Document ID: chunk:federal_register_of_legislation:C2012A00180:clause:6_11
Version: federal_register_of_legislation:C2012A00180
Segment Type: clause
Provision Reference: sch 6 cl 11
Character Range: 25643–26871

11  Section 265‑40
Repeal the section, substitute:

265‑40  Responsibility of secretaries for certain contraventions

Responsibilities of secretaries
 (1) A secretary of an Aboriginal and Torres Strait Islander corporation contravenes this subsection if the corporation contravenes any of the following provisions:
 (a) subsection 69‑20(1) or (2) (requirement to lodge copy of constitutional changes);
 (b) section 88‑1 (requirement to lodge material about change of name);
 (c) subsection 112‑5(5), (6) or (7) (requirements about registered office);
 (d) section 180‑35 (requirement to give copy of register of members or register of former members);
 (e) subsection 304‑5(1), (3), (5) or (6) (requirement to lodge details of directors and secretaries);
 (f) section 330‑10 (requirement to lodge general report);
 (g) section 348‑1 (requirement to lodge annual report).
Note: This subsection is a civil penalty provision (see section 386‑1).

Defence of reasonable steps
 (2) A person does not contravene subsection (1) in relation to a corporation's contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.