Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p29
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 29/175)
Character Range: 244954–247579

or cancelling rights of members in a class of members, those rights may be varied or cancelled only by special resolution of the corporation and:
 (a) by special resolution passed at a meeting of the class of members whose rights are being varied or cancelled; or
 (b) with the written consent of members with at least 75% of the votes in the class.

Notice of variation
 (3) The corporation must give written notice of the variation or cancellation to the members of the class within 7 days after the variation or cancellation is made.
 (4) The corporation commits an offence if it contravenes subsection (3).
Penalty: 5 penalty units.
 (5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

172‑5  Certain actions taken to vary rights etc
 (1) If the members in a class of members of an Aboriginal and Torres Strait Islander corporation are divided into further classes of members and, after the division, the rights of all of those members are not the same:
 (a) the division is taken to vary the rights of every member who was in the class existing before the division; and
 (b) members who have the same rights after the division form a separate class.
 (2) If the rights of some of the members in a class of members are varied:
 (a) the variation is taken to vary the rights of every other member who was in the class existing before the variation; and
 (b) members who have the same rights after the variation form a separate class.

172‑10  Variation, cancellation or modification without unanimous support of class
 (1) If members in a class of members of an Aboriginal and Torres Strait Islander corporation do not all agree (whether by resolution or written consent) to:
 (a) a variation or cancellation of their rights; or
 (b) a modification of the corporation's constitution (if any) to allow their rights to be varied or cancelled;
members with at least 10% of the votes in the class may apply to the Court to have the variation, cancellation or modification set aside.
 (2) An application may only be made within 28 days after the variation, cancellation or modification is made.
 (3) The variation, cancellation or modification takes effect:
 (a) if no application is made to the Court to have it set aside—28 days after the variation, cancellation or modification is made; or
 (b) if an application is made to the Court to have it set aside—when the application is withdrawn or finally determined.
 (4) The members of the class who want to have the variation, cancellation or modification set aside may appoint one or more