An Aboriginal and Torres Strait Islander corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (Act) must have a constitution. The following document is a basic document constitution.
There is no “one size fits all” document constitution. This document should therefore be used as a guide only, and tailored to suit a corporation’s particular circumstances.
A constitution is not a stand-alone code that governs the powers, duties, rights and obligations of the Corporation, its directors and members. Regard must always be had to the Act and the common law when considering any issue relating to a corporation.
Tailoring the corporation constitution
A corporation registering under the Act must have the words:
· “Aboriginal corporation”;
· “Torres Strait Islander corporation”;
· “Indigenous corporation”;
· “Aboriginal and Torres Strait Islander corporation”; or
· “Torres Strait Islander and Aboriginal corporation”,
as part of its name.
If the client is a registered native title body corporate, it must include the words “registered native title body corporate” or “RNTBC” in the name.
Such Corporation will be issued with an “Indigenous Corporation Number” or “ICN”, not an ACN.
This document has been adapted by Jane Garber-Rosenzweig, Principal, Gable Lawyers. It is based on a company constitution reviewed and updated for Lexis Nexis by Stephen Newman, Executive Counsel, Ponte Earle.
This document is prepared with the assistance of Specialist Editor Stephen Newman, Executive Counsel, Ponte Earle.