Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p101
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 101/175)
Character Range: 426831–429782

who contravenes, or is involved in a contravention of, subsection (1) contravenes this subsection.
Note 1: This subsection is a civil penalty provision (see section 386‑1).
Note 2: Section 694‑55 defines involved in.

Part 6‑8—Exemption from operation of certain provisions of this Chapter

310‑1  What this Part is about
      The Registrar may exempt an Aboriginal and Torres Strait Islander corporation from certain provisions of this Chapter. The Registrar may do so on application or on his or her own volition.

310‑5  Exemption from certain provisions of this Chapter
 (1) On an application made in accordance with subsection (3) in relation to an Aboriginal and Torres Strait Islander corporation, the Registrar may make a determination in writing exempting any of the following from the exemptible provisions of this Chapter specified in the Registrar's determination:
 (a) the corporation itself;
 (b) the directors of the corporation.
Note: For the criteria for making determinations under this section, see section 310‑20.
 (2) For the purposes of this section, the exemptible provisions of this Chapter are:
 (a) section 243‑5; and
 (b) subsection 246‑25(2); and
 (c) the provisions of Part 6‑6.
 (3) The application must:
 (a) specify the exemptible provisions in relation to which the exemption is being sought; and
 (b) be authorised by a resolution of the directors; and
 (c) be in writing and signed by a director; and
 (d) be lodged with the Registrar.
 (4) The determination may:
 (a) be expressed to be subject to conditions; and
 (b) be indefinite or limited to a specified period.
 (5) The Registrar may, in writing, revoke, vary or suspend the determination.
 (6) The Registrar must give the applicant written notice within 28 days of the making, revocation, variation or suspension of the determination.
 (7) A determination under subsection (1), or a revocation, variation or suspension under subsection (5), is not a legislative instrument.

310‑10  Registrar may make determination even if application is incomplete
  Despite subsection 310‑5(3), the Registrar may make a determination even if the application does not specify the provisions in relation to which the exemption is being sought.

310‑15  Registrar's power to make determinations
 (1) The Registrar may determine in writing that:
 (a) a specified Aboriginal and Torres Strait Islander corporation or a specified class of Aboriginal and Torres Strait Islander corporation; and
 (b) the directors of a specified Aboriginal and Torres Strait Islander corporation or of a specified class of Aboriginal and Torres Strait Islander corporation (as the case may be);
are exempted from the exemptible provisions of this Chapter specified in the Registrar's determination.
Note: For the criteria for making determinations under this section, see section 310‑20.
 (2) For the purposes of this section, the exemptible provisions of this Chapter are:
 (a) section 243‑5;