Business Names Registration Act 2011
A business name is available to an entity if: (a) the name is not identical or nearly identical to:
(i) a business name registered to another entity; or
(ii) a name that is reserved or registered under the Corporations Act 2001 for another body; or
(iii) a name that is registered to another entity on a notified State/Territory register; or
(iv) if ASIC receives notice electronically from a referring/adopting State or an affected Territory of the name of a government body and the entity is not that body - that name; or
(v) if ASIC receives notice electronically from a referring/adopting State or an affected Territory that an Act of the State or Territory, or an instrument made under such an Act, specifies a name as the name of another entity - that name; or
(vi) if ASIC receives notice electronically from a Commonwealth government body of the name of that body and the entity is not that body - that name; or
(b) a name that is identical or nearly identical is not held under section 54 or a provision of the Transitional Act; and (c) no other entity has priority over a name that is identical or nearly identical; and (d) either:
(vii) if ASIC receives notice electronically from a body that an Act of the Commonwealth, or an instrument made under such an Act, specifies a name as the name of that body and the entity is not that body - that name; and
(i) the name is not of a kind that is undesirable; or
(e) either:
(ii) the name is of a kind that is undesirable but the Minister has determined under subsection 27(2) that the name is available to the entity; and
(i) the name is not constituted by, and does not include, a restricted word or expression; or
(ii) the name is constituted by or includes a word or expression that is restricted unless a condition is satisfied, and the entity satisfies the condition.
[ CCH Note: S 25 will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 126 - 129, by substituting " the Registrar " for " ASIC " in para (a)(iv), (v), (vi) and (vii), " any of the following applies " for " either " in para (e), " expression; " for " expression; or " in para (e)(i) and inserting para (e)(iii), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . Para (e)(iii) will read:
]
; (iii) the name is constituted by or includes a word or expression that is restricted but the Minister has determined under subsection 28(2A) that the name is available to the entity.
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