Groups that cannot be registered
The Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) will not approve a registration application if the:
- registration would be contrary to the public interest
- proposed corporation type is not allowed under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act)
- proposed corporation does not meet certain requirements of the CATSI Act
- application does not include relevant information.
Contrary to the public interest
The CATSI Act says that the Registrar can refuse to register a proposed corporation if it would not be contrary to the public interest. The CATSI Act does not define circumstances that may be contrary to the public interest.
The Registrar uses their discretion to determine what circumstances these may be. The Registrar makes this assessment on a case-by-case basis. Examples of when registering a corporation would be contrary to the public interest include if the proposed:
- objects and activities of the corporation would breach state or territory or Australian Government law
- corporation is being established to enable directors to transfer and continue existing activities while deliberately avoiding the obligations of a predecessor corporation
- corporation is being established to reduce or remove member control, including members’ control of assets and interests which are to be transferred from an existing, separate corporation.
Types of corporations that cannot be registered under the CATSI Act
These types of corporations cannot be registered under the CATSI Act:
- trade union
- one providing financial services as defined by Chapter 7 of the Corporations Act 2001
- any other type of corporation listed in the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017.
Proposed corporation does not meet certain requirements of the CATSI Act
The Registrar cannot approve a registration application if the proposed corporation does not meet these requirements of the CATSI Act:
Registration application does not include relevant information
The CATSI Act says that the Registrar can approve a registration application if it is incomplete or contains errors but not if it is missing the applicant’s name and address.
When considering whether to approve a registration application that is incomplete or contains errors, the Registrar (or their delegate) will consider if any omissions or errors:
- indicate the corporation may find it difficult to meet the requirements of the CATSI Act if the registration application was approved including director quorums, timely and appropriate handling of membership applications, meeting and reporting obligations
- indicate risks to the corporation’s ability to maintain member harmony
- were deliberate to be misleading or otherwise
- are sufficiently material that a decision to register the corporation cannot be made
- will affect the accuracy of the corporation’s record, including its record on the public Register.