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 150-30   MEMBER IS NOT AN ABORIGINAL AND TORRES STRAIT ISLANDER PERSON  
Operation of section

150-30(1)    
This section operates despite section 150-20 or any provision of an Aboriginal and Torres Strait Islander corporation ' s constitution.

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 an Aboriginal and Torres Strait Islander person

150-30(2)    
If it is a requirement for eligibility for membership of an Aboriginal and Torres Strait Islander corporation that a member be an Aboriginal and Torres Strait Islander person, a member ' s membership may only be cancelled on the ground that the person is not such a person if the cancellation is effected in the manner and circumstance set out in subsection (3) .

Manner and circumstances

150-30(3)    
The corporation, by special resolution in general meeting, may cancel the membership of the member if the general meeting is satisfied that the member is not an Aboriginal and Torres Strait Islander person.

Notice

150-30(4)    
If the corporation does so cancel the membership, the directors must give the member a copy of the resolution as soon as practicable after the resolution has been passed.

Penalty: 5 penalty units.

150-30(5)    
An offence against subsection (4) is an offence of strict liability.

Note:

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