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Attachment A: Extracts from the Corporations Regulations

Date

Part 1.0 — Miscellaneous

Interpretation

1.0.02(1) In these Regulations:

'financial business' means a business that:

  1. consists of, or includes, the provision of financial services; or
  2. relates wholly or partly to the provision of financial services.

'friendly society' has the meaning given in section 16C of the Life Insurance Act 1995.

Part 2B.6 — Names

Availability of names (Corporations Act, section 147)

2B.6.01(1) For paragraphs 147(1)(a) and (b) of the Corporations Act, the rules for ascertaining whether a name is identical with another name are the rules set out in Part 1 of Schedule 6.

2B.6.01(2) For paragraph 147(1)(c) of the Corporations Act, a name is unacceptable for registration under the regulations if it is unacceptable under the rules set out in Part 2 of Schedule 6.

Consents required for use of certain letters, words or expressions

2B.6.02(1) This regulation applies to a name if:

  1. the name:
    1. is the subject of an application for registration of a name under section 117 of the Corporations Act; or
    2. is the subject of an application for reservation of a name under section 152 of that Act; or
    3. for an application for a change of a name under section 157 of the Act — is the name to which the previous name is to be changed; and
  2. the name is, uses or includes:
    1. letters, or a word or expression, specified in column 2 of an item in Part 4 or 5 of Schedule 6; or
    2. other letters, or another word or expression (whether or not in English), that is of like import to the letters, word or expression specified in the item.

2B.6.02(2) In paragraph (1)(b), a reference to letters, a word or an expression being used includes a reference to the letters, word or expression being used:

  1. as part of another word or expression; or
  2. in combination with other words or letters, or other symbols.

2B.2.02(3) However, this regulation does not apply to use of the letters ADI as part of another word.

Example:

The letters adi appear in the word traditional. This regulation does not apply to the use of the word traditional.

2B.2.02(4) If an item in Part 4 of Schedule 6 applies in relation to the name, the application must be accompanied by the written consent of the Minister who is specified in the item.

2B.2.02(5) If an item in Part 5 of Schedule 6 applies in relation to the name, the application must be accompanied by the written consent of the public authority, instrumentality or agency that is specified in the item.

Part 5B.3 —Names or registrable Australian bodies and foreign companies

Availability of names (Corporations Act, section 601DC)

5B.3.01(1) For paragraphs 601DC(1)(a) and (b) of the Corporations Act, the rules for ascertaining whether a name is identical with another name are the rules set out in Part 1 of Schedule 6.

5B.3.01(2) For paragraph 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration under the regulations if the name is unacceptable under the rules set out in Part 2 of Schedule 6.

Consents required for use of certain letters, words or expressions

5B.3.02(1) This regulation applies to a name if:

  1. the name:
    1. is the subject of an application for registration of a name under section 601BC, 601CB or 601CE of the Corporations Act; or
    2. is the subject of an application for reservation of a name under section 601DA of that Act;
    3. for a notice of change of name under section 601DH of the Act - is the name to which the previous name is to be changed; and
  2. the name is, uses or includes:
    1. letters, or a word or expression, specified in column 2 of an item in Part 4 or 5 of Schedule 6; or
    2. other letters, or another word or expression (whether or not in English), that is of like import to the letters, word or expression specified in the item.

5B.3.02(2) In paragraph (1)(b), a reference to letters, a word or an expression being used includes a reference to the letters, word or expression being used:

  1. as part of another word or expression; or
  2. in combination with other words or letters, or other symbols.

5B.3.02(3) However, this regulation does not apply to use of the letters ADI as part of another word.

Example:

The letters adi appear in the word traditional. This regulation does not apply to use of the word traditional.

5B.3.02(4) If an item in Part 4 of Schedule 6 applies in relation to the name, the application or notice must be accompanied by the written consent of the Minister who is specified in the item.

5B.3.02(5) If an item in Part 5 of Schedule 6 applies in relation to the name, the application or notice must be accompanied by the written consent of the public authority, instrumentality or agency that is specified in the item.

