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 166-5   ORDERS THE COURT CAN MAKE  

166-5(1)    
The Court can make any order under this section that it considers appropriate in relation to the corporation, including the following:

(a)    an order that the corporation be wound up;

(b)    an order that the corporation ' s existing constitution be modified or repealed and replaced;

(c)    an order regulating the conduct of the corporation ' s affairs in the future;

(d)    an order for the corporation to institute, prosecute, defend or discontinue specified proceedings;

(e)    an order appointing a receiver, or a receiver and manager, of any or all of the corporation ' s property;

(f)    an order restraining a person from engaging in specified conduct or from doing a specified act;

(g)    an order requiring a person to do a specified act.

Order that the corporation be wound up

166-5(2)    
If an order that the corporation be wound up is made under this section, the provisions of this Act relating to the winding up of Aboriginal and Torres Strait Islander corporations apply:

(a)    as if the order were made under section 526-1 ; and

(b)    with such changes as are necessary. Without limiting this, section 526-35 (which applies certain provisions of the Corporations Act ) applies to the winding up.

Changes to constitution made after order that are inconsistent with the Court ordered change

166-5(3)    
If:

(a)    the constitution of the corporation is changed by an order made under this section; and

(b)    after the order, a change to the constitution is proposed; and

(c)    the proposed change is inconsistent with the change made by the order; the Registrar must not register the proposed change unless:

(d)    the order states that the constitution can be changed; or

(e)    the leave of the court is obtained by:

(i) in any case - the Registrar; or

(ii) if the change is not to be made under section 69-35 - the corporation.