Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 2 - ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

PART 2-3 - DECISIONS ON APPLICATIONS  

Division 26 - Registrar to decide application  

SECTION 26-1   REGISTRAR TO DECIDE APPLICATION  
Registrar to decide

26-1(1)    
The Registrar must make a decision whether or not to grant an application under section 21-1 , 22-1 or 23-1 for registration of an Aboriginal and Torres Strait Islander corporation.

When may Registrar grant application

26-1(2)    
The Registrar may decide to grant the application if:

(a)    an application under section 21-1 , 22-1 or 23-1 has been lodged for registration of the corporation (but see section 26-5 ); and

(b)    if the application is made under section 21-1 - the application is accompanied by the matters set out in section 21-5 (but see section 26-5 ); and

(ba)    if the application is made under section 22-1 - the application is accompanied by the matters set out in section 22-5 (but see section 26-5 ); and

(bb)    if the application is made under section 23-1 - the application is accompanied by the matters set out in section 23-5 (but see section 26-5 ); and

(c)    the Registrar is satisfied that, on registration, the corporation will meet the following basic requirements set out in Division 29 (but see section 26-10 ):

(i) the minimum number of members requirement (see section 29-1 );

(ii) the Indigeneity requirement (see section 29-5 );

(iii) the age of members requirement (see section 29-10 );

(iv) if the application is made under section 21-1 - the pre-incorporation requirement (see section 29-15 );

(iva) if the application is made under section 22-1 - the pre-transfer of registration requirement (see section 29-17 );

(ivb) if the application is made under section 23-1 - the creditor notice requirements (see section 29-18 ) and the pre-amalgamation requirements (see section 29-19 );

(v) the internal governance rules requirement (see section 29-20 );

(vi) the name requirement (see section 29-25 ); and

(d)    section 26-15 does not preclude the registration; and

(e)    the Registrar is satisfied that it is more appropriate that the corporation be registered under this Act than under the Corporations Act or a law of a State or Territory dealing with incorporated bodies; and

(f)    the Registrar is satisfied that registering the corporation would not be contrary to the public interest.

Special rules for amalgamation application under section 23-1

26-1(3)    
Subsections (4) and (5) apply in deciding whether to grant an application under section 23-1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation ) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations ).

26-1(4)    
The Registrar must not grant the application if an objection to the grant of the application has been made under subsection 29-18(3) and the objection has not been withdrawn.

26-1(5)    
In addition to the matters referred to in subsection (2) , the Registrar may have regard to the following matters in deciding whether to grant the application:

(a)    the size and complexity of the operations of the amalgamating corporations;

(b)    whether there are any unresolved disputes:

(i) internal to the operation of any of the amalgamating corporations; or

(ii) between any of the amalgamating corporations and other persons; or

(iii) about whether the amalgamated corporation should replace the amalgamating corporations;

(c)    the extent to which the amalgamating corporations, and the officers of the amalgamating corporations, have complied with this Act and the regulations;

(d)    the nature of any services provided by the amalgamating corporations and the people to whom those services are provided;

(e)    the capacity of the amalgamating corporations, and their officers, to make an application to the Court for orders under Part 5.1 of the Corporations Act (as applied by Division 45 of this Act);

(f)    whether it would be desirable for a court to supervise the process of the amalgamated corporation replacing the amalgamating corporations;

(g)    whether the amalgamating corporations have different member liability arrangements;

(h)    any other matter the Registrar considers relevant.

Note:

If the Registrar decides not to grant the application, the amalgamation may be able to be achieved by applying to the Court for orders under Part 5.1 of the Corporations Act (as applied by section 45-1 of this Act).