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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 201.50

Members' statements to be distributed

  (1)   Members may request an Aboriginal and Torres Strait Islander corporation to give to all its members a statement provided by the members making the request about:

  (a)   a resolution that is proposed to be moved at a general meeting; or

  (b)   any other matter that may be properly considered at a general meeting.

  (2)   The request must be made by at least the required number of members under subsection   (8).

  (3)   The request must be:

  (a)   in writing; and

  (b)   signed by the members making the request; and

  (c)   given to the corporation.

  (4)   Separate copies of a document setting out the request may be used for signing by members if the wording of the request is identical in each copy.

  (5)   After receiving the request, the corporation must distribute to all its members a copy of the statement at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of the general meeting.

  (6)   The corporation is responsible for the cost of making the distribution.

  (7)   The corporation need not comply with the request if the statement is defamatory.

  (8)   The required number of members for an Aboriginal and Torres Strait Islander corporation is the greater of:

  (a)   5 members of the corporation; or

  (b)   10% of the members of the corporation.

  (9)   The regulations may prescribe a different number of members for the purposes of applying paragraph   (8)(a) to:

  (a)   a particular Aboriginal and Torres Strait Islander corporation; or

  (b)   a particular class of Aboriginal and Torres Strait Islander corporation.

Without limiting this, the regulations may specify the number as a percentage of the number of members of the corporation.

  (10)   The regulations may prescribe a different percentage for the purposes of applying paragraph   (8)(b) to:

  (a)   a particular Aboriginal and Torres Strait Islander corporation; or

  (b)   a particular class of Aboriginal and Torres Strait Islander corporation.


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