Corporations (Aboriginal and Torres Strait Islander) Act 2006

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

PART 3-3 - MINIMUM NUMBER OF MEMBERS OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

Division 77 - Minimum number of members of Aboriginal and Torres Strait Islander corporations  

SECTION 77-5   MINIMUM NUMBER OF MEMBERS REQUIREMENT  
Minimum number of members

77-5(1)    
An Aboriginal and Torres Strait Islander corporation must have the following minimum number of members:

(a)    at least 5 members; or

(b)    the lesser number of members determined under subsection (2) , (3) or (4) .

Request in application for registration for exemption from at least 5 members

77-5(2)    
If:

(a)    an application for registration of an Aboriginal and Torres Strait Islander corporation is to be made; and

(b)    the corporation is to have fewer than 5 members;

the applicant for registration must, in the application under section 21-1 , request that the Registrar:

(c)    exempt the corporation from having at least 5 members; and

(d)    determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if determination under subsection (2) is in force

77-5(3)    
If:

(a)    the Registrar has determined a lesser number of members under subsection (2) in respect of an Aboriginal and Torres Strait Islander corporation and the determination is in force; and

(b)    after registration of the corporation, the corporation wants to have fewer members than the number determined;

the corporation may request the Registrar in writing to:

(c)    exempt the corporation from having the number previously determined; and

(d)    determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if no determination under subsection (2) is in force

77-5(4)    
If:

(a)    an Aboriginal and Torres Strait Islander corporation is required to have at least 5 members; and

(b)    after registration of the corporation, the corporation wants to have fewer than 5 members;

the corporation may request the Registrar in writing to:

(c)    exempt the corporation from having at least 5 members; and

(d)    determine the corporation to have the lesser minimum number of members specified in the application.