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 85 - What names may a corporation have?  

SECTION 85-5   AVAILABLE NAMES  
Name is available unless identical or unacceptable

85-5(1)    
A name is available unless the name is:

(a)    identical (under rules set out in the regulations) to a name that is:

(i) used in an application for registration under this Act ; or

(ii) registered under this Act for another Aboriginal and Torres Strait Islander corporation; or

(iii) registered under the Corporations Act ; or

(iv) reserved for a company under section 152 of the Corporations Act ; or

(b)    

identical (under rules set out in the regulations) to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the person applying to have the name; or

(c)    unacceptable for registration under the regulations.

Registrar may consent to a name being available

85-5(2)    
The Registrar may consent in writing to a name being available to a corporation even if the name is:

(a)    

identical to a name:

(i) that is used in another current application for registration under this Act; or

(ii) registered under this Act for another Aboriginal and Torres Strait Islander corporation; or

(iii) registered under the Corporations Act; or

(iv) reserved for a company under section 152 of the Corporations Act; or

(v) that is held or registered on Business Names Register; or

(b)    unacceptable for registration under the regulations.

85-5(3)    
The Registrar ' s consent may be given subject to conditions.

Note:

If the corporation breaches a condition, the Registrar may direct it to change its name under section 88-5 .

85-5(4)    
The regulations may specify that a particular unacceptable name is available if:

(a)    a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or an internal Territory has consented to the corporation using or assuming the name; or

(b)    the corporation is otherwise permitted to use or assume the name by or under:

(i) an Act of the Commonwealth, a State or an internal Territory; or

(ii) a specified provision of an Act of the Commonwealth, a State or an internal Territory.

The consent of the authority, instrumentality or agency may be given subject to conditions.

Note:

If the consent is withdrawn, the corporation ceases to be permitted or the corporation breaches a condition, the Registrar may direct it to change its name under section 88-5 .