Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p15
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 15/175)
Character Range: 209546–212510

individual who is at least 15 years of age is eligible for membership of an Aboriginal and Torres Strait Islander corporation.

141‑25  Corporation may have other eligibility requirements for membership
 (1) The constitution of an Aboriginal and Torres Strait Islander corporation may provide for other eligibility requirements for membership of the corporation.
 (2) If the corporation is a registered native title body corporate, the constitution must include eligibility requirements for membership that provide for all the common law holders of native title to be represented, directly or indirectly.

Division 144—How to become a member of an Aboriginal and Torres Strait Islander corporation

144‑1  How does a person become a member?
  A person becomes a member of an Aboriginal and Torres Strait Islander corporation if:
 (a) the person applies as provided for in section 144‑5; and
 (b) the person is eligible for membership; and
 (c) the application is accepted as provided for in section 144‑10; and
 (d) the person is entered on the register of members (see subsection 144‑10(5)).

144‑5  Application to corporation
 (1) A person (the applicant) who wants to become a member of an Aboriginal and Torres Strait Islander corporation must apply to the corporation.

Application to be in writing (replaceable rule—see section 60‑1)
 (2) The application must be in writing.

144‑10  Determination of applications for membership
 (1) The directors are responsible for deciding membership applications in respect of an Aboriginal and Torres Strait Islander corporation.
 (2) The directors must not accept an application for membership of the corporation unless:
 (a) the applicant applies for membership in the required manner; and
 (b) the applicant meets the eligibility for membership requirements of the corporation.

When membership application may be refused
 (3) Unless the corporation is a registered native title body corporate, the directors may refuse to accept the membership application even if paragraphs (2)(a) and (b) are complied with.
 (3A) The directors must accept the membership application if:
 (a) the corporation is a registered native title body corporate; and
 (b) paragraphs (2)(a) and (b) are complied with.

Circumstances when application not to be accepted
 (4) Despite subsections (3) and (3A), the directors must not accept the application if, by accepting the application, the corporation would be in breach of the requirement in section 141‑10 (to at all times be complying with the Indigeneity requirement).

If application accepted, entry on the register of members
 (5) If the directors accept the application, the corporation must enter the member on the register of members. Subject to subsection (8), the corporation must do so within 14 days of the acceptance.
Penalty: 5 penalty units.

Corporation to give notice if application not accepted
 (6) If the directors decide not to accept the application, the corporation