Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 25

Is a business name available to an entity?

                   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

                           (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

                     (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:

                              (i)  the name is not of a kind that is undesirable; or

                             (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

                     (e)  either:

                              (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.



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