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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 96.1

Legal capacity and powers

  (1)   An Aboriginal and Torres Strait Islander corporation has the legal capacity and powers of an individual within and outside Australia.

  (2)   An Aboriginal and Torres Strait Islander corporation also has all the powers of a body corporate, including the power to, if the corporation's constitution permits, distribute any of the corporation's property among the members, in kind or otherwise.

  (3)   An Aboriginal and Torres Strait Islander corporation's legal capacity to do something is not affected by the fact that the corporation's interests are not, or would not be, served by doing it.

  (4)   For the avoidance of doubt, this section does not:

  (a)   authorise an Aboriginal and Torres Strait Islander corporation to do an act that is prohibited by a law of a State or Territory; or

  (b)   give an Aboriginal and Torres Strait Islander corporation a right that a law of a State or Territory denies to the corporation.


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