Corporations (Aboriginal and Torres Strait Islander) Act 2006
The Court can make any order under this section that it considers appropriate in relation to the corporation, including the following: (a) an order that the corporation be wound up; (b) an order that the corporation ' s existing constitution be modified or repealed and replaced; (c) an order regulating the conduct of the corporation ' s affairs in the future; (d) an order for the corporation to institute, prosecute, defend or discontinue specified proceedings; (e) an order appointing a receiver, or a receiver and manager, of any or all of the corporation ' s property; (f) an order restraining a person from engaging in specified conduct or from doing a specified act; (g) an order requiring a person to do a specified act.
Order that the corporation be wound up
166-5(2)
If an order that the corporation be wound up is made under this section, the provisions of this Act relating to the winding up of Aboriginal and Torres Strait Islander corporations apply: (a) as if the order were made under section 526-1 ; and (b) with such changes as are necessary. Without limiting this, section 526-35 (which applies certain provisions of the Corporations Act ) applies to the winding up.
Changes to constitution made after order that are inconsistent with the Court ordered change
166-5(3)
If: (a) the constitution of the corporation is changed by an order made under this section; and (b) after the order, a change to the constitution is proposed; and (c) the proposed change is inconsistent with the change made by the order; the Registrar must not register the proposed change unless: (d) the order states that the constitution can be changed; or (e) the leave of the court is obtained by:
(i) in any case - the Registrar; or
(ii) if the change is not to be made under section 69-35 - the corporation.
Note:
See section 69-10 for the meaning of changed in relation to an Aboriginal and Torres Strait Islander corporation ' s constitution.
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