Indigeneity requirement
For a corporation to be registered under the CATSI Act, the corporation must at all times be owned and controlled by Aboriginal or Torres Strait Islander people.
- The CATSI Act gives corporations the choice to allow non-Indigenous people in the roles of members and directors.
- The CATSI Act protects Indigenous member ownership and control with these requirements:
- The majority of a corporation’s members must be Aboriginal or Torres Strait Islander people. This rule also applies to corporations with corporate members. To be considered Indigenous, a body corporate must be Indigenous-controlled.
- The majority of a corporation's directors must be Aboriginal or Torres Strait Islander people and be members.
- Directors must ensure that their corporation meets the Indigeneity provisions at all times.
Indigeneity of members
All members must be Aboriginal or Torres Strait Islander people unless your rule book allows non-Indigenous people to become members. If you do allow non-Indigenous people, the majority of members must be Aboriginal or Torres Strait Islander people.
Learn more about membership requirements.
Recording Indigeneity of your members
If your corporation allows non-Indigenous people or bodies corporate as members, you must record which members are non-Indigenous on your register of members.
Indigeneity of directors
All directors of a corporations must be individuals who are Aboriginal and/or Torres Strait Islander people unless your rule book allows non-Indigenous people to be a director.
If a corporation’s rule book allows non-Indigenous directors, a majority of the directors must be Aboriginal and/or Torres Strait Islander people.
When a person gives their consent to become a director, they must sign a declaration that includes a confirmation of their Indigeneity (unless the corporation allows non-Indigenous people to become a director as noted above).
Learn more about director requirements.
Checking Indigeneity
Responsibility for checking
It's a corporation's role to check and accept the Indigeneity of individual members, corporate members, directors and directors representing corporate members.
The Registrar doesn't determine a person's Indigeneity. They rely on the corporation to be assured of their members and directors.
The Registrar doesn't check the Indigeneity of every member and director but may seek evidence from a corporation to check if a corporation is meeting the Indigeneity requirement, to ensure it is Indigenous owned and controlled.
In addition, any person may bring a challenge to the Indigeneity of a member or director of a corporation in the Federal Court.
Failure to comply with the Indigeneity requirement
If your proposed corporation does not meet the Indigeneity requirement, we may refuse to register your corporation.
If your existing corporation no longer meets the Indigeneity requirement, we may:
- issue a notice to the corporation requiring the corporation to comply with the CATSI Act
- request the court wind up the corporation if the corporation fails to comply with the notice.
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