Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p171
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 171/175)
Character Range: 603813–606737

or
 (ii) for each State or Territory in which the corporation has its registered office (if any) or carries on business or other operations—in a daily newspaper that circulates generally in that State or Territory.
 (5) The notice under subsection (2) or (4) must specify:
 (a) the period for which the corporation is to be under special administration; or
 (b) the period for which the special administrator is appointed; or
 (c) the period for which the special administration is extended; or
 (d) the period for which the appointment of the special administrator is extended; or
 (e) the date on which the corporation is to cease to be under special administration.

Division 496—Effect of appointment of special administrator on officers of the corporation

496‑1  General rule that offices of directors and secretary vacated when special administrator appointed
 (1) Subject to section 496‑5, the following offices become vacant on the appointment of a special administrator for an Aboriginal and Torres Strait Islander corporation:
 (a) the office of each director of the corporation;
 (b) the office of each secretary (if any) of the corporation.
 (2) Subsection (1) applies even if the special administrator is appointed to replace another special administrator for the corporation.
Note: This subsection has the effect that if a special administrator is appointed and the Registrar determines, as part of that appointment, that the offices of the corporation's officers are not to be vacated, the subsequent appointment of a replacement special administrator will automatically vacate those offices unless a fresh determination is made under section 496‑5 in relation to the new appointment.

496‑5  Registrar may determine that offices not vacated in certain circumstances
 (1) The Registrar:
 (a) may determine that the offices of the corporation's directors are not vacated on the appointment of a special administrator; and
 (b) may determine that the office of the corporation's secretary is not vacated, or the offices of each of the corporation's secretaries are not vacated, on the appointment of the special administrator.
 (2) A determination under subsection (1) is not a legislative instrument.
 (3) The Registrar may make a determination under subsection (1) only if the Registrar is satisfied that making the determination is in the best interests of the corporation.
 (4) A determination under subsection (1) must be included in the special administrator's appointment.

496‑10  Powers of officers can only be exercised by, or with the consent of, special administrator
 (1) While an Aboriginal and Torres Strait Islander corporation is under special administration, a person (other than the special administrator) cannot perform or exercise, and must not purport to perform or exercise, a function or power as an officer of the corporation.
Penalty: 25 penalty units or imprisonment for 6 months, or