Chapter 1 — Introduction
Part 1‑1 — Preliminary
Division 1 — Preliminary
s 1-1 Short title s 1-5 Commencement s 1-10 Act binds Crown s 1-15 Geographical application of Act s 1-20 Act applies regardless of residence, place of formation etc s 1-25 Objects of this Act s 1-30 Office of the Registrar of Aboriginal and Torres Strait Islander Corporations s 1-35 Interpretative provisions Part 1‑2 — Overview of Act
Division 6 — Overview of Act
s 6-1 Overview of Act s 6-5 Aboriginal and Torres Strait Islander corporations s 6-10 Basic features of an Aboriginal and Torres Strait Islander corporation s 6-15 Members and observers s 6-20 Meetings s 6-25 Officers s 6-30 Record keeping, reporting requirements and books s 6-35 Civil consequences of contravening civil penalty provisions s 6-40 Lodgments and registers s 6-45 Regulation and enforcement s 6-50 External administration s 6-55 Transfer of registration, deregistration and unclaimed property s 6-60 Offences s 6-65 Courts and proceedings s 6-70 Administration s 6-75 Registrar and Deputy Registrars of Aboriginal and Torres Strait Islander Corporations s 6-80 Interpreting this Act Chapter 2 — Aboriginal and Torres Strait Islander corporations
Part 2‑1 — Introduction
Division 16 — Introduction
s 16-1 What this Chapter is about s 16-5 Meaning of Aboriginal and Torres Strait Islander corporation Part 2‑2 — Applications for registration of an Aboriginal and Torres Strait Islander corporation
Division 21 — Application for new registration of an Aboriginal and Torres Strait Islander corporation
s 21-1 Application for registration s 21-5 Matters to accompany application s 21-10 Registrar may seek further information Division 22 — Application to register existing body corporate under Part 2‑3
s 22-1 Application for registration s 22-5 Matters to accompany application s 22-10 Registrar may seek further information Division 23 — Application to register amalgamated corporation under Part 2‑3
s 23-1 Application for registration s 23-5 Matters to accompany application s 23-10 Registrar may seek further information Part 2‑3 — Decisions on applications
Division 26 — Registrar to decide application
s 26-1 Registrar to decide application s 26-5 Registrar may grant application if application is incomplete etc s 26-10 Registrar may grant application if some basic requirements are not met s 26-15 Registrar not to register trade unions etc Division 29 — What are the basic requirements for registration?
s 29-1 Minimum number of members requirement s 29-5 Indigeneity requirement s 29-10 Age of members requirement s 29-15 Pre‑incorporation requirement s 29-17 Pre‑transfer of registration requirement s 29-18 Creditor notice requirement s 29-19 Pre‑amalgamation requirements s 29-20 Internal governance rules requirement s 29-25 Name requirement Division 32 — Decisions on applications
s 32-1 Successful applications s 32-5 Unsuccessful applications Part 2‑4 — Registration of an Aboriginal and Torres Strait Islander corporation as a small, medium or large corporation
Division 37 — Registration of an Aboriginal and Torres Strait Islander corporation as a small, medium or large corporation
s 37-1 Registrar to register Aboriginal and Torres Strait Islander corporation as a small, medium or large corporation s 37-5 Registrar may alter registered size of corporation after registration s 37-10 Small, medium and large corporations s 37-15 When an Aboriginal and Torres Strait Islander corporation controls an entity s 37-20 Counting employees s 37-25 Accounting standards Part 2‑5 — Effects of registration
Division 42 — Effects of registration
s 42-1 Corporation comes into existence on registration s 42-3 Effect of registration of existing body corporate under Part 2‑3 s 42-4 Effect of registration of amalgamated corporation under Part 2‑3 s 42-5 Corporation’s name s 42-10 Members, directors, corporation secretary and contact person of corporation s 42-15 Registered office s 42-20 Document access address s 42-25 Corporation may have common seal s 42-30 Vesting of property in corporation on registration s 42-35 Body corporate registered as Aboriginal and Torres Strait Islander corporation (liability of members on winding up) s 42-40 Body corporate registered as Aboriginal and Torres Strait Islander corporation (modification by regulations) s 42-45 Registration of amalgamated corporation (liability of members on winding up) s 42-50 Registration of amalgamated corporation (modification by regulations) Part 2‑6 — Arrangements and reconstructions
Division 45 — Application of Corporations Act arrangements and reconstructions provisions
s 45-1 Applying Corporations Act arrangements and reconstructions provisions to Aboriginal and Torres Strait Islander corporations Chapter 3 — Basic features of an Aboriginal and Torres Strait Islander corporation
Part 3‑1 — Introduction
Division 52 — Introduction
s 52-1 What this Chapter is about Part 3‑2 — Rules dealing with the internal governance of corporations
Division 57 — Introduction
s 57-1 What this Part is about s 57-5 List of internal governance rules Division 60 — What are the replaceable rules and when do they apply to a corporation?
s 60-1 Replaceable rules s 60-5 Corporation’s constitution can modify or replace replaceable rules s 60-10 Effect of constitution and replaceable rules s 60-15 Failure to comply with replaceable rules s 60-20 Modification by regulations Division 63 — What are the internal governance rules of a corporation?
s 63-1 Meaning of internal governance rules Division 66 — What are the internal governance rules requirements?
s 66-1 Requirements s 66-5 Meaning of cover the matters provided for in the replaceable rules Division 69 — Constitutions and amendment and replacement of constitutions
Subdivision 69‑A — Constitution on registration
s 69-1 Constitution of an Aboriginal and Torres Strait Islander corporation Subdivision 69‑B — Constitutional changes after registration
s 69-5 Overview—ways a constitution may be changed s 69-10 Meaning of constitutional change etc s 69-15 Extra requirements for constitutional change in constitution s 69-20 Corporation to lodge copy of constitutional changes s 69-25 Special administrator to lodge copy of constitutional changes s 69-30 Registrar to determine if constitutional change should be registered s 69-35 Registrar may change an Aboriginal and Torres Strait Islander corporation’s constitution on own initiative s 69-40 Date of effect of constitutional change Division 72 — Other matters concerning constitutions etc.
