Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 38

Division 2-Names

38. (1) For the purposes of this Division a name shall be taken to be
available for reservation in the Territory unless the name-

   (a)  is a name that is reserved or registered under this Division or, in
        the opinion of the Commission, so closely resembles such a name as to
        be likely to be mistaken for it;

   (b)  is, in the opinion of the Commission, undesirable; or

   (c)  is a name, or a name of a kind, that the Ministerial Council has
        directed the Commission not to accept for registration.

(2) Notwithstanding sub-section (1), a name that is a name, or a name of a
kind, that the Ministerial Council has directed the Commission not to accept
for registration shall be taken to be available for reservation in the
Territory in relation to a corporation or intended corporation if the
Ministerial Council has consented to the name being reserved or registered
under this Division in respect of that corporation or intended corporation.

(3) For the purposes of this Division, a name shall be taken to be available
for reservation in a participating State or a participating Territory if it is
available for reservation in that State or Territory under the provision of a
law of that State or Territory that corresponds with this section.

(4) Where the Ministerial Council gives a direction to the Commission in
accordance with paragraph (1) (c), the Commission shall cause particulars of
the direction to be published in the Gazette.