Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p60
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 60/175)
Character Range: 322730–325445

example, calling a meeting of the corporation's members or signing a document to be lodged with the Registrar or minutes of a meeting). Division 104 contains rules about the assumptions people are entitled to make when dealing with an Aboriginal and Torres Strait Islander corporation and its officers.

Division 249—Resignation, retirement or removal of directors

249‑1  How does a person cease to be a director?
  A person ceases to be a director of an Aboriginal and Torres Strait Islander corporation if:
 (a) the person dies; or
 (b) the person resigns as a director of the corporation as provided for in section 249‑5; or
 (c) the term of the person's appointment as a director of the corporation expires; or
 (d) the person is removed as a director of the corporation by the members of the corporation as provided for in section 249‑10; or
 (e) the person is removed as a director of the corporation by the other directors of the corporation as provided for in section 249‑15; or
 (f) the person becomes disqualified from managing corporations under Part 6‑5.

249‑5  Director may resign
 (1) A director of an Aboriginal and Torres Strait Islander corporation may resign as a director of the corporation by giving notice of resignation to the corporation.

Written notice to be given (replaceable rule—see section 60‑1)
 (2) The notice must be in writing.

249‑10  Removal by members

Resolution for removal of director
 (1) An Aboriginal and Torres Strait Islander corporation may, by resolution in general meeting, remove a director from office despite anything in:
 (a) the corporation's constitution; or
 (b) an agreement between the corporation and the director; or
 (c) an agreement between any or all members of the corporation and the director.
Note: See sections 201‑1 and 201‑5 for the rules on who may call meetings, sections 201‑20 to 201‑30 on how to call meetings and sections 201‑40 to 201‑50 for rules on members' resolutions.

Notice of intention to move resolution for removal of director
 (2) Notice of intention to move the resolution must be given to the corporation at least 21 days before the meeting is to be held. However, if the corporation calls a meeting after the notice of intention is given under this subsection, the meeting may pass the resolution even though the meeting is held less than 21 days after the notice of intention is given.
Note: Short notice of the meeting cannot be given for this resolution (see subsection 201‑20(3)).

Director to be informed
 (3) The corporation must give the director a copy of the notice as soon as practicable after it is received.
Penalty: 5 penalty units.

Director's right to put case to members
 (4) The director is entitled to put