s 72-1 Registrar may direct corporation to lodge constitution s 72-5 Corporation must provide governance material to members s 72-10 Constitution may limit powers Part 3‑3 — Minimum number of members of Aboriginal and Torres Strait Islander corporations
Division 77 — Minimum number of members of Aboriginal and Torres Strait Islander corporations
s 77-1 What this Part is about s 77-5 Minimum number of members requirement s 77-10 Registrar may exempt if appropriate and reasonable to do so s 77-15 Registrar may determine a different number to number requested s 77-20 Earlier determination taken to be revoked s 77-25 Notice to be given Part 3‑4 — Names
Division 82 — Introduction
s 82-1 What this Part is about Division 85 — What names may a corporation have?
s 85-1 Corporation’s name requirements s 85-5 Available names s 85-10 Acceptable abbreviations s 85-15 Using a name and ICN on documents s 85-20 Exception to requirement to have ICN on receipts s 85-25 Regulations may exempt from requirement to set out information on documents Division 88 — How is a corporation’s name changed?
s 88-1 Corporation changing its name s 88-5 Registrar’s power to direct corporation to change its name s 88-10 If Aboriginal and Torres Strait Islander corporation becomes a registered native title body corporate s 88-15 If Aboriginal and Torres Strait Islander corporation ceases to be a registered native title body corporate s 88-20 Registrar must issue new certificate if name changes s 88-25 Effect of name change Part 3‑5 — Corporation powers and how they are exercised
Division 93 — Introduction
s 93-1 What this Part is about Division 96 — What are a corporation’s powers?
s 96-1 Legal capacity and powers Division 99 — How are a corporation’s powers exercised?
s 99-1 Agent exercising a corporation’s power to make contracts etc s 99-5 Execution of documents (including deeds) by the corporation itself Part 3‑6 — Assumptions people dealing with Aboriginal and Torres Strait Islander corporations are entitled to make
Division 104 — Assumptions people dealing with Aboriginal and Torres Strait Islander corporations are entitled to make
s 104-1 Entitlement to make assumptions s 104-5 Assumptions that can be made under section 104‑1 s 104-10 Information available to the public from Registrar does not constitute constructive notice Part 3‑7 — Registered office or document access address
Division 109 — Introduction
s 109-1 What this Part is about Division 112 — Registered office
s 112-1 General s 112-5 Corporation to have registered office s 112-10 Registrar may change address of registered office to a director’s address s 112-15 Corporation’s name must be displayed s 112-20 Address of registered office etc Division 115 — Document access address
s 115-1 Division applies to Aboriginal and Torres Strait Islander corporations registered as small or medium corporations s 115-5 Corporation to have document access address s 115-10 Registrar may change document access address to a director’s address s 115-15 Registrar may direct corporation to change the location of its document access address s 115-20 Address of document access address Part 3‑8 — Service on Aboriginal and Torres Strait Islander corporations
Division 120 — Service on Aboriginal and Torres Strait Islander corporations
s 120-1 Service on Aboriginal and Torres Strait Islander corporation Chapter 4 — Members and observers
Part 4‑1 — Introduction
Division 130 — Introduction
s 130-1 What this Chapter is about Part 4‑2 — Members
Division 135 — Introduction
s 135-1 What this Part is about Division 138 — Who is a member of an Aboriginal and Torres Strait Islander corporation?
s 138-1 Meaning of member Division 141 — Membership of Aboriginal and Torres Strait Islander corporations
Subdivision 141‑A — Introduction
s 141-1 Overview Subdivision 141‑B — Ongoing requirements relating to membership that are imposed on an Aboriginal and Torres Strait Islander corporation
s 141-5 Minimum number of members requirement s 141-10 Indigeneity requirement s 141-15 Age of members requirement Subdivision 141‑C — A person’s eligibility for membership of an Aboriginal and Torres Strait Islander corporation
s 141-20 Eligibility for membership s 141-25 Corporation may have other eligibility requirements for membership Division 144 — How to become a member of an Aboriginal and Torres Strait Islander corporation
s 144-1 How does a person become a member? s 144-5 Application to corporation s 144-10 Determination of applications for membership s 144-15 Fees for membership and being an observer Division 147 — Obligations of members
s 147-1 Obligation to contribute on winding up s 147-5 Corporation may impose other member obligations s 147-10 Liability of corporation members Division 150 — How does a person cease to be a member of an Aboriginal and Torres Strait Islander corporation?
Subdivision 150‑A — General
s 150-1 Cessation of membership Subdivision 150‑B — Resignation of membership
s 150-10 Resignation Subdivision 150‑C — Cancellation of membership
s 150-15 General s 150-20 Member of corporation that is not a registered native title body corporate not eligible for membership etc. (replaceable rule—see section 60‑1) s 150-22 Member of registered native title body corporate not eligible for membership etc s 150-25 Member not contactable s 150-30 Member is not an Aboriginal and Torres Strait Islander person s 150-35 Member misbehaves Division 153 — Can there be different classes of members?
s 153-1 Different classes of members Part 4‑3 — Observers
Division 158 — Observers
s 158-1 What this Part is about s 158-5 Observers Part 4‑4 — Protection of members’ interests
Division 163 — Rights and remedies to protect interests of members
s 163-1 Rights and remedies Division 166 — Oppressive conduct of affairs
s 166-1 Grounds for Court order s 166-5 Orders the Court can make s 166-10 Who can apply for an order? s 166-15 Requirement for person to lodge order Division 169 — When may a person bring or intervene in proceedings on behalf of an Aboriginal and Torres Strait Islander corporation?
