Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 304.5

New directors or secretaries

  (1)   An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of the personal details of a director, secretary or contact person within 28 days after he or she is appointed.

Note 1:   If a person becomes a director, secretary or contact person under section   42 - 10 there is no appointment and no notice is required under this subsection.

Note 2:   If a person who was appointed as an alternate director becomes a director under the terms of his or her appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

Penalty:   10 penalty units.

  (2)   Subsection   (1) does not apply if a contact person is appointed by the Registrar under section   257 - 25.

New alternate directors

  (3)   An Aboriginal and Torres Strait Islander corporation must lodge with the Registrar a notice of:

  (a)   the personal details of a person who is appointed as an alternate director; and

  (b)   the terms of his or her appointment (including terms about when the alternate director is to act as a director);

within 28 days after his or her appointment as an alternate director.

Penalty:   10 penalty units.

  (4)   The personal details of a person who is a director, alternate director, secretary or contact person are:

  (a)   the person's given and family names; and

  (b)   all of the person's former given and family names; and

  (c)   the person's date and place of birth; and

  (d)   the person's address; and

  (e)   the person's director identification number, or the fact that the person does not have a director identification number.

Note:   For address see section   304 - 15.

Changes in details

  (5)   The corporation must lodge with the Registrar notice of any change in the personal details of a director, alternate director, secretary or contact person within 28 days after the change.

Penalty:   10 penalty units.

Notice required if person stops being a director etc.

  (6)   If a person stops being a director, alternate director, secretary or contact person of the corporation, the corporation must lodge with the Registrar notice of the fact within 28 days.

Penalty:   10 penalty units.

  (7)   Subsection   (6) does not apply if the person was an alternate director who stopped being a director in accordance with the terms of his or her appointment as an alternate director.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (7) (see subsection   13.3(3) of the Criminal Code ).

  (8)   An offence against subsection   (1), (3), (5) or (6) is an offence of strict liability.

Note 1:   For strict liability , see section   6.1 of the Criminal Code .

Note 2:   A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of subsection   (1), (3), (5) or (6). See sections   265 - 40 and 386 - 10.