Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p87
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 87/175)
Character Range: 391479–394159

performing duties as an officer or employee of the following:
 (i) the corporation;
 (ii) an entity that the corporation controls;
 (iii) an entity that controls the corporation;
 (iv) an entity that is controlled by an entity that controls the corporation; and
 (b) to give the benefit would be reasonable in the circumstances of the corporation or entity giving the remuneration.
 (4) For the purposes of this section:
 (a) a contribution made by an Aboriginal and Torres Strait Islander corporation or related body corporate to a fund for the purpose of making provision for, or obtaining, superannuation benefits for an officer of the corporation or related body corporate, or for dependants of an officer of the corporate or related body corporate, is remuneration provided by the body to the officer of the body; and
 (b) a financial benefit given to a person because of the person ceasing to hold an office or employment as an officer or employee of a body corporate is remuneration paid or provided to the person in a capacity as an officer of the body.

287‑5  Benefit to or by closely‑held subsidiary
 (1) Member approval is not needed to give a financial benefit if the benefit is given:
 (a) by a body corporate to a closely‑held subsidiary of the body; or
 (b) by a closely‑held subsidiary of a body corporate to the body or an entity it controls.
 (2) For the purposes of this section, a body corporate is a closely‑held subsidiary of another body corporate if, and only if, no member of the first‑mentioned body is a person other than:
 (a) the other body; or
 (b) a nominee of the other body; or
 (c) a body corporate that is a closely‑held subsidiary of the other body because of any other application or applications of this subsection; or
 (d) a nominee of a body referred to in paragraph (c).
 (3) For the purposes of subsection (2), disregard shares that are not voting shares.

287‑10  Benefits to members that do not discriminate unfairly
  Member approval is not needed to give a financial benefit if:
 (a) the benefit is given to the related party in the related party's capacity as a member of the corporation; and
 (b) giving the benefit does not discriminate unfairly against the other members of the corporation.

287‑12  Benefits given to comply with Native Title legislation obligations
  Member approval is not needed to give a financial benefit if the benefit is given to the related party to comply with a Native Title legislation obligation.

287‑15  Court order
  Member approval is not needed to give a financial benefit under an order of a court.

Division 290—Procedure for obtaining member approval

290‑1  Resolution may specify matters by