Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p88
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 88/212)
Character Range: 232120–234842

subsection 363 (1).".

After paragraph 367 (1) (a):

  Insert:

       "(aa) is included on the national business names register in respect of a person other than the body corporate; or".

Subsection 367 (2):

  (a) Insert "or (aa)" after "(1) (a)".

     (b) Insert "or included on the national business names register," after "registered,".

Paragraph 367 (2) (b):

  Omit the paragraph, substitute:

        "or (b) the use in one or both of those names of any word, abbreviation or symbol as required by section 368; or

     (ba) the use in one or both of those names of:

          (i) an abbreviation or symbol referred to in section 371 instead of the equivalent word referred to in the section concerned; or

          (ii) a word referred to in section 371 instead of the equivalent abbreviation or symbol referred to in the section concerned; or".

SCHEDULE 1—continued

Subsections 367 (3) and (4):

  Omit the subsections, substitute:

"(3) A name that would not otherwise be available to a body corporate is available to the body corporate if it is reserved or registered in respect of the body corporate.

"(4) A name that would not otherwise be available to a body corporate is available to the body corporate if the Minister has consented in writing to the name being available to the body corporate.

"(4a) Subsection (4) does not apply to a name that is not available to a body corporate because it is included on the national business names register in respect of another body corporate.".

Section 369:

  Omit "corporation" (wherever occurring), substitute "person".

Subsection 370 (2):

  Omit "Division 2".

After section 372:

  Insert:

Certain names taken to be registered at commencement of Law

"372a. (1) Subject to this Part, where a body corporate is taken to be registered as a company under Division 2 of Part 2.2, the body corporate's name is taken to be registered in respect of the body corporate.

"(2) Subject to this Part, where a registrable Australian body is taken to be registered under Division 1 of Part 4.1, the body's name is taken to be registered in respect of the body.

"(3) Subject to this Part, where a foreign company is taken to be registered under Division 2 of Part 4.1, the foreign company's name is taken to be registered in respect of the foreign company.".

Subsection 374 (1):

  Omit the subsection, substitute:

"(1) A body corporate (other than a body corporate that is registered under Division 2 of Part 4.1) may lodge an application to reserve a specified name as the name by which it is proposed that the body be registered as a company under Division 3 of Part 2.2.".

Subsections 374 (3) and (4)

  Omit the subsections, substitute:

  "(4) Subject