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(c) a consent given under subsection 85 - 5(4) to use or assume the name has been withdrawn; or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