Corporations Act 2001
Name is available unless identical or unacceptable
147(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.
[ CCH Note: S 147(1) will be amended by No 69 of 2020, s 3, Sch 1[451], by substituting " under the Business Names Registration Act 2011 " for " on the Business Names Register " in para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
View history note
Hide history note[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1[4] contained the following application provision (which was effective 20 April 2012):
Application of amendments to the Corporations Act 2001
(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]
(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.]
Minister may consent to a name being available to a company
147(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.
147(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 .
[ CCH Note: S 147(3) will be amended by No 69 of 2020, s 3, Sch 1[452], by substituting " the Registrar " for " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
147(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 .
[ CCH Note: S 147(4) will be amended by No 69 of 2020, s 3, Sch 1[452], by substituting " the Registrar " for " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
147(5)
(Repealed by No 127 of 2011, s 3, Sch 2, Pt 1 [ 17].)
[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1[4] contained the following application provision (which was effective 20 April 2012):
Application of amendments to the Corporations Act 2001
(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]
(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.]
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