Section 147 — Corporations Act 2001: 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 Note: If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.