CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 220.10 Members' access to minutes

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 220.10

  (1)   An Aboriginal and Torres Strait Islander corporation that is registered as a large corporation must make available for inspection by members, at its registered office, the minute books for the meetings of its members and for resolutions of members passed without meetings. The books must be made available for inspection each business day from at least 10 am to 12 noon and from at least 2 pm to 4 pm.

Note:   Failing to comply with this subsection is an offence under section   376 - 1.

  (2)   An Aboriginal and Torres Strait Islander corporation that is registered as a small or medium corporation must make available for inspection by members, at its document access address, the minute books for the meetings of its members and for resolutions of members passed without meetings. The books must be made available within 7 days of a member's written request for inspection.

Note:   Failing to comply with this subsection is an offence under section   376 - 1.

  (3)   A corporation must make minutes available under subsections   (1) and (2) free of charge.

Penalty:   5 penalty units.

  (4)   A member of an Aboriginal and Torres Strait Islander corporation may ask the corporation in writing for a copy of:

  (a)   any minutes of a meeting of the corporation's members or an extract of the minutes; or

  (b)   any minutes of a resolution passed by members without a meeting.

Note:   The member may ask the corporation for an English translation under subsection   376 - 5(3) if the minutes are not in the English language.

  (5)   If the corporation does not require the member to pay for the copy, the corporation must send it:

  (a)   within 14 days after the member asks for it; or

  (b)   within any longer period that the Registrar approves.

Penalty:   5 penalty units.

  (6)   If the corporation requires payment for the copy, the corporation must send it:

  (a)   within 14 days after the corporation receives the payment; or

  (b)   within any longer period that the Registrar approves.

The amount of any payment the corporation requires cannot exceed the prescribed amount.

Penalty:   5 penalty units.

  (7)   An offence against subsection   (3), (5) or (6) is an offence of strict liability.

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