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 546-5   DEREGISTRATION - REGISTRAR INITIATED  
Circumstances in which the Registrar may deregister

546-5(1)    
The Registrar may decide to deregister an Aboriginal and Torres Strait Islander corporation if:

(a)    

the corporation has not lodged a general report within 6 months after the day on which the report is required to be lodged; and

(b)    the corporation has not lodged any other documents under this Act in the last 18 months; and

(c)    the Registrar has no reason to believe that the corporation is carrying on business.

546-5(2)    
The Registrar may also decide to deregister an Aboriginal and Torres Strait Islander corporation if the corporation is being wound up and the Registrar has reason to believe that:

(a)    the liquidator is no longer acting; or

(b)    the corporation ' s affairs have been fully wound up and a return that the liquidator should have lodged is at least 6 months late; or

(c)    the corporation ' s affairs have been fully wound up under Part 5.4 of the Corporations Act (as applied by section 526-35 of this Act ) and the corporation has no property or not enough property to cover the costs of obtaining a Court order for the corporation ' s deregistration.

Deregistration procedure

546-5(3)    
If the Registrar decides to deregister an Aboriginal and Torres Strait Islander corporation under this section, the Registrar must give notice of the proposed deregistration:

(a)    to the corporation; and

(b)    to the corporation ' s liquidator (if any); and

(c)    to the corporation ' s directors; and

(d)    in the Gazette .

When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.

546-5(4)    
The Registrar does not have to give a person notice under subsection (3) if the Registrar does not have the necessary information about the person ' s identity or address.

546-5(5)    
The Registrar must give notice of the deregistration to everyone who was notified of the proposed deregistration under paragraph (3)(b) or (c) .