Queensland Consolidated Regulations

ASSOCIATIONS INCORPORATION REGULATION 1999 - REG 3

3 General references

(1) For section 43 of the Act , each of the following is an unsuitable name—

(a) a name containing a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase;

(b) a name containing a word or phrase with the same or a similar meaning to a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase;

(c) a name containing a word or phrase mentioned in schedule 1 , part 2 , column 1;

(d) for an association that is not a controlled entity—a name containing a word or phrase mentioned in schedule 1 , part 2A ;

(e) a name containing the word ‘Commonwealth’ or ‘Federal’;

(f) a name suggesting, in the context in which it is proposed to be used, a connection with—

(i) the Commonwealth, a State or Territory; or

(ii) the Commonwealth Government; or

(iii) the Government of a State or Territory; or

(iv) a local government; or

(v) the government of a part of the Queen’s dominions; or

(vi) a department, authority or instrumentality of the Commonwealth Government; or

(vii) a department, authority or instrumentality of the government of a State or Territory;

(g) a name suggesting, in the context in which it is proposed to be used, a connection, if it does not exist, with—

(i) a member of the Royal Family; or

(ii) the receipt of Royal patronage; or

(iii) an ex-servicepersons’ organisation;

(h) a name suggesting, in the context in which it is proposed to be used, the members of an association are totally or partially incapacitated if it is not the case;

(i) a name that may reasonably be mistaken for—

(i) the name of another association incorporated under an Act; or

(ii) the name of a cooperative registered under the Co-operatives National Law (Queensland) ; or

(iii) a name—

(A) registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or

(B) held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or

(C) held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5; or

(iv) the name of an organisation under the Industrial Relations Act 2016 ;

(j) a name that—

(i) appears on the National Names Index created by the Australian Securities and Investments Commission; and

(ii) is identical to a name reserved or registered under the Corporations Law;

(k) a name likely to offend a reasonable person;

(l) a name likely to deceive a reasonable person about the nature or identity of an association.

(2) In deciding for subsection (1) (j) whether a name appearing on the National Names Index is identical to a name reserved or registered under the Corporations Law, the following matters are to be disregarded—

(a) that the definite or indefinite article is the first word in 1 or both names;

(b) the use of ‘Proprietary’, ‘Pty’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Incorporated’, ‘Inc’, ‘Cooperative’ or ‘Co-op’ in 1 or both names;

(c) that the same word is used in the singular or plural in the names;

(d) the type, size and case of letters, the size of any numbers or other characters, spaces between letters, numbers or characters, punctuation marks and any accents used in the names;

(e) that 1 name contains a word stated in schedule 1 , part 3 , column 1 and the other name contains an alternative for that word stated in column 2.

(3) In this section—

"controlled entity" see the Auditor-General Act 2009 , section 5 .