Corporations (Aboriginal and Torres Strait Islander) Act 2006
Subject to subsection (2) , the Court may make an order under section 166-5 if: (a) the conduct of an Aboriginal and Torres Strait Islander corporation ' s affairs; or (b) an actual or proposed act or omission by or on behalf of an Aboriginal and Torres Strait Islander corporation; or (c) a resolution, or a proposed resolution, of members or a class of members of an Aboriginal and Torres Strait Islander corporation; is either: (d) contrary to the interests of the members as a whole; or (e) oppressive to, unfairly prejudicial to or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.
166-1(2)
If the corporation is a registered native title body corporate, the Court must not make an order under subsection 166-5(1) on the basis of: (a) an act (or omission from doing an act); or (b) a proposed act (or omission from doing an act); if an officer or employee of the corporation does (or refrains from doing), or proposes to do (or refrain from doing), the act: (c) in good faith; and (d) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.
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