Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 9 - LODGMENTS AND REGISTERS  

PART 9-2 - LODGMENTS WITH THE REGISTRAR  

Division 404 - What is the form in which documents may be lodged?  

SECTION 404-15   RELODGING OF LOST REGISTERED DOCUMENTS  

404-15(1)    
If:

(a)    a document forming part of the constitution of an Aboriginal and Torres Strait Islander corporation; or

(b)    any other document relating to an Aboriginal and Torres Strait Islander corporation;

has, since being lodged, been lost or destroyed, a person may apply to the Registrar for leave to lodge a copy of the document as originally lodged.

404-15(2)    
The Registrar may direct that notice of the application be given to such persons and in such manner as the Registrar thinks fit.

404-15(3)    
A direction under subsection (2) is not a legislative instrument.

404-15(4)    
If the Registrar is satisfied:

(a)    that a document (the original ) that was lodged has been lost or destroyed; and

(b)    of the date of the lodging of the original; and

(c)    that a copy of the original produced to the Registrar is a correct copy;

the Registrar may:

(d)    certify on the copy that he or she is so satisfied; and

(e)    grant leave for the copy to be lodged in the manner required by law in respect of the original.

404-15(5)    
Subsection (4) operates whether or not an application has been made under subsection (1) .

404-15(6)    
Upon the lodgment, the copy has, and is taken to have had from the date specified in the certificate as the date of the lodging of the original, the same force and effect for all purposes as the original.

404-15(7)    

A decision of the Administrative Review Tribunal varying or setting aside a decision of the Registrar to certify and grant leave under subsection (4) may be lodged with the Registrar and is to be registered by the Registrar. However, no payments, contracts, dealings, acts or things made, had or done in good faith before the registration of the Tribunal ' s decision, and upon the faith of and in reliance upon the certificate, are to be invalidated or affected by the Tribunal ' s decision.

404-15(8)    
A certification under subsection (4) is not a legislative instrument.