Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 3
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BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION
PART 3-3
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MINIMUM NUMBER OF MEMBERS OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS
Division 77
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Minimum number of members of Aboriginal and Torres Strait Islander corporations
SECTION 77-5
MINIMUM NUMBER OF MEMBERS REQUIREMENT
Minimum number of members
77-5(1)
An Aboriginal and Torres Strait Islander corporation must have the following minimum number of members: (a) at least 5 members; or (b) the lesser number of members determined under subsection (2) , (3) or (4) .
Request in application for registration for exemption from at least 5 members
77-5(2)
If: (a) an application for registration of an Aboriginal and Torres Strait Islander corporation is to be made; and (b) the corporation is to have fewer than 5 members;
Request after registration if determination under subsection (2) is in force
77-5(3)
If: (a) the Registrar has determined a lesser number of members under subsection (2) in respect of an Aboriginal and Torres Strait Islander corporation and the determination is in force; and (b) after registration of the corporation, the corporation wants to have fewer members than the number determined;
Request after registration if no determination under subsection (2) is in force
77-5(4)
If: (a) an Aboriginal and Torres Strait Islander corporation is required to have at least 5 members; and (b) after registration of the corporation, the corporation wants to have fewer than 5 members;
Minimum number of members
77-5(1)
An Aboriginal and Torres Strait Islander corporation must have the following minimum number of members: (a) at least 5 members; or (b) the lesser number of members determined under subsection (2) , (3) or (4) .
Request in application for registration for exemption from at least 5 members
77-5(2)
If: (a) an application for registration of an Aboriginal and Torres Strait Islander corporation is to be made; and (b) the corporation is to have fewer than 5 members;
the applicant for registration must, in the application under section 21-1 , request that the Registrar:
(c) exempt the corporation from having at least 5 members; and (d) determine the corporation to have the lesser minimum number of members specified in the application.Request after registration if determination under subsection (2) is in force
77-5(3)
If: (a) the Registrar has determined a lesser number of members under subsection (2) in respect of an Aboriginal and Torres Strait Islander corporation and the determination is in force; and (b) after registration of the corporation, the corporation wants to have fewer members than the number determined;
the corporation may request the Registrar in writing to:
(c) exempt the corporation from having the number previously determined; and (d) determine the corporation to have the lesser minimum number of members specified in the application.Request after registration if no determination under subsection (2) is in force
77-5(4)
If: (a) an Aboriginal and Torres Strait Islander corporation is required to have at least 5 members; and (b) after registration of the corporation, the corporation wants to have fewer than 5 members;
the corporation may request the Registrar in writing to:
(c) exempt the corporation from having at least 5 members; and (d) determine the corporation to have the lesser minimum number of members specified in the application.