When a name is available
Name is available unless identical or unacceptable (1) A name is available to a 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 to a company (2) The Minister may consent in writing to a name being available to a 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 company breaches a condition, ASIC may direct it to change its name under section 158. (4) The regulations may specify that a particular unacceptable name is available to a 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 company using or assuming the name; or (b) the company is otherwise permitted to use or assume the name by or under: (i) an Act of the Commonwealth, a State or an internal Territory; or (ii) 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 Note: If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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