Associations Incorporation Direction 1999

Except with the consent of the Minister, the Commissioner is not to grant to an association a certificate of incorporation under a name of the following kind:a name that is likely to be confused with or mistaken for – a business name registered under the Business Names Act 1962; or the name of a cooperative society registered in Tasmania; or the name of another incorporated association; a name that is identical to a name that is reserved or registered under the Corporations Act and that appears on an electronic national names register to which the Commissioner has access; a name that is misleading in relation to any matter relating to the business to be carried on under that name; a name that is likely to be offensive to members of the public or members of any section of the public; a name containing any of the following words or phrases, any abbreviation of the following words or phrases or any words, phrases or abbreviation of similar import:America's Cup;Bank;Banker;Banking;Building Society;Casino;Chamber of Commerce;Chamber of Manufacturers;Chartered;Cooperative;Corporation;Credit Union;Executor;Friendly Society;Guarantee;Made in Australia;Oxfam;Savings;Starr Bowkett;Stock Exchange;Trust;Trustee; a name that, in the context in which it is proposed to be used, is capable of suggesting – connection with a member of the royal family if the connection suggested does not exist; or that royal patronage has been received if that is not the case; a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the Crown or the Government of – the Commonwealth of Australia; or a State or Territory; or any other part of the Queen's dominions, possessions or territories; a name that includes the word "Commonwealth" or "Federal"; a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the government of a foreign country; a name that, in the context in which it is proposed to be used, is capable of suggesting connection with a department, authority or instrumentality of the Government of the Commonwealth of Australia or of a State or Territory or with a municipal or other local authority of a State or Territory; a name that, in the context in which it is proposed to be used, is capable of suggesting – connection with an ex-service personnel organisation if the connection suggested does not exist; or that the members of an organisation are totally or partially incapacitated if that is not the case.

For the purpose of subclause (1)(b), the Commissioner, in determining whether a name is identical to a name that is reserved or registered under the Corporations Law, is to disregard the following:the use of the definite or indefinite article as the first word in either name; the use of "Proprietary", "Pty", "Limited", "Ltd", "No Liability", "NL", "Incorporated" or "Inc" in the name of a corporation; the use of the singular or plural in either name; the type, size and case of letters; the size of any number or other character; the use of any accent, space between letters, number, character or punctuation mark in either name; the use in either name of any of the following alternative words or expressions:and; &;Australia; Australian; Aust;Company; Co; Coy;Corporation; Corp;Number; No;Tas; Tasmania; Tassie; Taz; Tazzie.