s 169-1 Bringing, or intervening in, proceedings on behalf of a corporation s 169-5 Applying for and granting leave s 169-10 Substitution of another person for the person granted leave s 169-15 Effect of ratification by members s 169-20 Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave s 169-25 General powers of the Court s 169-30 Power of the Court to make costs orders Division 172 — What protections apply to variations or cancellations of class rights?
s 172-1 Varying and cancelling class rights s 172-5 Certain actions taken to vary rights etc s 172-10 Variation, cancellation or modification without unanimous support of class s 172-15 Variation, cancellation or modification with unanimous support of class Division 175 — When may a member inspect a corporation’s books?
s 175-1 Order for inspection of books of corporation s 175-5 Ancillary orders s 175-10 Disclosure of information acquired in inspection s 175-15 Corporation or directors may allow member to inspect books (replaceable rule—see section 60‑1) Part 4‑5 — Registers of members and former members
Division 180 — Registers of members and former members
s 180-1 Aboriginal and Torres Strait Islander corporations to maintain register of members s 180-5 Information on the register of members s 180-10 Aboriginal and Torres Strait Islander corporations to maintain register of former members s 180-15 Information on the register of former members s 180-20 Location and inspection of registers s 180-22 Register of members and register of former members may be maintained in one document s 180-25 Right to inspect and get copies s 180-30 Aboriginal and Torres Strait Islander corporation to make register of members available at AGM s 180-35 Aboriginal and Torres Strait Islander corporation to give Registrar copy of register of members or register of former members s 180-40 Correction of register of members or register of former members s 180-45 Evidentiary value of registers Division 183 — Use of information on the register of members or register of former members
s 183-1 Use of information on register of members or register of former members s 187-1 What this Part is about Part 4‑6 — Exemption from operation of certain provisions of this Chapter
Division 187 — Exemption from operation of certain provisions of this Chapter
s 187-10 Registrar may make determination even if application is incomplete s 187-5 Exemption from certain provisions of this Chapter s 187-15 Registrar’s power to make determinations s 187-20 Criteria for determinations Chapter 5 — Meetings
Part 5‑1 — Introduction
Division 193 — Introduction
s 193-1 What this Chapter is about Part 5‑2 — General meetings
Division 198 — Introduction
s 198-1 What this Part is about Division 201 — What are the rules concerning general meetings?
Subdivision 201‑A — Who may call general meetings?
s 201-1 Director may call meetings (replaceable rule—see section 60‑1) s 201-5 Request by members for directors to call general meetings s 201-10 When must directors comply with members’ request? s 201-15 When must a requested meeting be held? Subdivision 201‑B — How to call general meetings
s 201-20 Amount of notice of general meetings s 201-25 Notice of general meeting to members, officers and observers s 201-30 Auditor entitled to notice and other communications s 201-35 Contents of notice of general meeting Subdivision 201‑C — Members’ rights to put resolutions etc. to general meeting
s 201-40 Members’ resolutions s 201-45 Notice of members’ resolutions s 201-50 Members’ statements to be distributed Subdivision 201‑D — Holding general meetings
s 201-55 Purpose s 201-60 Time and place for general meeting s 201-65 Technology s 201-70 Quorum s 201-75 Chairing general meeting (replaceable rule—see section 60‑1) s 201-80 Auditor’s right to be heard at general meetings s 201-85 Adjourned meetings Subdivision 201‑E — Proxies
s 201-90 Who may appoint a proxy (replaceable rule—see section 60‑1) s 201-95 Rights of proxies s 201-100 Appointing a proxy s 201-105 Proxy documents s 201-110 Body corporate representative Subdivision 201‑F — Voting at general meetings
s 201-115 How many votes a member has (replaceable rule—see section 60‑1) s 201-120 Objections to right to vote (replaceable rule—see section 60‑1) s 201-125 How voting is carried out (replaceable rule—see section 60‑1) s 201-130 Matters on which a poll may be demanded s 201-135 When a poll is effectively demanded s 201-140 When and how polls must be taken (replaceable rule—see section 60‑1) Subdivision 201‑G — First general meeting and annual general meetings
s 201-145 Corporation must hold first general meeting within 3 months of registration s 201-150 Corporation must hold AGM s 201-155 Extension of time for holding AGM s 201-160 Business of AGM s 201-165 Questions and comments by members on corporation management at AGM s 201-170 Questions by members of auditors at AGM Division 204 — Resolutions without a general meeting
s 204-1 Circulating resolutions s 204-5 Resolutions of 1 member corporations Part 5‑3 — Directors’ meetings
Division 209 — Introduction
s 209-1 What this Part is about Division 212 — What are the rules concerning directors’ meetings?
