CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 42.10 Members, directors, corporation secretary and contact person of corporation

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 42.10

Persons become members on registration

  (1)   A person becomes a member of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if:

  (a)   the corporation was registered as a result of an application made under section   21 - 1 and the person is specified in the application with the person's consent as a proposed member of the corporation; or

  (b)   the corporation was registered as a result of an application made under section   22 - 1 for registration of a body corporate as an Aboriginal and Torres Strait Islander corporation under Part   2 - 3 and the person is a member of the body corporate immediately before registration of the corporation; or

  (c)   the corporation was registered as a result of an application made under section   23 - 1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation ) under Part   2 - 3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations ) and the person is a member of any of the amalgamating corporations immediately before the registration of the amalgamated corporation.

Note:   A member's name must be entered in the register of members (see section   180 - 5).

Persons become directors etc. on registration

  (1A)   A person becomes a director, corporation secretary or contact person of an Aboriginal and Torres Strait Islander corporation on registration of the corporation if the person is specified in the application under section   21 - 1, 22 - 1 or 23 - 1 with his or her consent as a proposed director, corporation secretary or contact person of the corporation.

If no contact person nominated in the application for registration

  (2)   If:

  (a)   an Aboriginal and Torres Strait Islander corporation is registered as a small or medium corporation; and

  (b)   the application for registration does not specify a person to be the contact person for the corporation;

the applicant becomes the contact person for the corporation on registration.

If person nominated in application for registration as contact person without the person's consent

  (3)   If:

  (a)   a person is specified in an application for registration of an Aboriginal and Torres Strait Islander corporation as the contact person for the corporation; and

  (b)   the person is specified without his or her consent; and

  (c)   before registration, the Registrar becomes aware of that fact;

the Registrar may determine, by notice in writing given to the applicant, that the applicant for registration is the contact person for the corporation on registration.

  (4)   A determination under subsection   (3) is not a legislative instrument.