Personal Liability for Corporate Fault Reform Act 2012 (180 of 2012)

Schedule 6   Other Acts amended

Corporations (Aboriginal and Torres Strait Islander) Act 2006

11   Section 265-40

Repeal the section, substitute:

265-40 Responsibility of secretaries for certain contraventions

Responsibilities of secretaries

(1) A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions:

(a) subsection 69-20(1) or (2) (requirement to lodge copy of constitutional changes);

(b) section 88-1 (requirement to lodge material about change of name);

(c) subsection 112-5(5), (6) or (7) (requirements about registered office);

(d) section 180-35 (requirement to give copy of register of members or register of former members);

(e) subsection 304-5(1), (3), (5) or (6) (requirement to lodge details of directors and secretaries);

(f) section 330-10 (requirement to lodge general report);

(g) section 348-1 (requirement to lodge annual report).

Note: This subsection is a civil penalty provision (see section 386-1).

Defence of reasonable steps

(2) A person does not contravene subsection (1) in relation to a corporation's contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.