Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 2 - ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

PART 2-3 - DECISIONS ON APPLICATIONS  

Division 29 - What are the basic requirements for registration?  

SECTION 29-17   PRE-TRANSFER OF REGISTRATION REQUIREMENT  

29-17(1)    
A body corporate in relation to which an application is made under section 22-1 meets the pre-transfer of registration requirement if:

(a)    the members have by a resolution that has been passed at a meeting by at least 75 % of the votes cast by members entitled to vote on the resolution:

(i) authorised the applicant to apply for the registration of the body as an Aboriginal and Torres Strait Islander corporation; and

(ii) approved the proposed constitution provided to the Registrar under subsection 29-20(2) as the constitution to be adopted by the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and

(iii) if the internal governance rules that would apply to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 will include one or more replaceable rules - agreed to those replaceable rules so applying; and

(iv) nominated, as persons who will become directors of the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the persons specified in the application as persons who will become directors on registration; and

(v) if the application indicates that the body is expected to be a small or medium corporation in respect of its first financial year - nominated, as a person who will become the contact person when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the contact person on registration; and

(vi) if the application indicates that the body is expected to be a large corporation in respect of its first financial year - nominated, as a person who will become the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the secretary on registration; and

(b)    the members were given at least 21 days notice of the meeting and the proposed resolution.

29-17(2)    
The document evidencing the agreement under subparagraph (1)(a)(iii) must:

(a)    refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and

(b)    set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.