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 150-35   MEMBER MISBEHAVES  
Operation of section

150-35(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 member misbehaves

150-35(2)    
If the membership of a member of an Aboriginal and Torres Strait Islander corporation is to be cancelled on the grounds that the member has misbehaved, the membership may only be cancelled on that ground if the cancellation is affected in the manner and circumstance provided for in subsection (3) .

Manner and circumstances

150-35(3)    
The corporation may cancel the membership by special resolution in general meeting if the general meeting is satisfied that member has behaved in a manner that significantly interfered with the operation of the corporation or of corporation meetings.

Notice

150-35(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.

Strict liability offence

150-35(5)    

An offence against subsection (4) is an offence of strict liability.

Note:

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