Business Names Registration (Availability of Names) Determination 2012 (Cth)
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 1Preliminary
1Name of determination 3
2Commencement 3
3Definitions 3
4Determining if business name is available to an entity 3
Part 2Rules for determining whether business names are identical or nearly identical to other names
Division 1Rules for determining whether business names are identical or nearly identical to names other than company names
5Matters to be disregarded 4
6Matters to be considered 4
Division 2Rules for determining whether business names are identical or nearly identical to company names
7Matters to be disregarded when comparing business names with company names 5
Part 3Kinds of name that are undesirable
8Characteristics to be considered 6
Part 4Restricted words and expressions
9Restricted words and expressions—Part 1 of Schedule 2 7
10Restricted words and expressions—Parts 2 and 3 of Schedule 2 7
Schedule 1Words and expressions taken to be the same 9
Schedule 2Restricted words and expressions 14
Part 1Restricted words and expressions 14
Part 2Restricted words and expressions unless Ministerial consent given 15
Part 3Restricted words and expressions unless other consent given 15
Part 1 Preliminary
Name of determination
This determination is the Business Names Registration (Availability of Names) Determination 2012.
Commencement
This determination commences on the commencement of Part 2 of the Business Names Registration Act 2011.
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.
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
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.
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
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
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
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.
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
0
0
0