Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 3 - BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION  

PART 3-4 - NAMES  

Division 88 - How is a corporation ' s name changed?  

SECTION 88-5   REGISTRAR ' S POWER TO DIRECT CORPORATION TO CHANGE ITS NAME  

88-5(1)    
The Registrar may direct an Aboriginal and Torres Strait Islander corporation in writing to change its name within 2 months if:

(a)    the name should not have been registered; or

(b)    the corporation has breached a condition under subsection 85-5(3) on the availability of the name; or

(c)    a consent given under subsection 85-5(4) to use or assume the name has been withdrawn; or

(d)    the corporation has breached a condition on a consent given under subsection 85-5(4) ; or

(e)    the corporation ceases to be permitted to use or assume the name (as referred to in paragraph 85-5(4)(b) ).

88-5(2)    
The corporation must comply with the direction within 2 months after being given it by doing everything necessary to change its name under section 88-1 .

Penalty: 50 penalty units or 12 months imprisonment, or both.

88-5(3)    
If the corporation does not comply with subsection (2) , the Registrar may change the corporation ' s name to its ICN and any other words that section 85-1 requires, by altering the details of the corporation ' s registration to reflect the change.

88-5(4)    
A change of name under subsection (3) takes effect when the Registrar alters the details of the corporation ' s registration.

88-5(5)    
An offence against subsection (2) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

88-5(6)    
A direction under subsection (1) is not a legislative instrument.