Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p30
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 30/175)
Character Range: 247344–250026

application is made to the Court to have it set aside—when the application is withdrawn or finally determined.
 (4) The members of the class who want to have the variation, cancellation or modification set aside may appoint one or more of themselves to make the application on their behalf. The appointment must be in writing.
 (5) The Court may set aside the variation, cancellation or modification if it is satisfied that it would unfairly prejudice the applicants. However, the Court must confirm the variation, cancellation or modification if the Court is not satisfied of unfair prejudice.
 (6) Within 14 days after the Court makes an order, the corporation must lodge a copy of the order with the Registrar.
 (7) The corporation commits an offence if it contravenes subsection (6).
Penalty: 5 penalty units.
 (8) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

172‑15  Variation, cancellation or modification with unanimous support of class
  If the members in a class of members of an Aboriginal and Torres Strait Islander corporation all agree (whether by resolution or written consent) to the variation, cancellation or modification, it takes effect:
 (a) if no later date is specified in the resolution or consent—on the date of the resolution or consent; or
 (b) on a later date specified in the resolution or consent.

Division 175—When may a member inspect a corporation's books?

175‑1  Order for inspection of books of corporation
 (1) On application by a member of an Aboriginal and Torres Strait Islander corporation, the Court may make an order:
 (a) authorising the applicant to inspect books of the corporation; or
 (b) authorising another person (whether a member or not) to inspect books of the corporation on the applicant's behalf.
The Court may only make the order if it is satisfied that the applicant is acting in good faith and that the inspection is to be made for a proper purpose.
 (2) A person authorised to inspect books may make copies of the books unless the Court orders otherwise.
 (3) A person who:
 (a) is granted leave under section 169‑5; or
 (b) applies for leave under that section; or
 (c) is eligible to apply for leave under that section;
may apply to the Court for an order under this section.
 (4) On application, the Court may make an order authorising:
 (a) the applicant to inspect books of the corporation; or
 (b) another person to inspect books of the corporation on the applicant's behalf.
 (5) The Court may make the order only if it is satisfied that:
 (a) the applicant is acting in good faith; and
 (b) the inspection is to be made for