Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 6
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OFFICERS
PART 6-4
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DUTIES AND POWERS OF DIRECTORS AND OTHER OFFICERS AND EMPLOYEES
Division 265
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General duties
SECTION 265-40
RESPONSIBILITY OF SECRETARIES FOR CERTAIN CONTRAVENTIONS
Responsibilities of secretaries
265-40(1)
A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions: (a) subsection 69-20(1) or (2) (requirement to lodge copy of constitutional changes); (b) section 88-1 (requirement to lodge material about change of name); (c) subsection 112-5(5) , (6) or (7) (requirements about registered office); (d) section 180-35 (requirement to give copy of register of members or register of former members); (e) subsection 304-5(1) , (3) , (5) or (6) (requirement to lodge details of directors and secretaries); (f) section 330-10 (requirement to lodge general report); (g) section 348-1 (requirement to lodge annual report).
Defence of reasonable steps
265-40(2)
A person does not contravene subsection (1) in relation to a corporation ' s contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.
Responsibilities of secretaries
265-40(1)
A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions: (a) subsection 69-20(1) or (2) (requirement to lodge copy of constitutional changes); (b) section 88-1 (requirement to lodge material about change of name); (c) subsection 112-5(5) , (6) or (7) (requirements about registered office); (d) section 180-35 (requirement to give copy of register of members or register of former members); (e) subsection 304-5(1) , (3) , (5) or (6) (requirement to lodge details of directors and secretaries); (f) section 330-10 (requirement to lodge general report); (g) section 348-1 (requirement to lodge annual report).
Note:
This subsection is a civil penalty provision (see section 386-1 ).
Defence of reasonable steps
265-40(2)
A person does not contravene subsection (1) in relation to a corporation ' s contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.
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