Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p56
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 56/175)
Character Range: 312083–315138

exemption is being sought.

225‑15  Registrar's power to make determinations
 (1) The Registrar may determine in writing that:
 (a) a specified Aboriginal and Torres Strait Islander corporation or a specified class of Aboriginal and Torres Strait Islander corporation; and
 (b) the directors of a specified Aboriginal and Torres Strait Islander corporation or of a specified class of Aboriginal and Torres Strait Islander corporation (as the case may be);
are exempted from the provisions of this Chapter specified in the Registrar's determination.
Note: For the criteria for making orders under this section, see section 225‑20.
 (2) The determination may:
 (a) be expressed to be subject to conditions; and
 (b) be indefinite or limited to a specified period.
 (3) The Registrar may, in writing, revoke, vary or suspend the determination.
 (4) Notice of the making, revocation, variation or suspension of a determination in relation to a specified class of Aboriginal and Torres Strait Islander corporation, or the directors of a specified class of Aboriginal and Torres Strait Islander corporation, must be published in the Gazette.
 (5) A determination under subsection (1) in relation to:
 (a) a specified class of Aboriginal and Torres Strait Islander corporation; or
 (b) the directors of a specified class of Aboriginal and Torres Strait Islander corporation;
is a legislative instrument.
 (6) A determination under subsection (1) in relation to:
 (a) a specified Aboriginal and Torres Strait Islander corporation; or
 (b) the directors of a specified Aboriginal and Torres Strait Islander corporation;
is not a legislative instrument.

225‑20  Criteria for determinations
 (1) In making a determination under section 225‑5 or 225‑15, the Registrar must be satisfied that the requirements of provisions of this Chapter would:
 (a) be inappropriate in the circumstances; or
 (b) impose unreasonable burdens.

Unreasonable burden
 (2) In deciding for the purposes of subsection (1) if the provisions impose an unreasonable burden on the corporation or corporations, the Registrar is to have regard to:
 (a) the expected costs of complying with the obligations; and
 (b) the expected benefits of having the corporation or corporations comply with the obligations; and
 (c) any practical difficulties that the corporation or corporations face in complying effectively with the obligations; and
 (d) any other matters that the Registrar considers relevant.

Chapter 6—Officers

Part 6‑1—Introduction

Division 235—Introduction

235‑1  What this Chapter is about

      This Chapter deals with the officers of an Aboriginal and Torres Strait Islander corporation.
      Part 6‑2 deals with the appointment and remuneration and the cessation of appointment of directors.
      Part 6‑3 deals with the appointment of secretaries and contact persons.
      Part 6‑4 deals with the duties and powers of directors and other officers and employees.
      Part 6‑5 deals with the disqualification of persons from managing Aboriginal and Torres Strait Islander