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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.

Policy statement - PS-05 - Registrars powers to intervene (85.14 KB)

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.

Policy statement - PS-30 - Effect of invalid appointment of directors (393.52 KB)

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.

Policy statement - PS-25 - Examinations (103.14 KB)

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).

Learn more about whistleblowers in our policy statement about complaints involving corporations.

Policy statement - PS-02 - Complaints involving corporations (530.42 KB)

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: