6. Incorporation under the Corporations (Aboriginal and Torres Strait Islander) Act (2006)

The Corporations (Aboriginal and Torres Strait Islander) Act (2006) replaced the Aboriginal Councils and Associations Act (1976) (Cwlth) on July 1 2007, and provides a simple way for Aboriginal or Torres Strait Islander groups to incorporate.

Eligibility for membership is limited to Aboriginal or Torres Strait Islander persons and their spouses if the spouses meet the membership requirements in the rules. Some Aboriginal or Torres Strait Islander corporations may make provision in their rules for associate membership. This allows those persons, who are not entitled to become full members under the membership rule, to become associate members. Associate members have the same rights and responsibilities as a member, but they are not entitled to vote at meetings of the corporation or stand for election to the governing committee.

Unlike incorporated associations, Aboriginal or Torres Strait Islander corporations allow groups to share profits and engage in trading activities that incorporated associations are restricted from doing.