Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p20
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 20/175)
Character Range: 222442–225132

stating that the directors intend to cancel the membership for the reasons specified in the notice; and
 (b) stating that the member has 14 days to object to the cancellation of the membership; and
 (c) stating that the objection must be:
 (i) in writing; and
 (ii) given to the corporation within the period of 14 days from the day the notice is given.
 (5) If the member does not object as provided for in paragraph (4)(c), the directors must cancel the membership.
 (6) If the member does object as provided for in paragraph (4)(c):
 (a) the directors must not cancel the membership; and
 (b) only the corporation by resolution in general meeting may cancel the membership.

Notice
 (7) If the membership is cancelled, the directors must give the member a copy of the resolution (being either the resolution of the directors or the resolution of the general meeting) as soon as practicable after the resolution has been passed.
Penalty: 5 penalty units.
 (8) An offence against subsection (7) is an offence of strict liability.

150‑25  Member not contactable

Operation of section
 (1) This section operates despite section 150‑20 or any provision of an Aboriginal and Torres Strait Islander corporation's constitution.
Note: An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187‑5).

Membership may be cancelled if not contactable
 (2) If the membership of a member of an Aboriginal and Torres Strait Islander corporation is to be cancelled on the ground that the member is not contactable, the membership may only be cancelled on that ground if the cancellation is effected in the manner and circumstances set out in subsection (3).

Manner and circumstances
 (3) The membership may be cancelled by special resolution in general meeting if:
 (a) the corporation has not been able to contact the member at the address for the member that is entered on the register of members; and
 (b) the corporation has not been able to contact that person at that address for a continuous period of 2 years prior to the meeting; and
 (c) the corporation has made 2 or more reasonable attempts to otherwise contact the member during that 2 year period but has been unable to.

Notice
 (4) If the corporation does so cancel the membership, the directors must send the member a copy of the resolution at the last known address of the member, as soon as practicable after the resolution has been passed.
Penalty: 5 penalty units.
 (5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

150‑30  Member is not an Aboriginal and