Corporations Act 2001

A name is available to a registrable Australian body or a foreign company unless the name is:

identical (under rules set out in the regulations) to a name that is reserved or registered under this Act for another body; or

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

unacceptable for registration under the regulations.

The Minister may consent in writing to a name being available to a registrable Australian body or foreign company even if the name is:

identical to a name that is reserved or registered under this Act for another body; or

unacceptable for registration under the regulations.

The Minister’s consent may be given subject to conditions.

If the body or company breaches a condition, ASIC may direct it to change its name under section 601DJ.

The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign company if:

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

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.

If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.