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					Business Names Manual


INTRODUCTION

This Practice Manual is the culmination of a long-term plan to integrate Practice Notes, Staff
Notes and Procedural Manuals which have for some years formed the basis of Business
Names registration practice in the ACT. Consolidation and presentation of these documents
in one Practice Manual will clarify processes and eliminate confusion and duplication.

Publication of the manual was stimulated by a number of factors. These included a review
of the current business names legislation and a resultant need to update practices and
procedures. The continual and ongoing developments of, and changes within the electronic
network have had a tremendous impact on trading procedures and practices within the local
business sector.

We will continue to improve the manual with updates as business name practices change
and modernise.

This Practice Manual should be read in conjunction with the Business Names Act 1963 (the
Act) and be seen as a practical point of reference in relation to the registration of business
names in the ACT. It is not however a technical document or procedures manual. It does
not therefore, focus on technical or administrative issues associated with the registration
process.

The manual similarly, does not canvass legal issues associated with the meaning and
interpretation of the Act. Rather, it attempts to explain the nature of the legislation
governing business name registration in the Territory and of the subjective testing policy in
respect to these names.

Updates will be issued using a Chapter number system ie. if Chapter 3 changes then the
entire page will be replaced along with any subsequent pages. The method for updating will
be as follows:
• remove and destroy the old page(s);
• insert new page(s);
• update the ‘Index’;
• update the ‘Contents’ page, if applicable.

I acknowledge the work of the staff of the Business Names and Associations Unit in
compiling this Manual.



Brett Phillips
Registrar-General




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OUR CUSTOMER COMMITMENT

Who We Are:

The Registrar-General’s Office is a statutory Office within the ACT Department of Justice
and Community Safety.

The Office was established under the Registrar-General Act 1993.

Objective:

Our objective is to satisfy community needs and expectations for the registration of rental
bonds, land titles; births, deaths and marriages; and business names and associations
through high quality service, and to provide an appropriate level of public access to these
records.

About the Office:

We are an independent office within the ACT Department of Justice and Community Safety.
Our organisation has a number of responsibilities which can be broadly categorised as
follows:

.      Rental Bonds;

.      Land Titles;

.      Births, Deaths and Marriages;

.      Business Names and Associations; and

.      Corporate Services.

The head of the office is the Registrar-General, who is supported by an Operational Manager
and an Office Management Unit Manager. Each Business Unit has a manager responsible for
the day-to-day operations of the Unit.

Our Business names customers are:

• ACT Community;
• ACT and Commonwealth Government agencies;
• Professional groups including:
      - accountants,
      - legal practitioners,
      - finance industry.

• ACT business and commercial sectors; and,



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• community-and industry based organisations.

In Respect to Business Names We Are Here To:

• register business names;
• provide an accurate and secure register of business names;
• provide a search facility to provide ownership and address information for all registered
  ACT business names;
• provide certificates as proof of the registration of a business name which are then
  displayed in places of business; and,
• collect statistical data for government and other organisations.

What You Can Expect From Us:

• polite, courteous and highly trained staff committed to the provision of high quality
  service and 100% accuracy of the information we maintain;
• registration of business names taking within 20 minutes and 24 hours where the
  application is lodged in person and the lodgement fee paid in cash or by credit card; and,
• searching and reporting on business names, taking between 5 minutes and 24 hours.

Where To Get More Information:

We are located in Allara House in Allara Street, Canberra City (diagonally opposite the
Olympic Swimming Pool). The Business Names Unit is located on the Allara Street level.

Our office hours are from 8.30 am to 4.30 pm from Monday to Friday (excluding public
holidays).

You may obtain information in person during office hours or by ringing one of the contact
telephone numbers listed below.

If Things Go Wrong Or You Have A Suggestion:

If problems arise in the delivery of our services or if you have a suggestion that you feel may
assist, please call the appropriate inquiry contact number listed below.

