Commonwealth Consolidated Acts

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Right to inspect and get copies

Right to inspect

             (1)  Any person has a right to inspect an Aboriginal and Torres Strait Islander corporation's register of members and register of former members.

Note 1:       A corporation commits an offence under section 376-1 if it does not allow inspection of a register.

Note 2:       Other provisions that are relevant to the inspection of a register are:

(a)    section 180-45 (evidentiary value); and

(b)    section 376-1 (place and times for inspection); and

(c)    section 376-20 (form).

             (2)  If the register is not kept on computer, the corporation must allow the person to inspect the register itself.

             (3)  If the register is kept on a computer, the corporation must (unless the person and the corporation agree that the person can access the information by computer) allow the person to inspect a hard copy of the information on the register.

Inspection fees

             (4)  A member of the corporation may inspect the register without charge. Other people may inspect the register only on payment of any fee (up to the prescribed amount) required by the corporation.

Right to get copies

             (5)  The corporation must give a person a copy of the register (or a part of the register) within 7 days if the person:

                     (a)  asks for the copy; and

                     (b)  pays any fee (up to the prescribed amount) required by the corporation.

The Registrar may allow a longer period to comply with the request.

Penalty:  10 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

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