Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 2 - ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

PART 2-5 - EFFECTS OF REGISTRATION  

Division 42 - Effects of registration  

SECTION 42-10   MEMBERS, DIRECTORS, CORPORATION SECRETARY AND CONTACT PERSON OF CORPORATION  
Persons become members on registration

42-10(1)    
A person becomes a member of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if:

(a)    

the corporation was registered as a result of an application made under section 21-1 and the person is specified in the application with the person ' s consent as a proposed member of the corporation; or

(b)    the corporation was registered as a result of an application made under section 22-1 for registration of a body corporate as an Aboriginal and Torres Strait Islander corporation under Part 2-3 and the person is a member of the body corporate immediately before registration of the corporation; or

(c)    the corporation was registered as a result of an application made under section 23-1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation ) under Part 2-3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations ) and the person is a member of any of the amalgamating corporations immediately before the registration of the amalgamated corporation.

Note:

A member ' s name must be entered in the register of members (see section 180-5 ).

Persons become directors etc. on registration

42-10(1A)    
A person becomes a director, corporation secretary or contact person of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if the person is specified in the application under section 21-1 , 22-1 or 23-1 with his or her consent as a proposed director, corporation secretary or contact person of the corporation.

If no contact person nominated in the application for registration

42-10(2)    
If:

(a)    an Aboriginal and Torres Strait Islander corporation is registered as a small or medium corporation; and

(b)    the application for registration does not specify a person to be the contact person for the corporation; the applicant becomes the contact person for the corporation on registration.

If person nominated in application for registration as contact person without the person ' s consent

42-10(3)    
If:

(a)    a person is specified in an application for registration of an Aboriginal and Torres Strait Islander corporation as the contact person for the corporation; and

(b)    the person is specified without his or her consent; and

(c)    before registration, the Registrar becomes aware of that fact; the Registrar may determine, by notice in writing given to the applicant, that the applicant for registration is the contact person for the corporation on registration.

42-10(4)    
A determination under subsection (3) is not a legislative instrument.