Corporations (Aboriginal and Torres Strait Islander) Act 2006
Suspicion of non-compliance with the Act or financial irregularity
439-20(1)
If the Registrar suspects on reasonable grounds that: (a) an Aboriginal and Torres Strait Islander corporation has failed to comply with a provision of this Act or the corporation ' s constitution; or (b) there has been an irregularity in the affairs of an Aboriginal and Torres Strait Islander corporation;
the Registrar may, by notice in writing to the corporation or to each director, require the directors to take the action specified in the notice, within the period specified in the notice, for the purpose of complying with the Act or the constitution or remedying the irregularity, as the case may be.
439-20(2)
A notice under subsection (1) is not a legislative instrument.
Suspicion that there may be grounds to appoint a special administrator
439-20(3)
If the Registrar suspects on reasonable grounds that: (a) circumstances exist in relation to an Aboriginal and Torres Strait Islander corporation; and (b) those circumstances constitute, or may constitute, grounds for determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration;
the Registrar may, by notice in writing, require the directors of the corporation to take the action specified in the notice, within the period specified in the notice, for the purpose of causing those circumstances to cease to exist.
439-20(4)
A notice under subsection (3) is not a legislative instrument.
Suspicion that circumstances may occur or develop that would constitute grounds to appoint a special administrator
439-20(5)
If the Registrar suspects on reasonable grounds that: (a) circumstances are likely to occur or develop in relation to an Aboriginal and Torres Strait Islander corporation; and (b) if those circumstances were to occur or develop, they would constitute, or may constitute, grounds for determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration;
the Registrar may, by notice in writing, require the directors of the corporation to take the action specified in the notice, within the period specified in the notice, for the purpose of preventing those circumstances from occurring or developing.
439-20(6)
A notice under subsection (5) is not a legislative instrument.
Issue of notice does not preclude Registrar taking other action under this Act
439-20(7)
If a notice has been issued by the Registrar under this section then, regardless of whether the period specified in the notice has expired or not, the Registrar may take any other action under this Act in relation to the corporation that the Registrar thinks appropriate.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