s 212-1 Constitution to provide for meetings s 212-5 Calling directors’ meetings (replaceable rule—see section 60‑1) s 212-10 Use of technology s 212-15 Chairing directors’ meetings (replaceable rule—see section 60‑1) s 212-20 Quorum at directors’ meetings s 212-25 Passing of directors’ resolutions (replaceable rule—see section 60‑1) Division 215 — Resolutions and declarations without meetings
s 215-1 Circulating resolutions of corporation with more than 1 director (replaceable rule—see section 60‑1) s 215-5 Resolutions and declarations of 1 director corporation Part 5‑4 — Minutes of meetings
Division 220 — Minutes of meetings
s 220-1 What this Part is about s 220-5 Minutes s 220-10 Members’ access to minutes Part 5‑5 — Exemption from operation of this Chapter
Division 225 — Exemption from operation of this Chapter
s 225-1 What this Part is about s 225-5 Exemption from the provisions of this Chapter s 225-10 Registrar may make determination even if application is incomplete s 225-15 Registrar’s power to make determinations s 225-20 Criteria for determinations Chapter 6 — Officers
Part 6‑1 — Introduction
Division 235 — Introduction
s 235-1 What this Chapter is about Part 6‑2 — Appointment, remuneration and cessation of appointment of directors
Division 240 — Introduction
s 240-1 What this Part is about Division 243 — Number of directors
s 243-1 Minimum number of directors s 243-5 Maximum number of directors Division 246 — Appointment of directors
s 246-1 Eligibility for appointment as a director s 246-5 Majority of director requirements s 246-10 Consent to act as director s 246-15 Corporation may appoint a director (replaceable rule—see section 60‑1) s 246-20 Directors may appoint other directors to make up a quorum (replaceable rule—see section 60‑1) s 246-25 Term of appointment s 246-30 Alternate directors (replaceable rule—see section 60‑1) s 246-35 Effectiveness of acts by directors Division 249 — Resignation, retirement or removal of directors
s 249-1 How does a person cease to be a director? s 249-5 Director may resign s 249-10 Removal by members s 249-15 Removal by other directors Division 252 — Remuneration of directors
s 252-1 Remuneration s 252-5 Members may obtain information about directors’ remuneration Part 6‑3 — Appointment of secretaries and contact persons
Division 257 — Appointment of secretaries and contact persons
s 257-1 What this Part is about s 257-5 Requirement to have a secretary or contact person s 257-10 Who may be a secretary or contact person s 257-15 Consent to act as secretary or contact person s 257-20 How a secretary or contact person is appointed s 257-25 Director to be contact person in certain circumstances s 257-30 Contact person must pass on communications received s 257-35 Secretary must pass on communications received s 257-40 Effectiveness of acts by secretaries s 257-45 Terms and conditions of office for secretaries (replaceable rule—see section 60‑1) s 257-50 Terms and conditions of contact person’s appointment (replaceable rule—see section 60‑1) Part 6‑4 — Duties and powers of directors and other officers and employees
Division 262 — Introduction
s 262-1 What this Part is about Division 265 — General duties
s 265-1 Care and diligence—civil obligation only s 265-5 Good faith—civil obligations s 265-10 Use of position—civil obligations s 265-15 Use of information—civil obligations s 265-20 Acts done to comply with Native Title legislation obligations s 265-25 Good faith, use of position and use of information—criminal offences s 265-30 Interaction of sections 265‑1 to 265‑25 with other laws etc s 265-35 Directors of wholly‑owned subsidiaries s 265-40 Responsibility of secretaries for certain contraventions s 265-45 Meaning of reasonable reliance on information or advice provided by others s 265-50 Responsibility for actions of delegate Division 268 — Duties in relation to disclosure of, and voting on matters involving, material personal interests
s 268-1 Material personal interest—director’s duty to disclose s 268-5 Interest as common law holder of native title s 268-10 Director may give other directors standing notice about an interest s 268-15 Interaction of sections 268‑1 and 268‑10 with other laws etc s 268-20 Restrictions on voting s 268-25 Registrar’s power to make declarations and class orders Division 271 — Duty to discharge certain trust liabilities
s 271-1 Directors liable for debts and other obligations incurred by corporation as trustee Division 274 — Powers of directors
s 274-1 Powers of directors (replaceable rule—see section 60‑1) s 274-5 Negotiable instruments (replaceable rule—see section 60‑1) s 274-10 Delegation s 274-15 Right of access to corporation books Part 6‑5 — Disqualification from managing corporations
Division 279 — Disqualification from managing corporations
s 279-1 Disqualified person not to manage corporations s 279-5 Automatic disqualification s 279-10 Extension of period of automatic disqualification s 279-15 Court power of disqualification—contravention of civil penalty provision s 279-20 Court power of disqualification—insolvency and non‑payment of debts s 279-25 Court power of disqualification—repeated contraventions of Act s 279-30 Registrar’s power of disqualification s 279-35 Court power to grant leave Part 6‑6 — Member approval needed for related party benefit
Division 284 — Need for member approval
s 284-1 Need for member approval for financial benefit s 284-5 Consequences of breach s 284-10 Exemptions Division 287 — Exceptions to the requirement for member approval
s 287-1 Remuneration and reimbursement for officer or employee s 287-5 Benefit to or by closely‑held subsidiary s 287-10 Benefits to members that do not discriminate unfairly s 287-12 Benefits given to comply with Native Title legislation obligations s 287-15 Court order Division 290 — Procedure for obtaining member approval
s 290-1 Resolution may specify matters by class or kind s 290-5 Corporation must lodge material that will be put to members with the Registrar s 290-10 Requirements for explanatory statement to members s 290-15 Registrar may comment on proposed resolution s 290-20 Requirements for notice of meeting s 290-25 Other material put to members s 290-30 Proposed resolution cannot be varied s 290-35 Voting by or on behalf of related party interested in proposed resolution s 290-40 Voting on the resolution s 290-45 Notice of resolution to be lodged s 290-50 Declaration by court of substantial compliance Division 293 — Related parties and financial benefits
s 293-1 Related parties s 293-5 Giving a financial benefit Division 296 — Interaction with other rules
s 296-1 General duties still apply Part 6‑7 — Public information about directors, secretaries and contact persons
Division 301 — Introduction
s 301-1 What this Part is about Division 304 — Information to be provided
s 304-1 Director, alternate director, secretary or contact person may notify the Registrar of resignation or retirement s 304-5 Notice of name and address of directors and secretaries to the Registrar s 304-10 Director, alternate director, secretary and contact person must give information to corporation s 304-15 Address for officers Division 307 — Registrar may ask for information
