Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p71
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 71/175)
Character Range: 350849–353759

contravenes this subsection if the corporation contravenes any of the following provisions:
 (a) subsection 69‑20(1) or (2) (requirement to lodge copy of constitutional changes);
 (b) section 88‑1 (requirement to lodge material about change of name);
 (c) subsection 112‑5(5), (6) or (7) (requirements about registered office);
 (d) section 180‑35 (requirement to give copy of register of members or register of former members);
 (e) subsection 304‑5(1), (3), (5) or (6) (requirement to lodge details of directors and secretaries);
 (f) section 330‑10 (requirement to lodge general report);
 (g) section 348‑1 (requirement to lodge annual report).
Note: This subsection is a civil penalty provision (see section 386‑1).

Defence of reasonable steps
 (2) A person does not contravene subsection (1) in relation to a corporation's contravention of a provision mentioned in that subsection if the person shows that he or she took reasonable steps to ensure that the corporation complied with the provision.

265‑45  Meaning of reasonable reliance on information or advice provided by others
 (1) If:
 (a) a director of an Aboriginal and Torres Strait Islander corporation relies on information, or professional or expert advice, given or prepared by:
 (i) an employee of the corporation whom the director believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or
 (ii) a professional adviser or expert in relation to matters that the director believes on reasonable grounds to be within the person's professional or expert competence; or
 (iii) another director or officer in relation to matters within the director's or officer's authority; or
 (iv) a committee of directors on which the director did not serve in relation to matters within the committee's authority; and
 (b) the reliance was made:
 (i) in good faith; and
 (ii) after making an independent assessment of the information or advice, having regard to the director's knowledge of the corporation and the complexity of the structure and operations of the corporation; and
 (c) the reasonableness of the director's reliance on the information or advice arises in proceedings brought to determine whether a director has performed a duty under this Part or an equivalent general law duty;
the director's reliance on the information or advice is taken to be reasonable unless the contrary is proved.
 (2) To avoid doubt, a person may be considered an expert in relation to questions of traditional laws and customs.

265‑50  Responsibility for actions of delegate
 (1) If the directors of an Aboriginal and Torres Strait Islander corporation delegate a power under section 274‑10, each director is responsible for the exercise of the power by the delegate as if the power had been exercised by the directors themselves.
 (2) A director of an Aboriginal and Torres Strait Islander corporation is not responsible