Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p14
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 14/175)
Character Range: 206814–209814

are imposed on the corporation (see Subdivision 141‑B).
 (2) These requirements have implications for the eligibility of persons for membership of Aboriginal and Torres Strait Islander corporations (see section 141‑20).
 (3) In addition, an Aboriginal and Torres Strait Islander corporation may impose additional eligibility requirements for membership of the corporation (see section 141‑25). A registered native title body corporate must include particular eligibility requirements relating to common law holders.

Subdivision 141‑B—Ongoing requirements relating to membership that are imposed on an Aboriginal and Torres Strait Islander corporation

141‑5  Minimum number of members requirement
  An Aboriginal and Torres Strait Islander corporation must meet the minimum number of members requirement set out in section 77‑5 at all times.
Note: Section 26‑1 also requires the minimum number of members requirement (explained in section 29‑1) to be met at registration of the corporation.

141‑10  Indigeneity requirement
 (1) An Aboriginal and Torres Strait Islander corporation must meet the Indigeneity requirement set out in section 29‑5 at all times.
Note: Section 26‑1 also requires the Indigeneity requirement (explained in section 29‑5) to be met at registration of the corporation.
 (2) However, the corporation's constitution may provide that the corporation must have a number or percentage of persons who are Aboriginal and Torres Strait Islander persons that is higher than the number or percentage required in the Indigeneity requirement.
 (3) An Aboriginal and Torres Strait Islander corporation that does increase the number or percentage of persons that are required to be Aboriginal and Torres Strait Islander persons is not in breach of subsection (1) only because that increased number or percentage is not attained.

141‑15  Age of members requirement
 (1) An Aboriginal and Torres Strait Islander corporation must meet the age of members requirement set out in section 29‑10 at all times.
Note 1: The requirement is that the members of the corporation be at least 15 years of age.
Note 2: Section 29‑10 also requires the age of members requirement to be met at registration of the corporation.
 (2) However, the corporation's constitution may provide that the members of the corporation must be at least of an age that is older than 15 years.
 (3) An Aboriginal and Torres Strait Islander corporation that does increase the minimum age of members is not in breach of subsection (1) only because some members are younger than that increased minimum age.

Subdivision 141‑C—A person's eligibility for membership of an Aboriginal and Torres Strait Islander corporation

141‑20  Eligibility for membership
  An individual who is at least 15 years of age is eligible for membership of an Aboriginal and Torres Strait Islander corporation.

141‑25  Corporation may have other eligibility requirements for membership
 (1) The constitution of an Aboriginal and Torres Strait Islander