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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 166.5

Orders the Court can make

             (1)  The Court can make any order under this section that it considers appropriate in relation to the corporation, including the following:

                     (a)  an order that the corporation be wound up;

                     (b)  an order that the corporation's existing constitution be modified or repealed and replaced;

                     (c)  an order regulating the conduct of the corporation's affairs in the future;

                     (d)  an order for the corporation to institute, prosecute, defend or discontinue specified proceedings;

                     (e)  an order appointing a receiver, or a receiver and manager, of any or all of the corporation's property;

                      (f)  an order restraining a person from engaging in specified conduct or from doing a specified act;

                     (g)  an order requiring a person to do a specified act.

Order that the corporation be wound up

             (2)  If an order that the corporation be wound up is made under this section, the provisions of this Act relating to the winding up of Aboriginal and Torres Strait Islander corporations apply:

                     (a)  as if the order were made under section 526-1; and

                     (b)  with such changes as are necessary.

Without limiting this, section 526-35 (which applies certain provisions of the Corporations Act) applies to the winding up.

Changes to constitution made after order that are inconsistent with the Court ordered change

             (3)  If:

                     (a)  the constitution of the corporation is changed by an order made under this section; and

                     (b)  after the order, a change to the constitution is proposed; and

                     (c)  the proposed change is inconsistent with the change made by the order;

the Registrar must not register the proposed change unless:

                     (d)  the order states that the constitution can be changed; or

                     (e)  the leave of the court is obtained by:

                              (i)  in any case--the Registrar; or

                             (ii)  if the change is not to be made under section 69-35--the corporation.

Note:          See section 69-10 for the meaning of changed in relation to an Aboriginal and Torres Strait Islander corporation's constitution.



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