Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p24
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 24/175)
Character Range: 232634–235291

restraining a person from engaging in specified conduct or from doing a specified act;
 (g) an order requiring a person to do a specified act.

Order that the corporation be wound up
 (2) If an order that the corporation be wound up is made under this section, the provisions of this Act relating to the winding up of Aboriginal and Torres Strait Islander corporations apply:
 (a) as if the order were made under section 526‑1; and
 (b) with such changes as are necessary.
Without limiting this, section 526‑35 (which applies certain provisions of the Corporations Act) applies to the winding up.

Changes to constitution made after order that are inconsistent with the Court ordered change
 (3) If:
 (a) the constitution of the corporation is changed by an order made under this section; and
 (b) after the order, a change to the constitution is proposed; and
 (c) the proposed change is inconsistent with the change made by the order;
the Registrar must not register the proposed change unless:
 (d) the order states that the constitution can be changed; or
 (e) the leave of the court is obtained by:
 (i) in any case—the Registrar; or
 (ii) if the change is not to be made under section 69‑35—the corporation.
Note: See section 69‑10 for the meaning of changed in relation to an Aboriginal and Torres Strait Islander corporation's constitution.

166‑10  Who can apply for an order?
  An application for an order under section 166‑5 in relation to an Aboriginal and Torres Strait Islander corporation may be made by:
 (a) a member of the corporation, even if the application relates to an act or omission that is against:
 (i) the member in a capacity other than as a member; or
 (ii) another member in that member's capacity as a member; or
 (b) a person who has ceased to be a member of the corporation if the application relates to the circumstances in which the person ceased to be a member; or
 (c) a person whom the Registrar thinks appropriate having regard to investigations the Registrar is conducting or has conducted into:
 (i) the corporation's affairs; or
 (ii) matters connected with the corporation's affairs; or
 (d) the Registrar.

166‑15  Requirement for person to lodge order
 (1) If an order is made under section 166‑5, the applicant must lodge a copy of the order with the Registrar within 14 days after it is made.
 (2) Subsection (1) does not apply if the applicant is the Registrar.
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units or imprisonment for 12 months, or both.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see