Section 601DC — Corporations Act 2001: 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 Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.