Glossary / Key terms
Alternate directors fill in for a director if they are unable to be present at meetings or attend to corporation business.
The casting vote is the extra vote given to the chairperson when there are an equal amount of votes on each side. PBCs can choose whether to give the chair a casting vote within their constitution.
|Date of incorporation||
This is the date that the PBC first incorporated with the Office of Registrar of Indigenous Corporation (ORIC). Some PBCs incorporated with ORIC as an Indigenous Corporation before their native title was determined.
|Date of registration||
This is the date that the National Native Title Tribunal (NNTT) accepts the nominated Aboriginal Corporation as becoming the RNTBC. The NNTT lists it as ‘Date/s of effect’.
A PBC board of directors are elected to represent PBC members and Native Title Holders. PBC directors have a range of responsibilities and obligations.
Certain set laws within the CATSI Act are also exemptible laws. This means that if a PBC finds these set laws unsuitable for their PBC they can apply to the Registrar for an exemption.
Independent Directors (also referred to as non-member or specialist directors) are non-member directors that can offer a PBC specialist advice on areas such as business, law or financial management.
During a meeting the 'mover' is the person that puts forward a proposal (a motion) to be voted on by the group. A motion must be 'moved' and 'seconded' before it is voted on.
The Native Title (Prescribed Body Corporate) Regulations 1999 (PBC REGs) were made pursuant to the Native Title Act 1993. The PBC REGs outline some of the legal requirements of PBCs.
|PBCs (Prescribed Body / Bodies Corporate)||
Prescribed Body/Bodies Corporate. Part 2, Division 6 of the Native Title Act 1993 deals with the native title functions of Prescribed Bodies Corporate. Native title holders must nominate a PBC to hold or manage native title rights. Following the determination of native title, the PBC is entered on the National Native Title Register as a Registered Native Title Body Corporate (RNTBC). While RNTBC is technically the accurate name for these organisations, PBC is the most commonly used term and is the term used throughout this report.
A proxy is a corporation member who can attend and vote on behalf of others at a general meeting. The proxy rule is a flexible rule that not all PBCs have included in their rule book.
The quorum is the smallest number of members that must be present at a meeting for it to commence. It is important that quorum is kept throughout the entire meeting. If people leave during the meeting and quorum is lost then official decisions can no longer be made. However, people can continue to discuss ideas and share information. PBC rulebooks have differing quorum requirements as this is a flexible rule under the CATSI Act.
Replaceable rules are sections within the CATSI Act that can be modified, removed or replaced to suit the needs of the corporation.
During a meeting the 'seconder' is someone that agrees with the Mover and supports their motion to be put forward to a vote. When a motion is 'moved' it also needs to be 'seconded' before it can be discussed and voted on.
The Registrar of ORIC has the ability to place PBCs under special administration, a process by which an independent person (or persons) are appointed to try to solve problems within a PBC.