Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p64
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 64/175)
Character Range: 332791–335674

Islander corporation.
 (10) A direction under subsection (2) is not a legislative instrument.

Part 6‑3—Appointment of secretaries and contact persons

Division 257—Appointment of secretaries and contact persons

257‑1  What this Part is about

      This Part deals with the secretary and contact person of an Aboriginal and Torres Strait Islander corporation.
      An Aboriginal and Torres Strait Islander corporation that is registered as a large corporation must have a secretary.
      An Aboriginal and Torres Strait Islander corporation that is registered as a small or medium corporation must have a contact person.

257‑5  Requirement to have a secretary or contact person

Secretary
 (1) An Aboriginal and Torres Strait Islander corporation that is registered as a large corporation must have at least one secretary. At least one of the secretaries must ordinarily reside in Australia.

Contact person
 (2) An Aboriginal and Torres Strait Islander corporation that is registered as a small or medium corporation must have a contact person. The contact person must ordinarily reside in Australia.
 (3) An Aboriginal and Torres Strait Islander corporation commits an offence if the corporation does not comply with subsection (1) or (2).
Penalty: 5 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

257‑10  Who may be a secretary or contact person
 (1) Only an individual who is at least 18 years of age may be appointed as a secretary or contact person of an Aboriginal and Torres Strait Islander corporation.
 (2) A person who is disqualified from managing an Aboriginal and Torres Strait Islander corporation under Part 6‑5 may only be appointed as a secretary or contact person if the appointment is made:
 (a) with permission granted by the Registrar under subsection 279‑30(7); or
 (b) with leave granted by the Court under section 279‑35.

257‑15  Consent to act as secretary or contact person

Secretary
 (1) An Aboriginal and Torres Strait Islander corporation contravenes this subsection if a person does not give the corporation a signed consent to act as secretary of the corporation before being appointed.
Penalty: 5 penalty units.

Contact person
 (2) An Aboriginal and Torres Strait Islander corporation contravenes this subsection if a person does not give the corporation a signed consent to act as contact person of the corporation before being appointed.
Penalty: 5 penalty units.
 (3) The corporation must keep the consent.
Penalty: 5 penalty units.
 (4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

257‑20  How a secretary or contact person is appointed
  A secretary or contact person is to be appointed by the directors.
Note: An Aboriginal