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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 265.40

Responsibility of secretaries for certain contraventions

Responsibilities of secretaries

  (1)   A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions:

  (a)   subsection   69 - 20(1) or (2) (requirement to lodge copy of constitutional changes);

  (b)   section   88 - 1 (requirement to lodge material about change of name);

  (c)   subsection   112 - 5(5), (6) or (7) (requirements about registered office);

  (d)   section   180 - 35 (requirement to give copy of register of members or register of former members);

  (e)   subsection   304 - 5(1), (3), (5) or (6) (requirement to lodge details of directors and secretaries);

  (f)   section   330 - 10 (requirement to lodge general report);

  (g)   section   348 - 1 (requirement to lodge annual report).

Note:   This subsection is a civil penalty provision (see section   386 - 1).

Defence of reasonable steps

  (2)   A person does not contravene subsection   (1) in relation to a corporation's contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.


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