Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p8
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 8/12)
Character Range: 162144–165026

a copy of its constitution.
Note: Under section 322‑5, an Aboriginal and Torres Strait Islander corporation must keep an up‑to‑date copy of its constitution.
 (2) A direction made under subsection (1) is not a legislative instrument.

72‑5  Corporation must provide governance material to members

Corporation must provide member with constitution etc.
 (1) If a member of an Aboriginal and Torres Strait Islander corporation asks for a copy of the corporation's constitution or internal governance framework rules, the corporation must provide to the member a copy of the corporation's internal governance framework rules:
 (a) free of charge; and
 (b) within 7 days.
Penalty: 5 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Registered office
 (3) An Aboriginal and Torres Strait Islander corporation that is registered as a large corporation must make available for inspection by members and officers at its registered office, its internal governance framework rules. The rules must be available for inspection each business day from at least 10 am to 12 noon and from at least 2 pm to 4 pm.
Note: Failure to comply with this subsection is an offence under section 376‑1.

Document access address
 (4) An Aboriginal and Torres Strait Islander corporation that is registered as a small or medium corporation must make available for inspection by members and officers at its document access address, its internal governance framework rules. The rules must be made available for inspection within 7 days of a member's or officer's written request for inspection.
Note: Failure to comply with this subsection is an offence under section 376‑1.
 (5) A corporation must make rules available under subsections (3) and (4) free of charge.
Penalty: 5 penalty units.
 (6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) The internal governance framework rules of an Aboriginal and Torres Strait Islander corporation are:
 (a) the corporation's constitution; and
 (b) any replaceable rules that apply to the corporation; and
 (c) any other material concerning the internal governance of the corporation that is prescribed.

72‑10  Constitution may limit powers
 (1) An Aboriginal and Torres Strait Islander corporation's constitution may contain an express restriction on, or a prohibition of, the corporation's exercise of any of its powers. The exercise of a power by the corporation is not invalid merely because it is contrary to an express restriction or prohibition in the corporation's constitution.
 (2) An act of the corporation is not invalid merely because it is contrary to or beyond the objects set out in the corporation's constitution.

Part 3‑3—Minimum number of members of