Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 5
-
MEETINGS
PART 5-4
-
MINUTES OF MEETINGS
Division 220
-
Minutes of meetings
SECTION 220-5
MINUTES
220-5(1)
An Aboriginal and Torres Strait Islander corporation must keep minute books in which it records within 1 month: (a) proceedings and resolutions of general meetings; and (b) proceedings and resolutions of directors ' meetings (including meetings of a committee of directors); and (c) resolutions passed by members without a meeting; and (d) resolutions passed by directors without a meeting; and (e) if the corporation has only 1 director - the making of declarations by the director.
220-5(2)
The minutes of the whole, or a part, of the meeting may be kept: (a) in writing; or (b) by means of an audio, or audio-visual, recording.
220-5(3)
If the minutes of the whole, or a part, of the meeting are kept by means of an audio, or audio-visual, recording of the meeting, the corporation must ensure that, on the recording: (a) each person attending the meeting states his or her name; and (b) if a person attending the meeting holds a proxy - the person states the name of the person for whom the person is acting as proxy.
220-5(4)
If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept in writing, the corporation must ensure that either: (a) the chair of the meeting; or (b) the chair of the next meeting;
220-5(5)
If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept by means of an audio, or audio-visual, recording, the corporation must ensure that either: (a) the chair of the meeting; or (b) the chair of the next meeting;
220-5(6)
The declaration under this subsection must: (a) identify the audio, or audio-visual, recording; and (b) if the recording is not a recording of the whole of the meeting - identify the part of the meeting that is recorded; and (c) declare that the recording constitutes the minutes of the meeting or that part of the meeting.
220-5(7)
The corporation must ensure that minutes of the passing of a resolution without a meeting are signed by a director within a reasonable time after the resolution is passed.
220-5(8)
The director of an Aboriginal and Torres Strait Islander corporation with only 1 director must sign the minutes of the making of a declaration by the director within a reasonable time after the declaration is made.
220-5(9)
An Aboriginal and Torres Strait Islander corporation must keep its minute books at: (a) its registered office if it is registered as a large corporation; or (b) its document access address if it is registered as a small or medium corporation.
220-5(10)
An offence against subsection (1) , (3) , (4) , (5) , (7) , (8) or (9) is an offence of strict liability.
220-5(11)
A minute that is recorded and signed in accordance with this section is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proved.
An Aboriginal and Torres Strait Islander corporation must keep minute books in which it records within 1 month: (a) proceedings and resolutions of general meetings; and (b) proceedings and resolutions of directors ' meetings (including meetings of a committee of directors); and (c) resolutions passed by members without a meeting; and (d) resolutions passed by directors without a meeting; and (e) if the corporation has only 1 director - the making of declarations by the director.
Penalty: 10 penalty units.
Note:
For resolutions and declarations without meetings, see Divisions 204 and 215 .
220-5(2)
The minutes of the whole, or a part, of the meeting may be kept: (a) in writing; or (b) by means of an audio, or audio-visual, recording.
220-5(3)
If the minutes of the whole, or a part, of the meeting are kept by means of an audio, or audio-visual, recording of the meeting, the corporation must ensure that, on the recording: (a) each person attending the meeting states his or her name; and (b) if a person attending the meeting holds a proxy - the person states the name of the person for whom the person is acting as proxy.
Penalty: 10 penalty units.
220-5(4)
If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept in writing, the corporation must ensure that either: (a) the chair of the meeting; or (b) the chair of the next meeting;
signs those minutes within a reasonable time after the first meeting.
Penalty: 10 penalty units.
220-5(5)
If the minutes of the whole, or a part, of the meeting (the first meeting ) are kept by means of an audio, or audio-visual, recording, the corporation must ensure that either: (a) the chair of the meeting; or (b) the chair of the next meeting;
signs a declaration under subsection (6) within a reasonable time after the first meeting.
Penalty: 10 penalty units.
220-5(6)
The declaration under this subsection must: (a) identify the audio, or audio-visual, recording; and (b) if the recording is not a recording of the whole of the meeting - identify the part of the meeting that is recorded; and (c) declare that the recording constitutes the minutes of the meeting or that part of the meeting.
220-5(7)
The corporation must ensure that minutes of the passing of a resolution without a meeting are signed by a director within a reasonable time after the resolution is passed.
Penalty: 10 penalty units.
220-5(8)
The director of an Aboriginal and Torres Strait Islander corporation with only 1 director must sign the minutes of the making of a declaration by the director within a reasonable time after the declaration is made.
Penalty: 10 penalty units.
220-5(9)
An Aboriginal and Torres Strait Islander corporation must keep its minute books at: (a) its registered office if it is registered as a large corporation; or (b) its document access address if it is registered as a small or medium corporation.
Penalty: 10 penalty units.
220-5(10)
An offence against subsection (1) , (3) , (4) , (5) , (7) , (8) or (9) is an offence of strict liability.
Note:
For strict liability , see section 6.1 of the Criminal Code .
220-5(11)
A minute that is recorded and signed in accordance with this section is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proved.