Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 25  

25   IS A BUSINESS NAME AVAILABLE TO AN ENTITY ?  
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)    

any of the following applies:

(i) the name is not constituted by, and does not include, a restricted word or expression;

(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;

(iii) the name is constituted by or includes a word or expression that is restricted but the Minister has determined under subsection 28(2A) that the name is available to the entity.