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Words Other words specified in Part 3, Schedule 6

Date

Guidelines for the use of the words 'Chamber of Commerce' or 'Chamber of Manufactures' in body corporate names

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Items 6304 and 6305 in Part 3 of Schedule 6 respectively specify the words 'Chamber of Commerce' and 'Chamber of Manufactures'

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the words 'Chamber of Commerce' or 'Chamber of Manufactures' in body corporate names where the following criteria are satisfied:

  1. the applicant is a 'genuine' Chamber of Commerce or Chamber of Manufactures in the sense that one of its primary objects is to promote trade and commerce in the region that it proposes to cover, (the proposed constitution of the applicant will be an important factor in applying this criterion); and
  2. the applicant's constitution or charter precludes the payment of a dividend or any other pecuniary benefit to the applicant's members (i.e. the applicant has a non-profit objective).

An application will not be rejected simply because an existing body corporate has broadly similar objectives. The key issue is whether the proposed name would be misleading as to the nature of the business activities to be conducted by the applicant.

The proposed or actual membership of the applicant and the extent to which the membership is engaged, or has strong commercial interests, in trade and commerce are factors that will be taken into account in considering the ability of the applicant to carry out its object of promoting trade and commerce.

Consultative procedures

Where the applicant operates, or proposes to operate, as a regional or suburban Chamber, the Australian Securities and Investments Commission will consult with the most relevant State or Territory Chamber of Commerce or Chamber of Manufactures.

Where the applicant operates, or proposes to operate, as a State or Territorial Chamber or as an international or 'bilateral' Chamber, the Australian Securities and Investments Commission will consult with the Australian Chamber of Commerce and Industry (ACCI).

The Minister's delegate is not obliged to accept the advice given by the chamber of commerce.

In the case of an international/bilateral application, the Australian Securities and Investments Commission will also consult with the Department of Foreign Affairs and Trade (DFAT). DFAT will assess whether it would be undesirable for consent to be granted to the application. They will have regard to any adverse commercial, economic or legal impact upon Australia that would be likely to result if consent were to be granted.

In order to avoid any undue delays in processing applications, the organisation from which comments are sought is requested to provide any comments, which it may have within 14 days.

Any comments received within that time frame will be taken into account. The Australian Securities and Investments Commission will keep ACCI informed about the processing of all 'Chamber of Commerce' and 'Chamber of Manufactures' name applications.

Guidelines for the use in body corporate names of the word 'Consumer'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6308 in Part 3 of Schedule 6 specifies the word 'Consumer'.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the word 'Consumer' in a body corporate name if:

  1. the body corporate is formed, or is to be formed, for a purpose of representing, protecting, promoting or benefiting consumer interests. The purpose or purposes of the body corporate should be apparent from the terms of the body corporate's proposed or existing constituent documents; or
  2. the use of the word 'Consumer' in the name of the body corporate accurately reflects the purpose for which the body is to be formed and is not likely to mislead members of the public into believing that the body is associated with any Government, consumer association or public interest body.

Guidelines for the use in body corporate names of the word 'Executor'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6311 in Part 3 of Schedule 6 specifies the word 'Executor'.

Criteria for the Assessment of Applications

Consent will normally be granted to the use in a body corporate name of the word 'Executor', or a word having a similar meaning, where:

  1. the applicant is authorised by State or Territory trustee legislation to act as an executor or administrator of estates; or
  2. the applicant is a foreign company under the Corporations Act and authorised by legislation of its place of incorporation to act as an executor or administrator of estates; or
  3. the applicant is a foreign company under the Corporations Act and its name is so well known in its place of origin that it would be inequitable to refuse it registration.

Guidelines for the use in body corporate names of the word 'Guarantee'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Corporations Act.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6313 in Part 3 of Schedule 6 specifies the word 'Guarantee'.

Criteria for the Assessment of Applications

Consent will normally be granted to the use in a body corporate name of the word 'Guarantee', or a word having a similar meaning, where:

  1. the name conveys the sense of a guarantee of one body by another, and such guarantee does in fact exist; or
  2. the name conveys an accurate impression about the nature of a product or service that the company offers.

Guidelines for the use in body corporate names of the word 'Incorporated'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs
147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6314 in Part 3 of Schedule 6 specifies the word 'Incorporated'. Rule 6204(b) expressly permits the use of the word 'Incorporated' if it 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 law under which it is incorporated or registered.

