Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p76
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 76/175)
Character Range: 363317–365965

the director's interest in the matter and its relation to the affairs of the corporation; and
 (b) states that those directors are satisfied that the interest should not disqualify the director from voting or being present.

Participation with Registrar's approval
 (5) The director may be present and vote if he or she is so entitled under a declaration or order made by the Registrar under section 268‑25.

Director may consider or vote on resolution to deal with matter at general meeting
 (6) If there are not enough directors to form a quorum for a directors' meeting because of subsection (1), 1 or more of the directors (including those who have a material personal interest in that matter) may call a general meeting and the general meeting may pass a resolution to deal with the matter.

Effect of contravention by director
 (7) A contravention by a director of:
 (a) this section; or
 (b) a condition attached to a declaration or order made by the Registrar under section 268‑25;
does not affect the validity of any resolution.

268‑25  Registrar's power to make declarations and class orders

Registrar's power to make specific declarations
 (1) The Registrar may declare in writing that a director of an Aboriginal and Torres Strait Islander corporation who has a material personal interest in a matter that is being, or is to be, considered at a directors' meeting may, despite the director's interest:
 (a) be present while the matter is being considered at the meeting; or
 (b) vote on the matter; or
 (c) both be present and vote.
 (2) A declaration under subsection (1) is not a legislative instrument.
 (3) However, the Registrar may only make the declaration if:
 (a) the number of directors entitled to be present and vote on the matter would be less than the quorum for a directors' meeting if the director were not allowed to vote on the matter at the meeting; and
 (b) the matter needs to be dealt with urgently, or there is some other compelling reason for the matter being dealt with at the directors' meeting, rather than by a general meeting called under subsection 268‑20(6).
 (4) A declaration under subsection (1) may:
 (a) apply to all or only some of the directors; or
 (b) specify conditions that the corporation or director must comply with.

Registrar's power to make class orders
 (5) The Registrar may make an order in writing that enables directors who have a material personal interest in a matter to be present while the matter is being considered at a directors' meeting, vote on that matter, or both be present and vote. The order may be made in respect of a specified class of Aboriginal and Torres Strait