Document ID: chunk:federal_register_of_legislation:C2024C00492:front:0:p30
Version: federal_register_of_legislation:C2024C00492
Segment Type: other
Provision Reference: 
Character Range: 83360–86328

the pre‑amalgamation requirements.

Registrar not to register body in certain circumstances
 (2) However, the Registrar must not grant the application and register an Aboriginal and Torres Strait Islander corporation if, on registration, the corporation would not meet:
 (a) the Indigeneity requirement; or
 (b) the internal governance rules requirement; or
 (c) the name requirement.

26‑15  Registrar not to register trade unions etc.
  The following cannot be registered under this Act:
 (a) a trade union;
 (b) a body that is providing financial services (within the meaning of the Corporations Act);
 (c) a body of a kind prescribed in the regulations as a kind of body that must not be registered.

Division 29—What are the basic requirements for registration?

29‑1  Minimum number of members requirement
  An Aboriginal and Torres Strait Islander corporation meets the minimum number of members requirement if the corporation complies with the requirement in subsection 77‑5(1).

29‑5  Indigeneity requirement
  An Aboriginal and Torres Strait Islander corporation meets the Indigeneity requirement if the corporation has the following required number or percentage of its members who are Aboriginal and Torres Strait Islander persons:
 (a) if the corporation has 5 or more members—at least the percentage of members prescribed in the regulations for the purposes of this section;
 (b) if the corporation has fewer than 5 members but more than one member—all of the members, or all but one of the members;
 (c) if the corporation has only one member—that member.
Note: For the meaning of Aboriginal and Torres Strait Islander person, see section 700‑1.

29‑10  Age of members requirement
  An Aboriginal and Torres Strait Islander corporation meets the age of members requirement if each member of the corporation who is an individual is at least 15 years of age.

29‑15  Pre‑incorporation requirement
 (1) An Aboriginal and Torres Strait Islander corporation meets the pre‑incorporation requirement if 75% of the persons listed in the application for registration as persons who consent to become members of the corporation on registration have:
 (a) authorised the applicant to apply for the incorporation of the Aboriginal and Torres Strait Islander corporation; and
 (b) approved the proposed constitution provided to the Registrar under subsection 29‑20(2) as the constitution of the corporation; and
 (c) if the internal governance rules that would apply to the corporation will include one or more replaceable rules—agreed to those replaceable rules so applying; and
 (d) nominated, as persons who will become directors of the corporation, the persons specified in the application as persons who will become directors on registration; and
 (e) if the application indicates that the corporation is expected to be a small or medium corporation in respect of the corporation's first financial year—nominated, as a person who will become a contact person of