CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 546.1 Deregistration--voluntary

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 546.1

Who may apply for deregistration

  (1)   An application to deregister an Aboriginal and Torres Strait Islander corporation may be lodged with the Registrar by:

  (a)   the corporation; or

  (b)   a director or member of the corporation; or

  (c)   a liquidator of the corporation.

If the corporation lodges the application, it must nominate a person to be given notice of the deregistration.

Circumstances in which application can be made

  (2)   A person may apply only if:

  (a)   all the members of the corporation agree to the deregistration; and

  (b)   the corporation is not carrying on business; and

  (c)   the corporation's assets are worth less than $1,000; and

  (d)   the corporation has paid all fees and penalties payable under this Act; and

  (e)   the corporation has no outstanding liabilities; and

  (f)   the corporation is not a party to any legal proceedings.

Registrar may ask for information about officers

  (3)   The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the corporation.

Deregistration procedure

  (4)   If the Registrar is not aware of any failure to comply with subsections   (1) to (3), the Registrar must give notice of the proposed deregistration in the Gazette .

  (5)   A notice in the Gazette is not a legislative instrument.

  (6)   When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.

  (7)   The Registrar must give notice of the deregistration to:

  (a)   the applicant; or

  (b)   the person nominated in the application to be given the notice.