Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p7
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 7/12)
Character Range: 159628–162409

behalf of the corporation; or
 (c) a resolution, or a proposed resolution, of members or a class of members of the corporation;
is either:
 (d) contrary to the interests of the members as a whole; or
 (e) oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.
 (4) The changes that the Registrar may make are the changes that the Registrar considers appropriate having regard to the internal governance rules requirements and the circumstances of the particular corporation.
 (5) If the corporation is a registered native title body corporate, the Registrar must not change the constitution on the basis of:
 (a) an act (or omission from doing an act); or
 (b) a proposed act (or omission from doing an act);
if an officer or employee of the corporation does (or refrains from doing), or proposes to do (or refrain from doing), the act:
 (c) in good faith; and
 (d) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.
 (6) The Registrar makes the change by registering it.
 (7) If the Registrar changes the constitution, the Registrar must give the corporation written notice within 28 days after registration of the changes:
 (a) stating that the Registrar has changed the constitution; and
 (b) setting out the terms of the change.
 (8) In making a change under this section, the Registrar does not have to comply with paragraph 69‑5(1)(a) (special resolution), section 69‑15 (satisfying extra requirements in constitution), section 69‑20 (corporation to lodge copy of changes) or section 69‑30 (Registrar to determine if constitutional change should be registered).

69‑40  Date of effect of constitutional change
  A constitutional change takes effect:
 (a) if it is the result of a special resolution—on the day the change is registered; or
 (b) if it is the result of a Court order made under section 166‑5:
 (i) on the date on which the order is made if it specifies no later date; or
 (ii) on a date specified by the order; or
 (c) if the Registrar has made the change—on the day the change is registered; or
 (d) if a special administrator has made the change—on the day the change is registered.

Division 72—Other matters concerning constitutions etc.

72‑1  Registrar may direct corporation to lodge constitution
 (1) The Registrar may direct an Aboriginal and Torres Strait Islander corporation to lodge a copy of its constitution.
Note: Under section 322‑5, an Aboriginal and Torres Strait Islander corporation must keep an up‑to‑date copy of its constitution.
 (2) A direction made under subsection (1) is not a legislative instrument.

72‑5  Corporation must provide