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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 77.5

Minimum number of members requirement

Minimum number of members

  (1)   An Aboriginal and Torres Strait Islander corporation must have the following minimum number of members:

  (a)   at least 5 members; or

  (b)   the lesser number of members determined under subsection   (2), (3) or (4).

Request in application for registration for exemption from at least 5 members

  (2)   If:

  (a)   an application for registration of an Aboriginal and Torres Strait Islander corporation is to be made; and

  (b)   the corporation is to have fewer than 5 members;

the applicant for registration must, in the application under section   21 - 1, request that the Registrar:

  (c)   exempt the corporation from having at least 5 members; and

  (d)   determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if determination under subsection   (2) is in force

  (3)   If:

  (a)   the Registrar has determined a lesser number of members under subsection   (2) in respect of an Aboriginal and Torres Strait Islander corporation and the determination is in force; and

  (b)   after registration of the corporation, the corporation wants to have fewer members than the number determined;

the corporation may request the Registrar in writing to:

  (c)   exempt the corporation from having the number previously determined; and

  (d)   determine the corporation to have the lesser minimum number of members specified in the application.

Request after registration if no determination under subsection   (2) is in force

  (4)   If:

  (a)   an Aboriginal and Torres Strait Islander corporation is required to have at least 5 members; and

  (b)   after registration of the corporation, the corporation wants to have fewer than 5 members;

the corporation may request the Registrar in writing to:

  (c)   exempt the corporation from having at least 5 members; and

  (d)   determine the corporation to have the lesser minimum number of members specified in the application.


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