New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 6

6 Refusal of registration of certain business names

(1) A business name is not to be registered if the name contains foreign language characters.

(2) Unless the Minister so directs, a business name is not to be registered:

(a) if registration of the name is prohibited by an order in force under section 21, or

(b) if the Director-General is of the opinion that the name is undesirable.

(2A) A business name that includes the word “police” is not to be registered unless the use of that name is the subject of a consent granted under section 204B of the Police Act 1990 .

(2B) A business name that includes the word “sheriff” is not to be registered unless the use of that name is the subject of a consent granted under section 12 of the Sheriff Act 2005 .

(3) A business name is not to be registered if the Director-General is of the opinion:

(a) that the name is identical to, or closely resembles, an existing registered business name, or existing business name capable of restoration under section 5 (3) (c), under which business is being carried on, and

(b) that the public would be likely to be misled if business were to be carried on under both names.

(4) If the Director-General refuses to register a business name, the Director-General may, subject to this section, register an alternative business name nominated by the applicant.