Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 29   PRIORITY  

29(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.

29(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.

29(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.

29(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.

29(5)  


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

29(6)  


ASIC must give a copy of the determination to the applicant.

29(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.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.