New South Wales Consolidated Acts

AGL CORPORATE CONVERSION ACT 2002 - SECT 35

35 Registered AGL is authorised to use existing name

(1) Registered AGL is authorised to use the name “The Australian Gas Light Company” as its corporate name without the word “Limited” being included in that name.

(2) Nothing in subsection (1) prevents registered AGL from changing its name in accordance with the provisions of the Corporations Act 2001 of the Commonwealth to include the word “Limited” in its name.

(3) Subsection (1) has effect for only so long as registered AGL retains the name “The Australian Gas Light Company”.

(4) Subsection (1) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Part 2B.6 of that Act.

Note: Section 5G (6) of the Corporations Act 2001 of the Commonwealth provides that the provisions of Part 2B.6 and Part 5B.3 of that Act (which relate to the use of names) do not:

(a) prohibit a company or other body from using a name if the use of the name is expressly provided for, or authorised by, a provision of a law of a State or Territory, or

(b) require a company or other body to use a word as part of its name if the company or body is expressly authorised not to use that word by a provision of a law of a State or Territory.

However, section 5G (3) of that Act provides that section 5G will only apply to a provision of a law of a State or Territory enacted after the commencement of that Act if a law of the State or Territory declares the provision to be a Corporations legislation displacement provision for the purposes of that section.