Document ID: chunk:federal_register_of_legislation:C2025C00185:section:601dc
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 601DC
Character Range: 2254287–2256170

601DC  When a name is available

Name is available unless identical or unacceptable
 (1) A name is available to a registrable Australian body or a foreign company unless the name is:
 (a) identical (under rules set out in the regulations) to a name that is reserved or registered under this Act for another body; 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.

Minister may consent to a name being available
 (2) The Minister may consent in writing to a name being available to a registrable Australian body or foreign company even if the name is:
 (a) identical to a name that is reserved or registered under this Act for another body; or
 (b) unacceptable for registration under the regulations.
 (3) The Minister's consent may be given subject to conditions.
Note: If the body or company breaches a condition, ASIC may direct it to change its name under section 601DJ.
 (4) The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign company 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 body or company using or assuming the name; or
 (b) the body or company is otherwise permitted to use or assume the name by or under 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Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.