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ASSOCIATIONS INCORPORATION ACT 1985 - SECT 53A

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 53A

53A—Reservation of name

        (1)         A person may apply to the Commission, in the prescribed form, for reservation of a name for a proposed incorporated association.

        (2)         The Commission may accept an application for reservation of a name under this section if the Commission is satisfied that—

            (a)         the application has been made in good faith; and

            (b)         the name is available for reservation; and

            (c)         the name satisfies the criteria prescribed by Part 3 in respect of names of associations applying for incorporation or amalgamation.

        (3)         If the Commission accepts an application for reservation under this section—

            (a)         the name proposed in the application will be reserved for a period of three months from the date of acceptance of the application; and

            (b)         the Commission must not, during that three months, without the consent in writing of the applicant, accept any other application for reservation of a name or register any association under a name that is likely to be confused with the reserved name.

        (4)         The Commission must maintain a register of names reserved under this section.

        (5)         The Commission may cancel the reservation of a name under this section at any time before the expiration of the three month reservation period if—

            (a)         the Commission becomes aware of any reason why the name should not have been reserved; or

            (b)         the applicant notifies the Commission that he or she no longer wishes the name to be reserved.