Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-7 - PUBLIC INFORMATION ABOUT DIRECTORS, SECRETARIES AND CONTACT PERSONS  

Division 304 - Information to be provided  

SECTION 304-5   NOTICE OF NAME AND ADDRESS OF DIRECTORS AND SECRETARIES TO THE REGISTRAR  
New directors or secretaries

304-5(1)    
An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of the personal details of a director, secretary or contact person within 28 days after he or she is appointed.

Note 1:

If a person becomes a director, secretary or contact person under section 42-10 there is no appointment and no notice is required under this subsection.

Note 2:

If a person who was appointed as an alternate director becomes a director under the terms of his or her appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

Penalty: 10 penalty units.

304-5(2)    
Subsection (1) does not apply if a contact person is appointed by the Registrar under section 257-25 .

New alternate directors

304-5(3)    
An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of:

(a)    the personal details of a person who is appointed as an alternate director; and

(b)    the terms of his or her appointment (including terms about when the alternate director is to act as a director);

within 28 days after his or her appointment as an alternate director.

Penalty: 10 penalty units.

304-5(4)    

The personal details of a person who is a director, alternate director, secretary or contact person are:

(a)    the person ' s given and family names; and

(b)    all of the person ' s former given and family names; and

(c)    the person ' s date and place of birth; and

(d)    the person ' s address; and

(e)    the person ' s director identification number, or the fact that the person does not have a director identification number.

Note:

For address see section 304-15 .

Changes in details

304-5(5)    
The corporation must lodge with the Registrar notice of any change in the personal details of a director, alternate director, secretary or contact person within 28 days after the change.

Penalty: 10 penalty units.

Notice required if person stops being a director etc.

304-5(6)    
If a person stops being a director, alternate director, secretary or contact person of the corporation, the corporation must lodge with the Registrar notice of the fact within 28 days.

Penalty: 10 penalty units.

304-5(7)    
Subsection (6) does not apply if the person was an alternate director who stopped being a director in accordance with the terms of his or her appointment as an alternate director.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

304-5(8)    
An offence against subsection (1) , (3) , (5) or (6) is an offence of strict liability.

Note 1:

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

Note 2:

A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection (1) , (3) , (5) or (6) . See sections 265-40 and 386-10 .