Document ID: chunk:federal_register_of_legislation:C2010C00237:clause:3_74
Version: federal_register_of_legislation:C2010C00237
Segment Type: clause
Provision Reference: sch 3 cl 74
Character Range: 75860–77889

74  Pending application treated as application under new Act

Application treated as application under section 21‑1 of new Act

(1) On commencement, the application is taken to be an application under section 21‑1 of the new Act for the registration of an Aboriginal and Torres Strait Islander corporation.

Note: The application will only be granted if the requirements of the new Act are met.

Applicant in relation to application under section 21‑1 of the new Act

(2) The CATSI Registrar must request the committee of the association, in writing, to advise the Registrar, within 28 days of the request, of the name and address of the person who is to be the applicant in relation to the application under section 21‑1 of the new Act.

(3) If the committee of the association advises the CATSI Registrar of the name and address of the person in accordance with the request under subitem (2), that person is taken to be the applicant for the application under section 21‑1 of the new Act.

(4) If the committee of the association does not comply with the request under subitem (2), the CATSI Registrar may treat the application under section 21‑1 of the new Act as having been withdrawn and notify the committee in writing accordingly.

(5) The CATSI Registrar may also treat the application under section 21‑1 of the new Act as having been withdrawn if:
 (a) the committee of the association advises the Registrar of the name and address of the person in accordance with the request under subitem (2); and
 (b) the person has not consented to being the applicant for the application under section 21‑1 of the new Act.

Registrar's power to seek further information

(6) Without limiting section 21‑10 of the new Act, the CATSI Registrar may, under that section, request the applicant to provide further information for the purposes of determining the application.

Note: The application under section 43 of the old Act may well not have included all the information that is required by sections 21‑1 and 21‑5 of the new Act.