CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 66.1 Requirements

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 66.1

  (1)   The following are the internal governance rules requirements for an Aboriginal and Torres Strait Islander corporation.

  (2)   The corporation must have a constitution written in English that sets out the corporation's objects.

  (3)   The corporation's constitution must cover the matters that this Act specifies must be covered in the corporation's constitution.

  (3A)   The corporation's constitution must provide for the resolution of disputes internal to the operation of the corporation.

  (3B)   If:

  (a)   the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or

  (b)   the corporation is a registered native title body corporate;

the corporation's constitution must provide for the resolution of disputes between the corporation and a person who is or who claims to be a common law holder of native title (whether or not the person is a member of the corporation) in relation to:

  (c)   whether or not the person is a common law holder of native title; or

  (d)   the corporation's performance of its functions under the Native Title legislation.

  (4)   The internal governance rules must cover the matters that are provided for in the replaceable rules (see section   66 - 5).

  (5)   The internal governance rules must also be:

  (a)   internally consistent; and

  (b)   adequate and workable, given the context in which the corporation operates; and

  (c)   consistent with this Act; and

  (d)   consistent with the Native Title legislation if:

  (i)   the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or

  (ii)   the corporation is a registered native title body corporate.

  (6)   The corporation must meet the requirements at all times after registration.

Note 1:   An application for registration of an Aboriginal and Torres Strait Islander corporation may not be successful unless the corporation, on registration, is complying with the requirements (see section   29 - 20).

Note 2:   If an Aboriginal and Torres Strait Islander corporation is making a change to its constitution and the Registrar is of the opinion that the corporation's internal governance rules, after the change, would not comply with the internal governance rules requirements, the Registrar may refuse to register the change (see section   69 - 30).