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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 386.20

Who may apply for a declaration or order

Application by Registrar

  (1)   The Registrar may apply for a declaration of contravention, a pecuniary penalty order or a compensation order.

Application by corporation

  (2)   The Aboriginal and Torres Strait Islander corporation affected by the contravention of a civil penalty provision may apply for a compensation order.

Note:   An application for a compensation order may be made whether or not a declaration of contravention has been made under section   386 - 1.

  (3)   The Aboriginal and Torres Strait Islander corporation affected by the contravention of a civil penalty provision may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the corporation. The corporation is entitled to be heard on all matters other than whether the declaration or order should be made.

No one else may apply

  (4)   No person may apply for a declaration of contravention, a pecuniary penalty order or a compensation order unless permitted by this section.

Note:   In certain circumstances, a person may bring proceedings in the name of an Aboriginal and Torres Strait Islander corporation (see Division   169).

  (5)   Subsection   (4) does not exclude the operation of the Director of Public Prosecutions Act 1983 .


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