Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p6
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 6/12)
Character Range: 156924–159856

with the internal governance rules.
Note: A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection (1) or (2). See sections 265‑40 and 386‑10.

69‑25  Special administrator to lodge copy of constitutional changes
  If the special administrator of an Aboriginal and Torres Strait Islander corporation changes the corporation's constitution under section 499‑5, the special administrator must lodge a copy of the change with the Registrar.

69‑30  Registrar to determine if constitutional change should be registered

Registrar to decide
 (1) The Registrar must decide whether to register a constitutional change lodged under section 69‑20 or 69‑25.

Changed internal governance rules must comply with the internal governance rules requirement
 (2) The Registrar must not register the change unless the Registrar is satisfied that, with the constitutional change, the internal governance rules of the corporation would comply with the internal governance rule requirements.

Proposed change after Registrar's change
 (3) In addition to being satisfied as required by subsection (2), the Registrar must not register a constitutional change lodged after the Registrar has changed the constitution under section 69‑35 unless the Registrar is satisfied that:
 (a) the lodged change is consistent with the change made by the Registrar, taking into account the Registrar's reasons for making that change; and
 (b) the reasons for the Registrar making that change are no longer applicable.

If Registrar is not satisfied
 (4) If the Registrar is not satisfied as required by this section, the Registrar must:
 (a) refuse to register the change; and
 (b) notify the corporation or special administrator concerned in writing of the decision within 28 days after that decision.

If Registrar is satisfied
 (5) If the Registrar is satisfied as required by this section, the Registrar must register the change within 28 days after making the decision.

69‑35  Registrar may change an Aboriginal and Torres Strait Islander corporation's constitution on own initiative
 (1) The Registrar may, on his or her own initiative, change an Aboriginal and Torres Strait Islander corporation's constitution in the circumstances set out in subsection (2) or (3).
 (2) The Registrar may change the constitution if the Registrar is satisfied that the corporation is not meeting the internal governance rules requirements.
Note: Section 66‑1 sets out the requirements.
 (3) The Registrar may change the constitution if the Registrar is satisfied that:
 (a) the conduct of the corporation's affairs; or
 (b) an actual or proposed act or omission by or on behalf of the corporation; or
 (c) a resolution, or a proposed resolution, of members or a class of members of the corporation;
is either:
 (d) contrary to the interests of the members as a whole; or
 (e) oppressive to, unfairly