Document ID: chunk:federal_register_of_legislation:C2022C00234:clause:1_18
Version: federal_register_of_legislation:C2022C00234
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 110388–112694

18  Distinguishing words and expressions
(1) This item applies if 2 or more business names that are identical or nearly identical are registered under this Act.
(2) This item also applies if one or more of the business names are subsequently registered under the Business Names Registration Act under an application to which an entity to whom the business name or names were previously registered has consented by notification under section 31 of that Act.
(3) The Registrar may, by notifying each entity to whom one of the business names is registered, nominate a word or expression to be recorded in relation to the business name registered to that entity.
(4) The Registrar may only nominate a word or expression to an entity if the Registrar is reasonably satisfied the inclusion of the word or expression would assist in distinguishing a business or businesses carried on by the entity from a business or businesses carried on by another entity.
(5) Without limiting subitem (4), a word or expression nominated by the Registrar may be a word or expression identifying the location at which a business is, or businesses are, carried on by the entity under one or more of the business names.
(6) If the Registrar notifies an entity of a nomination, the entity must, within 28 days after the notification, notify the Registrar:
 (a) of the entity's acceptance of the nomination; or
 (b) of an objection to the nomination, and a nomination of an alternative word or expression.
The notification by the entity must meet any requirements of the data standards.
(7) If an entity fails to comply with subitem (6), the entity is taken to have accepted the nomination.
(8) The Registrar must accept the alternative word or expression nominated by the entity unless reasonably satisfied that, if:
 (a) the word or expression were added to the business name; and
 (b) the entity made application to register the business name as altered;
the business name as altered would not be available to the entity under section 25 of the Business Names Registration Act.
(9) The Registrar must:
 (a) notify the entity whether it accepts or rejects the alternative word or expression; and
 (b) if the Registrar rejects the alternative—specify in the notification the word or expression that is to be recorded under item 20.