Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p25
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 25/175)
Character Range: 235046–237769

(3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units or imprisonment for 12 months, or both.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 169—When may a person bring or intervene in proceedings on behalf of an Aboriginal and Torres Strait Islander corporation?

169‑1  Bringing, or intervening in, proceedings on behalf of a corporation
 (1) A person who is:
 (a) either:
 (i) a member, former member, or person entitled to be registered as a member of an Aboriginal and Torres Strait Islander corporation or of a related body corporate; or
 (ii) an officer or former officer of the corporation; or
 (iii) the Registrar; and
 (b) acting with leave granted under section 169‑5;
may:
 (c) bring proceedings on behalf of an Aboriginal and Torres Strait Islander corporation; or
 (d) intervene in any proceedings to which an Aboriginal and Torres Strait Islander corporation is a party for the purpose of taking responsibility on behalf of the corporation for those proceedings, or for a particular step in those proceedings (for example, compromising or settling them).
 (2) Proceedings brought on behalf of the corporation must be brought in the corporation's name.
 (3) Any right a person may have otherwise had at general law to bring, or intervene in, proceedings on behalf of an Aboriginal and Torres Strait Islander corporation is abolished.
Note: This section does not prevent a person bringing, or intervening in, proceedings on the person's own behalf in respect of a personal right.

169‑5  Applying for and granting leave

Who may apply for leave?
 (1) A person referred to in paragraph 169‑1(1)(a) may apply to the Court for leave to bring, or to intervene in, proceedings.

Court to grant the application in certain circumstances
 (2) The Court must grant the application if it is satisfied that:
 (a) it is probable that the corporation will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them; and
 (b) the applicant is acting in good faith; and
 (c) it is in the best interests of the corporation that the applicant be granted leave; and
 (d) if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and
 (e) either:
 (i) at least 14 days before making the application, the applicant gave written notice to the corporation of the intention to apply for leave and of the reasons for applying; or
 (ii) it is appropriate to grant leave even though subparagraph (i) is not satisfied.
This subsection has effect subject to subsections (3) and (5).

When leave is not in