Business Names Registration Act 2011
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.
[ CCH Note: S 29(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 132, by substituting " the Registrar " for " ASIC " in para (a), 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) .]
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.
[ CCH Note: S 29(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 133, by substituting " the Registrar " for " ASIC " in para (b), 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) .]
29(5)
ASIC may determine in writing a longer review period. The determination is not a legislative instrument.
[ CCH Note: S 29(5) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 134, by substituting " The Registrar " for " ASIC " , 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) .]
29(6)
ASIC must give a copy of the determination to the applicant.
[ CCH Note: S 29(6) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 134, by substituting " The Registrar " for " ASIC " , 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) .]
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.
[ CCH Note: S 29(7) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 134, by substituting " The Registrar " for " ASIC " , 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) .]
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