BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 2011) - SECT 29 Priority
BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 2011) - SECT 29
Priority(1) Where:
(a) 2 or more applications are lodged with ASIC for registration of business names that are identical or nearly identical; and
(b) none of the applications is a consent application;
the applications take priority in the order in which they are lodged.
(2) To avoid doubt, the priority of an entity over a business name is not affected by the fact that an ABN application by the entity is pending.
(3) If an entity's application for registration of a business name to the entity is refused, the entity's priority over the business name is not affected during the review period in relation to that decision.
(4) The review period , in relation to a decision to refuse an application by an entity for the registration of a business name to the entity, is:
(a) a period of 28 days beginning on the day on which the entity is notified of the decision; or
(b) if ASIC determines a longer period under subsection (5)--that longer period.
(5) ASIC may determine in writing a longer review period. The determination is not a legislative instrument.
(6) ASIC must give a copy of the determination to the applicant.
(7) ASIC may refuse 2 or more applications for registration of business names that are identical or nearly identical if all of the applications take the same priority.