Name is available unless identical or unacceptable

(1) A name is available to a registrable Australian body or a foreign 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 included on the national 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

(2) The Minister may consent in writing to a name being available to a registrable Australian body or foreign 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 body or company breaches a condition, ASIC may direct it to change its name under section 601DJ.

(4) The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign 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 body or company using or assuming the name; or

(b)

the body or company is otherwise permitted to use or assume the name by or under a specified provision of an Act of the Commonwealth, a State or an internal Territory.