Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p28
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 28/175)
Character Range: 242490–245183

to investigate, and report to the Court on:
 (i) the financial affairs of the corporation; or
 (ii) the facts or circumstances which gave rise to the cause of action the subject of the proceedings; or
 (iii) the costs incurred in the proceedings by the parties to the proceedings and the person granted leave.

Persons appointed under paragraph (1)(d) may inspect books
 (2) A person appointed by the Court under paragraph (1)(d) is entitled, on giving reasonable notice to the corporation, to inspect any books of the corporation for any purpose connected with his or her appointment.

Remuneration and expenses for persons appointed under paragraph (1)(d)
 (3) If the Court appoints a person under paragraph (1)(d):
 (a) the Court must also make an order stating who is liable for the remuneration and expenses of the person appointed; and
 (b) the Court may vary the order at any time; and
 (c) the persons who may be made liable under the order, or the order as varied, are:
 (i) all or any of the parties to the proceedings or application; and
 (ii) the corporation; and
 (d) if the order, or the order as varied, makes 2 or more persons liable, the order may also determine the nature and extent of the liability of each of those persons.
 (4) Subsection (3) does not affect the powers of the Court as to costs.

169‑30  Power of the Court to make costs orders
 (1) The Court may at any time make any orders it considers appropriate about the costs of the following persons in relation to proceedings brought or intervened in with leave under section 169‑5 or an application for leave under that section:
 (a) the person who applied for or was granted leave;
 (b) the corporation;
 (c) any other party to the proceedings or application.
 (2) An order under this section may require indemnification for costs.

Division 172—What protections apply to variations or cancellations of class rights?

172‑1  Varying and cancelling class rights

If constitution sets out procedure
 (1) If an Aboriginal and Torres Strait Islander corporation's constitution sets out the procedure for varying or cancelling rights of members in a class of members, those rights may be varied or cancelled only in accordance with the procedure. The procedure may be changed only if the procedure itself is complied with.

If constitution does not set out procedure
 (2) If an Aboriginal and Torres Strait Islander corporation's constitution does not set out the procedure for varying 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