Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p152
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 152/175)
Character Range: 555894–558832

A notice under subsection (1) is not a legislative instrument.

Suspicion that there may be grounds to appoint a special administrator
 (3) If the Registrar suspects on reasonable grounds that:
 (a) circumstances exist in relation to an Aboriginal and Torres Strait Islander corporation; and
 (b) those circumstances constitute, or may constitute, grounds for determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration;
the Registrar may, by notice in writing, require the directors of the corporation to take the action specified in the notice, within the period specified in the notice, for the purpose of causing those circumstances to cease to exist.
 (4) A notice under subsection (3) is not a legislative instrument.

Suspicion that circumstances may occur or develop that would constitute grounds to appoint a special administrator
 (5) If the Registrar suspects on reasonable grounds that:
 (a) circumstances are likely to occur or develop in relation to an Aboriginal and Torres Strait Islander corporation; and
 (b) if those circumstances were to occur or develop, they would constitute, or may constitute, grounds for determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration;
the Registrar may, by notice in writing, require the directors of the corporation to take the action specified in the notice, within the period specified in the notice, for the purpose of preventing those circumstances from occurring or developing.
 (6) A notice under subsection (5) is not a legislative instrument.

Issue of notice does not preclude Registrar taking other action under this Act
 (7) If a notice has been issued by the Registrar under this section then, regardless of whether the period specified in the notice has expired or not, the Registrar may take any other action under this Act in relation to the corporation that the Registrar thinks appropriate.

Part 10‑3—Enforcement

Division 444—Introduction

444‑1  What this Part is about

      This Part deals with enforcement powers.
      Division 447 deals with the appointment of authorised officers.
      Division 450 deals with the purposes for which the powers under this Part may be exercised.
      Division 453 deals with the powers to examine books and ask people questions.
      Division 456 deals with warrants which may be sought if books asked for have not been produced. Warrants may be applied for in person or by telephone.

Division 447—Authorised officers

447‑1  Appointment of authorised officers
 (1) The Registrar may, in writing, appoint:
 (a) an officer or employee of the Department; or
 (b) any other suitably qualified person;
to be an authorised officer for the purposes of this Part.
 (2) In exercising powers or performing functions as an authorised officer, an authorised officer must comply with any directions of the Registrar.

447‑5  Identity