Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-2 - MEMBERS  

Division 150 - How does a person cease to be a member of an Aboriginal and Torres Strait Islander corporation?  

Subdivision 150-C - Cancellation of membership  

SECTION 150-15   GENERAL  
Eligibility for membership etc.

150-15(1)    

Section 150-20 is a replaceable rule for Aboriginal and Torres Strait Islander corporations other than registered native title bodies corporate that provides a model for the cancellation of membership on the grounds of ineligibility for membership or failure to pay fees.

Note:

As a replaceable rule, section 150-20 can be modified or replaced by an Aboriginal and Torres Strait Islander corporation and replaced in whole or in part by a provision that suits the corporation ' s particular circumstances (subject to the internal governance rules requirements).

150-15(1A)    

Section 150-22 provides for cancellation of membership of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate on the grounds of ineligibility for membership or failure to pay fees. If membership of such a corporation is to be cancelled on either of these grounds, the only way the membership may be cancelled is as provided for in section 150-22 .

Specific grounds for cancellation of membership

150-15(2)    
Sections 150-25 , 150-30 and 150-35 deal with cancellation of membership on the grounds that:

(a)    the member is uncontactable (see section 150-25 ); and

(b)    the member is not an Aboriginal and Torres Strait Islander person (see section 150-30 ); and

(c)    the member has misbehaved (see section 150-35 ). If a membership is to be cancelled on any of the grounds set out in these sections, the only way the membership may be cancelled is as provided for in the applicable section.

Registered native title body corporate constitution may not include other grounds for cancellation

150-15(2A)    

The constitution of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate must not provide for cancellation of membership on any other ground.

Note:

An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187-5 ).

Register to be amended within 14 days of membership being cancelled

150-15(3)    
Within 14 days after the cancellation of membership, the corporation must remove the member ' s name from the register of members as a current member of the corporation.

Penalty: 5 penalty units.

150-15(4)    
An offence against subsection (3) is an offence of strict liability.

Note:

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