Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-5 - DISQUALIFICATION FROM MANAGING CORPORATIONS  

Division 279 - Disqualification from managing corporations  

SECTION 279-35   COURT POWER TO GRANT LEAVE  

279-35(1)    
A person who is disqualified from managing Aboriginal and Torres Strait Islander corporations may apply to the Court for leave to manage:

(a)    Aboriginal and Torres Strait Islander corporations; or

(b)    a particular class of Aboriginal and Torres Strait Islander corporation; or

(c)    a particular Aboriginal and Torres Strait Islander corporation.

279-35(2)    
Subsection (1) does not apply if the person:

(a)    was disqualified by the Registrar under section 279-30 ; or

(b)    was disqualified under subsection 279-5(5) because ASIC disqualified the person from managing corporations under section 206F or 206GAA of the Corporations Act .

279-35(3)    
The person must lodge a notice with the Registrar at least 21 days before commencing the proceedings.

279-35(4)    
The order granting leave may be expressed to be subject to exceptions and conditions determined by the Court.

Note:

If the Court grants the person leave to manage the corporation, the person may be appointed as a director (see subsection 246-1(2) ) or secretary (see subsection 257-10(2) ) of the corporation.

279-35(5)    
The person must lodge with the Registrar a copy of any order granting leave within 14 days after the order is made.

279-35(6)    
On application by the Registrar, the Court may revoke the leave. The order revoking leave does not take effect until it is served on the person.