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 66 - What are the internal governance Rrules requirements?  

SECTION 66-1   REQUIREMENTS  

66-1(1)    
The following are the internal governance rules requirements for an Aboriginal and Torres Strait Islander corporation.

66-1(2)    
The corporation must have a constitution written in English that sets out the corporation ' s objects.

66-1(3)    
The corporation ' s constitution must cover the matters that this Act specifies must be covered in the corporation ' s constitution.

66-1(3A)    
The corporation ' s constitution must provide for the resolution of disputes internal to the operation of the corporation.

66-1(3B)    

If:

(a)    the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or

(b)    the corporation is a registered native title body corporate;

the corporation ' s constitution must provide for the resolution of disputes between the corporation and a person who is or who claims to be a common law holder of native title (whether or not the person is a member of the corporation) in relation to:

(c)    whether or not the person is a common law holder of native title; or

(d)    the corporation ' s performance of its functions under the Native Title legislation.

66-1(4)    
The internal governance rules must cover the matters that are provided for in the replaceable rules (see section 66-5 ).

66-1(5)    
The internal governance rules must also be:

(a)    internally consistent; and

(b)    adequate and workable, given the context in which the corporation operates; and

(c)    consistent with this Act; and

(d)    

consistent with the Native Title legislation if:

(i) the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or

(ii) the corporation is a registered native title body corporate.

66-1(6)    
The corporation must meet the requirements at all times after registration.

Note 1:

An application for registration of an Aboriginal and Torres Strait Islander corporation may not be successful unless the corporation, on registration, is complying with the requirements (see section 29-20 ).

Note 2:

If an Aboriginal and Torres Strait Islander corporation is making a change to its constitution and the Registrar is of the opinion that the corporation ' s internal governance rules, after the change, would not comply with the internal governance rules requirements, the Registrar may refuse to register the change (see section 69-30 ).