Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p50
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 50/175)
Character Range: 296972–299676

or make comments on the management of the corporation.
Penalty: 5 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

201‑170  Questions by members of auditors at AGM
 (1) If an Aboriginal and Torres Strait Islander corporation's auditor (if any) or the auditor's representative is at an AGM, the chair of the meeting must allow a reasonable opportunity for the members as a whole at the meeting to ask the auditor or the auditor's representative questions relevant to:
 (a) the conduct of the audit; and
 (b) the preparation and content of the auditor's report; and
 (c) the accounting policies adopted by the corporation in relation to the preparation of the financial statements; and
 (d) the independence of the auditor in relation to the conduct of the audit.
Penalty: 5 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 204—Resolutions without a general meeting

204‑1  Circulating resolutions
 (1) An Aboriginal and Torres Strait Islander corporation may pass a resolution without a general meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document. Each member of a joint membership must sign.
 (2) Subsection (1) does not apply to a resolution to remove an auditor.
 (3) Separate copies of a document may be used for signing by members if the wording of the resolution and statement is identical in each copy.
 (4) The resolution is passed when the last member signs.
 (5) An Aboriginal and Torres Strait Islander corporation that passes a resolution under this section without holding a meeting satisfies any requirement in this Act:
 (a) to give members information or a document relating to the resolution—by giving members that information or document with the document to be signed; and
 (b) to lodge with the Registrar a copy of a notice of meeting to consider the resolution—by lodging a copy of the document to be signed by members; and
 (c) to lodge a copy of a document that accompanies a notice of meeting to consider the resolution—by lodging a copy of the information or documents referred to in paragraph (a).
 (6) The passage of the resolution satisfies any requirement in this Act, or the corporation's constitution, that the resolution be passed at a general meeting.
 (7) This section does not affect any rule of law relating to the assent of members not given at a general meeting.
Note 1: Passage of a resolution under this section must