Document ID: chunk:federal_register_of_legislation:C2024C00492:section:89:p10
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 89 (pt 10/12)
Character Range: 167411–170240

under subsection 77‑5(2), (3) or (4) and allow a lesser number if the Registrar is satisfied that it is appropriate and reasonable in the circumstances to do so.
Note: For example, the Registrar may grant an exemption if the corporation was formed as a result of a court order.

77‑15  Registrar may determine a different number to number requested
  In determining a lesser minimum number of members on a request under subsection 77‑5(2), (3) or (4), the Registrar may determine a number that is higher or lower than the number requested (so long as the number is less than 5).

77‑20  Earlier determination taken to be revoked
  If the Registrar grants an exemption on a request under subsection 77‑5(3), the determination referred to in paragraph 77‑5(3)(a) is taken to be revoked.

77‑25  Notice to be given
 (1) If the Registrar grants an exemption under section 77‑10, the Registrar must notify the applicant or corporation, as the case may be, in writing of the exemption and the minimum number of members that the corporation is instead required to have.
 (2) If the Registrar does not grant the exemption, the Registrar must notify the applicant or corporation, as the case may be, in writing that the exemption has not been granted.

Part 3‑4—Names

Division 82—Introduction

82‑1  What this Part is about
      This Part deals with the names requirement (Division 85) and how a name is changed (Division 88).

Division 85—What names may a corporation have?

85‑1  Corporation's name requirements
 (1) The requirements concerning an Aboriginal and Torres Strait Islander corporation's name are set out in the following subsections.
 (2) The corporation may have as its name:
 (a) a name that is available (see section 85‑5); or
 (b) the expression "Indigenous Corporation Number" followed by the corporation's ICN.
 (3) The corporation must have as part of its name one of the following sets of words:
 (a) "Aboriginal corporation";
 (b) "Torres Strait Islander corporation";
 (c) "Aboriginal and Torres Strait Islander corporation";
 (d) "Torres Strait Islander and Aboriginal corporation";
 (e) "Indigenous corporation".
 (4) If the corporation is a registered native title body corporate, then the corporation must also have as part of its name the words "registered native title body corporate".
 (5) If abbreviations are used in its name, the corporation must use only the abbreviations that are acceptable (see section 85‑10).
 (6) If the corporation is not a registered native title body corporate the corporation must not:
 (a) have the term "registered native title body corporate" as part of its name; or
 (b) include the abbreviation "RNTBC" in its name.
 (7) The requirements must be met by an Aboriginal and Torres Strait Islander corporation at all times after registration.
Note: The requirements must be