⇒ Manager                                                      620-70473
⇒ Business Names Clerk                                         620-70474
⇒ Assistant Business Names Clerk                               620 70475
⇒ Facsimile Number                                             620-70487




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Freedom of Information Requests:

You should direct any requests for information under the Freedom of Information legislation
to:
      Freedom of Information Officer
      Department of Justice and Community Safety
      GPO Box 158
      CANBERRA ACT 2601

How You Can Help Us:

Please,
• ensure that your documents are complete and correctly signed and that the correct fee is
   lodged with your documents;
• do not expect our office staff to give legal advice or to resolve disputes;
• understand that the information held on our registers relates solely to the ACT;
• appreciate that, while the information held on our registers is available for public scrutiny,
   some information may be subject to privacy restrictions; and,
• be patient and considerate, especially where staff members are attending to other clients.




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CONTENTS


INTRODUCTION

OUR CUSTOMER COMMITMENT

CONTENTS
CHAPTER                 SUBJECT

1.                      THE LEGISLATION
2.                      REGISTRATION PROCESS
2.1                     The purpose of registration
2.2                     Do all business names need to be registered?
2.3                     Applying to register a business name
2.4                     Fees
2.5                     Restrictions on registration
2.6                     Licences and permits

3.                      THE NAMING PROCESS
3.1                     Legislative provisions
3.2                     Ministerial consent
3.3                     Undesirable names
3.4                     Undesirable names
3.5                     Similar names
3.6                     Defence Forces Regulations
3.7                     Other restricted words and phrases
3.8                     Heritage Council Listings
3.9                     Defence Forces Regulations
3.10                    Ministerial Directions

4.                      ONCE THE BUSINESS NAME IS REGISTERED
4.1                     Indexing and scanning
4.2                     Displaying your business name
4.3                     Changes to registered particulars
4.4                     Renewal of registration
4.5                     Cessation of registration
4.6                     Cancellation of registration

5.                      OTHER ISSUES
5.1                     Goods and Services Tax
5.2                     Patents and Trademarks
5.3                     Proprietary rights
5.4                     Trading between jurisdictions (cross border trading)


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5.5                     Trading practices
5.6                     Resolution of disputes

SCHEDULE 1 - WORDS AND PHRASES RESTRICTED FOR USE IN REGISTERED
BUSINESS NAMES

ATTACHMENTS

1.     GLOSSARY OF TERMS

2.     INDEX




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CHAPTER 1

THE LEGISLATION

1.1    FUNCTION AND INTENTION OF LEGISLATION

Business names are required to be registered in the Australian Capital Territory (the
Territory) under the Business Names Act 1963 (the Act).

The intention of the Act is to provide a public register of particulars of all registered names.
This register provides details of persons or companies who carry on business under a name
other than their own personal name which a member of the public may scrutinise in
complete confidence.

The Act ensures that this register is clear and understandable by preventing the registration
of names which may confuse or mislead, offend or deceive a member of the public in respect
to other registered business or company names or alternatively, the nature of the business
intended to be carried on under the business name.




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CHAPTER 2

THE REGISTRATION PROCESS

2.1    THE PURPOSE OF REGISTRATION

The purpose of registration under the Act is to provide a public register from which the
identity and particulars of persons or companies who carry on business in the Territory
(under names other than their own) can be searched and accessed by members of the public.

A registered business name is not a legal entity and registration of a business name provides
no proprietary rights to the proprietor of the name. Registration does however, allow you to
exclusively carry on business in the Territory using the name. No person (other than the
registered proprietor of the name) may legally carry on business in the Territory using the
name. Moreover, where a business name is registered under the Act, we will not register the
name to another party. We will similarly, not register a name which we consider is
sufficiently similar to the registered name to cause confusion.

Where a person carries on business using a business name registered to another party, this
may constitute a breach of the Act which may result in prosecution.

We are also aware that most banks and financial institutions will require evidence that a
business name is registered before allowing you to open a bank account under the name.
Where you decide to register a domain name (eg. on the Internet) it is likely that the service
provider will require evidence that the name is currently registered as a business name.

