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Determinations/Other as made
This determination provides whether business names are identical or nearly identical, whether business names are undesirable names and whether the use of some words of expressions should be restricted.
Administered by: Treasury
Made 20 Mar 2012
Registered 18 May 2012
Tabled HR 21 May 2012
Tabled Senate 18 Jun 2012
Table of contents.
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Collapse Part 1 Preliminary
Part 1 Preliminary
1 Name of determination
2 Commencement
3 Definitions
4 Determining if business name is available to an entity
Expand Part 2 Rules for determining whether business names are identical or nearly identical to other names
Part 2 Rules for determining whether business names are identical or nearly identical to other names
Expand Part 3 Kinds of name that are undesirable
Part 3 Kinds of name that are undesirable
Expand Part 4 Restricted words and expressions
Part 4 Restricted words and expressions

Business Names Registration (Availability of Names) Determination 20121

Business Names Registration Act 2011

I, BERNIE RIPOLL, Parliamentary Secretary to the Treasurer, make the following determination under sections 26 and 27 and subsection 28 (1) of the Business Names Registration Act 2011.

Dated 20 March 2012

BERNIE RIPOLL

Parliamentary Secretary to the Treasurer


Contents

Part 1                          Preliminary

                        1      Name of determination                                                                        3

                        2      Commencement                                                                                  3

                        3      Definitions                                                                                          3

                        4      Determining if business name is available to an entity                           3

Part 2                          Rules for determining whether business names are identical or nearly identical to other names

Division 1                    Rules for determining whether business names are identical or nearly identical to names other than company names

                        5      Matters to be disregarded                                                                   4

                        6      Matters to be considered                                                                    4

Division 2                    Rules for determining whether business names are identical or nearly identical to company names

                        7      Matters to be disregarded when comparing business names with company names    5

Part 3                          Kinds of name that are undesirable

                        8      Characteristics to be considered                                                          6

Part 4                          Restricted words and expressions

                        9      Restricted words and expressions—Part 1 of Schedule 2                     7

                       10      Restricted words and expressions—Parts 2 and 3 of Schedule 2          7

Schedule 1                  Words and expressions taken to be the same                                    9

Schedule 2                  Restricted words and expressions                                                   14

Part 1                             Restricted words and expressions                                                     14

Part 2                             Restricted words and expressions unless Ministerial consent given     15

Part 3                             Restricted words and expressions unless other consent given             15

 

 


Part 1                 Preliminary

  

1              Name of determination

                This determination is the Business Names Registration (Availability of Names) Determination 2012.

2              Commencement

                This determination commences on the commencement of Part 2 of the Business Names Registration Act 2011.

3              Definitions

                In this determination, unless the contrary intention appears:

Act means the Business Names Registration Act 2011.

APRA means the Australian Prudential Regulation Authority.

character means a letter, number or other written symbol.

company name means a name that is reserved or registered under the Corporations Act 2001 for another body.

Note   Other words used in this determination have the meaning given by section 3 of the Act. For example:

·       ASIC

·       available

·       business name

·       entity.

4              Determining if business name is available to an entity

         (1)   For section 26 of the Act, the rules for determining whether a business name is identical or nearly identical to another name are set out in Part 2.

         (2)   For subsection 27 (1) of the Act, the kinds of business name that are undesirable for the purposes of the Act are set out in Part 3.

         (3)   For subsection 28 (1) of the Act, a word or expression set out in Part 4 is restricted.

Part 2                 Rules for determining whether business names are identical or nearly identical to other names

Division 1              Rules for determining whether business names are identical or nearly identical to names other than company names

5              Matters to be disregarded

         (1)   When comparing a business name with another name (other than a company name) to determine whether the names are identical or nearly identical, the following matters are to be disregarded:

                (a)    the use of the definite or indefinite article unless it is the whole name;

               (b)    the use of ‘Association’, ‘Co-operative’, ‘Incorporated’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Proprietary’ or ‘Pty’ in one or both names;

                (c)    whether a word is in the plural or singular number in one or both names;

               (d)    the size of characters, and the type and case of letters, any accents, spaces between characters and punctuation marks, used in one or both names;

                (e)    the order of words in the names;

                (f)    whether one or both names includes a host name such as ‘www’ or a domain extension such as ‘net’, ‘org’ or ‘com’.

         (2)   For paragraph (1) (e), each of the following is to be treated as a word:

                (a)    a character separated by spaces;

               (b)    a group of characters separated by spaces;

                (c)    an abbreviation;

               (d)    an acronym.

Examples for paragraph (b)

1   XYZ123 is a word.

2   XYZ 123 is 2 words.

6              Matters to be considered

         (1)   When comparing a business name with another name (other than a company name) to determine whether the names are identical or nearly identical, a word or expression in an item in Schedule 1 is to be taken to be the same as each other word or expression in the item.

