Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 7 - RECORD KEEPING, REPORTING REQUIREMENTS AND BOOKS  

PART 7-8 - BOOKS  

Division 376 - When and where may books be inspected?  

SECTION 376-5   TRANSLATIONS OF INSTRUMENTS AND BOOKS  

376-5(1)    
If:

(a)    this Act requires a person to lodge an instrument (including any certificate, contract or other document) or a certified copy of such an instrument; and

(b)    the instrument is not written in English; the person must lodge at the same time a certified translation of the instrument into English.

Penalty: 5 penalty units.


376-5(1A)    
An offence against subsection (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .


376-5(2)    
If under this Act :

(a)    an Aboriginal and Torres Strait Islander corporation is required to make an instrument (including any certificate, contract or other document) available for inspection; and

(b)    the instrument is not written in English; the corporation must keep a certified translation of the instrument into English at:

(c)    its registered office if it is registered as a large corporation; or

(d)    its document access address if it is registered as a small or medium corporation.

Penalty: 5 penalty units.


376-5(2A)    
An offence against subsection (2) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .


376-5(3)    
If:

(a)    a person has a right to inspect a book of an Aboriginal and Torres Strait Islander corporation; and

(b)    the book, or a part of the book, is not in English; and

(c)    the person asks the corporation to give the person an English translation of the book or that part of the book; the corporation must give the person (free of charge) an English translation of the book, or that part of the book, within a reasonable time after the person asks for it.

Penalty: 5 penalty units.


376-5(4)    
To avoid doubt, subsection (3) applies even if the book concerned includes minutes that are kept by means of an audio, or audio-visual, recording.

376-5(5)    
An offence against subsection (3) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .





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