Corporations (Aboriginal and Torres Strait Islander) Act 2006
Corporation wants to change its constitution
69-5(1)
For an Aboriginal and Torres Strait Islander corporation to change its constitution, the following steps must be complied with: (a) the corporation must pass a special resolution effecting the change; (b) if, under the corporation ' s constitution, there are further steps that must also be complied with to make a constitutional change - those steps must be complied with (see section 69-15 ); (c) the corporation must lodge certain documents (see section 69-20 ); (d) the Registrar must make certain decisions in respect of the constitutional change and, if appropriate, must register the change (see section 69-30 ).
Note:
The constitutional change takes effect when it is registered (see section 69-40 ).
Court may change a constitution
69-5(2)
The court may also change an Aboriginal and Torres Strait Islander corporation ' s constitution (see section 166-5 ).
Note:
The constitutional change takes effect as provided for in paragraph 69-40(b) .
Registrar may change a constitution
69-5(3)
The Registrar may also change an Aboriginal and Torres Strait Islander corporation ' s constitution (see section 69-35 ).
Note 1:
If the Registrar changes a constitution under section 69-35 , the steps subsection in (1) of this section do not apply.
Note 2:
The constitutional change takes effect when it is registered (see section 69-40 ).
Special administrator may change a constitution
69-5(4)
A special administrator for an Aboriginal and Torres Strait Islander corporation may also change the corporation ' s constitution (see section 499-5 ).
Note 1:
If the special administrator changes a constitution under section 499-5 , the steps in paragraphs (1)(a) , (b) and (c) of this section do not apply (but the administrator must lodge the change with the Registrar under section 69-25 and the Registrar must take the steps in section 69-30 ).
Note 2:
The constitutional change takes effect when it is registered (see section 69-40 ).
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