Business Names Registration (Transitional and Consequential Provisions) Act 2011 (127 of 2011)

Schedule 1   Transitional provisions

Part 5   Distinguishing grandfathered business names that are identical or nearly identical

18   Distinguishing words and expressions

(1) This item applies if 2 or more business names that are identical or nearly identical are registered under this Act.

(2) This item also applies if one or more of the business names is subsequently registered under the Business Names Registration Act under an application to which an entity to whom the business name was previously registered has consented by notice under section 31 of that Act.

(3) ASIC may, by notice in writing given to each entity to whom one of the business names is registered, nominate a word or expression to be entered on the Business Names Register for the business name registered to that entity.

(4) ASIC may only nominate a word or expression to an entity if the inclusion of the word or expression on the Business Names Register would assist in distinguishing a business or businesses carried on by the entity from a business or businesses carried on by another entity.

(5) Without limiting subitem (4), a word or expression nominated by ASIC may be a word or expression identifying the location at which a business is or businesses are carried on by the entity under one or more of the business names.

(6) If ASIC gives an entity a notice under subitem (3), the entity must, within 28 days after that notice is given:

(a) lodge a notice with ASIC accepting ASIC's nomination; or

(b) lodge a notice with ASIC objecting to ASIC's nomination and nominating an alternative word or expression.

(7) A notice under paragraph (6)(a) or (b):

(a) must be in the prescribed form; and

(b) must be lodged in the prescribed manner.

(8) If an entity fails to comply with subitem (6), the entity is taken to have lodged notice with ASIC accepting ASIC's nomination.

(9) ASIC must accept the alternative word or expression nominated by the entity unless ASIC is reasonably satisfied that, if:

(a) the word or expression were added to the business name; and

(b) the entity made application to register the business name as altered;

the business name as altered would not be available to the entity under section 25 of the Business Names Registration Bill.

(10) ASIC must:

(a) notify the entity in writing whether it accepts or rejects the alternative word or expression; and

(b) if ASIC rejects the alternative, specify in the notice the word or expression that is to be entered on the Business Names Register under item 20.