Australian Indigenous Law Reporter
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Australian Indigenous Law Reporter |
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Act No 124 of 2006
Assented to 4 November 2006
The Parliament of Australia intends that the following law will take effect according to its terms and be a special law for the descendants of the original inhabitants of Australia.
The law is intended, for the purposes of paragraph 4 of Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination and the Racial Discrimination Act 1975, to be a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders.
…
6-1 Overview of Act
(1) This Act primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander corporations.
(2) It also provides for the Registrar and the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations.
6-5 Aboriginal and Torres Strait Islander corporations
(1) Chapter 2 provides for an application to be made to the Registrar for registration of an Aboriginal and Torres Strait Islander corporation.
(2) There are a number of registration requirements that must be met before the Registrar may register an Aboriginal and Torres Strait Islander corporation.
(3) Chapter2 also deals with the effects of registration of an Aboriginal and Torres Strait Islander corporation on the corporation’s members, officers, contact persons and registered office.
6-10 Basic features of an Aboriginal and Torres Strait Islander corporation
(1) Chapter 3 deals with the basic features of an Aboriginal and Torres Strait Islander corporation. It covers matters such as the corporation’s name, constitution and other rules applying to the corporation and the corporation’s registered office or address for document access.
(2) Chapter 3 also provides for the assumptions that people who deal with an Aboriginal and Torres Strait Islander corporation can make in those dealings.
6-15 Members and observers
(1) Chapter 4 sets out some rules for membership of an Aboriginal and Torres Strait Islander corporation and some rules about cancelling the membership of members of the corporation. Aboriginal and Torres Strait Islander corporations have members (as opposed to shareholders) and they may also have persons who observe the operation of the corporation’s meetings (observers).
(2) Chapter 4 also deals with the register of members that the corporation is required to keep, and with protection of the rights and interests of members of the corporation.
6-20 Meetings
(1) Chapter 5 sets out some rules for the calling and holding of general meetings and annual general meetings of an Aboriginal and Torres Strait Islander corporation.
(2) Chapter 5 also deals with rules concerning directors’ meetings.
6-25 Officers
(1) Chapter 6 deals with officers and contact persons of an Aboriginal and Torres Strait Islander corporation.
(2) Importantly, Chapter 6 also deals with the duties of officers and their disqualification for breaches of those duties.
6-30 Record keeping, reporting requirements and books
(1) Chapter 7 deals with the reporting requirements that are imposed on an Aboriginal and Torres Strait Islander corporation. An Aboriginal and Torres Strait Islander corporation may have to lodge a general report and may also have to lodge financial reports (depending on the corporation’s size etc.).
(2) Chapter 7 also deals with the books of an Aboriginal and Torres Strait Islander corporation.
6-35 Civil consequences of contravening civil penalty provisions
Chapter 8 deals with the civil consequences of an officer breaching a duty imposed by this Act.
Note: The criminal consequences are dealt with in Chapter 6.
6-40 Lodgments and registers
(1) Chapter 9 deals with the requirement to lodge certain documents with the Registrar.
(2) Chapter 9 also deals with the registers that the Registrar may, or is required to, keep. Information on these registers is available to the public.
6-45 Regulation and enforcement
(1) Chapter 10 deals with a number of regulatory powers that the Registrar may use in the regulation of Aboriginal and Torres Strait Islander corporations.
(2) Chapter 10 also deals with the Registrar’s powers of enforcement and the protection of whistleblowers.
6-50 External administration
(1) Chapter 11 deals with the administration of an Aboriginal and Torres Strait Islander corporation by persons outside the corporation (for example, in a winding up).
(2) Importantly, the Registrar may appoint a special administrator for an Aboriginal and Torres Strait Islander corporation in circumstances that are vital to the continued viability of the corporation. The special administrator differs from an ordinary administrator.
6-55 Transfer of registration, deregistration and unclaimed property
Chapter 12 deals with:
(a) the transfer of an Aboriginal and Torres Strait Islander corporation’s registration to another Commonwealth, State or Territory system; and
(b) the deregistration of an Aboriginal and Torres Strait Islander corporation; and
(c) unclaimed property of an Aboriginal and Torres Strait Islander corporation that has been deregistered.
6-60 Offences
Chapter 13 deals with general offences against this Act.
6-65 Courts and proceedings
Chapter 14 deals with the jurisdiction of courts to hear matters under this Act, injunctions and court proceedings.
6-70 Administration
Chapter 15 deals with a number of matters concerning the general administration of this Act (for example, the protection of information and review of decisions).
6-75 Registrar and Deputy Registrars of Aboriginal and Torres Strait Islander Corporations
(1) Chapter 16 deals with the appointment of the Registrar and Deputy Registrars. The Registrar is charged with the administration of this Act.
(2) Chapter 16 also deals with the powers and functions of the Registrar.
6-80 Interpreting this Act
Chapter 17 contains the interpretation provisions of this Act and the definitions.
Note that an Amendment Act was passed on the same day. The full text of both Acts are available online at <http://www.austlii.edu.au> . A commentary piece by Kathleen Clothier examining the proposed Act earlier this year was published in AILR 10.2 at page 1.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/2006/78.html