         (2)   A business name is identical or nearly identical to another name if, despite the characters used in the name, it may be pronounced the same as the other name.

Examples

1   ‘Creative@Work’ is the same as ‘Kre8tive at Work’.

2   ‘100% Cats’ is the same as ‘100 percent Kats’.

3   ‘Dollar Shop’ is the same as ‘$ Shop’.

         (3)   For subsection (1), each of the following is to be treated as a word:

                (a)    a character separated by spaces;

               (b)    a group of characters separated by spaces;

                (c)    an abbreviation.

Division 2              Rules for determining whether business names are identical or nearly identical to company names

7              Matters to be disregarded when comparing business names with company names

                When comparing a business name with a company name to determine whether the names are identical or nearly identical, the rules in Part 1 of Schedule 6 to the Corporations Regulations 2001 (Rules for ascertaining whether names are identical) apply as if they had been made for subparagraph 25 (a) (ii) of the Act.

Note   Part 1 of Schedule 6 to the Corporations Regulations 2001 sets out matters to be disregarded in comparing one name with another for the purposes of paragraph 147 (1) (a) or (b) or 601DC (1) (a) or (b) of the Corporations Act 2001.

Part 3                 Kinds of name that are undesirable

  

8              Characteristics to be considered

         (1)   A business name is undesirable if the name has one or more of the characteristics in the table.

Item

Characteristic

1

In the opinion of ASIC, it is likely to be offensive to:

 

   (a)  members of the public; or

  (b)  members of any section of the public

2

In the context in which it is proposed to be used, it suggests a connection with any of the following that does not exist:

 

   (a)  the Crown;

  (b)  the Commonwealth Government;

   (c)  the Government of a State or Territory;

 

  (d)  a municipal or other local authority;

   (e)  a department, authority or instrumentality of the Commonwealth Government;

   (f)  a department, authority or instrumentality of the Government of a State or Territory;

 

   (g)  the government of a foreign country;

  (h)  a member of the Royal Family;

   (i)  the receipt of Royal patronage;

 

   (j)  a charitable organisation;

  (k)  an ex-service personnel organisation or ex-service personnel generally;

   (l)  Sir Donald Bradman;

 

(m)  Mary MacKillop;

  (n)  the United Nations

3

In the context in which it is proposed to be used, it suggests that the members of an organisation are totally or partially incapacitated and those members are not so affected

         (2)   However, if:

                (a)    a business name includes the word ‘Commonwealth’ or ‘Federal’; and

               (b)    ASIC is satisfied that the word is used in a geographical context;

the business name is not undesirable because of the use of the word.

Example

Commonwealth Avenue Pizza Parlour would not be an undesirable business name as Commonwealth Avenue is a geographical location.

Part 4                 Restricted words and expressions

  

9              Restricted words and expressions—Part 1 of Schedule 2

         (1)   A word or expression mentioned in an item in Part 1 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the Minister has given written consent to the use of the word or expression.

         (2)   A word or expression that has the same or a similar meaning to a word or expression mentioned in an item in Part 1 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the Minister has given written consent to the use of the word or expression.

         (3)   An abbreviation of a restricted word or expression is a restricted word or expression.

Note   Other Commonwealth, State or Territory legislation may limit trading in that jurisdiction under names containing specified words or expressions. However, such a word or expression is not restricted under this determination unless it appears in Schedule 2.

         (4)   A word or expression in item 113, 117 or 135 of Schedule 2 is not a restricted word or expression if, because of the Act under which it is incorporated or registered, it must be included in a business name held by:

                (a)    a registrable Australian body; or

               (b)    a registered Australian body.

         (5)   Despite item 124 of Schedule 2, the word ‘incorporated’ is not a restricted word if, because of the Act under which it is incorporated or registered, it must be included in a business name held by:

                (a)    a registrable Australian body; or

               (b)    a registered Australian body; or

                (c)    a registered foreign company; or

               (d)    a foreign company.

10            Restricted words and expressions—Parts 2 and 3 of Schedule 2

         (1)   A word or expression mentioned in an item in Part 2 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the Minister mentioned in the item has given written consent to the use of the word or expression.

         (2)   A word or expression that has the same or a similar meaning to a word or expression mentioned in an item in Part 2 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the Minister mentioned in the item has given written consent to the use of the word or expression.

         (3)   A word or expression mentioned in an item in Part 3 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the public authority or agency mentioned in the item has given written consent to the use of the word or expression.

         (4)   A word or expression (whether or not in English) that has the same or a similar meaning to a word or expression mentioned in an item in Part 3 of Schedule 2 is a restricted word or expression in relation to entities and businesses unless the public authority or agency mentioned in the item has given written consent to the use of the word or expression.

