Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 12 - TRANSFER OF REGISTRATION, DEREGISTRATION AND UNCLAIMED PROPERTY  

PART 12-2 - DEREGISTRATION  

Division 546 - Deregistration  

SECTION 546-1   DEREGISTRATION - VOLUNTARY  
Who may apply for deregistration

546-1(1)    
An application to deregister an Aboriginal and Torres Strait Islander corporation may be lodged with the Registrar by:

(a)    the corporation; or

(b)    a director or member of the corporation; or

(c)    a liquidator of the corporation.

If the corporation lodges the application, it must nominate a person to be given notice of the deregistration.

546-1(2)    
A person may apply only if:

(a)    all the members of the corporation agree to the deregistration; and

(b)    the corporation is not carrying on business; and

(c)    the corporation ' s assets are worth less than $ 1,000; and

(d)    the corporation has paid all fees and penalties payable under this Act; and

(e)    the corporation has no outstanding liabilities; and

(f)    the corporation is not a party to any legal proceedings.

Registrar may ask for information about officers

546-1(3)    
The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the corporation.

Deregistration procedure

546-1(4)    
If the Registrar is not aware of any failure to comply with subsections (1) to (3) , the Registrar must give notice of the proposed deregistration in the Gazette .

546-1(5)    
A notice in the Gazette is not a legislative instrument.

546-1(6)    
When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.

546-1(7)    
The Registrar must give notice of the deregistration to:

(a)    the applicant; or

(b)    the person nominated in the application to be given the notice.