Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p21
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 21/175)
Character Range: 224888–227738

after the resolution has been passed.
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.

150‑30  Member is not an Aboriginal and Torres Strait Islander person

Operation of section
 (1) This section operates despite section 150‑20 or any provision of an Aboriginal and Torres Strait Islander corporation's constitution.
Note: An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187‑5).

Membership may be cancelled if not an Aboriginal and Torres Strait Islander person
 (2) If it is a requirement for eligibility for membership of an Aboriginal and Torres Strait Islander corporation that a member be an Aboriginal and Torres Strait Islander person, a member's membership may only be cancelled on the ground that the person is not such a person if the cancellation is effected in the manner and circumstance set out in subsection (3).

Manner and circumstances
 (3) The corporation, by special resolution in general meeting, may cancel the membership of the member if the general meeting is satisfied that the member is not an Aboriginal and Torres Strait Islander person.

Notice
 (4) If the corporation does so cancel the membership, the directors must give the member a copy of the resolution as soon as practicable after the resolution has been passed.
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.

150‑35  Member misbehaves

Operation of section
 (1) This section operates despite section 150‑20 or any provision of an Aboriginal and Torres Strait Islander corporation's constitution.
Note: An application may be made to exempt the corporation, or the directors of the corporation, from the requirements of this section (see section 187‑5).

Membership may be cancelled if member misbehaves
 (2) If the membership of a member of an Aboriginal and Torres Strait Islander corporation is to be cancelled on the grounds that the member has misbehaved, the membership may only be cancelled on that ground if the cancellation is affected in the manner and circumstance provided for in subsection (3).

Manner and circumstances
 (3) The corporation may cancel the membership by special resolution in general meeting if the general meeting is satisfied that member has behaved in a manner that significantly interfered with the operation of the corporation or of corporation meetings.

Notice
 (4) If the corporation does so cancel the membership, the directors must give the member a copy of the resolution as soon as practicable after the resolution has been passed.
Penalty: 5 penalty units.

Strict liability offence
 (5)