Corporations Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 108 1

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Corporations Regulations 2(Amendment)

I, The administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 1989.

Dated 26 April 1994.

 

 P. BENNETT

 Administrator

By His Excellency’s Command,

  

M. LAVARCH

Attorney-General

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1.   Amendment

1.1   The Corporations Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 4.2.01

2.1   Before subregulation 4.2.01 (1), insert:

“(1A)

For the purposes of this Part, ‘Games authority’ means:

• (a)

  in relation to a name that suggests a connection with the Summer Games of the Twenty-Seventh Olympiad—the body known as the Sydney Organising Committee for the Olympic Games; and

• (b)

  in relation to a name that suggests a connection with the Paralympic Games to be held in Sydney in the year 2000:

  • (i)

    if the application is lodged before the registration of a company to be known as the Sydney Paralympic Organising Committee—the Director-General of the Premier’s Department of New South Wales; and

  • (ii)

    if the application is lodged after the registration of that company—the Sydney Paralympic Organising Committee.

“(1B)

For the purposes of paragraph 367 (1) (b) of the Corporations Law, a name is unacceptable for registration under Part 4.2 of the Law if it is a name that:

• (a)

  contains:

  • (i)

    a word in an item in either Column 1 or Column 2 of Schedule 6A or an abbreviation of one of those words; and

  • (ii)

    one or more words or abbreviations of words in Column 3 of Schedule 6A; or

• (b)

  contains:

  • (i)

    the word ‘24th’ or ‘Twenty-Fourth’ or ‘XXIVth’; and

  • (ii)

    the word ‘Olympic’ or ‘Olympics’ or ‘Games’; or

• (c)

  contains:

  • (i)

    the word ‘27th’ or ‘Twenty-Seventh’ or ‘XXVIIth’; and

  • (ii)

    the word ‘Olympiad’; or

• (d)

  contains the phrase ‘Share the Spirit’; or

• (e)

  contains:

  • (i)

    the word ‘Sydney’; and

  • (ii)

    the number ‘2000’ or the words ‘Two Thousand’; or

• (f)

  contains:

  • (i)

    the word ‘Gold’; and

  • (ii)

    the number ‘2000’ or the words ‘Two Thousand’; or

• (g)

  contains:

  • (i)

    the word ‘Games’; and

  • (ii)

    the number ‘2000’ or the words ‘Two Thousand’; or

• (h)

  contains the phrase ‘Games City’; or

• (i)

  contains the phrase ‘Summer Games’; or

• (j)

  contains the phrase ‘Sydney Games’; or

• (k)

  contains the phrase ‘Millennium Games’; or

• (l)

  contains the phrase ‘Gold Games’; or

• (m)

  contains a word or an abbreviation of a word in Column 1 or Column 2 of Schedule 6A which, in the context in which it is proposed to be used, suggests a connection with:

  • (i)

    the Summer Games of the Twenty-Seventh Olympiad, to be conducted by the body known as the International Olympic Committee; or

  • (ii)

    the Paralympic Games to be held in Sydney, New South Wales in the year 2000 and to be conducted by the body known as the International Paralympic Committee;

 if that connection does not exist.”.

2.2   After subregulation 4.2.01 (3), insert:

“(4)

For the purposes of paragraph 4.2.01 (1B) (m), it is evidence of a connection between a body corporate and:

• (a)

  the Summer Games of the Twenty-Seventh Olympiad, to be conducted by the body known as the International Olympic Committee; or

• (b)

  the Paralympic Games to be held in Sydney, New South Wales in the year 2000 and to be conducted by the body known as the International Paralympic Committee;

if an application for registration of a name is accompanied by a certificate in writing by the Games authority stating that the connection exists.

“(5)

Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for a review of a decision of the Games authority under subregulation 4.2.01 (4) not to grant a certificate stating that a connection exists between the body corporate and:

• (a)

  the Summer Games of the Twenty-Seventh Olympiad, to be conducted by the body known as the International Olympic Committee; or

• (b)

  the Paralympic Games to be held in Sydney, New South Wales in the year 2000 and to be conducted by the body known as the International Paralympic Committee.

[NOTE: Under subsection 367 (4) of the Corporations Law, a body corporate can apply to the Minister for consent in writing to register a name that would not otherwise be available to the body corporate.]

“(6)

Subregulations (1A), (1B), (4) and (5), and Schedule 6A cease to have effect at the end of 31 December 2000.”.

3.   New Schedule 6A

3.1   After Schedule 6, insert:

SCHEDULE 6A

Regulation 4.2.01

CHAPTER 4—VARIOUS CORPORATIONS

PART 4.2—NAMES

RESTRICTED WORDS, NUMBERS AND PHRASES FOR THE SUMMER GAMES OF THE TWENTY-SEVENTH OLYMPIAD AND THE PARALYMPIC GAMES TO BE HELD IN SYDNEY IN THE YEAR 2000

Column 1	Column 2	Column 3
Olympic	Paralympic	City
Olympics	Paralympics	Games
Olympiad	Paralympian	Gold
Olympian	Millennium
Summer
Sydney
Two Thousand
2000

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 April 1994.

2. Statutory Rules 1990 No. 455 as amended by 1991 Nos. 218, 219, 281, 341, 453, 478 and 479; Act No. 200, 1991; Statutory Rules 1992 Nos. 230, 281, 364, 395 and 450; 1993 Nos. 135, 207 and 277; 1994 No. 35.