Document ID: chunk:federal_register_of_legislation:F2024C00932:reg:37
Version: federal_register_of_legislation:F2024C00932
Segment Type: reg
Provision Reference: reg 37
Character Range: 34403–36195

37  Removal of auditor by resolution at general meeting
 (1) An auditor of an Aboriginal and Torres Strait Islander corporation may be removed from office only by resolution of the corporation at a general meeting of which notice under subsection (2) has been given.
 (2) Notice of an intention to move the resolution must be given to the corporation at least 2 months before the meeting is to be held.
 (3) If the corporation calls a meeting after the notice of intention is given under subsection (2), the meeting may pass the resolution even though the meeting is held less than 2 months after the notice of intention is given.
Note: For the notice period for a general meeting to remove an auditor, see subsection 201‑20(4) of the Act.
 (4) If notice under subsection (2) has been received by a corporation it must, as soon as possible, send a copy of the notice to the auditor and lodge a copy of the notice with the Registrar.
 (5) Within 7 days after receiving a copy of the notice, the auditor may make representations to the corporation.
 (6) The representations must:
 (a) be in writing; and
 (b) not exceed a reasonable length; and
 (c) request that, before the meeting at which the resolution is to be considered, a copy of the representations be sent by the corporation at its expense to every member of the corporation to whom notice of the meeting is sent.
 (7) Unless the Registrar on application from the corporation determines otherwise, the corporation must send a copy of the representations in accordance with the auditor's request.
 (8) The auditor may require that the representations be read out at the meeting, without prejudice to the auditor's right to be heard orally.
Note: For an auditor's entitlement to be heard at the meeting, see section 201‑80 of the Act.