Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 3 - BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION

PART 3-2 - RULES DEALING WITH THE INTERNAL GOVERNANCE OF CORPORATIONS

Division 57 - Introduction

SECTION 57-5

57-5 LIST OF INTERNAL GOVERNANCE RULES

The following table sets out the main provisions of this Act that deal with the internal governance of Aboriginal and Torres Strait Islander corporations. The table indicates those rules that operate as replaceable rules and Division 60 tells you how replaceable rules operate.

Item	Subject of provision	Provision
	Chapter 3 - Basic features of an Aboriginal and Torres Strait Islander corporation
1A	Resolution of internal disputes	subsection 66-1(3A)
1B	Resolution of disputes with persons who are or who claim to be common law holders	subsection 66-1(3B)
	Chapter 4 - Members and observers
1C	Eligibility requirements for membership of registered native title body corporate	section 141-25
1	How does a person become a member?	section 144-1
2	Application to corporation	section 144-5 subsection (2) is a replaceable rule
3	Determination of applications for membership	section 144-10 subsection (7) is a replaceable rule
4	Fees for membership and being an observer	section 144-15
5	Obligation to contribute on winding up	section 147-1
6	Corporation may impose other membership obligations	section 147-5
7	Liability of corporation members	section 147-10
8	Cessation of membership	section 150-1
9	(Repealed No 38 of 2010)
10	Resignation	section 150-10 subsection (2) is a replaceable rule
11	General	section 150-15
12	Member of corporation that is not a registered native title body corporate not eligible for membership etc.	section 150-20 this section is a replaceable rule
12A	Member of registered native title body corporate not eligible for membership etc.	section 150-22
13	Member not contactable	section 150-25
14	Member is not an Aboriginal and Torres Strait Islander person	section 150-30
15	Member misbehaves	section 150-35
16	Different classes of members	section 153-1
17	Observers	section 158-5 subsection (2) is a replaceable rule
18	What protections apply to variations or cancellations of class rights?	Division 172
19	Corporation or directors may allow member to inspect books	section 175-15 this section is a replaceable rule
	Chapter 5 - Meetings
20	Director may call meetings	section 201-1 this section is a replaceable rule
21	Request by members for directors to call general meetings	section 201-5
22	When must directors comply with members ' request?	section 201-10
23	When must a requested meeting be held?	section 201-15
24	Amount of notice for general meeting	section 201-20
25	Notice of general meeting to members, officers and observers	section 201-25 subsections (2) , (5) and (6) are replaceable rules
26	Auditor entitled to notice and other communications	section 201-30
27	Contents of notice of general meeting	section 201-35
28	Members ' resolutions	section 201-40
29	Notice of members ' resolutions	section 201-45
30	Members ' statements to be distributed	section 201-50
31	Purpose	section 201-55
32	Time and place for general meeting	section 201-60
33	Technology	section 201-65
34	Quorum	section 201-70 subsections (1) , (2) , (5) and (6) are replaceable rules
35	Chairing general meeting	section 201-75 this section is a replaceable rule
36	Auditor ' s right to be heard at general meetings	section 201-80
37	Adjourned meetings	section 201-85 subsection (2) is a replaceable rule
38	Who may appoint a proxy	section 201-90 this section is a replaceable rule
39	Rights of proxies	section 201-95
40	Appointing a proxy	section 201-100
41	Proxy documents	section 201-105
42	Body corporate representative	section 201-110
43	How many votes a member has	section 201-115 this section is a replaceable rule
44	Objections to right to vote	section 201-120 this section is a replaceable rule
45	How voting is carried out	section 201-125 this section is a replaceable rule
46	Matters on which a poll may be demanded	section 201-130
47	When a poll is effectively demanded	section 201-135
48	When and how polls must be taken	section 201-140 this section is a replaceable rule
49	Corporation must hold first general meeting within 3 months of registration	section 201-145
50	Corporation must hold AGM	section 201-150
51	Extension of time for holding AGM	section 201-155
52	Business of AGM	section 201-160
53	Questions and comments by members on corporation management at AGM	section 201-165
54	Questions by members of auditors at AGM	section 201-170
55	Circulating resolutions	section 204-1
56	Resolutions of 1 member corporations	section 204-5
57	Constitution to provide for meetings	section 212-1
58	Calling directors ' meetings	section 212-5 this section is a replaceable rule
59	Use of technology	section 212-10
60	Chairing directors ' meetings	section 212-15 this section is a replaceable rule
61	Quorum at directors ' meetings	section 212-20
62	Passing of directors ' resolutions	section 212-25 this section is a replaceable rule
63	Circulating resolutions of corporation with more than 1 director	section 215-1 this section is a replaceable rule
64	Resolutions and declarations of 1 director corporation	section 215-5
65	Minutes	section 220-5
66	Members ' access to minutes	section 220-10
	Chapter 6 - Officers
67	Minimum number of directors	section 243-1
68	Maximum number of directors	section 243-5
69	Eligibility for appointment as a director	section 246-1
70	Majority of director requirements	section 246-5
71	Consent to act as director	section 246-10
72	Corporation may appoint a director	section 246-15 this section is a replaceable rule
73	Directors may appoint other directors to make up a quorum	section 246-20 this section is a replaceable rule
74	Term of appointment	section 246-25 subsections (1) and (3) are replaceable rules
75	Alternate directors	section 246-30 this section is a replaceable rule
76	How does a person cease to be a director?	section 249-1
77	Director may resign	section 249-5 subsection (2) is a replaceable rule
78	Removal by members	section 249-10
79	Removal by other directors	section 249-15
80	Remuneration	section 252-1
81	How a secretary or contact person is appointed	section 257-20
82	Terms and conditions of office for secretaries	section 257-45 this section is a replaceable rule
83	Terms and conditions of contact person ' s appointment	section 257-50 this section is a replaceable rule
84	Duties in relation to disclosure of, and voting on matters involving, material personal interests	Division 268
85	Powers of directors	section 274-1 this section is a replaceable rule
86	Negotiable instruments	section 274-5 this section is a replaceable rule
87	Delegation	section 274-10
88	Right of access to corporation books	section 274-15
89	Member approval needed for related party benefit	Part 6-6

View history note

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.