Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p18
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 18/175)
Character Range: 217359–220186

the corporation's particular circumstances (subject to the internal governance rules requirements).
 (1A) Section 150‑22 provides for cancellation of membership of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate on the grounds of ineligibility for membership or failure to pay fees. If membership of such a corporation is to be cancelled on either of these grounds, the only way the membership may be cancelled is as provided for in section 150‑22.

Specific grounds for cancellation of membership
 (2) Sections 150‑25, 150‑30 and 150‑35 deal with cancellation of membership on the grounds that:
 (a) the member is uncontactable (see section 150‑25); and
 (b) the member is not an Aboriginal and Torres Strait Islander person (see section 150‑30); and
 (c) the member has misbehaved (see section 150‑35).
If a membership is to be cancelled on any of the grounds set out in these sections, the only way the membership may be cancelled is as provided for in the applicable section.

Registered native title body corporate constitution may not include other grounds for cancellation
 (2A) The constitution of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate must not provide for cancellation of membership on any other ground.
Note: An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187‑5).

Register to be amended within 14 days of membership being cancelled
 (3) Within 14 days after the cancellation of membership, the corporation must remove the member's name from the register of members as a current member of the corporation.
Penalty: 5 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

150‑20  Member of corporation that is not a registered native title body corporate not eligible for membership etc. (replaceable rule—see section 60‑1)

Cancellation of membership if member is not eligible etc.
 (1) The directors of an Aboriginal and Torres Strait Islander corporation that is not a registered native title body corporate may, by resolution, cancel the membership of a member of the corporation if:
 (a) either:
 (i) the member is not eligible for membership; or
 (ii) the member has ceased to be eligible for membership of the corporation; or
 (b) the member has not paid the member's membership fees (if any).

Member to be given notice
 (2) Before cancelling the membership, the directors must give the member notice in writing:
 (a) stating that the directors intend to cancel the membership for the reasons specified in the notice; and
 (b) stating that the member has 14 days to object to the cancellation of