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 69 - Constitutions and amendment and replacement of constitutions  

Subdivision 69-B - Constitutional changes after registration  

SECTION 69-20   CORPORATION TO LODGE COPY OF CONSTITUTIONAL CHANGES  

69-20(1)    
If no requirement of a kind mentioned in section 69-15 is specified in the corporation ' s constitution, within 28 days after the special resolution is passed, the corporation must lodge with the Registrar:

(a)    a copy of the special resolution; and

(b)    a copy of those parts of the minutes of the meeting at which the special resolution was passed that relate to the passing of the special resolution; and

(c)    a directors ' statement (see subsection (5) ); and

(d)    a copy of the constitutional change.

Penalty: 5 penalty units.


69-20(2)    
If a constitutional change is not to have effect until a requirement specified in the corporation ' s constitution has been complied with, the corporation must lodge the documents referred to in subsection (1) in addition to proof that the requirement has been met within 28 days after the requirement has been met.

Penalty: 5 penalty units.


69-20(3)    
An offence against subsection (1) or (2) is an offence of strict liability.

Note:

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

69-20(4)    
The Registrar may direct the corporation to lodge a consolidated copy of the corporation ' s constitution. The consolidation must set out the constitution as it will be if the Registrar registers the constitutional change.

69-20(5)    
A directors ' statement is a statement signed by:

(a)    2 directors of the corporation; or

(b)    if there is only 1 director - that director;

to the effect that the special resolution was passed in accordance with the internal governance rules.

Note:

A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection (1) or (2) . See sections 265-40 and 386-10 .
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