         (5)   Subsections (1) to (4) also apply to:

                (a)    a group of characters; and

               (b)    characters, words and expressions that are not in English; and

                (c)    characters, words and expressions used:

                          (i)    as part of another word or expression; or

                         (ii)    in combination with other words or characters.

         (6)   However:

                (a)    a word or expression mentioned in Part 3 of Schedule 2 is not a restricted word or expression if ASIC is satisfied that it is used in a geographical context; and

               (b)    the letters ADI are not a restricted word if they are used as part of another word.

Example

The letters adi appear in the word traditional. This section does not apply to use of the word traditional.

         (7)   A written consent does not need to refer specifically to the use of the word or expression in the name, or in business names generally.


Schedule 1        Words and expressions taken to be the same

(subsection 6 (1))

  

Item

Word or expression

101

accom, accommodation, holiday accommodation

102

holiday apartments, holiday units

103

b & b, bed and breakfast,

104

hotel, inn

105

motel, motor inn, motor lodge

106

airlines, air services, aviation, aviation services

107

aquatic centre, aquatics, swimming pool

108

art, art gallery, artworks, fine art, gallery

109

cakes, cake shop, cupcakes

110

pastries, patisserie

111

bakehouse, bakery

112

bread, hot bread, hot bread kitchen, hot bread shop

113

beauty, beauty boutique, beauty clinic, beauty salon, beauty studio, beauty therapy

114

nails, nailz

115

body care, skincare, skin therapy

116

spray tan, spray tanning

117

bicycles, bikes, cycles

118

build, builders, buildings, building services, construct, constructions, construction services, fabrications

119

homes, quality homes

120

carpenters, carpentry, carpentry services

121

joiner, joinery

122

bricklayers, bricklaying, bricklaying services, blocklaying

123

additions, extensions

124

home improvements, home renovations, renovate, renovations, renovators

125

buses, bus service, coaches, coach service

126

dog grooming, dog wash, grooming, pet grooming

127

caterers, catering, catering services

128

ceramics, ceramic tiles, ceramic tiling, tiles, tiling

129

charcoal chicken, chicken

130

child care, child care centre, children's centre, childrens centre, day care, family day care, long day care centre

131

kindergarten, kindy, pre-school, preschool, pre-school kindergarten, preschool kindergarten

132

domestic cleaning, domestic cleaning services, home cleaning, home cleaning services

133

carpet cleaners, carpet cleaning

134

apparel, clothes, clothing, wear

135

alterations, clothing alterations, dressmaking

136

boutique, couture, creations, fashion, fashion boutique, fashions

137

barista, coffee, espresso, espresso bar

138

paints, paint supplies

139

perfumes, scents

140

artisans, crafts, handcrafts

141

blinds, curtains

142

academy of dance, dance academy, dance centre, dance studio, school of dance

143

master painters, painters, painting, painting contractors, painting service, painting solutions

144

painters and decorators, painting and decorating, painting and decorating services

145

doors, door services

146

garage doors, roller doors

147

earthmoving, excavations

148

bobcat and tipper hire, bobcat hire, bobcats, diggers, earthmovers, mini diggers, tipper hire

149

cafe, cafe bar, caffe, kafe

150

diner, dining

151

eatery, eats

152

restaurant, ristorante

153

fast food, food, food bar

154

snack bar, snacks

155

takeaway, take away food

156

pizza, pizza bar, pizzeria

157

seafood, seafood restaurant

158

sandwich bar, sandwiches

159

coffee bar, coffee house, coffee lounge, coffee shop

160

elec, electrical, electrical service, electricians, electrics, electrix, electronic services

161

exhaust, exhaust centre, mufflers

162

credit, finance, lending, loan centre, loan office, loans, money

163

firearms, guns

164

fitness centre, gym

165

exercise, fit, fitness, workout

166

mats, rugs

167

blooms, flora, florist, flowers, flower shop

168

food market, food store

169

fresh produce, produce

170

funeral directors, funeral home, funerals, funeral services

171

cremations, crematorium

172

fine furniture, furniture, home furniture

173

garden care, garden design, gardener, gardening, garden maintenance, garden services, garden solutions

174

tree lopping, tree lopping service

175

yard maintenance, yard services

176

landscape design, landscapes, landscape services

177

glass, glass and glazing, glass service, glazing

178

leadlight, stained glass

179

grocer, grocery, grocery store

180

milk bar, mini mart, mixed business

181

cuts, cutz, hair, hair boutique, hair centre, hair cut, hair design, hairdresser, hairdressing, hairdressing salon, hair fashions, hair salon, hair studio, hair stylist, salon

182

barber, barber shop

183

caps, hats

184

audio, hi fi

185

assurance, insurance, insure

186

fashion jewellery, fine jewellery, gems, jewellers, jewellery, jewelry, jewels

187

watches, watchmakers

188

coin laundry, laundrette, Laundromat, laundry

189

lawyers, legal, legal services, solicitors

190

limo, limousine hire, limousines, limousine service

191

bottle shop, cellars, liquor, liquor store

192

cruisers, marine, yacht

193

boat charters, boat hire, boating, charters, fishing charters, yacht charters

194

butcher, butchery

195

fresh meats, meat market, meats, meat supply, quality meats

196

automotive, automotive service centre, automotive services, auto service, auto service centre

197

automotive repairs, auto repairs, car repairs, motor repairs

198

mechanic, mechanical, mechanical repairs, mechanical services, mechanics, motor mechanics

199

clinic, health care, medical centre, medical practice, medical services, medicine, medicine centre, practice, surgery

200

nurses, nursing

201

automobiles, autos, auto sales, cars, car sales, motor group, motors

202

moto, motorcycles

203

lawn care, lawnmowing, lawn mowing service, lawns, mow, mowing, mowing service

204

music, music centre

205

body therapies, natural therapies, natural therapy centre, remedial therapy, therapeutics, therapies, therapy centre

206

massage centre, massage therapy, remedial massage, sports massage, therapeutic massage

207

naturopath, naturopathic clinic, naturopathy

208

news, newsagency, newsagent

209

eyewear, optical, optical services, specs

210

optometrists, optometry

211

auto body repairs, body repairs, body shop, body works, crash repairs, dent removal, motor body repairs, panel beating, panels, panel works, smash repairs

212

concrete pumping, concreting, crete, formwork

213

brick paving, pave, paving

214

pest control, pest control services, pest management, pest management service

215

fuel, petrol, petroleum

216

pets, pet shop

217

chemist, dispensary, drug store, pharmacy

218

photo, photo art, photographer, photographics, photographic services, photography

219

pics, pix, shots, snaps

220

plumbers, plumbing, plumbing contractors, plumbing services, plumbing solutions

221

drainage, drainage services, drain cleaning, draining

222

gasfitter, gasfitting, gas services

223

guttering, gutters

224

pub, tavern

225

bar, lounge, saloon

226

real estate, real estate group, real estate services, realtors, realty

227

property group, property investment,

228

roofing, roofing services, roof repairs, roof restorations, roof tiling

229

movers, relocations, removalists, removals

230

footwear, shoes

231

bedding, mattress

232

deli, delicatessen

233

candy, confectionery, lollies, lolly shop, sweets

234

cabs, taxi, taxi service

235

fone, phones

236

mobile phone, mobiles

237

tobacco, tobacconist

238

holidays, travels, trips

239

touring, tours

240

grass, turf

241

film productions, films, pictures, film services

242

demolition, wreckers

243

aust, australian

244

co, company, coy

245

corp, corporation

246

inc, incorporated

247

no, number

248

conveyancer, conveyancing, settlement agency, settlement agent, settlements

Schedule 2        Restricted words and expressions

(sections 9 and 10)

Part 1          Restricted words and expressions

Item

Restricted word or expression

101

Aboriginal Corporation

102

Aboriginal Council

103

Advance Australia

104

ambulance

105

Australian Made

106

Chamber of Commerce

107

Chamber of Industry

108

Chamber of Manufacturers

109

charitable

110

charity

111

chartered

112

consumer

113

co‑operative

114

executor

115

fiduciary

116

fire brigade

117

friendly society (otherwise than in relation to the conduct of a financial business)

118

futures exchange

119

GST

120

G.S.T.

121

guarantee

122

ICPO (International Criminal Police Organisation)

123

incorporated

124

Interpol

125

Lest We Forget

126

Made in Australia

127

Order of the Eastern Star

128

police

129

policing

130

proprietor

131

R.S.L.

132

RSL

133

securities exchange

134

securities market

135

Starr-Bowkett

136

stock exchange

137

Torres Strait Islander Corporation

138

trading as

139

trust

140

trustee

Part 2          Restricted words and expressions unless Ministerial consent given

Item

Word or expression

Minister

201

Anzac

Minister for Veterans’ Affairs

202

Geneva Cross, Red Crescent, Red Cross, Red Crystal, Red Lion and Sun

Minister for Defence

203

United Nations

Minister for Foreign Affairs

204

University

Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Part 3          Restricted words and expressions unless other consent given

Item

Word or expression

Public authority or agency

301

ADI

APRA

302

authorised deposit‑taking institution

APRA

303

bank

APRA

304

banker

APRA

305

banking

APRA

306

building society

APRA

307

credit society

APRA

308

credit union

APRA

309

friendly society (in relation to the conduct of a financial business)

APRA


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.