Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 29

Priority

  (1)   Where:

  (a)   2 or more applications are lodged with ASIC for registration of business names that are identical or nearly identical; and

  (b)   none of the applications is a consent application;

the applications take priority in the order in which they are lodged.

  (2)   To avoid doubt, the priority of an entity over a business name is not affected by the fact that an ABN application by the entity is pending.

  (3)   If an entity's application for registration of a business name to the entity is refused, the entity's priority over the business name is not affected during the review period in relation to that decision.

  (4)   The review period , in relation to a decision to refuse an application by an entity for the registration of a business name to the entity, is:

  (a)   a period of 28 days beginning on the day on which the entity is notified of the decision; or

  (b)   if ASIC determines a longer period under subsection   (5)--that longer period.

  (5)   ASIC may determine in writing a longer review period. The determination is not a legislative instrument.

  (6)   ASIC must give a copy of the determination to the applicant.

  (7)   ASIC may refuse 2 or more applications for registration of business names that are identical or nearly identical if all of the applications take the same priority.


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