Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS

PART 6-4 - DUTIES AND POWERS OF DIRECTORS AND OTHER OFFICERS AND EMPLOYEES

Division 265 - General duties

SECTION 265-40 RESPONSIBILITY OF SECRETARIES FOR CERTAIN CONTRAVENTIONS

Responsibilities of secretaries

265-40(1)
A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions:

(a) subsection 69-20(1) or (2) (requirement to lodge copy of constitutional changes);

(b) section 88-1 (requirement to lodge material about change of name);

(c) subsection 112-5(5) , (6) or (7) (requirements about registered office);

(d) section 180-35 (requirement to give copy of register of members or register of former members);

(e) subsection 304-5(1) , (3) , (5) or (6) (requirement to lodge details of directors and secretaries);

(f) section 330-10 (requirement to lodge general report);

(g) section 348-1 (requirement to lodge annual report).

Note:

This subsection is a civil penalty provision (see section 386-1 ).

Defence of reasonable steps

265-40(2)
A person does not contravene subsection (1) in relation to a corporation ' s contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.

View history note

History

S 265-40 substituted by No 180 of 2012, s 3 and Sch 6 item 11, applicable in relation to an act or omission by a body corporate occurring on or after 11 December 2012. S 265-40 formerly read:

SECTION 265-40 RESPONSIBILITY OF SECRETARIES FOR CERTAIN CONTRAVENTIONS
265-40(1)
A secretary of an Aboriginal and Torres Strait Islander corporation commits an offence if the corporation contravenes:
(a) subsection 69-20(1) or (2) (requirement to lodge copy of constitutional changes); or
(b) section 88-1 (requirement to lodge material about change of name); or
(c) subsection 112-5(5), (6) or (7) (requirements about registered office); or
(d) section 180-35 (requirement to give copy of register of members or register of former members); or
(e) subsection 304-5(1), (3), (5) or (6) (requirement to lodge details of directors and secretaries); or
(f) section 330-10 (requirement to lodge general report); or
(g) section 348-1 (requirement to lodge annual report).
Penalty: 5 penalty units.

265-40(2)
An offence based on subsection (1) is an offence of strict liability.
Note:

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

265-40(3)
A person does not contravene subsection (1) if they show that they took all reasonable steps to ensure that the corporation complied with the section.
Note:

A defendant bears a legal burden in relation to a matter mentioned in subsection (3) (see section 13.4 of the Criminal Code ).

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