2.2   DO ALL BUSINESS NAMES NEED TO BE REGISTERED?

If you intend to carry on business in the Territory using a name other than your own
personal name, it is likely that you will need to apply to register the name under the Act.
You are, however, not required to register a business name where you elect to carry on
business using your own personal name without any addition (eg. John Smith). If however,
you decide to qualify your personal name in any way (eg “John Smith Architect” or “Joe
Bloggs and Associates”) the name must be registered under the Act. If you carry on business
using an unregistered business name you are in breach of the Act and we may prosecute you.

You are also not required to register a business name where you:
• conduct an isolated or “one off” transaction which is completed within 31 days and not
  likely to be repeated in the foreseeable future (eg. a trade fair or a product promotion or
  sale);
• are or become a party to any action or suit or any administrative or arbitration proceeding,
  or effects settlement of an action, suit or proceeding or of any claim or dispute;
• maintain any bank account;
• effect any sale through an independent contractor;
• create evidence of any debt or create a charge on real or personal property;




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• secure or collect any of your debts or enforce your rights in regard to any securities
  relating to such debts; or,
• invest any of your funds or hold any property.

2.3   APPLYING TO REGISTER A BUSINESS NAME

You may apply to register a business name by lodging a “Particulars of Business Name”
form with the office, together with the required lodgement fee (refer Chapter 2.4). Forms are
available from the office and a copy of the form is included at the end of this document. We
recommend that you have several choices of name, in case your first choice is unavailable for
registration. The form has provision for you to nominate four alternative choices of name.

You may pay the lodgement fee by cash, credit card, EFTPOS or by money order or cheque.
We accept all credit cards except American Express and Diners Club. If you elect to pay the
lodgement fee by personal cheque we may not process the application until the cheque has
been cleared. Normally this means a delay of five working days. We recommend that you
lodge your application in person at the office: however, you may forward your application
by facsimile and endorse your credit card details on the bottom of the form.

You should also carefully consider your required name before lodging your application.
Once the name is registered we cannot change it and the fee to lodge the application is not
refundable. We can of course accept an application from you to register an alternative name:
however you will be required to pay a further lodgement fee. So think carefully before
lodging your application.

You also need to check that your name does not include any restricted words and phrases
(refer Chapter 3). If so, you may need to seek Ministerial consent before we can proceed to
consider your application.

When completing the form, you need to provide the following information in respect to your
business name:
• the date upon which business is to commence;
• the nature of business;
• addresses of all places of business (these must all be within the Territory);
• names and places of residence of all proprietors of the business; and,
• particulars in respect to your registered agent (if appropriate) (see below).

The form must be signed personally by each individual proprietor, or by a person authorised
to sign on the proprietor’s behalf. Where the proprietor is a body corporate, a director,
manager or secretary of the body corporate must sign the form.

Additionally, if all of the proprietors (including body corporates) reside outside of the
Territory, a resident agent must be appointed. The resident agent must reside in the
Territory and may be a registered body corporate.




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Where the name requested for registration is available and you pay the lodgement fee by
cash or credit card, we will register the name while you wait (once again assuming the name
is available). The registered details then form part of the Register of Business Names. We
will also issue a certificate of registration which you must exhibit at the nominated place of
business.

You must not advertise using a business name unless and until the name has been registered.
This includes advertisements in local newspapers and trade directories such as the Yellow
pages and by letterbox fliers. Advertising under an unregistered business name is in breach
of the Act and may lead to prosecution. Similarly, you should not make any arrangements
for the printing of advertising material for your business name (such as business cards and
letterbox fliers) until the name has been registered.

2.4   FEES

A lodgement fee must be paid when you apply to register a business name. Fees are also
payable when you apply to renew the registration of the business name or to change any of
the registered particulars of the name. A fee is also payable when you seek Ministerial
consent to the registration of a business name (refer Chapter 3.2). These fees are prescribed
under the Act and are not negotiable. Hence if you lodge a document with the office without
the prescribed fee (or with an incorrect fee) we cannot accept the document. We will return
the document to you for resubmission with the correct fee.

