Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p149
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 149/175)
Character Range: 548242–551236

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Chapter 10—Regulation and enforcement

Part 10‑1—Introduction

Division 434—Introduction

434‑1  What this Chapter is about

      This Chapter deals with the regulation of Aboriginal and Torres Strait Islander corporations and enforcement.
      Part 10‑2 of this Chapter deals with the regulation of Aboriginal and Torres Strait Islander corporations by the Registrar.
      Part 10‑3 deals with the enforcement powers available to ensure compliance with the Act etc.
      Part 10‑4 deals with offences relating to the regulatory and enforcement powers.
      Part 10‑5 deals with protection for whistleblowers.
Note: Other regulatory powers that the Registrar has include:
(a) putting an Aboriginal and Torres Strait Islander corporation under special administration (see section 487‑1);
(b) disqualifying a person from managing an Aboriginal and Torres Strait Islander corporation (see 279‑30);
(c) changing an Aboriginal and Torres Strait Islander corporation's constitution (see section 69‑35).

Part 10‑2—Regulation of Aboriginal and Torres Strait Islander corporations

Division 439—Regulation of Aboriginal and Torres Strait Islander corporations

439‑1  What this Part is about

      This Part deals with the Registrar's regulatory powers (section 658‑10 also deals with the Registrar's powers generally).
      The Registrar may convene meetings of interested persons to deal with matters affecting one or more Aboriginal and Torres Strait Islander corporations (see section 439‑5).
      The Registrar may also call a general meeting of an Aboriginal and Torres Strait Islander corporation or an AGM (see sections 439‑10 and 439‑15).
      The Registrar may also issue notices to an Aboriginal and Torres Strait Islander corporation requiring the corporation to comply with the Act or to do a thing specified in the notice.

439‑5  Registrar may convene meetings of interested persons
 (1) If the Registrar is of the opinion that there is a matter that affects an Aboriginal and Torres Strait Islander corporation, the Registrar may convene a meeting for the purpose of discussing the matter.
 (2) The Registrar may inform the Minister of the following matters in respect of the meeting:
 (a) the reason for the meeting;
 (b) the persons who were given notice of the convening of the meeting;
 (c) the names of the notified persons who did not attend the meeting;
 (d) any other matter arising from the meeting.
 (3) The notice of the convening of the meeting is not a legislative instrument.
 (4) Some or all of the information provided to the Minister under subsection (2) may be included in the Agency's report on the Agency's activities during a financial year.
 (5) In subsection (4):
Agency means the Agency (within the meaning of the Public Service Act 1999) of which the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations is a part.

439‑10  Registrar may call a general meeting (other than an AGM)
 (1) The Registrar may call and arrange