Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p5
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 5/12)
Character Range: 154338–157178

is substituted; or
 (c) a provision of the constitution is repealed; or
 (d) a new provision is added to the constitution; or
 (e) a provision of the constitution is modified.
 (2) The particular constitutional change is:
 (a) in the case of paragraph (1)(a)—the new constitution; and
 (b) in the case of paragraphs (1)(b) and (d)—the repeal (if any) and the new provision; and
 (c) in the case of paragraph (1)(c)—the repeal; and
 (d) in the case of paragraph (1)(e)—the modification.

69‑15  Extra requirements for constitutional change in constitution
 (1) An Aboriginal and Torres Strait Islander corporation's constitution may provide that a change to its constitution does not have any effect unless a requirement specified in the constitution relating to that constitutional change has been complied with.
 (2) Unless the constitution provides otherwise, the corporation may modify or repeal a requirement described in subsection (1) only if the requirement is itself complied with.
Note: Section 69‑40 deals with when the constitutional change takes effect.

69‑20  Corporation to lodge copy of constitutional changes
 (1) If no requirement of a kind mentioned in section 69‑15 is specified in the corporation's constitution, within 28 days after the special resolution is passed, the corporation must lodge with the Registrar:
 (a) a copy of the special resolution; and
 (b) a copy of those parts of the minutes of the meeting at which the special resolution was passed that relate to the passing of the special resolution; and
 (c) a directors' statement (see subsection (5)); and
 (d) a copy of the constitutional change.
Penalty: 5 penalty units.
 (2) If a constitutional change is not to have effect until a requirement specified in the corporation's constitution has been complied with, the corporation must lodge the documents referred to in subsection (1) in addition to proof that the requirement has been met within 28 days after the requirement has been met.
Penalty: 5 penalty units.
 (3) An offence against subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) The Registrar may direct the corporation to lodge a consolidated copy of the corporation's constitution. The consolidation must set out the constitution as it will be if the Registrar registers the constitutional change.
 (5) A directors' statement is a statement signed by:
 (a) 2 directors of the corporation; or
 (b) if there is only 1 director—that director;
to the effect that the special resolution was passed in accordance with the internal governance rules.
Note: A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection (1) or (2). See sections 265‑40 and 386‑10.

69‑25  Special administrator to