancellation of membership  

SECTION 150-22   MEMBER OF REGISTERED NATIVE TITLE BODY CORPORATE NOT ELIGIBLE FOR MEMBERSHIP ETC.  

Operation of section

150-22(1)    
This section operates despite any provision of the constitution of an Aboriginal and Torres Strait Islander corporation if the corporation is a registered native title body corporate.

Note:

An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187-5 ).

Membership may be cancelled if not eligible etc.

150-22(2)    
If the membership of a member of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate is to be cancelled on the ground of ineligibility for membership or failure to pay fees, the membership may only be cancelled on that ground if the cancellation is effected in the manner and circumstances set out in subsections (3) to (6) .

Manner and circumstances

150-22(3)    
The directors of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate may, by resolution, cancel the membership of a member of the corporation if:

(a)    either:

(i) the member is not eligible for membership; or

(ii) the member has ceased to be eligible for membership of the corporation; or

(b)    the member has not paid the member ' s membership fees (if any).

150-22(4)    
Before cancelling the membership, the directors must give the member notice in writing:

(a)    stating that the directors intend to cancel the membership for the reasons specified in the notice; and

(b)    stating that the member has 14 days to object to the cancellation of the membership; and

(c)    stating that the objection must be:

(i) in writing; and

(ii) given to the corporation within the period of 14 days from the day the notice is given.

150-22(5)    
If the member does not object as provided for in paragraph (4)(c) , the directors must cancel the membership.

150-22(6)    
If the member does object as provided for in paragraph (4)(c) :

(a)    the directors must not cancel the membership; and

(b)    only the corporation by resolution in general meeting may cancel the membership.

Notice

150-22(7)    
If the membership is cancelled, the directors must give the member a copy of the resolution (being either the resolution of the directors or the resolution of the general meeting) as soon as practicable after the resolution has been passed.

Penalty: 5 penalty units.

150-22(8)    
An offence against subsection (7) is an offence of strict liability.