The Associations Incorporation acts of the States and Territories provide that an incorporated association shall have at the end of its name the word 'Incorporated' or the abbreviation 'Inc.'. Similarly, companies incorporated under US State companies legislation will have 'Inc.' at the end of their names.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the word 'Incorporated' in a body corporate name, notwithstanding that the body corporate is not required to use the name under State or Territory law, or the law of a foreign jurisdiction, if:

  1. the words are permitted to be included in the name because of the legislation under which the body corporate is incorporated or registered; or
  2. the body corporate is related to another body corporate that is required or permitted to use those words in its name.

An applicant seeking to use the word 'Incorporated' will need to provide evidence that the relevant regulatory authorities in the jurisdictions where the applicant proposes to operate have consented to the use of the word in the applicant's proposed body corporate name.

Guidelines for the use in Body Corporate Names of the Words 'Made in Australia'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6316 in Part 3 of Schedule 6 specifies the words 'Made in Australia'.

Criteria for the Assessment of Applications

Applicants for the use of a proposed name including the words 'Made in Australia' would need to demonstrate that:

  1. the body corporate has a connection with an official Government program encouraging the purchase of Australian made goods and services; or
  2. the proposed name would not be likely to mislead people into believing into believing that there is such a connection.

All requests to use the expression 'Australian Made' or 'Made in Australia' are to be referred to the Department with policy responsibility for origin labelling, and for the Australian Made campaign, for comment.

Guidelines for the use in body corporate names of the words 'Stock Exchange'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning.

Item 6319 in Part 3 of Schedule 6 specifies the words 'Stock Exchange'. Under section 791A of the Corporations Act, a person may only operate a stock exchange in this jurisdiction if they have a market licence that authorises the person to operate the stock exchange, or if the stock exchange is exempt from the operation of Part 7.2 of the Corporations Act.

The Minister may grant a market licence under sections 795B, 795D or 795E of the Corporations Act. In addition, the Minister may grant a market licence under section 1413 in relation to markets operating before FSR commencement.

Under subsection 791C(1) of the Corporations Act, the Minister may exempt from the operation of Part 7.2 of the Corporations Act a particular stock exchange.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the words 'Stock Exchange' in a body corporate name where the applicant provides evidence that the Commonwealth Minister has granted a market license in relation to the stock exchange or exempted the stock exchange from the operation of Part 7.2 of the Corporations Act.

Also, if it is clear from the context in which the words 'Stock Exchange' are used in a body corporate name that there is no suggestion that the body corporate is or will be acting as a stock exchange, then consent will normally be granted. An example of this would be 'Stock Exchange Hotel' or 'Stock Exchange Newsagency'.

Guidelines for the use in body corporate names of the word 'Trust' or 'Trustee'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Items 6321 and 6322 in Part 3 of Schedule 6 respectively specify the words 'Trust' and 'Trustee'.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the word 'Trust' or 'Trustee', or words having a similar meaning, where:

  1. the applicant is authorised by State or Territory trustee legislation to act as an executor or administrator of estates; or
  2. the applicant is authorised by special purpose legislation to perform trustee functions (e.g. the Uniting Church in Australia (Australian Capital Territory) Property Trust, a body corporate established under the Uniting Church in Australia Ordinance 1977); or
  3. the applicant is an administrator of a public or charitable trust i.e. a trust for the advancement of education, religion, the relief of poverty or other purposes beneficial to the community; or
  4. the applicant is a trustee of a trust. This will need to be demonstrated by reference to trust deeds and other documentation; or
  5. the applicant is a foreign company and its name is so well known in its place of origin (whether generally or within a particular industry) that it would be inequitable to refuse it registration.

This policy is based on the need to avoid any possibility of members of the public being misled about the nature of an applicant body.

Guidelines for the use in body corporate names of the abbreviations 'G.S.T.' or 'GST'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules
set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Items 6312A and 6312B in Part 3 of Schedule 6 specify the abbreviations 'G.S.T.' and 'GST'.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the abbreviations 'G.S.T.' or 'GST' or words having a similar meaning, where:

  1. the body corporate has a connection with an official Government program dealing with the Goods and Services Tax; or
  2. the proposed name would not be likely to mislead people into believing into believing that there is such a connection; or
  3. the abbreviation 'GST' in the name describes accurately the applicants business that is the giving of advice on the Goods and Services Tax.

In all cases those seeking to use such an abbreviation are to consult the area of the Commonwealth Treasury with policy responsibility for revenue issues.