Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-3 - ENFORCEMENT  

Division 453 - Examination of books and persons  

SECTION 453-10   REMUNERATION OF AUTHORISED OFFICER  

453-10(1)    
An authorised officer who examines the books of an Aboriginal and Torres Strait Islander corporation, or a related body corporate, and reports to the Registrar on the results of that examination is to receive such remuneration (if any) as the Registrar determines in writing.

453-10(2)    
A determination under subsection (1) is not a legislative instrument.

453-10(3)    
Subject to subsection (4) , the authorised officer ' s remuneration, charges and expenses are to be borne by the Commonwealth.

453-10(4)    
The Registrar:

(a)    may determine, in writing, that some or all of the authorised officer ' s remuneration, charges or expenses are to be borne by the corporation or a related body corporate; and

(b)    may charge some or all of the remuneration, charges or expenses referred to in paragraph (a) on the property of the corporation or a related body corporate in such order of priority in relation to any existing charges on that property as the Registrar thinks fit.

453-10(5)    
This section does not apply to an authorised officer who is an APS employee or a Commonwealth officer.

453-10(5A)    

Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge created in accordance with paragraph (4)(b) .

Note 1:

The effect of this subsection is that the priority between a charge created in accordance with paragraph (4)(b) and a security interest to which the Personal Property Securities Act 2009 applies is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .

Note 2:

Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that arise after the commencement of subsection (5A) (which is the registration commencement time within the meaning of the Personal Property Securities Act 2009 ).

453-10(6)    
In this section:

Commonwealth officer
includes a person who:

(a)    is in the service or employment of the Commonwealth or an authority of the Commonwealth; or

(b)    holds or performs the duties of any office or position under a law of the Commonwealth; or

(c)    is a member of the Australian Defence Force.