The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) is the set of laws that establishes the Registrar of Aboriginal and Torres Strait Islander Corporations, now called the Registrar of Indigenous Corporations, and allows Aboriginal and Torres Strait Islander groups to form corporations.
The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI
Act) was passed by the Australian Parliament in October 2006. It began on 1 July 2007,
replacing the Aboriginal Councils and Associations Act 1976 (ACA Act).
Under the CATSI Act, laws governing Indigenous corporations
have been modernised while still retaining the special measures to meet the
specific needs of Indigenous people. Registration under the CATSI Act is mostly voluntary. However, some
corporations—for example, ‘prescribed bodies corporate’ set up under the
Native Title
Act 1993—are required to register under the CATSI Act. We do not publish copies of the CATSI Act, amendments or regulations.
However, you can get a free copy of the legislation online. For information on how to buy copies of legislation go to the
Australian Government
Information Management Office's publications website. The ACA Act was replaced by the CATSI Act on 1 July 2007. In the 1960s and 1970s, various reviews advised the Australian Government of
the need for legislation to make it easier for Indigenous communities and
organisations to form corporations. The emergence of land rights emphasised the need for an alternative to complex and onerous laws and processes
for incorporating, which were unsuited to many Indigenous people, particularly
those living in remote areas. As a result, the ACA Act was passed, allowing
Aboriginal and Torres Strait Islander groups to form corporations for any social
or economic purpose. Incorporation occurs when a group of individual members
creates a body that is itself recognised as a person in law.
This body then represents the members in accordance with its agreed constitution.
Incorporation brings many entitlements, such as access to funds, and also brings
many responsibilities for people associated with the corporation. The CATSI Act is not the only legislation that applies to
corporations registered under the ACA Act. Another important Commonwealth
law is the Corporations Act. Some parts of the Corporations Act apply to Indigenous
corporations because the ACA Act says they should apply. Also some parts of the
Corporations Act apply because of the broad definition of ‘corporation’ in
section 57A of the Corporations Act. The Australian Securities and Investments Commission (ASIC)
may regulate corporations where the Corporations Act applies. You can
find out more about the Corporations Act by going to the
ASIC website or the
Corporations Act 2001. The independent review of the Aboriginal Councils and Associations Act 1976
completed in 2002
recommended some ways that the ACA Act could be made more consistent with
the Corporations Act. This has been done in the new CATSI Act legislation. ORIC has prepared a table listing key features of the different
Commonwealth, state and territory incorporation laws and highlights the benefits
of incorporating under the CATSI Act. This table will help you learn more about
which laws might suit your organisation best. Read more about starting a
corporation...your options
The new Corporations (Aboriginal and Torres Strait Islander)
Act 2006
Obtaining copies of the CATSI Act
The Aboriginal Councils and Associations Act 1976
The Corporations Act 2001
Other laws for incorporation
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