Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011 - SECT 25

    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.