Commonwealth Consolidated Acts Commonwealth Consolidated ActsName is available unless identical or unacceptable
(1) A name is available unless the name is:
(a) identical (under rules set out in the regulations) to a name that is:
(i) used in an application for registration under this Act; or
(ii) registered under this Act for another Aboriginal and Torres Strait Islander corporation; or
(iii) registered under the Corporations Act; or
(iv) reserved for a company under section 152 of the Corporations Act; or
(b) identical (under rules set out in the regulations) to a name that is held or registered on the 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.
Registrar may consent to a name being available
(2) The Registrar may consent in writing to a name being available to a corporation even if the name is:
(a) identical to a name:
(i) that is used in another current application for registration under this Act; or
(ii) registered under this Act for another Aboriginal and Torres Strait Islander corporation; or
(iii) registered under the Corporations Act; or
(iv) reserved for a company under section 152 of the Corporations Act; or
(v) that is held or registered on Business Names Register; or
(b) unacceptable for registration under the regulations.
(3) The Registrar's consent may be given subject to conditions.
Note: If the corporation breaches a condition, the Registrar may direct it to change its name under section 88 - 5.
(4) The regulations may specify that a particular unacceptable name is available if:
(a) a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or an internal Territory has consented to the corporation using or assuming the name; or
(b) the corporation is otherwise permitted to use or assume the name by or under:
(i) an Act of the Commonwealth, a State or an internal Territory; or
(ii) a specified provision of an Act of the Commonwealth, a State or an internal Territory.
The consent of the authority, instrumentality or agency may be given subject to conditions.
Note: If the consent is withdrawn, the corporation ceases to be permitted or the corporation breaches a condition, the Registrar may direct it to change its name under section 88 - 5.