Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p22
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 22/175)
Character Range: 227488–230427

meetings.

Notice
 (4) If the corporation does so cancel the membership, the directors must give the member a copy of the resolution as soon as practicable after the resolution has been passed.
Penalty: 5 penalty units.

Strict liability offence
 (5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 153—Can there be different classes of members?

153‑1  Different classes of members
 (1) An Aboriginal and Torres Strait Islander corporation's constitution may provide that the corporation has different classes of members.
 (2) The corporation's constitution may provide that different rights may attach to different classes of membership.
Note: The rule under section 201‑115 that, subject to those different rights, each member has 1 vote on a show of hands and, on a poll, 1 vote is a replaceable rule.

Part 4‑3—Observers

Division 158—Observers

158‑1  What this Part is about

      This Part enables an Aboriginal and Torres Strait Islander corporation to have observers of the corporation if observers are provided for in the corporation's constitution.
      If the corporation chooses to have observers, the corporation's constitution must also provide for the appointment of observers, their rights and obligations (if any) and how the observers cease to be observers.

158‑5  Observers

Corporation may have observers
 (1) An Aboriginal and Torres Strait Islander corporation's constitution may provide for the corporation to have observers.

Entitlement of observer to attend general meeting (replaceable rule—see section 60‑1)
 (2) An observer is entitled to attend a general meeting of the corporation but is not a member of the corporation.
Note: Only members of an Aboriginal and Torres Strait Islander corporation may vote at a meeting of the corporation (see section 201‑115).

Other matters for which constitution must provide if corporation has observers
 (3) If the constitution provides for the corporation to have observers, the constitution must also provide for the following matters:
 (a) the application process for becoming an observer of the corporation;
 (b) the eligibility criteria for becoming an observer of the corporation;
 (c) the obligations (if any) imposed on an observer of the corporation;
 (d) the rights (if any) that an observer has in relation to the corporation;
 (e) how an observer ceases to be an observer of the corporation.

Part 4‑4—Protection of members' interests

Division 163—Rights and remedies to protect interests of members

163‑1  Rights and remedies
  The rights and remedies that are conferred by this Part to protect the interests of members of Aboriginal and Torres Strait Islander corporations are:
 (a) the right to seek a Court order concerning oppressive conduct of the affairs of the corporation as provided for in Division 166; and
 (b) the right to bring or intervene