A CATSI Act corporation may give a financial benefit to a related party without member approval if it falls into one of the exceptions contained in the CATSI Act or if the Registrar of Indigenous Corporations grants an exemption.
Member approval is not needed for a related party transaction if the financial benefit is:
- reasonable remuneration for the corporation’s officers or employees;
- paying the reasonable expenses of an officer or employee of the corporation (i.e. travel expenses);
- given to a related party who is a member of the corporation, if giving the benefit does not unfairly discriminate against the other members of the corporation;
- given to the related party to fulfil a native title legislation obligation; or
- given under a court order.
If a transaction does not fall within one of the above exceptions member approval will be needed unless the Registrar grants an exemption. Exemptions may be granted if the provisions of the CATSI Act are found by the Registrar to be inappropriate in the circumstances or to impose unreasonable burdens. In considering whether the related party benefits provisions under the CATSI Act impose an unreasonable burden, the Registrar can consider any matters deemed relevant, including:
- the expected costs of complying with the provisions;
- the expected benefits of having the corporation comply with the provisions; and
- any practical difficulties that the corporation may face in complying with the provisions.
CASTI Act corporations will need to apply to the Registrar for an exemption and give reasons to support their application. Click here to view the ORIC form.