Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p174
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 174/175)
Character Range: 611464–614331

receiver and manager, of property of the corporation; or
 (b) an administrator of the corporation appointed under Part 5.3A of the Corporations Act;
does after the special administration begins and on or before the day on which the Registrar complies with subsection 493‑1(4) in relation to the special administration.

496‑20  Order for compensation where officer involved in void transaction
 (1) If:
 (a) a court finds that a person committed an offence constituted by a contravention of subsection 496‑15(5) (including such an offence that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code); and
 (b) the court is satisfied that the Aboriginal and Torres Strait Islander corporation or another person has suffered loss or damage because of the act or omission constituting the offence;
the court may (whether or not it imposes a penalty) order the first‑mentioned person to pay compensation to the corporation or other person, as the case may be, of such amount as the order specifies.
 (2) An order under subsection (1) may be enforced as if it were a judgment of the court.
 (3) The power of a court under section 576‑1 to relieve a person from liability as mentioned in that section extends to relieving a person from liability to be ordered under this section to pay compensation.

Division 499—Function, duties and powers of special administrator

499‑1  Function of special administrator
  While an Aboriginal and Torres Strait Islander corporation is under special administration, the special administrator is responsible for the conduct of the affairs of the corporation.

499‑5  Powers of special administrator
 (1) While an Aboriginal and Torres Strait Islander corporation is under special administration, the special administrator:
 (a) has control of the corporation's business, property and affairs; and
 (b) may carry on that business and manage that property and those affairs; and
 (c) may terminate or dispose of all or part of that business, and may dispose of any of that property; and
 (d) may engage or discharge employees on behalf of the corporation; and
 (e) may perform any function, and exercise any power, that:
 (i) the corporation; or
 (ii) any of the corporation's officers; or
 (iii) the corporation's members;
  could perform or exercise if the corporation were not under special administration.
This subsection has effect even if the offices of the corporation's officers are not vacated on the appointment of the special administrator.
 (2) To avoid doubt and without limiting paragraph (1)(e), the special administrator may perform any function and exercise any power that the corporation has as trustee.
 (3) Without limiting subsection (1), the special administrator may do the following:
 (a) change the corporation's constitution;
 (b) admit a person as a member of the corporation;
 (c)