Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 9 - LODGMENTS AND REGISTERS  

PART 9-2 - LODGMENTS WITH THE REGISTRAR  

Division 410 - Courts power if documents not lodged  

SECTION 410-1   COURT MAY MAKE CERTAIN ORDERS  

410-1(1)    
If:

(a)    an individual fails to comply with a requirement to which subsection (7) applies; and

(b)    the individual does not comply within 14 days after the service on the person of a notice requiring the requirement to be done; and

(c)    the Registrar applies to a court;

the court may make an order directing the individual to comply with the requirement within the time specified in the order.

410-1(2)    
If:

(a)    a body corporate fails to comply with a requirement to which subsection (7) applies; and

(b)    the body corporate does not comply within 14 days after the service on the body, or any officer of the body, of a notice requiring the requirement to be done; and

(c)    the Registrar or any member or creditor of the body applies to a court;

the court may make an order directing the body, or any officer of the body, to comply with the requirement within the time specified in the order.

410-1(3)    
An order under subsection (1) or (2) may provide that all costs of and incidental to the application are to be borne by the individual or the body or by any officers of the body responsible for the non-compliance (as the case may be).

410-1(4)    
A person commits an offence if the person contravenes an order made under subsection (1) or (2) .

Penalty: 50 penalty units or imprisonment for 12 months, or both.

410-1(5)    
An offence against subsection (1) or (2) is an offence of strict liability.

Note:

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

410-1(6)    
Nothing in this Part or Part 9-3 (dealing with registers) prejudices the operation of any law imposing penalties on an individual or a body or its officers in respect of a failure to comply with a relevant requirement.

410-1(7)    
This subsection applies to the following:

(a)    a requirement under any provision of this Act or other law that requires the lodging in any manner of any return, account, report or other document with, or the giving of notice to, the Registrar of any matter;

(b)    a requirement to comply with any request of the Registrar to amend or complete and resubmit any document or to submit a fresh document.