Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-4 - PROTECTION OF MEMBERS ' INTERESTS  

Division 166 - Oppressive conduct of affairs  

SECTION 166-1   GROUNDS FOR COURT ORDER  

166-1(1)    
Subject to subsection (2) , the Court may make an order under section 166-5 if:

(a)    the conduct of an Aboriginal and Torres Strait Islander corporation ' s affairs; or

(b)    an actual or proposed act or omission by or on behalf of an Aboriginal and Torres Strait Islander corporation; or

(c)    a resolution, or a proposed resolution, of members or a class of members of an Aboriginal and Torres Strait Islander corporation; is either:

(d)    contrary to the interests of the members as a whole; or

(e)    oppressive to, unfairly prejudicial to or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.

166-1(2)    
If the corporation is a registered native title body corporate, the Court must not make an order under subsection 166-5(1) on the basis of:

(a)    an act (or omission from doing an act); or

(b)    a proposed act (or omission from doing an act); if an officer or employee of the corporation does (or refrains from doing), or proposes to do (or refrain from doing), the act:

(c)    in good faith; and

(d)    with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.