Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (125 of 2006)

Schedule 3   Transitional provisions

Part 4   Administrative matters, compliance and enforcement

Division 1   Compliance and enforcement

106   Reinstatement of Aboriginal associations incorporated under Part IV of the old Act that were struck off before commencement

(1) This item applies if, before commencement:

(a) the name of an Aboriginal association incorporated under Part IV of the old Act had been struck off the Register of Incorporated Aboriginal Associations, and the Association had been dissolved, under regulations made under paragraph 82(b) of the old Act; and

(b) no process to restore the Association's name to the Register had commenced.

(2) Section 546-40 of the new Act applies to the Association as if:

(a) references in that section to reinstating the registration were references to registering under the new Act; and

(b) references in that section to an Aboriginal and Torres Strait Islander corporation were references to the Association; and

(c) references in that section to deregistration were references to the striking of the Association's name off the Register of Incorporated Aboriginal Associations.

(3) Subitems (4) and (5) apply if the Association is registered under section 546-40 of the new Act (as applied by subitem (2)) as an Aboriginal and Torres Strait Islander corporation.

(4) Paragraph 546-40(5)(b) of the new Act does not apply in relation to the Association's registration.

(5) A person who was a member of the Association's Governing Committee immediately before the Association's name was struck off the Register of Incorporated Aboriginal Associations becomes a director of the corporation from the time of the corporation's registration under the new Act.