ASIC must not register a business name under the Business Names Registration Act 2011 (the Act), if the name is of a kind that is undesirable or the name includes a restricted word or expression.

The kinds of names that are undesirable and restricted words and expressions are provided in the Business Names Registration (Availability of Names) Determination 2015 (the Names Determination).

The Minister has approved guidelines for Ministerial consent (261kB) for business names under the Act. The guidelines were updated on 20 July 2015.

The Minister may consent to the use of a business name that would otherwise not be available to a business as it would be considered undesirable (under section 27(2) of the Registration Act).

This power has been delegated to certain senior ASIC officers (Authorised ASIC Officers).

The Minister may also consent to the use of words or expressions in a business name that are otherwise restricted (under section 9(1) and 9(2) of the Names Determination).

Certain senior ASIC Officers have been authorised by the Minister to perform the power to give consent for the use of restricted words in business names (under section 9(1) and 9(2) of the Names Determination).

The Ministerial Guidelines (Guidelines) set out the procedures to be followed and the criteria to be applied in considering applications for consent:

(a) under section 27(2) of the Registration Act, to use an otherwise undesirable business name and

(b) under section 9(1) and 9(2) of the Names Determination, to the use in a business name of words or expressions that are otherwise restricted words or expressions.

Ministerial Guidelines for use by ASIC Officers

The Authorised ASIC Officers will have regard to these Guidelines in considering applications for consent.
 

Guidelines	Description
Undesirable names	Proposed business names that are likely to offend members of the public or suggest a connection to an organisation that does not exist.
Restricted words or expressions	Proposed business names that contain a restricted word or expression.

 

Further links	Description
Business Names Registration Act 2011	This Act details the legislative framework for business names in Australia.
Business Names Registration (Availability of Names) Determination 2015	This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable.