Commonwealth Consolidated Acts Commonwealth Consolidated ActsName is available unless identical or unacceptable
(1) A name is available to a registrable Australian body or a foreign 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.
Minister may consent to a name being available
(2) The Minister may consent in writing to a name being available to a registrable Australian body or foreign 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.
(3) The Minister's consent may be given subject to conditions.
Note: If the body or company breaches a condition, ASIC may direct it to change its name under section 601DJ.
(4) The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign 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 body or company using or assuming the name; or
(b) the body or company is otherwise permitted to use or assume the name by or under 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Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.
601DD Registered A ustralian bodies and registered foreign companies can carry on business with some names only
(1) A registered Australian body or registered foreign company must not carry on business under a name in this jurisdiction unless subsection (2) or (3) authorises the body or company to use the name.
(1A) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(2) The body or company may use the name if the company or body is registered under that name under Part 5B.2.
(3) A registered Australian body may use a name in the State or Territory that is its place of origin if the name is registered to the body on the Business Names Register.