s 307-1 Registrar’s power to ask for information about person’s position as director, secretary or contact person Part 6‑7A — Director identification numbers
s 308-1 What this Part is about s 308-5 Giving and cancelling director identification numbers s 308-10 Applying for a director identification number s 308-15 Eligible officers s 308-20 Requirement to have a director identification number s 308-25 Requirement to apply for a director identification number s 308-30 Commonwealth Registrar may extend application periods s 308-35 Infringement notices s 308-40 Applying for additional director identification numbers s 308-45 Misrepresenting director identification numbers s 310-1 What this Part is about Part 6‑8 — Exemption from operation of certain provisions of this Chapter
s 310-10 Registrar may make determination even if application is incomplete s 310-5 Exemption from certain provisions of this Chapter s 310-15 Registrar’s power to make determinations s 310-20 Criteria for determinations Chapter 7 — Record keeping, reporting requirements and books
Part 7‑1 — Introduction
Division 317 — Introduction
s 317-1 What this Chapter is about Part 7‑2 — Record keeping requirements
Division 322 — Record keeping requirements
s 322-1 What this Part is about s 322-5 Obligation to keep copy of constitution and records about officers, contact person, etc s 322-10 Obligation to keep financial records s 322-15 Physical format s 322-20 Place where records are kept s 322-25 Director access Part 7‑3 — Reporting requirements
Division 327 — Overview of reporting obligations
s 327-1 Reports that an Aboriginal and Torres Strait Islander corporation must prepare and lodge Division 330 — General report for each financial year
s 330-1 Aboriginal and Torres Strait Islander corporation must prepare a general report each financial year s 330-5 Contents of general report s 330-10 General report to be lodged with Registrar Division 333 — Financial and other reports required by the regulations
s 333-1 What this Division is about s 333-5 Regulations may require financial reports, directors’ reports and other reports to be prepared s 333-10 Contents of reports s 333-15 Other requirements in relation to report s 333-20 Aboriginal and Torres Strait Islander corporation to obtain audit report if audit required Division 336 — Registrar may increase reporting requirements
s 336-1 Registrar may require additional report, or otherwise increase reporting requirements, for particular corporation s 336-5 Registrar may require additional reports, or otherwise increase reporting requirements, for class of corporation Division 339 — Audit of financial reports
Subdivision 339‑A — Introduction
s 339-1 What this Division is about s 339-5 Application of Division s 339-10 When financial report required to comply with accounting standards s 339-15 When audit required to be conducted in accordance with auditing standards s 339-20 Lead and review auditors s 339-25 Professional members of the audit team Subdivision 339‑B — Conduct of the audit
s 339-30 Auditor to form opinion s 339-35 Auditor obligations in relation to auditing standards s 339-40 Auditor’s report s 339-45 Other requirements in relation to auditor’s report s 339-50 Auditor’s independence declaration s 339-55 Audit working papers to be retained for 7 years Subdivision 339‑C — Qualification, experience and registration
s 339-60 Qualification and experience: individual auditor s 339-65 Qualification and experience: audit firm s 339-70 Registration requirements for appointment of company as auditor Subdivision 339‑D — Auditor independence
s 339-75 Independence of auditors: application of Corporations Act auditor independence provisions s 339-80 Independence of auditors: alternative independence requirements Subdivision 339‑E — Auditor’s powers and duties
s 339-85 Auditor’s power to obtain information s 339-90 Reporting to the Registrar s 339-95 Assisting auditor Subdivision 339‑F — Appointment and removal of auditors
s 339-100 Appointment and removal of auditors Division 342 — Financial reporting to members
s 342-1 What this Division is about s 342-5 Annual financial reporting to members s 342-10 Deadline for giving member copy of report Division 345 — Consolidated financial report
s 345-1 Directors and officers of controlled entity to give information s 345-5 Auditor’s power to obtain information from controlled entity s 345-10 Controlled entity to assist auditor s 345-15 Application of sections 345‑1 to 345‑10 to entity that has ceased to be controlled Division 348 — Lodging reports
s 348-1 Lodging annual reports with the Registrar s 348-5 Relodgment if report amended after lodgment Part 7‑4 — Registrar may exempt from record keeping and reporting requirements
Division 353 — Registrar may exempt from record keeping and reporting requirements
s 353-1 What this Part is about s 353-3 Exemption from the provisions of this Chapter s 353-5 Registrar may make determination even if application is incomplete s 353-10 Registrar’s power to make determinations Part 7‑5 — Criteria for determining level of reporting requirements
Division 358 — Criteria for determining level of reporting requirements
s 358-1 What this Part is about s 358-5 Criteria for determinations about level of reporting requirements s 358-10 Reporting obligations Part 7‑6 — Sanctions for contraventions of record keeping and reporting requirements
Division 363 — Sanctions for contraventions of record keeping and reporting requirements
s 363-1 Sanctions Part 7‑7 — Modifications of record keeping and reporting requirements by regulations
Division 368 — Modifications of record keeping and reporting requirements by regulations
s 368-1 Modification by regulations Part 7‑8 — Books
Division 373 — Introduction
s 373-1 What this Part is about Division 376 — When and where may books be inspected?
s 376-1 Inspection of books s 376-5 Translations of instruments and books s 376-10 Court may compel compliance s 376-15 Admissibility of books in evidence s 376-20 Form of books s 376-25 Protection of books s 376-30 Evidentiary value s 376-35 Falsification of books Chapter 8 — Civil consequences of contravening civil penalty provisions
Division 386 — Civil consequences of contravening civil penalty provisions
s 386-1 Declarations of contravention s 386-5 Declaration of contravention is conclusive evidence s 386-10 Pecuniary penalty orders s 386-15 Compensation orders—civil penalty provisions s 386-20 Who may apply for a declaration or order s 386-25 Time limit for application for a declaration or order s 386-30 Civil evidence and procedure rules for declarations of contravention and civil penalty orders s 386-35 Civil proceedings after criminal proceedings s 386-40 Criminal proceedings during civil proceedings s 386-45 Criminal proceedings after civil proceedings s 386-50 Evidence given in proceedings for penalty not admissible in criminal proceedings s 386-55 Registrar requiring person to assist s 386-60 Relief from liability for contravention of civil penalty provision Chapter 9 — Lodgments and registers
Part 9‑1 — Introduction
Division 396 — Introduction
s 396-1 What this Chapter is about Part 9‑2 — Lodgments with the Registrar
Division 401 — Introduction
s 401-1 What this Part is about Division 404 — What is the form in which documents may be lodged?
s 404-1 Forms for documents to be lodged with the Registrar s 404-5 Signing documents lodged with the Registrar s 404-10 Documents lodged with the Registrar electronically s 404-15 Relodging of lost registered documents Division 407 — Registrar’s powers
s 407-1 Registrar may refuse to receive or register documents s 407-5 Registrar may require additional information s 407-10 Registrar may require information from persons on a register s 407-15 Telephone or email notice of certain changes s 407-20 Registrar may destroy or dispose of lodged documents Division 410 — Courts power if documents not lodged
s 410-1 Court may make certain orders Part 9‑3 — Registers
Division 415 — Introduction
s 415-1 What this Part is about Division 418 — Registers to be kept
s 418-1 Registers s 418-5 Form of registers s 418-10 Register of Aboriginal and Torres Strait Islander Corporations s 418-15 Register of Disqualified Officers Division 421 — What information may a person obtain from the Registrar?
s 421-1 Inspection and production of records s 421-5 Requests and certification of copy or extract etc Division 424 — Validity and use of information etc. obtained from a register
s 424-1 Validity of copy or extract s 424-5 Use in court proceedings etc. of documents issued by Registrar s 424-10 Registrar’s certificate that person was a director etc Chapter 10 — Regulation and enforcement
Part 10‑1 — Introduction
Division 434 — Introduction
s 434-1 What this Chapter is about Part 10‑2 — Regulation of Aboriginal and Torres Strait Islander corporations
Division 439 — Regulation of Aboriginal and Torres Strait Islander corporations
s 439-1 What this Part is about s 439-5 Registrar may convene meetings of interested persons s 439-10 Registrar may call a general meeting (other than an AGM) s 439-15 Registrar may call an AGM s 439-20 Registrar may require compliance with Act etc Part 10‑3 — Enforcement
Division 444 — Introduction
s 444-1 What this Part is about Division 447 — Authorised officers
s 447-1 Appointment of authorised officers s 447-5 Identity cards Division 450 — Purposes for which powers under this Part may be exercised
s 450-1 Purposes for which power under this Part may be exercised Division 453 — Examination of books and persons
s 453-1 Examination of books s 453-5 Production of books or attendance to answer questions s 453-10 Remuneration of authorised officer Division 456 — Warrants for books not produced
Subdivision 456‑A — Warrants applied for in person
s 456-1 Application for warrant to seize books not produced s 456-5 Grant of warrant s 456-10 Powers where books produced or seized Subdivision 456‑B — Warrants by telephone or other electronic means
s 456-15 Applying for warrants by telephone or other electronic means s 456-20 Issuing warrants by telephone etc s 456-25 Unsigned warrants by telephone etc. in court proceedings Subdivision 456‑C — Offences relating to warrants by telephone or other electronic means
s 456-30 Offence for stating incorrect names in warrants by telephone etc s 456-35 Offence for unauthorised form of warrant s 456-40 Offence for execution etc. of unauthorised form of warrant s 456-45 Offence for giving unexecuted form of warrant Subdivision 456‑D — Warrant details to be given to occupier
s 456-50 Details of warrant to be given to occupier etc Part 10‑4 — Offences relating to regulatory and enforcement powers of Registrar
Division 461 — Offences relating to regulatory and enforcement powers of Registrar
s 461-1 Obstructing Registrar or interfering with meeting called by Registrar etc s 461-5 False information s 461-10 Concealing books relevant to investigation s 461-15 Self‑incrimination Part 10‑5 — Protection for whistleblowers
Division 466 — Which disclosures qualify for protection under this Part?
s 466-1 Disclosures qualifying for protection Division 469 — Effects of disclosure
s 469-1 Disclosure that qualifies for protection not actionable etc s 469-5 Victimisation prohibited s 469-10 Right to compensation Division 472 — Confidentiality requirement
s 472-1 Confidentiality requirements for corporations, corporation officers and employees and auditors Chapter 11 — External administration
Part 11‑1 — Introduction
Division 482 — Introduction
s 482-1 What this Chapter is about Part 11‑2 — Special administration
Division 487 — Special administration of Aboriginal and Torres Strait Islander corporation
s 487-1 Registrar may put Aboriginal and Torres Strait Islander corporation under special administration s 487-5 Grounds for special administration s 487-10 Show cause notice procedure s 487-15 Extension of period of special administration s 487-20 Registrar may terminate special administration s 487-25 References to corporation under special administration Division 490 — Appointment of special administrator
s 490-1 Registrar may appoint special administrator s 490-5 Period of appointment Division 493 — Notice requirements
s 493-1 Notice of special administration determination or appointment of special administrator Division 496 — Effect of appointment of special administrator on officers of the corporation
s 496-1 General rule that offices of directors and secretary vacated when special administrator appointed s 496-5 Registrar may determine that offices not vacated in certain circumstances s 496-10 Powers of officers can only be exercised by, or with the consent of, special administrator s 496-15 Only special administrator can deal with corporation’s property s 496-20 Order for compensation where officer involved in void transaction Division 499 — Function, duties and powers of special administrator
s 499-1 Function of special administrator s 499-5 Powers of special administrator s 499-10 Applying Corporations Act provisions to Aboriginal and Torres Strait Islander corporation that is under special administration Division 502 — Special administrator to report to Registrar
s 502-1 Report to Registrar Division 505 — Termination of special administrator’s appointment
s 505-1 Termination of appointment of special administrator s 505-5 Grounds for terminating appointment s 505-10 Registrar to appoint new special administrator in certain circumstances Division 508 — Transition to normal control of the corporation’s affairs at end of special administration
s 508-1 Special administrator to ensure that there will be directors when corporation ceases to be under special administration s 508-5 Election of directors to take over affairs of corporation when corporation ceases to be under special administration Division 511 — Miscellaneous
s 511-1 Remuneration of special administrator Part 11‑3 — Receivers, and other controllers, of property of corporations
Division 516 — Receivers, and other controllers, of property of corporations
s 516-1 Applying Corporations Act receiver provisions to Aboriginal and Torres Strait Islander corporations Part 11‑4 — Administration of an Aboriginal and Torres Strait Islander corporation’s affairs with a view to executing a deed of corporation arrangement
Division 521 — Administration of an Aboriginal and Torres Strait Islander corporation’s affairs with a view to executing a deed of corporation arrangement
