Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p61
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 61/175)
Character Range: 325220–327871

be informed
 (3) The corporation must give the director a copy of the notice as soon as practicable after it is received.
Penalty: 5 penalty units.

Director's right to put case to members
 (4) The director is entitled to put his or her case to members by:
 (a) giving the corporation a written statement for circulation to members (see subsections (5) and (6)); and
 (b) speaking to the motion at the meeting (whether or not the director is a member of the corporation).

Circulation of statement
 (5) The written statement is to be circulated by the corporation to members by:
 (a) sending a copy to everyone to whom notice of the meeting is sent if there is time to do so; or
 (b) if there is not time to comply with paragraph (a)—having the statement distributed to members attending the meeting and read out at the meeting before the resolution is voted on.
Penalty: 5 penalty units.
 (6) The written statement does not have to be circulated to members if it is defamatory.

Time of retirement
 (7) If a person is appointed to replace a director removed under this section, the time at which:
 (a) the replacement director; or
 (b) any other director;
is to retire is to be worked out as if the replacement director had become director on the day on which the replaced director was last appointed a director.
 (8) An offence against subsection (3) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

249‑15  Removal by other directors
 (1) The only ground on which the directors of an Aboriginal and Torres Strait Islander corporation may remove a director from office is that he or she fails without reasonable excuse to attend 3 or more consecutive directors' meetings. The directors may remove the director by resolution.
 (2) Subsection (1) operates despite anything in:
 (a) the corporation's constitution; or
 (b) an agreement between the corporation and the director; or
 (c) an agreement between any or all members of the corporation and the director.

Director to be given notice
 (3) Before removing the director, the directors must give the director concerned notice in writing:
 (a) stating that the directors intend to remove the director concerned from office because he or she has failed without reasonable excuse to attend 3 or more consecutive directors' meetings; and
 (b) stating that the director concerned has 14 days to object to the removal; and
 (c) stating that the objection must be:
 (i) in writing; and
 (ii) given to the corporation within the period of 14 days from the day the notice is given.
Penalty: 5 penalty units.
 (4) An offence against subsection (3)