Commonwealth Consolidated Acts Commonwealth Consolidated ActsName is available unless identical or unacceptable
(1) A name is available to a company unless the name is:
(a) identical (under rules set out in the regulations) to a name that is reserved or registered under this Act for another body; or
(b) identical (under rules set out in the regulations) to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the person applying to have the name; or
(c) unacceptable for registration under the regulations.
Minister may consent to a name being available to a company
(2) The Minister may consent in writing to a name being available to a company even if the name is:
(a) identical to a name that is reserved or registered under this Act for another body; or
(b) unacceptable for registration under the regulations.
(3) The Minister's consent may be given subject to conditions.
Note: If the company breaches a condition, ASIC may direct it to change its name under section 158.
(4) The regulations may specify that a particular unacceptable name is available to a company if:
(a) a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or an internal Territory has consented to the company using or assuming the name; or
(b) the company is otherwise permitted to use or assume the name by or under:
(i) an Act of the Commonwealth, a State or an internal Territory; or
(ii) a specified provision of an Act of the Commonwealth, a State or an internal Territory.
The consent of the authority, instrumentality or agency may be given subject to conditions.
Note: If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.