sec.106IRequirements for application

### sec.106I Requirements for application The application must— be in the approved form; and be signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and be accompanied by the following— either— the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— that the application under this division is approved; and that the authorised member has authority to sign the application form; and the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a statutory declaration by the authorised member that— the matters stated in the application form are true; and this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. If the application is withdrawn or the Minister refuses to grant the application, the Minister must return the letters patent to the RECI Act corporation. In this section— required notice means written notice of the proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, given before the general meeting to each member of the RECI Act corporation who has a right to vote on the resolution. special resolution , of the RECI Act corporation, means a resolution passed at a general meeting of the RECI Act corporation by the votes of 3 / 4 of its members who are present and entitled to vote on the resolution. s 106I ins 2011 No. 45 s 221 (sec.106I-ssec.1) The application must— be in the approved form; and be signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and be accompanied by the following— either— the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— that the application under this division is approved; and that the authorised member has authority to sign the application form; and the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a statutory declaration by the authorised member that— the matters stated in the application form are true; and this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. (sec.106I-ssec.2) If the application is withdrawn or the Minister refuses to grant the application, the Minister must return the letters patent to the RECI Act corporation. (sec.106I-ssec.3) In this section— required notice means written notice of the proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, given before the general meeting to each member of the RECI Act corporation who has a right to vote on the resolution. special resolution , of the RECI Act corporation, means a resolution passed at a general meeting of the RECI Act corporation by the votes of 3 / 4 of its members who are present and entitled to vote on the resolution. - (a) be in the approved form; and - (b) be signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and - (c) be accompanied by the following— (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. - (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; - (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or - (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; - (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; - (A) that the application under this division is approved; and - (B) that the authorised member has authority to sign the application form; and - (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; - (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. - (A) the matters stated in the application form are true; and - (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and - (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. - (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; - (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or - (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; - (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; - (A) that the application under this division is approved; and - (B) that the authorised member has authority to sign the application form; and - (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; - (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. - (A) the matters stated in the application form are true; and - (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and - (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained. - (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or - (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; - (A) that the application under this division is approved; and - (B) that the authorised member has authority to sign the application form; and - (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; - (A) the matters stated in the application form are true; and - (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and - (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.