Australia/indígenas

Comparative table of Commonwealth, state and territory incorporation legislation
Snapshot
This document provides general information about incorporation statutes in Australia. It is not intended to be legal advice.
While best efforts have been made to ensure the information in this document is accurate the Registrar makes no guarantee that the information contained in this document iscorrect. The laws on which this document is based are subject to change, so may not be current. Please check relevant legislation directly or seek independent legal advice.
The Registrar and the Commonwealth of Australia accept no liability for loss suffered by any person resulting in any way from the use of or reliance on this document.

Published March 2008

Contents
1. Purpose 3
2. Assistance3
3. Training 4
4. Benefits of incorporating under the CATSI Act 4
5. Legislation covered in this table 5
6. Comparative table of Commonwealth, state and territory incorporation legislation 6
A. Requirements for incorporation 6
B. Membership requirements and directors duties 9
C. Accounts and records—reporting requirements 11
D. Fees penalties and offences 12
E. Regulatory powers andassistance 13


1. Purpose
There are advantages to an Indigenous group becoming a corporation and separate legal entity. However, incorporation is voluntary for most groups, and Indigenous groups can either incorporate with the Registrar’s office, under their state or territory Associations legislation, or with the Australian Securities and Investments Commission (ASIC) under the Corporations Act2001.
The table below allows groups to compare different ways of registering as a corporation.
Whether registration under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) and the Registrar’s office is appropriate for particular Aboriginal or Torres Strait Islander organisations depends on individual circumstances. Some factors unique to the CATSI Act include:
•Indigeneity—a majority of members and directors must be Indigenous
• Internal governance rules—a corporation’s constitution must meet minimum standards of governance and must be approved by the Registrar
• Purpose—some types of organisations are inappropriate for registration under the CATSI Act, for example trade unions or corporations providing financial services
• Corporate membership—bodiescorporate or peak bodies can become members
• Specialised assistance—in contrast to other regulators, the Registrar can provide assistance to CATSI corporations
• Specialised regulatory powers—the Registrar has the power to appoint examiners and administrators
• Mandatory incorporation—corporations holding or managing native title under the Native Title Act 1993 and the Native Title (PrescribedBodies Corporate) Regulations 1999 must be incorporated under the CATSI Act
• Transfers—the CATSI Act contains transfer provisions which allow organisations to transfer to the CATSI Act provided they meet the minimum requirements (for example the Indigeneity requirement).
An application for registration under the CATSI Act can be downloaded from our website at www.oratsic.gov.au.It is free andcontains further information about the steps and documentation required to register under the Act.
2. Assistance
Under the CATSI Act the Registrar can:
• provide advice to people about registration, rules and the operation of a corporation
• assist with resolving disputes
• assist with complaints under the CATSI Act
• make available public information
• conduct public education programs
•conduct research and develop policy proposals.
This means the Registrar’s office can provide a higher level of assistance to corporations than if they incorporate in another way.
3. Training
The Registrar’s office has a training program, which includes information sessions and non-accredited and accredited training.
Information sessions are offered to Indigenous groups who want to...