Commonwealth Consolidated Acts

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Court power to grant leave

  (1)   A person who is disqualified from managing Aboriginal and Torres Strait Islander corporations may apply to the Court for leave to manage:

  (a)   Aboriginal and Torres Strait Islander corporations; or

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

  (c)   a particular Aboriginal and Torres Strait Islander corporation.

  (2)   Subsection   (1) does not apply if the person:

  (a)   was disqualified by the Registrar under section   279 - 30; or

  (b)   was disqualified under subsection   279 - 5(5) because ASIC disqualified the person from managing corporations under section   206F or 206GAA of the Corporations Act.

  (3)   The person must lodge a notice with the Registrar at least 21 days before commencing the proceedings.

  (4)   The order granting leave may be expressed to be subject to exceptions and conditions determined by the Court.

Note:   If the Court grants the person leave to manage the corporation, the person may be appointed as a director (see subsection   246 - 1(2)) or secretary (see subsection   257 - 10(2)) of the corporation.

  (5)   The person must lodge with the Registrar a copy of any order granting leave within 14 days after the order is made.

  (6)   On application by the Registrar, the Court may revoke the leave. The order revoking leave does not take effect until it is served on the person.

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