Document ID: chunk:federal_register_of_legislation:F2022C01141:front:0:p2
Version: federal_register_of_legislation:F2022C01141
Segment Type: other
Provision Reference: 
Character Range: 2737–5603

are undesirable

 8 Characteristics to be considered

Part 4 Restricted words and expressions

 9 Restricted words and expressions—Part 1 of Schedule 2
 10 Restricted words and expressions—Parts 2 and 3 of Schedule 2

Schedule 1 Words and expressions taken to be the same

Schedule 2 Restricted words and expressions
Part 1 Restricted words and expressions
Part 2 Restricted words and expressions unless Ministerial consent given
Part 3 Restricted words and expressions unless other consent given

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1 Preliminary

1 Name of determination

  This determination is the Business Names Registration (Availability of Names) Determination 2015.

3 Definitions

  In this determination, unless the contrary intention appears:
Act means the Business Names Registration Act 2011.
APRA means the Australian Prudential Regulation Authority.
character means a letter, number or other written symbol.
company name means a name that is reserved or registered under the Corporations Act 2001 for another body.

Note   Other words used in this determination have the meaning given by section 3 of the Act. For example:
          * ASIC
          * available
          * business name
          * entity.

4 Determining if business name is available to an entity

 (1) For section 26 of the Act, the rules for determining whether a business name is identical or nearly identical to another name are set out in Part 2.

 (2) For subsection 27 (1) of the Act, the kinds of business name that are undesirable for the purposes of the Act are set out in Part 3.

 (3) For subsection 28 (1) of the Act, a word or expression set out in Part 4 is restricted.

Part 2 Rules for determining whether business names are identical or nearly identical to other names

Division 1 Rules for determining whether business names are identical or nearly identical to names other than company names

5A Determining if business names are identical or nearly identical

  A business name is identical or nearly identical to another name (other than a company name) if, and only if:

  (a) after comparing the business name with the other name by:

       (i) disregarding the matters set out in subsection 5(1); and

   (ii) applying subsection 6(1);

   the names are the same; or

  (b) subsection 6(2) applies.

5 Matters to be disregarded

 (1) The following matters are to be disregarded:
 (a) the use of the definite or indefinite article unless it is the whole name;
 (b) the use of 'Association', 'Co-operative', 'Incorporated', 'Limited', 'Ltd', 'No Liability', 'NL', 'Proprietary' or 'Pty' in one or both names;
 (c) whether a word is in the plural or singular number in one or both names;
 (d) the size of characters, and the type and case of letters,