Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (125 of 2006)

Schedule 3   Transitional provisions

Part 3   Matters pending under old Act immediately before commencement

Division 2   Application for name change

79   Application made under section 53 of old Act and approval given

(1) This item applies if:

(a) before commencement:

(i) a transitional corporation had applied to the ACA Registrar under subsection 53(1) of the old Act for approval of a proposed new name for the transitional corporation; and

(ii) the ACA Registrar had approved the proposed new name under subsection 53(2) of the old Act; and

(iii) the ACA Registrar had not issued to the transitional corporation a certificate of incorporation in the new name of the corporation; and

(b) the transitional corporation (whether before or after commencement) adopts the new name in accordance with its constitution; and

(c) within 28 days after commencement, the transitional corporation lodges with the CATSI Registrar:

(i) a statement signed by 2 directors of the corporation or, if there is only 1 director, that director to the effect that the proposed new name had been adopted by the transitional corporation in accordance with its constitution; and

(ii) a copy of the document, or documents, that show that the proposed new name had been adopted by the transitional corporation in accordance with its constitution.

(2) The CATSI Registrar must change the corporation's name by altering the details of the corporation's registration to reflect the change.

Note: The CATSI Registrar will give the corporation a new certificate of registration under section 88-20 of the new Act.

(3) For the purposes of the new Act, the change of name takes effect when the CATSI Registrar alters the details of the corporation's registration.