Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p59
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 59/175)
Character Range: 320175–322975

Strait Islander corporation as a director who is to be appointed for only one year, the director's appointment ends at the first AGM that occurs more than one year after the date of the corporation's registration.

Other directors
 (2) Subject to subsection (4), a director of an Aboriginal and Torres Strait Islander corporation must not be appointed for a period exceeding 2 years.
Note: An application may be made to exempt the directors of the corporation from the requirements of this subsection (see section 310‑5).

Director may be reappointed (replaceable rule—see section 60‑1)
 (3) A director is eligible for reappointment.

Appointments continue to next general meeting
 (4) If the terms of appointment of all of the directors of an Aboriginal and Torres Strait Islander corporation expire so that there are no directors appointed at a particular time, the terms are extended until the next general meeting occurring after the expiry of the term of the director whose appointment was last to expire.

246‑30  Alternate directors (replaceable rule—see section 60‑1)
 (1) With the other directors' approval, a director may appoint an alternate to exercise some or all of the director's powers for a specified period.
 (2) If the appointing director requests the Aboriginal and Torres Strait Islander corporation to give the alternate notice of directors' meetings, the corporation must do so.
 (3) When an alternate exercises the director's powers, the exercise of the powers is just as effective as if the powers were exercised by the director.
 (4) The appointing director may terminate the alternate's appointment at any time.
 (5) An appointment or its termination must be in writing. A copy must be given to the corporation.
Note: The Registrar must be given notice of the appointment and termination of appointment of an alternate (see subsections 304‑5(3) and (6)).

246‑35  Effectiveness of acts by directors
 (1) An act done by a director is effective even if his or her appointment, or the continuance of the appointment, is invalid because the Aboriginal and Torres Strait Islander corporation or director did not comply with the corporation's constitution or any provision of this Act.
 (2) Subsection (1) does not deal with the question whether an effective act by a director:
 (a) binds the corporation in its dealings with other people; or
 (b) makes the corporation liable to another person.
Note: The kinds of acts that this section validates are those that are only legally effective if the person doing them is a director (for example, calling a meeting of the corporation's members or signing a document to be lodged with the Registrar or minutes of a meeting). Division 104 contains rules about the assumptions people are entitled to make when dealing with an Aboriginal