Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p2
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 2/175)
Character Range: 176224–179040

corporation must lodge:
 (a) a copy of the special resolution; and
 (b) a copy of those parts of the minutes of the meeting at which the special resolution was passed that relate to the passing of the special resolution;
with the Registrar within 28 days after the resolution is passed.
Penalty: 5 penalty units.
Note: A secretary of an Aboriginal and Torres Strait Islander corporation may be liable for a civil penalty for a contravention of this section. See sections 265‑40 and 386‑10.
 (3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) If the proposed name complies with the requirements in section 85‑1, the Registrar must change the corporation's name by altering the details of the corporation's registration to reflect the change. The change of name takes effect when the Registrar alters the details of the corporation's registration.

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 (c) a consent given under subsection 85‑5(4) to use or assume the name has been withdrawn; or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

88‑10  If Aboriginal and Torres Strait Islander corporation becomes a registered native title body corporate

Notice required
 (1) If an Aboriginal and Torres Strait Islander corporation becomes a registered native title body corporate, the corporation must, within 28 days after becoming registered, notify the Registrar in writing accordingly.

Registrar to change registration
 (2) If:
 (a) the Registrar is