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 Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.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