Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p2
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 2/12)
Character Range: 146156–149110

class of Aboriginal and Torres Strait Islander corporation.
 (2) Without limiting subsection (1), the regulations may:
 (a) modify or repeal the replaceable rules; and
 (b) set out new replaceable rules.

Division 63—What are the internal governance rules of a corporation?

63‑1  Meaning of internal governance rules
  The following constitute the internal governance rules of an Aboriginal and Torres Strait Islander corporation:
 (a) the replaceable rules (if any) applying to the corporation;
 (b) the rules (if any) in the corporation's constitution that modify or replace some or all of the replaceable rules;
 (c) the rules (if any) in the corporation's constitution providing for the resolution of disputes between the corporation and persons who are or who claim to be common law holders of native title;
 (d) the other rules dealing with the internal governance of the corporation that are in the corporation's constitution.

Division 66—What are the internal governance rules requirements?

66‑1  Requirements
 (1) The following are the internal governance rules requirements for an Aboriginal and Torres Strait Islander corporation.
 (2) The corporation must have a constitution written in English that sets out the corporation's objects.
 (3) The corporation's constitution must cover the matters that this Act specifies must be covered in the corporation's constitution.
 (3A) The corporation's constitution must provide for the resolution of disputes internal to the operation of the corporation.
 (3B) If:
 (a) the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or
 (b) the corporation is a registered native title body corporate;
the corporation's constitution must provide for the resolution of disputes between the corporation and a person who is or who claims to be a common law holder of native title (whether or not the person is a member of the corporation) in relation to:
 (c) whether or not the person is a common law holder of native title; or
 (d) the corporation's performance of its functions under the Native Title legislation.
 (4) The internal governance rules must cover the matters that are provided for in the replaceable rules (see section 66‑5).
 (5) The internal governance rules must also be:
 (a) internally consistent; and
 (b) adequate and workable, given the context in which the corporation operates; and
 (c) consistent with this Act; and
 (d) consistent with the Native Title legislation if:
 (i) the application for registration of the corporation seeks registration for the purpose of becoming a registered native title body corporate; or
 (ii) the corporation is a registered native title body corporate.
 (6) The corporation must meet the requirements at all times after registration.
Note 1: An application for registration of an Aboriginal and Torres Strait Islander corporation may not be successful unless the