You should also be aware that the Act requires that some documents must be lodged within
a particular period of time. These include the notification of changes to the registered
particulars of a business name. These documents are required to be lodged within one
month of the date the change took place. Where the document is not lodged within this time
a higher fee is payable in place of the regular lodgement fee. This is to ensure that the
Register of Business Names is maintained up to date.

Payment may be made by cash, credit card, EFTPOS or by money order or cheque. We do
not currently accept American Express or Diners Club. Also, where you elect to pay the
lodgement fee by personal cheque we may not process the application until the cheque has
been cleared. Normally this means a delay of five working days.

You should be aware that these fees are reviewed each year following the ACT Budget and
also in line with changes to the Consumer Price Index. For this reason we encourage you to
check the current fee before lodging a document. You can do this by calling one of the
contact officers listed above.

2.5   RESTRICTIONS ON REGISTRATION

The Act allows us to decline to register names which we regard as undesirable and also
names which include words or phrases restricted under the Corporations Law (C’wlth). We



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may also decline to register names which are restricted for use in business names under
Ministerial Direction. These names are discussed in more detail in Chapter 3.

We will not register your business name where the nature of business:
• suggests an activity which is illegal, or subject to Government control (eg. gambling);
• appears inconsistent with, or unrelated to, the name put forward for registration.

We will also not register a name if you intend to run a “non-profit” organisation (eg. a
philanthropic group or a charity). You must be operating on a ‘fee for service’’ basis before
we will accept an application to register your business name. If you intend to operate a
“non-profit” venture, you may seek to register this as a company under the Corporations Law
or as an association under the Associations Incorporation Act.

We cannot register your business name where your application is lodged more than two
months earlier than the date upon which you intend to commence business. This is because
the Act does not allow or provide for the reservation of business names.

An infant or a minor can be a proprietor of a business name. However, the application to
register the name must indicate that the proprietor is, in fact, an infant or a minor and also
state the date of birth of the person concerned.

The Act does not specifically disallow an undischarged bankrupt from being a proprietor of
a registered business name. We are aware however, that the Bankruptcy Act (C’wlth) requires
an undischarged bankrupt to seek permission from his or her appointed trustee before
setting up a business.

Should you require any further information in respect to this legislation, you should contact
the Insolvency & Trustee Service Australia at AMA House, 42 Macquarie Street, Barton ACT
(telephone 6250 5639). The services’ website is http://law.gov.au/itsa/.

There are no specific provisions in the Act in respect to a person intending to carry on
business from home. Should you wish to do this however, we suggest you contact ACT
BLIS for advice in respect to any permits or licences you may require. ACT BLIS is a
component of Business Gateway, an initiative of the ACT Government. You may contact
Business Gateway or ACT BLIS on telephone 1800 244 650 or at its website address
www.business.gateway.act.gov.au. for further advice.

We are aware that if you wish to carry on business as a hairdresser or a motor vehicle
repairer you may require the issue of a licence or permit before you are legally able to
commence work. This situation may apply in respect to other home based businesses.

Where you intend to register a business name which is part of a franchise agreement or
network, you should lodge a copy of consent from the franchisee with your application. This
consent should formally consent to the registration of the name under the Act and be signed
by the franchisee or an authorised signatory for the franchisee.




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The Act does not provide for preferential treatment on the basis that the name is required to
be registered under a franchising agreement. Accordingly, if there are other similar names
registered as ACT business names or companies, the name may not be available for
registration, irrespective of the franchise situation.

A trust may be a proprietor of a business name. However the name of the trustee must
appear on the application as well as the name of the trust (eg. John Smith as trustee of the J
Smith Family Trust). The trustee must sign the application on behalf of the trust.

You should also be aware that the words “trust” and “trustee” are restricted for use under
the Corporations Law and therefore require Ministerial consent prior to registration.

2.6   PERMITS AND LICENCES

Where you are seeking to register a name which implies that you offer a professional service
(eg. a legal or medical practitioner, a physiotherapist etc.) we will ask to see:
• proof of your qualification to do the work; and,
• evidence of your current registration by the particular governing authority.

