Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p31
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 31/175)
Character Range: 249814–252644

to inspect books of the corporation on the applicant's behalf.
 (5) The Court may make the order only if it is satisfied that:
 (a) the applicant is acting in good faith; and
 (b) the inspection is to be made for a purpose connected with:
 (i) applying for leave under section 169‑5; or
 (ii) bringing or intervening in proceedings with leave under that section.
 (6) A person authorised to inspect books may make copies of the books unless the Court orders otherwise.
 (7) If the person authorised by the Court under paragraph (1)(b) or paragraph (4)(b) is the Registrar, the Registrar may appoint another person to inspect the books of the corporation on the Registrar's behalf.

175‑5  Ancillary orders
  If the Court makes an order under section 175‑1, the Court may make any other orders it considers appropriate, including either or both of the following:
 (a) an order limiting the use that a person who inspects books may make of information obtained during the inspection;
 (b) an order limiting the right of a person who inspects books to make copies in accordance with subsection 175‑1(2).

175‑10  Disclosure of information acquired in inspection
 (1) A person who inspects books on behalf of an applicant under section 175‑1 must not disclose information obtained during the inspection.
 (2) Subsection (1) does not apply to the extent that the disclosure is to:
 (a) the Registrar; or
 (b) the applicant.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units or imprisonment for 12 months, or both.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

175‑15  Corporation or directors may allow member to inspect books (replaceable rule—see section 60‑1)
  The directors of an Aboriginal and Torres Strait Islander corporation, or the corporation by a resolution passed at a general meeting, may authorise a member to inspect books of the corporation.

Part 4‑5—Registers of members and former members

Division 180—Registers of members and former members

180‑1  Aboriginal and Torres Strait Islander corporations to maintain register of members
 (1) An Aboriginal and Torres Strait Islander corporation must set up and maintain a register of members.
 (2) An Aboriginal and Torres Strait Islander corporation commits an offence if it contravenes subsection (1).
Penalty: 10 penalty units.
 (3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

180‑5  Information on the register of members
 (1) The register of members must contain the following information