Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:2_203ea
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 2 cl 203EA
Character Range: 87227–89084

203EA  Representative bodies that are not corporations

 (1) This section applies to a representative body that is neither:
 (a) registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; nor
 (b) a company incorporated under the Corporations Act 2001.

 (2) Division 4 (other than sections 27C, 27J and 27K) and Division 4A of Part 3 of the Commonwealth Authorities and Companies Act 1997, and Schedule 2 to that Act, apply in relation to the body as if:
 (a) each reference in that Division or Schedule to a Commonwealth authority were a reference to the representative body; and
 (b) each reference in that Division or Schedule to an officer of a Commonwealth authority were a reference to an executive officer of the representative body; and
 (c) each reference in that Division or Schedule to a director of a Commonwealth authority were a reference to a director of the representative body; and
 (d) each reference in that Division or Schedule to the Finance Minister were a reference to the Commonwealth Minister.

Note 1: Provisions similar to Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 and Schedule 2 to that Act already apply to a representative body registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Note 2: Similar provisions already apply under the Corporations Act 2001 to representative bodies that are companies incorporated under that Act.

 (3) A director of the representative body who has a material personal interest in a matter that is being considered by the body's governing body:
 (a) must not be present during any deliberation by the governing body on the matter; and
 (b) must not take part in any decision of the governing body on the matter.
However, a contravention of this provision does not affect the validity of any resolution.