Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 147

When a name is available

 
Name is available unless identical or unacceptable
 

(1)
A name is available to a company unless the name is: 
 
 
(a)
identical (under rules set out
in the regulations) to a name that is reserved or registered under this Law
for another body; or

(b)
identical (under rules set out in the regulations) to a name that
is included on the national 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 to a
company
 
 
(2)
The Minister may consent in writing to
a name being available to a company even if the name is: 
 
 
 
(a)
identical to a name that is
reserved or registered under this Law 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 company breaches a condition, ASIC may direct it to change its name
under section 158. 


 
 
(4)
The regulations may specify that a
particular unacceptable name is available to a company if: 
 
 
 
(a)
a specified public authority, or
an instrumentality or agency of the Crown in right of the Commonwealth, a
State or the Capital Territory has consented to the company using or assuming
the name; or

(b)
the company is otherwise permitted to use or assume the name by
or under: 

 
 
(i)
an Act
of the Commonwealth, a State or the Capital Territory; or

(ii)
a specified provision of an Act of the Commonwealth, a State or
the Capital Territory. 

 
The consent of the authority, instrumentality or agency may
be given subject to conditions.
 
 Note:
If the consent is withdrawn, the company ceases to be permitted or the company
breaches a condition, ASIC may direct it to change its name under section 158.