Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS

PART 6-7A - DIRECTOR IDENTIFICATION NUMBERS

History

Pt 6-7A inserted by No 69 of 2020, s 3 and Sch 2 item 5, effective 4 April 2021. No 69 of 2020, s 3 and Sch 2 item 9 contain the following application provisions:

9 Application of amendments
(1)
The amendments of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 made by this Schedule apply on and after the day (the application day ) the Minister appoints, under section 6 of the Commonwealth Registers Act 2020 :
(a) a Commonwealth body (within the meaning of that Act) to be the Registrar (within the meaning of that Act); or
(b) if more than one such body is appointed - such a body with functions and powers in connection with Part 6-7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act.

(2)
If a person was an eligible officer immediately before the application day:
(a) if a period (the transitional application period ) is specified under subsection (3) of this section - section 308-20 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act applies to the person as if:

(i) the reference in subparagraph 308-20(2)(a)(ii) of that Act as so amended to an application period specified by regulations were instead a reference to the transitional application period; and

(ii) references in paragraph 308-20(2)(a) of that Act as so amended to the day the person first became an eligible officer (or an eligible officer within the meaning of the Corporations Act 2001 ) were instead references to the day the transitional application period came into effect; and

(b) until the transitional application period comes into effect - section 308-20 of that Act as so amended does not apply to the person.

(3)
The Minister may, by legislative instrument, specify the transitional application period for the purposes of subsection (2).

(4)
If a person:
(a) was not an eligible officer immediately before the application day; and
(b) becomes an eligible officer within the 12 month period starting on the application day;
section 308-20 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act applies to the person as if a period of 28 days were the application period specified in regulations made for the purposes of subparagraph 308-20(2)(a)(ii) of that Act as so amended.

SECTION 308-15 ELIGIBLE OFFICERS

View history reference

308-15(1)
An eligible officer is:

(a) a director of an Aboriginal and Torres Strait Islander corporation who:

(i) is appointed to the position of a director; or

(ii) is appointed to the position of an alternate director and is acting in that capacity;

regardless of the name that is given to that position; or

(b) any other officer of an Aboriginal and Torres Strait Islander corporation who is an officer of a kind prescribed by the regulations;

but does not include a person covered by a determination under subsection (2) or (3) .

308-15(2)
The Commonwealth Registrar may determine that a particular person is not an eligible officer . The Commonwealth Registrar must notify the person of the determination.

308-15(3)
The Commonwealth Registrar may, by legislative instrument, determine that a class of persons are not eligible officers .

View history note

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