Schedule 6 Regulation 2B.6.01, 2B.6.02, 5B.3.01 and 5B.3.02 Availability of Names

Part 1 — Rules for ascertaining whether names are identical

6101. In comparing one name with another for paragraph 147(1)(a) or (b) or 601DC(1)(a) or (b) of the Corporations Act, the following matters are to be disregarded:

  1. the use of the definite or indefinite article as the first word in one or both of those names;
  2. the use of 'Proprietary', 'Pty', 'Limited', 'Ltd', 'No Liability' or 'NL' in one or both of the names;
  3. whether a word is in the plural or singular number in one or both names;
  4. the type, size and case of letters, the size of any numbers or other characters, and any accents, spaces between letters, numbers or characters, and punctuation marks, used in one or both names;
  5. the fact that one name contains a word or expression in column 2 of the following table and the other name contains an alternative for that word or expression in column 3:
Column 1
Item
Column 2
Word or Expression
Column 3
Alternative
1 Australian Aust
2 Company Co or Coy
3 Co Company or Coy
4 Coy Company or Co
5 Number No
6 and &
7 Incorporated Inc
8 Corporation Corp
9 Australian Company Number ACN

Part 2 — Names unacceptable for registration

6203. For paragraph 147(1)(c) or 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if the name:

  1. in the opinion of ASIC, is undesirable, or likely to be offensive to:
    1. members of the public; or
    2. members of any section of the public; or
  2. subject to rule 6204:
    1. contains a word or phrase specified in an item in Part 3 or an abbreviation of that word or phrase; or
    2. a word or phrase or an abbreviation having the same or a similar meaning; or
  3. subject to rule 6205, includes the word 'Commonwealth' or 'Federal'; or
  4. in the context in which it is proposed to be used, suggests a connection with:
    1. the Crown; or
    2. the Commonwealth Government; or
    3. the Government of a State or Territory; or
    4. a municipal or other local authority; or
    5. the Government of any other part of the Queen's dominions, possessions or territories; or
    6. a department, authority or instrumentality of the Commonwealth Government; or
    7. a de
      partment, authority or instrumentality of the Government of a State or Territory; or
    8. the government of a foreign country;

if that connection does not exist; or

  1. in the context in which it is proposed to be used, suggests a connection with:
    1. a member of the Royal Family; or
    2. the receipt of Royal patronage; or
    3. an ex-servicemen's organisation; or
    4. Sir Donald Bradman;

if that connection does not exist; or

  1. in the context in which it is proposed to be used, suggests that the members of an organisation are totally or partially incapacitated if those members are not so affected.

6204. Paragraph 6203(b) does not apply to:

  1. item 6309, 6312 or 6318 of Part 3 if a word in any of those items must be included in the name of:
    1. a registrable Australian body; or
    2. a registered Australian body;

because of the Act under which it is incorporated or registered; and

  1. item 6314 of Part 3 if the word must be included in the name of:
    1. a registrable Australian body; or
    2. a registered Australian body; or
    3. a registered foreign company; or
    4. a foreign company;

because of the Act under which it is incorporated or registered.

Part 3 — Restricted words and phrases

Column 1
Item
Column 2
Word or phrase
6301 Aboriginal Corporation
6302 Aboriginal Council
6304 Chamber of Commerce
6305 Chamber of Manufactures
6306 Chartered
6307 [Repealed]
6308 Consumer
6309 Co-operative
6310 [Repealed]
6311 Executor
6312

6312A

6312B

Friendly Society (other than in relation to the conduct of a financial business)

G.S.T.

GST

6313 Guarantee
6314 Incorporated
6315 [Repealed]
63166316A6316B Made in Australiapolicepolicing
6317 R.S.L.
6317A RSL
6318 Starr Bowkett
6319 Stock Exchange
6320 Torres Strait Islander Corporation
6321 Trust
6322 Trustee
6323 [Repealed]

Part 4 — Consent required to use restricted words and phrases

Item Word or phrase Minister
6401 Anzac Minister for Veterans' Affairs
6402 (Omitted)  
6403 Geneva Cross, Red Crescent, Red Cross, Red Lion and Sun Minister for Defence
6404 (omitted by Statutory Rules 1998 No. 239, regulation 6.1 (effective 22 July 1998)  
6405 United Nations Minister for Foreign Affairs
6406 University Minister for Education Training and Youth Affairs

Part 5 — Consent required to use names relating to finanacial institutions

Item Word or expression Public authority, instrumentality or agency
6501 ADI APRA
6502 authorised deposit-taking institution APRA
6503 bank APRA
6504 banker APRA
6505 banking APRA
6506 building society APRA
6507 credit society APRA
6508 credit union APRA
6509 friendly society (in relation to the conduct of a financial business) APRA