Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 15 - ADMINISTRATION  

PART 15-6 - REGULATIONS  

Division 633 - Regulations  

SECTION 633-5   REGULATIONS CONCERNING REGISTERED NATIVE TITLE BODIES CORPORATE  
Regulations concerning registered native title bodies corporate generally

633-5(1)    
Without limiting section 633-1 , the regulations may modify any of the provisions of this Act (other than subsections (8) and (9) of this section) as they relate to a registered native title body corporate.

Regulations concerning registered native title bodies corporate and special administrators

633-5(2)    
Without limiting subsection (1) , the regulations may modify the operation of:

(a)    Division 499 ; and

(b)    the provisions of the Corporations Act (as applied by section 499-10 );

in relation to the functions, duties and powers of a special administrator for a registered native title body corporate.

633-5(3)    
Without limiting subsection (1) , the regulations may make provision for the manner in which a special administrator for a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations concerning registered native title bodies corporate and receivers or liquidators

633-5(4)    
Without limiting subsection (1) , regulations made for the purposes of paragraph 516-1(2)(b) may modify the operation of the Corporations Act receiver provisions in relation to the functions, duties and powers of a receiver or controller of property of a registered native title body corporate.

633-5(5)    
Without limiting subsection (1) , the regulations may make provision for the manner in which a receiver or controller of property of a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations concerning registered native title bodies corporate and administrators

633-5(6)    
Without limiting subsection (1) , regulations made for the purposes of paragraph 521-1(2)(b) may modify the operation of the Corporations Act administration provisions in relation to the functions, duties and powers of an administrator appointed under those provisions for a registered native title body corporate.

633-5(7)    
Without limiting subsection (1) , the regulations may make provision for the manner in which an administrator appointed under those provisions for a registered native title body corporate is to exercise his or her powers in relation to the body corporate.

Regulations must not increase criminal penalties etc.

633-5(8)    
Regulations made for the purposes of subsection (1) must not:

(a)    increase, or have the effect of increasing, the maximum penalty for any offence; or

(b)    widen, or have the effect of widening, the scope of any offence.

Consistency with Native Title legislation obligations

633-5(9)    
To avoid doubt, regulations that modify this Act in relation to a registered native title body corporate, must not be inconsistent with the Native Title legislation obligations.