Business Names Direction 1999

Business Names Direction 1999

I make the following direction under section 9(1) of the Business Names Act 1962 .

P. PATMORE

Minister for Justice and Industrial Relations

1.   Short title

This direction may be cited as the Business Names Direction 1999 .

2.   Commencement

This direction takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

In this direction,

Act means the Business Names Act 1962 .

4.   Certain business names not acceptable for registration

(1)  The Commissioner is not to accept for registration any business name of the following kind:

(a) a name that is likely to be confused with or mistaken for –

(i) the name of an incorporated association within the meaning of the Associations Incorporation Act 1964 ; or

(ii) the name of a cooperative society registered in Tasmania; or

(iii) a business name registered under the Act;

(b) a name that is identical to a name that is reserved or registered under the Corporations Law and that appears on an electronic national names register to which the Commissioner has access;

(c) a name that is misleading in relation to any matter relating to the business to be carried on under that name;

(d) a name that is likely to be offensive to members of the public or members of any section of the public;

(e) a name containing any of the following words or phrases, any abbreviation of the following words or phrases or any words, phrases or abbreviation of similar import:

(i) America's Cup;

(ii) Bank;

(iii) Banker;

(iv) Banking;

(v) Building Society;

(vi) Casino;

(vii) Chamber of Commerce;

(viii) Chamber of Manufacturers;

(ix) Chartered;

(x) Cooperative;

(xi) Corporation;

(xii) Credit Union;

(xiii) Executor;

(xiv) Friendly Society;

(xv) Guarantee;

(xvi) Made in Australia;

(xvii) Oxfam;

(xviii) Savings;

(xix) Starr Bowkett;

(xx) Stock Exchange;

(xxi) Trust;

(xxii) Trustee;

(xxiii) University;

(f) a name that, in the context in which it is proposed to be used, is capable of suggesting –

(i) connection with a member of the royal family if the connection suggested does not exist; or

(ii) that royal patronage has been received if that is not the case;

(g) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the Crown or the Government of –

(i) the Commonwealth of Australia; or

(ii) a State or Territory; or

(iii) any other part of the Queen's dominions, possessions or territories;

(h) a name that includes the word "Commonwealth" or "Federal";

(i) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the government of a foreign country;

(j) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with a department, authority or instrumentality of the Government of the Commonwealth of Australia or of a State or Territory or with a municipal or other local authority of a State or Territory;

(k) a name that, in the context in which it is proposed to be used, is capable of suggesting –

(i) connection with an ex-service personnel organisation if the connection suggested does not exist; or

(ii) that the members of an organisation are totally or partially incapacitated if that is not the case.

(2)  For the purpose of subclause (1)(b) , the Commissioner, in determining whether a business name is identical to a name that is reserved or registered under the Corporations Law, is to disregard the following:

(a) the use of the definite or indefinite article as the first word in either name;

(b) the use of "Proprietary", "Pty", "Limited", "Ltd", "No Liability", "NL", "Incorporated" or "Inc" in the name of a corporation;

(c) the use of the singular or plural in either name;

(d) the type, size and case of letters;

(e) the size of any number or other character;

(f) the use of any accent, space between letters, number, character or punctuation mark in either name;

(g) the use in either name of any of the following alternative words or expressions:

(i) and; &;

(ii) Australia; Australian; Aust;

(iii) Company; Co; Coy;

(iv) Corporation; Corp;

(v) Number; No;

(vi) Tas; Tasmania; Tassie; Taz; Tazzie;

(h) the name of a corporation if that corporation is the applicant for registration of its own name exclusive of any legal elements contained in the corporation name.

5.   Revocation

The Business Names Direction 1983 is revoked.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 November 1999

This direction is administered in the Department of Justice and Industrial Relations.