Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-2 - MEMBERS  

Division 144 - How to become a member of an Aboriginal and Torres Strait Islander corporation  

SECTION 144-10   DETERMINATION OF APPLICATIONS FOR MEMBERSHIP  

144-10(1)    
The directors are responsible for deciding membership applications in respect of an Aboriginal and Torres Strait Islander corporation.

144-10(2)    
The directors must not accept an application for membership of the corporation unless:

(a)    the applicant applies for membership in the required manner; and

(b)    the applicant meets the eligibility for membership requirements of the corporation.

When membership application may be refused

144-10(3)    

Unless the corporation is a registered native title body corporate, the directors may refuse to accept the membership application even if paragraphs (2)(a) and (b) are complied with.

144-10(3A)    

The directors must accept the membership application if:

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

(b)    paragraphs (2)(a) and (b) are complied with.

Circumstances when application not to be accepted

144-10(4)    

Despite subsections (3) and (3A) , the directors must not accept the application if, by accepting the application, the corporation would be in breach of the requirement in section 141-10 (to at all times be complying with the Indigeneity requirement).

If application accepted, entry on the register of members

144-10(5)    
If the directors accept the application, the corporation must enter the member on the register of members. Subject to subsection (8) , the corporation must do so within 14 days of the acceptance.

Penalty: 5 penalty units.

Corporation to give notice if application not accepted

144-10(6)    
If the directors decide not to accept the application, the corporation must notify the person of the decision and the reasons for it.

Notice to be in writing (replaceable rule - see section 60-1)

144-10(7)    
The notice must be in writing.

No admission to membership before a general meeting has been held

144-10(8)    
If:

(a)    the applicant applies for membership after a notice has been given for the holding of a general meeting; and

(b)    the meeting has not been held at the time that the directors consider the application; then the corporation must not enter the person on the register of members until after the general meeting has been held.

Penalty: 5 penalty units.

Note:

An application may be made to exempt the corporation from the requirement of this subsection (see section 187-5 ).

144-10(9)    
An offence against subsection (5) or (8) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .