Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p168
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 168/175)
Character Range: 595915–598697

(e) does not apply to an officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate merely because of doing (or refraining from doing) a particular act if the officer does (or refrains from doing) the act:
 (a) in good faith; and
 (b) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.
 (3) Separate copies of a document setting out a request under paragraph (1)(i) may be used for signing by members if the wording of the request is identical in each copy.
 (4) The required number of members for an Aboriginal and Torres Strait Islander corporation is the greater of:
 (a) 5 members of the corporation; or
 (b) 10% of the members of the corporation.
 (5) The regulations may prescribe a different number of members for the purposes of applying paragraph (4)(a) to:
 (a) a particular Aboriginal and Torres Strait Islander corporation; or
 (b) a particular class of Aboriginal and Torres Strait Islander corporation.
 (6) The regulations may prescribe a different percentage for the purposes of applying paragraph (4)(b) to:
 (a) a particular Aboriginal and Torres Strait Islander corporation; or
 (b) a particular class of Aboriginal and Torres Strait Islander corporation.

487‑10  Show cause notice procedure
 (1) Subject to subsection (2), the Registrar must, before determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration:
 (a) give the corporation notice in writing inviting the corporation to show cause, within a reasonable period specified in the notice, why the determination should not be made; and
 (b) consider any representations the corporation makes to the Registrar within that period.
 (2) Subsection (1) does not apply if the Registrar is satisfied that the determination needs to be made as a matter of urgency to prevent:
 (a) a likely loss of property of the corporation; or
 (b) a likely loss of public money held or administered by the corporation; or
 (c) conduct that would contravene:
 (i) a provision of this Act or the regulations; or
 (ii) a law of the Commonwealth or a State or Territory; or
 (d) the corporation ceasing to provide, or suspending the provision of, services that are essential to, or very significant for, a particular community or group.
 (3) Public money includes money that:
 (a) has been granted to the corporation by:
 (i) the Commonwealth, a State or a Territory; or
 (ii) a public authority; and
 (b) has been granted to the corporation on conditions.
 (4) Without limiting paragraph (2)(c), the conduct referred to in that paragraph may be conduct of:
 (a) the corporation; or
 (b) an officer of the corporation;