Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 88.5

Registrar's power to direct corporation to change its name

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  (c)   a consent given under subsection   85 - 5(4) to use or assume the name has been withdrawn; or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

  (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.

  (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.

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

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

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

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback