Document ID: chunk:federal_register_of_legislation:C2024C00492:section:5:p1
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 122662–125596

5                         registered office       registered office or document access address

Note: If a number of Aboriginal and Torres Strait Islander corporations wish to amalgamate, it may be possible, in some circumstances, for them to proceed with the amalgamation by means of an application to the Registrar under Division 23 (as an alternative to applying to a court for an order under the applied Corporations Act arrangements and reconstructions provisions).
 (2) The Corporations Act arrangements and reconstructions provisions apply to an Aboriginal and Torres Strait Islander corporation:
 (a) only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and
 (b) with the modifications specified in the regulations.
 (3) Regulations made for the purposes of paragraph (2)(b) must not:
 (a) increase, or have the effect of increasing, the maximum penalty for any offence; or
 (b) widen, or have the effect of widening, the scope of any offence.
 (4) In this Act:
Corporations Act arrangements and reconstructions provisions means:
 (a) Part 5.1 of the Corporations Act (other than paragraph 411(17)(a), subsection 412(3) and (5) and section 414); and
 (b) section 425, subsections 427(2) and (4), sections 428, 432 and 434 of, and Subdivision B of Division 90 of Schedule 2 to, that Act to the extent to which they are applied by subsection 411(9) of that Act; and
 (c) the other provisions of that Act (including Parts 1.2, 5.8, 5.9 and 9.4 and Schedule 3 but not including Parts 1.1, 1.1A and 9.4A) to the extent to which they relate to the operation of Part 5.1 of that Act and the provisions referred to in paragraph (b) of this definition; and
 (d) the regulations and rules made under that Act for the purposes of Part 5.1 of that Act and the provisions referred to in paragraphs (b) and (c) of this definition.

Chapter 3—Basic features of an Aboriginal and Torres Strait Islander corporation

Part 3‑1—Introduction

Division 52—Introduction

52‑1  What this Chapter is about
      This Chapter deals with the internal governance rules, the minimum number of members requirement, names and the powers of an Aboriginal and Torres Strait Islander corporation. It also deals with other basic matters affecting an Aboriginal and Torres Strait Islander corporation.

Part 3‑2—Rules dealing with the internal governance of corporations

Division 57—Introduction

57‑1  What this Part is about
      The rules dealing with the internal governance of an Aboriginal and Torres Strait Islander corporation are of 4 kinds:

                (a) common law rules; and
                (b) rules in this Act that cannot be replaced by the corporation's constitution; and
                (c) replaceable rules in this Act that may be modified or replaced by the corporation's constitution; and
                (d) rules that are in the corporation's constitution.
      Some