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

19   Meaning of distinguishing word or expression

A word or expression is the distinguishing word or expression that relates to a business carried on by an entity under a business name, if:

(a) the word or expression is nominated by ASIC in relation to the business name by notice to the entity under subitem 18(3) and accepted by the entity under paragraph 18(6)(a); or

(b) the word or expression is nominated by ASIC in relation to the business name by notice to the entity under subitem 18(3) and taken to have been accepted by the entity under subitem 18(8); or

(c) the word or expression is nominated by the entity in relation to the business name by notice under paragraph 18(6)(b) and accepted by ASIC under subitem 18(9); or

(d) in a case where an alternative word or expression is nominated in relation to the business name by the entity under paragraph 18(6)(b) and rejected by ASIC under subitem 18(9) - the word or expression is specified in the notice given by ASIC under subitem 18(10).


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