Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p23
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 23/175)
Character Range: 230186–232857

members of Aboriginal and Torres Strait Islander corporations are:
 (a) the right to seek a Court order concerning oppressive conduct of the affairs of the corporation as provided for in Division 166; and
 (b) the right to bring or intervene in proceedings on behalf of the corporation as provided for in Division 169; and
 (c) the rights relating to the changing of class rights as provided for in Division 172; and
 (d) the right to apply to the Court for an order to inspect the corporation's books as provided for in Division 175.

Division 166—Oppressive conduct of affairs

166‑1  Grounds for Court order
 (1) Subject to subsection (2), the Court may make an order under section 166‑5 if:
 (a) the conduct of an Aboriginal and Torres Strait Islander corporation's affairs; or
 (b) an actual or proposed act or omission by or on behalf of an Aboriginal and Torres Strait Islander corporation; or
 (c) a resolution, or a proposed resolution, of members or a class of members of an Aboriginal and Torres Strait Islander corporation;
is either:
 (d) contrary to the interests of the members as a whole; or
 (e) oppressive to, unfairly prejudicial to or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.
 (2) If the corporation is a registered native title body corporate, the Court must not make an order under subsection 166‑5(1) on the basis of:
 (a) an act (or omission from doing an act); or
 (b) a proposed act (or omission from doing an act);
if an officer or employee of the corporation does (or refrains from doing), or proposes to do (or refrain from doing), the act:
 (c) in good faith; and
 (d) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.

166‑5  Orders the Court can make
 (1) The Court can make any order under this section that it considers appropriate in relation to the corporation, including the following:
 (a) an order that the corporation be wound up;
 (b) an order that the corporation's existing constitution be modified or repealed and replaced;
 (c) an order regulating the conduct of the corporation's affairs in the future;
 (d) an order for the corporation to institute, prosecute, defend or discontinue specified proceedings;
 (e) an order appointing a receiver, or a receiver and manager, of any or all of the corporation's property;
 (f) an order restraining a person from engaging in specified conduct or from doing a specified act;
 (g) an order requiring a person to do a specified act.

Order that the corporation be wound up
 (2) If an order that the corporation be