Document ID: chunk:federal_register_of_legislation:C2024C00492:front:0:p28
Version: federal_register_of_legislation:C2024C00492
Segment Type: other
Provision Reference: 
Character Range: 77965–80918

must state the effect of subsection (3).

Part 2‑3—Decisions on applications

Division 26—Registrar to decide application

26‑1  Registrar to decide application

Registrar to decide
 (1) The Registrar must make a decision whether or not to grant an application under section 21‑1, 22‑1 or 23‑1 for registration of an Aboriginal and Torres Strait Islander corporation.

When may Registrar grant application
 (2) The Registrar may decide to grant the application if:
 (a) an application under section 21‑1, 22‑1 or 23‑1 has been lodged for registration of the corporation (but see section 26‑5); and
 (b) if the application is made under section 21‑1—the application is accompanied by the matters set out in section 21‑5 (but see section 26‑5); and
 (ba) if the application is made under section 22‑1—the application is accompanied by the matters set out in section 22‑5 (but see section 26‑5); and
 (bb) if the application is made under section 23‑1—the application is accompanied by the matters set out in section 23‑5 (but see section 26‑5); and
 (c) the Registrar is satisfied that, on registration, the corporation will meet the following basic requirements set out in Division 29 (but see section 26‑10):
 (i) the minimum number of members requirement (see section 29‑1);
 (ii) the Indigeneity requirement (see section 29‑5);
 (iii) the age of members requirement (see section 29‑10);
 (iv) if the application is made under section 21‑1—the pre‑incorporation requirement (see section 29‑15);
 (iva) if the application is made under section 22‑1—the pre‑transfer of registration requirement (see section 29‑17);
 (ivb) if the application is made under section 23‑1—the creditor notice requirements (see section 29‑18) and the pre‑amalgamation requirements (see section 29‑19);
 (v) the internal governance rules requirement (see section 29‑20);
 (vi) the name requirement (see section 29‑25); and
 (d) section 26‑15 does not preclude the registration; and
 (e) the Registrar is satisfied that it is more appropriate that the corporation be registered under this Act than under the Corporations Act or a law of a State or Territory dealing with incorporated bodies; and
 (f) the Registrar is satisfied that registering the corporation would not be contrary to the public interest.

Special rules for amalgamation application under section 23‑1
 (3) Subsections (4) and (5) apply in deciding whether to grant an application under section 23‑1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations).
 (4) The Registrar must not grant the application if an objection to the grant of the application has been made under subsection 29‑18(3) and the objection has not been withdrawn.
 (5) In addition to the matters referred to in subsection (2), the Registrar may have regard to the following matters in