Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p69
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 69/175)
Character Range: 345825–348606

of subsection (1) contravenes this subsection.
Note 1: Section 694‑55 defines involved in.
Note 2: This subsection is a civil penalty provision (see section 386‑1).

265‑20  Acts done to comply with Native Title legislation obligations
  A person who is a director or other officer, or an employee, of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate does not contravene subsection 265‑1(1), 265‑5(1), 265‑10(1) or 265‑15(1), and does not breach the person's equivalent duties at common law and in equity, merely because of doing (or refraining from doing) a particular act if the person does (or refrains from doing) the act:
 (a) in good faith; and
 (b) 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.

265‑25  Good faith, use of position and use of information—criminal offences

Good faith—directors and other officers
 (1) A director or other officer of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she:
 (a) is reckless; or
 (b) is intentionally dishonest;
and fails to exercise his or her powers and discharge his or her duties:
 (c) in good faith in the best interests of the corporation; or
 (d) for a proper purpose.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
 (2) A director or other officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate does not contravene subsection (1) merely because of doing (or refraining from doing) a particular act if the director or other officer does (or refrains from doing) the act:
 (a) in good faith; and
 (b) 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.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Use of position—directors, other officers and employees
 (3) A director, other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses his or her position dishonestly:
 (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or
 (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

Use of information—directors, other officers and employees
 (4) A person who obtains information because he or she is, or has been,