Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 29   PRIORITY  

29(1)    
Where:

(a)    

2 or more applications are lodged with ASIC for registration of business names that are identical or nearly identical; and

(b)    none of the applications is a consent application;

the applications take priority in the order in which they are lodged.

29(2)    
To avoid doubt, the priority of an entity over a business name is not affected by the fact that an ABN application by the entity is pending.

29(3)    
If an entity ' s application for registration of a business name to the entity is refused, the entity ' s priority over the business name is not affected during the review period in relation to that decision.

29(4)    
The review period , in relation to a decision to refuse an application by an entity for the registration of a business name to the entity, is:

(a)    a period of 28 days beginning on the day on which the entity is notified of the decision; or

(b)    

if ASIC determines a longer period under subsection (5) - that longer period.

29(5)    

ASIC may determine in writing a longer review period. The determination is not a legislative instrument.

29(6)    

ASIC must give a copy of the determination to the applicant.

29(7)    

ASIC may refuse 2 or more applications for registration of business names that are identical or nearly identical if all of the applications take the same priority.