Registrar's functions and powers
The Registrar has a number of regulatory powers under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) to address issues within corporations.
The type of power the Registrar uses depends on which rules of the Act and/or the rule book of the corporation were broken.
The Registrar regularly intervenes to examine the records and documents of the corporation in order to detect and prevent the corporation breaking the rules of the Act and the rule book of the corporation.
Learn more in our policy statement on the Registrar's powers to intervene.
Summary of the Registrar's regulatory powers
Meetings
The Registrar may, if the need arises:
- convene meetings of interested parties (s. 439-5)
- call a general meeting (s. 439-10)
- call an annual general meeting (s. 439-15).
The Registrar is to chair these meetings or can authorise another person to be the chair.
Compliance notices
The Registrar can require compliance with the CATSI Act (s. 439-20).
Learn more in our policy statement on compliance notices.
Examinations
The Registrar may appoint an authorised officer (examiner) at any time to examine the books and records of a corporation (s. 453-1).
Learn more in our policy statement on examinations.
Production of books or attendance to answer questions
Under s. 453-5 the Registrar may give notice to a person who has some knowledge of the examinable affairs of the corporation to:
- provide the Registrar with information about the corporation or its examinable affairs
- produce any books and records about the corporation
- appear before the Registrar to answer questions about the corporation.
Issue warrants
Division 456 gives the Registrar the power ask the court to issue warrants to obtain information about a corporation if the information can’t be obtained via s. 453-1 or s. 453-5.
Protection for whistleblowers
There is provision for whistleblowers in the CATSI Act (Division 466).
External administration
Under the CATSI Act the Registrar needs to make several determinations when appointing a special administrator:
- that the corporation be placed in special administration (s. 487-1)
- the appointment of a special administrator (the person) (s. 490-1 and s. 490-5)
- the period of the appointment (s. 487-1 and s. 487-15)
- whether the directors will be removed from office during the term of the special administration (s. 496-5).
Approval by the Minister is not required for the appointment of a special administrator.
Grounds for special administration
Some increased powers (via additional grounds) are available for appointment of special administrators. All of the grounds for an appointment are detailed in s. 487-5. The additional grounds are:
- the corporation has failed to comply with a s. 439-20 compliance notice
- the corporation has failed to lodge its annual reports (Part 7-3)
- if there are disputes that interfere with the corporation’s operations
- if a majority of directors write to the Registrar and ask for the appointment.
Learn more in our policy statement on special administrations.
Disqualifying people from managing corporations
The CATSI Act allows for disqualifying people from managing corporations (being a director, CEO or CFO, for example) in 3 ways:
- automatic disqualification (s. 279-5)
- court-ordered disqualification (s. 279-15)
- Registrar's powers to disqualify a person (s. 279-30).
Learn more in our policy statement on disqualified persons or see the register of disqualified persons.
Closing corporations
Winding up
The CATSI Act has provisions for the winding up of corporations (Division 526).
Deregistrations
The CATSI Act has provisions for the deregistration of corporations (Division 546).
Learn more in our policy statements on deregistration and property of deregistered corporations.
Reviewable decisions
The CATSI Act provides for reviews conducted:
- internally
- by the Administrative Review Tribunal (ART).
Learn more in our policy statement on reviewable decisions.