Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p58
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 58/175)
Character Range: 317591–320418

Islander person.

246‑5  Majority of director requirements
 (1) A majority of the directors of an Aboriginal and Torres Strait Islander corporation must be individuals who are Aboriginal and Torres Strait Islander persons.
 (2) A majority of the directors of the corporation must ordinarily reside in Australia.
 (3) A majority of the directors of the corporation must be members of the corporation.
 (4) A majority of the directors of the corporation must not be employees of the corporation.
 (5) If a person is performing a chief executive officer function in relation to the corporation, the person may be a director of the corporation but cannot chair the directors' meetings. The person counts as an employee for the purposes of determining under subsection (4) whether a majority of directors are employees.
Note: For the meaning of chief executive officer function, see section 694‑85.

246‑10  Consent to act as director
 (1) An Aboriginal and Torres Strait Islander corporation contravenes this subsection if a person does not give the corporation a signed consent to act as a director of the corporation before being appointed.
Penalty: 10 penalty units.
 (2) The corporation must keep the consent.
Penalty: 5 penalty units.
 (3) An offence against subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

246‑15  Corporation may appoint a director (replaceable rule—see section 60‑1)
  An Aboriginal and Torres Strait Islander corporation may appoint a person as a director by resolution passed in general meeting.

246‑20  Directors may appoint other directors to make up a quorum (replaceable rule—see section 60‑1)

Appointment by other directors
 (1) Subject to section 243‑5 (maximum number of directors), the directors of an Aboriginal and Torres Strait Islander corporation may appoint a person as a director.
 (2) A person can be appointed under subsection (1) in order to make up a quorum for a directors' meeting even if the total number of directors of the corporation is not enough to make up that quorum.

Confirmation by next AGM
 (3) If a person is appointed under subsection (1), the corporation must confirm the appointment by resolution at the corporation's next AGM. If the appointment is not confirmed, the person ceases to be a director of the corporation at the end of the AGM.

246‑25  Term of appointment

Directors appointed on registration (replaceable rule—see section 60‑1)
 (1) If a director has been identified in the application for registration of an Aboriginal and Torres 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