THE CORPORATIONS LAW

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES

PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES

SECTION 601DC   WHEN A NAME IS AVAILABLE  

601DC(1)  Name is available unless identical or unacceptable.  

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 the Law 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.

601DC(2)  Minister may consent to a name being available.  

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 Law for another body; or

(b)  unacceptable for registration under the regulations.

601DC(3)  [Minister's consent]  

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.

601DC(4)  [Unacceptable name available]  

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 the Capital 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 the Capital Territory.

The consent of the authority, instrumentality or agency may be given subject to conditions.

Note:

If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.