Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p57
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 57/175)
Character Range: 314867–317853

6‑3 deals with the appointment of secretaries and contact persons.
      Part 6‑4 deals with the duties and powers of directors and other officers and employees.
      Part 6‑5 deals with the disqualification of persons from managing Aboriginal and Torres Strait Islander corporations.
      Part 6‑6 deals with related party transactions.
      Part 6‑7 deals with public information about officers of Aboriginal and Torres Strait Islander corporations.

Part 6‑2—Appointment, remuneration and cessation of appointment of directors

Division 240—Introduction

240‑1  What this Part is about

      This Part deals with the directors of an Aboriginal and Torres Strait Islander corporation.
      Division 243 deals with the minimum and maximum number of directors that a corporation may have.
      Divisions 246 and 249 deal with the appointment, resignation and removal of directors.
      Division 252 deals with the remuneration of directors.

Division 243—Number of directors

243‑1  Minimum number of directors

Corporations with 1 member
 (1) An Aboriginal and Torres Strait Islander corporation that has 1 member must have at least 1 director.

Corporations with 2 members
 (2) An Aboriginal and Torres Strait Islander corporation that has 2 members must have at least 2 directors.

Corporations with more than 2 members
 (3) An Aboriginal and Torres Strait Islander corporation that has more than 2 members must have at least 3 directors.

243‑5  Maximum number of directors
  An Aboriginal and Torres Strait Islander corporation must not have more than:
 (a) 12 directors; or
 (b) if the regulations prescribe a different number of directors for the purpose of this paragraph—that number of directors.
Note: An application may be made to exempt the corporation from the requirements of this section (see section 310‑5).

Division 246—Appointment of directors

246‑1  Eligibility for appointment as a director
 (1) Only an individual who is at least 18 years of age may be appointed as a director of an Aboriginal and Torres Strait Islander corporation.
 (2) An individual who is disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6‑5 may only be appointed as a director of an Aboriginal and Torres Strait Islander corporation if the appointment is made:
 (a) with permission granted by the Registrar under section 279‑30; or
 (b) with leave granted by the Court under section 279‑35.
 (3) Unless an Aboriginal and Torres Strait Islander corporation's constitution provides otherwise, the following may not be appointed as a director of the corporation:
 (a) an individual who is not a member of the corporation;
 (b) an individual who is not an Aboriginal and Torres Strait Islander person.

246‑5  Majority of director requirements
 (1) A majority of the directors of an Aboriginal and Torres Strait Islander corporation must be individuals who are Aboriginal and Torres Strait Islander persons.
 (2) A majority of the directors of the