CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 220.5 Minutes

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 220.5

  (1)   An Aboriginal and Torres Strait Islander corporation must keep minute books in which it records within 1 month:

  (a)   proceedings and resolutions of general meetings; and

  (b)   proceedings and resolutions of directors' meetings (including meetings of a committee of directors); and

  (c)   resolutions passed by members without a meeting; and

  (d)   resolutions passed by directors without a meeting; and

  (e)   if the corporation has only 1 director--the making of declarations by the director.

Penalty:   10 penalty units.

Note:   For resolutions and declarations without meetings, see Divisions   204 and 215.

  (2)   The minutes of the whole, or a part, of the meeting may be kept:

  (a)   in writing; or

  (b)   by means of an audio, or audio - visual, recording.

  (3)   If the minutes of the whole, or a part, of the meeting are kept by means of an audio, or audio - visual, recording of the meeting, the corporation must ensure that, on the recording:

  (a)   each person attending the meeting states his or her name; and

  (b)   if a person attending the meeting holds a proxy--the person states the name of the person for whom the person is acting as proxy.

Penalty:   10 penalty units.

  (4)   If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept in writing, the corporation must ensure that either:

  (a)   the chair of the meeting; or

  (b)   the chair of the next meeting;

signs those minutes within a reasonable time after the first meeting.

Penalty:   10 penalty units.

  (5)   If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept by means of an audio, or audio - visual, recording, the corporation must ensure that either:

  (a)   the chair of the meeting; or

  (b)   the chair of the next meeting;

signs a declaration under subsection   (6) within a reasonable time after the first meeting.

Penalty:   10 penalty units.

  (6)   The declaration under this subsection must:

  (a)   identify the audio, or audio - visual, recording; and

  (b)   if the recording is not a recording of the whole of the meeting--identify the part of the meeting that is recorded; and

  (c)   declare that the recording constitutes the minutes of the meeting or that part of the meeting.

  (7)   The corporation must ensure that minutes of the passing of a resolution without a meeting are signed by a director within a reasonable time after the resolution is passed.

Penalty:   10 penalty units.

  (8)   The director of an Aboriginal and Torres Strait Islander corporation with only 1 director must sign the minutes of the making of a declaration by the director within a reasonable time after the declaration is made.

Penalty:   10 penalty units.

  (9)   An Aboriginal and Torres Strait Islander corporation must keep its minute books at:

  (a)   its registered office if it is registered as a large corporation; or

  (b)   its document access address if it is registered as a small or medium corporation.

Penalty:   10 penalty units.

  (10)   An offence against subsection   (1), (3), (4), (5), (7), (8) or (9) is an offence of strict liability.

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

  (11)   A minute that is recorded and signed in accordance with this section is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proved.