s 521-1 Applying Corporations Act administration provisions to Aboriginal and Torres Strait Islander corporations s 521-5 Administrator’s capacity to act as trustee s 521-10 Corporations Act administrator cannot be appointed if special administrator appointed s 521-15 Effect of appointment of special administrator on Corporations Act administrator Part 11‑4A — Restructuring of an Aboriginal and Torres Strait Islander corporation
Division 522 — Restructuring of an Aboriginal and Torres Strait Islander corporation
s 522-1 Applying Corporations Act restructuring provisions to Aboriginal and Torres Strait Islander corporations s 522-2 Corporations Act restructuring practitioner cannot be appointed if special administrator appointed s 522-3 Effect of appointment of special administrator—Aboriginal and Torres Strait Islander corporation under restructuring s 522-4 Effect of appointment of special administrator—Aboriginal and Torres Strait Islander corporation subject to restructuring plan Part 11‑5 — Winding up
Division 526 — Winding up
s 526-1 Court may order winding up s 526-5 Grounds for Court ordered winding up s 526-10 Acts etc. done to comply with Native Title legislation requirement s 526-15 Who may apply to court for winding up order s 526-20 Voluntary winding up s 526-25 Distribution of surplus assets in winding up by Court s 526-30 Distribution of surplus assets in voluntary winding up s 526-35 Applying Corporations Act winding up provisions to Aboriginal and Torres Strait Islander corporations s 526-40 Application of Corporations Act pre‑winding up provisions Part 11‑6 — Insolvent trading and creditor‑defeating dispositions
Division 531 — Insolvent trading and creditor‑defeating dispositions
s 531-1 Applying Corporations Act insolvent trading and creditor‑defeating disposition provisions to Aboriginal and Torres Strait Islander corporations s 531-5 Sections 588G, 588GAB and 588GAC of Corporations Act prevail over conflicting Native Title legislation obligations Part 11‑7 — Employees’ entitlements
Division 536 — Employees’ entitlements
s 536-1 Applying Corporations Act employees’ entitlements provisions to Aboriginal and Torres Strait Islander corporations Chapter 12 — Transfer of registration, deregistration and unclaimed property
Part 12‑1 — Transfer of registration to another system
Division 540 — Transfer of registration
s 540-1 Transferring registration s 540-5 Applying to transfer registration s 540-10 Registrar makes transfer of registration declaration s 540-15 Registrar to deregister corporation Part 12‑2 — Deregistration
Division 546 — Deregistration
s 546-1 Deregistration—voluntary s 546-5 Deregistration—Registrar initiated s 546-10 Deregistration—following amalgamation or winding up s 546-15 Registered native title body corporate s 546-20 Effect of deregistration s 546-25 What the Registrar does with the property s 546-30 Registrar’s power to fulfil outstanding obligations of deregistered corporation s 546-35 Claims against insurers of deregistered corporation s 546-40 Reinstatement s 546-45 Regulations may modify Division in relation to statutory Indigenous land trusts Part 12‑3 — Unclaimed property
Division 551 — Unclaimed property
s 551-1 Unclaimed property s 551-5 Registrar to deal with unclaimed property s 551-10 Registrar and Commonwealth not liable to pay calls on shares etc s 551-15 Disposition of money that is unclaimed property etc s 551-20 Establishment of the Aboriginal and Torres Strait Islander Corporations Unclaimed Money Account s 551-25 Credits of amounts to Account s 551-30 Purposes of Account s 551-35 Claims of disposition of money to incorrect payee s 551-40 Commonwealth or Registrar not liable for loss or damage Chapter 13 — Offences
Part 13‑1 — Offences about false or misleading statements etc.
Division 561 — Offences about false or misleading statements etc.
s 561-1 False or misleading statements s 561-5 False information etc Part 13‑2 — General matters relating to offences
Division 566 — General matters relating to offences
s 566-1 Penalties for bodies corporate s 566-5 Penalty notices s 566-10 Continuing offences s 566-15 Time for instituting criminal proceedings s 566-20 Privilege against self‑incrimination not available to bodies corporate in certain proceedings s 566-25 Certain persons to assist in prosecutions Chapter 14 — Courts and proceedings
Part 14‑1 — Powers of courts
Division 576 — Powers of courts
s 576-1 Power to grant relief s 576-5 Power of Court to give directions with respect to meetings ordered by the Court s 576-10 Appeals from decisions of receivers, liquidators etc s 576-15 Irregularities s 576-20 Power of Court to prohibit payment or transfer of money, financial products or other property s 576-25 Injunctions s 576-30 Effect of sections 576‑20 and 576‑25 s 576-35 Power of Court to punish for contempt of Court Part 14‑2 — Proceedings
Division 581 — Proceedings
s 581-1 The Registrar’s power to intervene in proceedings s 581-5 Civil proceedings not to be stayed s 581-10 Standard of proof s 581-15 Evidence of contravention s 581-20 Costs s 581-25 Vesting of property s 581-30 Civil proceedings in relation to registered native title bodies corporate Part 14‑3 — Jurisdiction and procedure of courts
Division 586 — Civil jurisdiction
Subdivision 586‑A — Introduction
s 586-1 Operation of Division Subdivision 586‑B — Conferral of jurisdiction
s 586-5 Jurisdiction of Federal Court and State and Territory Supreme Courts s 586-10 Jurisdiction of Federal Circuit and Family Court of Australia (Division 1) and State Family Courts s 586-15 Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers) s 586-20 Jurisdiction of lower courts s 586-25 Appeals s 586-30 Courts to act in aid of each other Subdivision 586‑C — Transfer of proceedings
s 586-35 Transfer of proceedings by the Federal Court and State and Territory Supreme Courts s 586-40 Transfer of proceedings by the Federal Circuit and Family Court of Australia (Division 1) and State Family Courts s 586-45 Transfer of proceedings in lower courts s 586-50 Further matters for a court to consider when deciding whether to transfer a proceeding s 586-55 Transfer may be made at any stage s 586-60 Transfer of documents s 586-65 Conduct of proceedings s 586-70 Rights of appearance s 586-75 Limitation on appeals Subdivision 586‑D — Rules of court
s 586-80 Rules of the Federal Court s 586-85 Rules of the Supreme Court s 586-90 Rules of the Federal Circuit and Family Court of Australia (Division 1) Division 589 — Criminal jurisdiction
s 589-1 Operation of Division s 589-5 Jurisdiction of courts s 589-10 Laws to be applied Chapter 15 — Administration
Part 15‑1 — Introduction
Division 599 — Introduction
s 599-1 What this Chapter is about Part 15‑2 — Protection of information
Division 604 — Protection of information
s 604-1 What this Part is about s 604-5 Protected information s 604-10 Registrar’s obligations in relation to protected information s 604-15 Special administrator’s obligations in relation to protected information s 604-20 Consultant’s obligations in relation to protected information s 604-25 Authorised use or disclosure Part 15‑3 — Protection from liability for Registrar, Minister etc.
