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Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 3 - BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION  

PART 3-2 - RULES DEALING WITH THE INTERNAL GOVERNANCE OF CORPORATIONS  

Division 57 - Introduction  

SECTION 57-5  

57-5   LIST OF INTERNAL GOVERNANCE RULES  

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The following table sets out the main provisions of this Act that deal with the internal governance of Aboriginal and Torres Strait Islander corporations. The table indicates those rules that operate as replaceable rules and Division 60 tells you how replaceable rules operate.


Item Subject of provision Provision
  Chapter 3 - Basic features of an Aboriginal and Torres Strait Islander corporation  
1A Resolution of internal disputes subsection 66-1(3A)
1B Resolution of disputes with persons who are or who claim to be common law holders subsection 66-1(3B)
  Chapter 4 - Members and observers  
1C Eligibility requirements for membership of registered native title body corporate section 141-25
1 How does a person become a member? section 144-1
2 Application to corporation section 144-5
subsection (2) is a replaceable rule
3 Determination of applications for membership section 144-10
subsection (7) is a replaceable rule
4 Fees for membership and being an observer section 144-15
5 Obligation to contribute on winding up section 147-1
6 Corporation may impose other membership obligations section 147-5
7 Liability of corporation members section 147-10
8 Cessation of membership section 150-1
9 (Repealed No 38 of 2010)  
10 Resignation section 150-10
subsection (2) is a replaceable rule
11 General section 150-15
12 Member of corporation that is not a registered native title body corporate not eligible for membership etc. section 150-20
this section is a replaceable rule
12A Member of registered native title body corporate not eligible for membership etc. section 150-22
13 Member not contactable section 150-25
14 Member is not an Aboriginal and Torres Strait Islander person section 150-30
15 Member misbehaves section 150-35
16 Different classes of members section 153-1
17 Observers section 158-5
subsection (2) is a replaceable rule
18 What protections apply to variations or cancellations of class rights? Division 172
19 Corporation or directors may allow member to inspect books section 175-15
this section is a replaceable rule
  Chapter 5 - Meetings  
20 Director may call meetings section 201-1
this section is a replaceable rule
21 Request by members for directors to call general meetings section 201-5
22 When must directors comply with members ' request? section 201-10
23 When must a requested meeting be held? section 201-15
24 Amount of notice for general meeting section 201-20
25 Notice of general meeting to members, officers and observers section 201-25
subsections (2) , (5) and (6) are replaceable rules
26 Auditor entitled to notice and other communications section 201-30
27 Contents of notice of general meeting section 201-35
28 Members ' resolutions section 201-40
29 Notice of members ' resolutions section 201-45
30 Members ' statements to be distributed section 201-50
31 Purpose section 201-55
32 Time and place for general meeting section 201-60
33 Technology section 201-65
34 Quorum section 201-70
subsections (1) , (2) , (5) and (6) are replaceable rules
35 Chairing general meeting section 201-75
this section is a replaceable rule
36 Auditor ' s right to be heard at general meetings section 201-80
37 Adjourned meetings section 201-85
subsection (2) is a replaceable rule
38 Who may appoint a proxy section 201-90
this section is a replaceable rule
39 Rights of proxies section 201-95
40 Appointing a proxy section 201-100
41 Proxy documents section 201-105
42 Body corporate representative section 201-110
43 How many votes a member has section 201-115
this section is a replaceable rule
44 Objections to right to vote section 201-120
this section is a replaceable rule
45 How voting is carried out section 201-125
this section is a replaceable rule
46 Matters on which a poll may be demanded section 201-130
47 When a poll is effectively demanded section 201-135
48 When and how polls must be taken section 201-140
this section is a replaceable rule
49 Corporation must hold first general meeting within 3 months of registration section 201-145
50 Corporation must hold AGM section 201-150
51 Extension of time for holding AGM section 201-155
52 Business of AGM section 201-160
53 Questions and comments by members on corporation management at AGM section 201-165
54 Questions by members of auditors at AGM section 201-170
55 Circulating resolutions section 204-1
56 Resolutions of 1 member corporations section 204-5
57 Constitution to provide for meetings section 212-1
58 Calling directors ' meetings section 212-5
this section is a replaceable rule
59 Use of technology section 212-10
60 Chairing directors ' meetings section 212-15
this section is a replaceable rule
61 Quorum at directors ' meetings section 212-20
62 Passing of directors ' resolutions section 212-25
this section is a replaceable rule
63 Circulating resolutions of corporation with more than 1 director section 215-1
this section is a replaceable rule
64 Resolutions and declarations of 1 director corporation section 215-5
65 Minutes section 220-5
66 Members ' access to minutes section 220-10
  Chapter 6 - Officers  
67 Minimum number of directors section 243-1
68 Maximum number of directors section 243-5
69 Eligibility for appointment as a director section 246-1
70 Majority of director requirements section 246-5
71 Consent to act as director section 246-10
72 Corporation may appoint a director section 246-15
this section is a replaceable rule
73 Directors may appoint other directors to make up a quorum section 246-20
this section is a replaceable rule
74 Term of appointment section 246-25
subsections (1) and (3) are replaceable rules
75 Alternate directors section 246-30
this section is a replaceable rule
76 How does a person cease to be a director? section 249-1
77 Director may resign section 249-5
subsection (2) is a replaceable rule
78 Removal by members section 249-10
79 Removal by other directors section 249-15
80 Remuneration section 252-1
81 How a secretary or contact person is appointed section 257-20
82 Terms and conditions of office for secretaries section 257-45
this section is a replaceable rule
83 Terms and conditions of contact person ' s appointment section 257-50
this section is a replaceable rule
84 Duties in relation to disclosure of, and voting on matters involving, material personal interests Division 268
85 Powers of directors section 274-1
this section is a replaceable rule
86 Negotiable instruments section 274-5
this section is a replaceable rule
87 Delegation section 274-10
88 Right of access to corporation books section 274-15
89 Member approval needed for related party benefit Part 6-6

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