Western Australian Consolidated Acts Western Australian Consolidated Acts (1A) An application
for the consent of the Minister under subsection (1) to the registration
of a business name cannot be made —
(a) in
the case of a decision of the Commissioner, made before the change-over day,
that the business name may be registered only with the consent of the
Minister — after the end of 2 months after the change-over
day; or
(b) in
the case of a decision of the Commissioner, made on or after the change-over
day as provided for by section 7(4A), that before the change-over day the
Commissioner would have registered the business name only with the consent of
the Minister — more than 28 days after the
Commissioner’s decision.
(1) Except with the
consent of the Minister, a business name shall not be registered under this
Act if the business name is a name that is, in the opinion of the
Commissioner, undesirable or is a name or a name of a kind that the Minister
has, for the purposes of this Act, directed the Commissioner not to accept for
registration.
(2A)
Subsection (2B) applies if —
(a) an
application is made under subsection (1), but not finally dealt with by
the Minister, before the change-over day; or
(b) an
application is made under subsection (1) on or after the change-over day
in accordance with subsection (1A).
(2B) On or after the
change-over day, the Minister may decide whether, had the application for
consent under subsection (1) been made and finally dealt with by the
Minister before the change-over day, the Minister would have consented to the
registration of the business name to which the application relates.
(2) The Minister shall
cause a direction given by him under subsection (1) to be published in
the Government Gazette and a copy of the direction to be forwarded to the
Minister of the Commonwealth, the Minister of each State other than this State
and the Minister of a Territory, responsible for the administration of an Act
that relates to the registration of business names.
[Section 9 amended by No. 40 of 1976
s. 12; No. 74 of 2003 s. 31(5); No. 6 of 2012 s. 23.]