Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p4
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 4/12)
Character Range: 151583–154576

persons who consent to become members must approve the constitution before the application for registration is lodged (see section 29‑15).
 (2) A constitution is an instrument (other than this Act):
 (a) constituting, or defining the constitution of, an Aboriginal and Torres Strait Islander corporation; or
 (b) governing the activities of such a corporation or its members.

Subdivision 69‑B—Constitutional changes after registration

69‑5  Overview—ways a constitution may be changed

Corporation wants to change its constitution
 (1) For an Aboriginal and Torres Strait Islander corporation to change its constitution, the following steps must be complied with:
 (a) the corporation must pass a special resolution effecting the change;
 (b) if, under the corporation's constitution, there are further steps that must also be complied with to make a constitutional change—those steps must be complied with (see section 69‑15);
 (c) the corporation must lodge certain documents (see section 69‑20);
 (d) the Registrar must make certain decisions in respect of the constitutional change and, if appropriate, must register the change (see section 69‑30).
Note: The constitutional change takes effect when it is registered (see section 69‑40).

Court may change a constitution
 (2) The court may also change an Aboriginal and Torres Strait Islander corporation's constitution (see section 166‑5).
Note: The constitutional change takes effect as provided for in paragraph 69‑40(b).

Registrar may change a constitution
 (3) The Registrar may also change an Aboriginal and Torres Strait Islander corporation's constitution (see section 69‑35).
Note 1: If the Registrar changes a constitution under section 69‑35, the steps in subsection (1) of this section do not apply.
Note 2: The constitutional change takes effect when it is registered (see section 69‑40).

Special administrator may change a constitution
 (4) A special administrator for an Aboriginal and Torres Strait Islander corporation may also change the corporation's constitution (see section 499‑5).
Note 1: If the special administrator changes a constitution under section 499‑5, the steps in paragraphs (1)(a), (b) and (c) of this section do not apply (but the administrator must lodge the change with the Registrar under section 69‑25 and the Registrar must take the steps in section 69‑30).
Note 2: The constitutional change takes effect when it is registered (see section 69‑40).

69‑10  Meaning of constitutional change etc.
 (1) For the purposes of this Act, an Aboriginal and Torres Strait Islander corporation's constitution is changed if:
 (a) the constitution is repealed and a new constitution is substituted; or
 (b) a provision of the constitution is repealed and a new provision is substituted; or
 (c) a provision of the constitution is repealed; or
 (d) a new provision is added to the constitution; or
 (e) a provision of the constitution is modified.
 (2) The particular constitutional change is:
 (a) in the case