Division 609 — Protection from liability for Registrar, Minister etc.
s 609-1 Protection from liability for Minister, Registrar etc Part 15‑4 — Review of decisions
Division 614 — Introduction
s 614-1 What this Part is about Division 617 — Reviewable decisions
s 617-1 Reviewable decisions s 617-5 Deadlines for making reviewable decisions s 617-10 Notice of reviewable decision and review rights Division 620 — Internal review of reviewable decisions
s 620-1 Registrar may reconsider reviewable decisions on own initiative s 620-5 Reconsideration of reviewable decisions Division 623 — Review of reviewable decisions by Administrative Review Tribunal
s 623-1 Review of reviewable decisions by Administrative Review Tribunal Part 15‑5 — Fees
Division 628 — Fees
s 628-1 Fees s 628-5 Lodgment of document without payment of fee s 628-10 Doing act without payment of fee s 628-15 Effect of sections 628‑5 and 628‑10 s 628-20 Debt due to the Commonwealth s 628-25 Payment of fee does not give right to inspect or search Part 15‑6 — Regulations
Division 633 — Regulations
s 633-1 General regulation making power s 633-5 Regulations concerning registered native title bodies corporate Part 15‑7 — Approved forms
Division 638 — Approved forms
s 638-1 Registrar may approve forms Chapter 16 — Registrar and Deputy Registrars of Aboriginal and Torres Strait Islander Corporations
Part 16‑1 — Introduction
Division 648 — Introduction
s 648-1 What this Chapter is about Part 16‑2 — Appointment of the Registrar and Deputy Registrars
Division 653 — Appointment of Registrar and Deputy Registrars
s 653-1 Registrar of Aboriginal and Torres Strait Islander Corporations s 653-5 Deputy Registrars of Aboriginal and Torres Strait Islander Corporations Part 16‑3 — Registrar’s functions and powers
Division 658 — Registrar’s functions and powers
s 658-1 Functions of the Registrar s 658-5 Aims of the Registrar s 658-10 Powers of the Registrar s 658-15 Registrar to have a seal s 658-20 Judicial notice of certain matters Part 16‑4 — Matters concerning the Registrar’s and Deputy Registrars’ appointments
Division 663 — Matters concerning the Registrar’s and Deputy Registrars’ appointments
s 663-1 Registrar’s remuneration s 663-5 Resignation s 663-10 Termination of Registrar’s appointment s 663-15 Termination of Deputy Registrar’s appointment s 663-20 Disclosure of interests s 663-25 Acting appointments s 663-30 Leave of absence s 663-35 Outside employment Part 16‑5 — Delegation
Division 668 — Delegation
s 668-1 Delegation by Registrar s 668-5 Sub‑delegation by Deputy Registrar Part 16‑6 — Staffing
Division 673 — Staffing
s 673-1 Staff assisting the Registrar and Deputy Registrar s 673-5 Engagement of consultants etc. by the Registrar Chapter 17 — Interpreting this Act
Part 17‑1 — Meaning of some important concepts
Division 683 — Directors and officers of Aboriginal and Torres Strait Islander corporations
s 683-1 Meaning of director and officer Division 686 — Associates
s 686-1 Effect of Division s 686-5 Associates of bodies corporate s 686-10 General s 686-15 Exclusions Division 689 — Subsidiaries and control
s 689-1 What is a subsidiary s 689-5 Control of a body corporate’s board s 689-10 Matters to be disregarded s 689-15 References in this Division to a subsidiary s 689-20 Related bodies corporate s 689-25 Control Part 17‑2 — Interpretation of other expressions
Division 694 — Interpretation of other expressions
s 694-1 Giving information s 694-5 Doing acts s 694-10 Signing s 694-15 Business affairs of a body corporate s 694-20 Business affairs of a natural person s 694-25 Business affairs of a partnership s 694-30 Business affairs of a trust s 694-35 Meaning of court and Court s 694-40 Entities s 694-45 Entities connected with a corporation (including an Aboriginal and Torres Strait Islander corporation) s 694-50 Extension of period for doing an act s 694-55 Involvement in contraventions s 694-60 Possession s 694-65 Public document of a body corporate s 694-70 Receivers and managers s 694-75 Securities s 694-80 Solvency and insolvency s 694-85 Meaning of chief executive officer function s 694-90 Applications to be in writing s 694-95 Effect of certain contraventions of this Act s 694-100 Effect of provisions empowering a person to require or prohibit conduct s 694-105 Calculation of time s 694-110 Performance of functions by Registrar or Deputy Registrar includes reference to delegate etc s 694-115 Certain family relationships s 694-120 Commonwealth Registrar Part 17‑3 — Dictionary
Division 700 — Dictionary
s 700-1 Dictionary 