Whilst registration of a business name allows you to carry on business under the registered
name in the Territory, such registration does not provide you with any licence or authority to
carry on a particular activity (eg as a plumber or electrician). You should contact ACT BLIS
for advice as to whether or not you require a licence for your business.




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CHAPTER 3

THE NAMING PROCESS

3.1   LEGISLATIVE PROVISIONS

The Act allows us to decline to register a business name which is undesirable or which is a
name (or name of a kind) that is restricted under the Corporations Law.

The Corporations Law (C’wlth) includes a number of words and phrases which are restricted
for use in registered company names. These words and phrases are restricted because, in
most cases, the word or phrase is normally associated with a particular occupation regulated
by other legislation. Unrestricted use of the particular word or phrase in a registered
company or business name could incorrectly suggest approval under the terms of the
governing legislation. Such a situation is undesirable.

These words and phrases are similarly restricted in terms of business names registered under
the Act. This is because the Heads of Agreement (“Alice Springs Agreement”) in 1990
resulted in an agreement to include provisions in the then Corporations Act (C’wlth) to decline
to register company names which were identical to state and territory registered business
name.

The decision was also taken to similarly restrict the usage, in registered business names, of
selected words and phrases already restricted under the Corporations Act (now the
Corporations Law) in business names. This situation followed on from consultation and
liaison with the then Australian Securities Commission which was responsible for the
registration of corporations under that legislation.

The decision was seen as appropriate to and consistent with the commitment to maintain a
national business names record of corporations registered nationally and also business
names registered under state and territory legislation.

Registration of names, which are undesirable or restricted under the Corporations Law, will
only be allowed following the granting of Ministerial consent. Additionally, some words
and phrases which are restricted under the Corporations Law also require consent from a
particular Federal Minister, before registration may be considered.

If you intend to apply to register a business name which includes one of these words or
phrases you need to firstly seek the consent of the particular Federal Minister. You may then
lodge your application together with the consent and the consent fee. We will then follow up
on the issue of Ministerial consent (see below).

Words and phrases which are restricted under the Corporations Law are included in the listing
at the end of this manual. The listing indicates which words and phrases require Ministerial
consent and those which also require consent from a Federal Minister.




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3.2   MINISTERIAL CONSENT

Ministerial consent means the consent of the ACT Minister for Justice and Community
Safety. The Act allows you to seek Ministerial consent to the registration of a business name
which we regard as unacceptable for registration. This includes names which we have
assessed as undesirable and also names which include words and phrases which are
restricted under the Corporations Law, the Defence (Prohibited Words and Letters) Regulations or
under Ministerial Direction. These words and phrases are included in the listing at the end
of this manual.

Where you elect to seek Ministerial consent you should prepare a written submission setting
out the facts of the situation and why you consider the Minister should consent to the
registration of the name. This submission should be lodged with the office together with the
required fee. You should remember that some names which include words or phrases
restricted under the Corporations Law also require consent from a Federal minister. In these
circumstances, you need to seek this consent before lodging your application.

We will then refer the matter to the Chief Executive of the Department of Justice and
Community Safety for decision. The Chief Executive has the delegation to give such consent.
We will let the applicant know as soon as a decision is made.

3.3   UNDESIRABLE NAMES

Undesirable names include those which:
• are identical or similar to a business name registered in the Territory or a corporation
  registered under the Corporations Law;
• could be seen as offensive by a reasonable member of the public or a particular section of
  the community;
• suggest a connection with the Commonwealth or a state or territory government, or the
  Royal Family;
• are misleading in terms of the actual nature of business to be performed under the
  business name;
• have been restricted by Ministerial Direction (see above), or
• are calculated to deceive.

Words and phrases which we regard as undesirable are included in a listing at the end of this
manual.

3.4   THE SUBJECTIVE TESTING POLICY

When we assess the similarity of a name requested for registration we employ a subjective
testing policy. This policy is, necessarily, relatively strict because the ACT market sector is
relatively small and insular in comparison with other Australian states and territories. It is
also largely service oriented. There have been actual situations where names similar to
those already registered have caused confusion among suppliers and the local industry.
These situations have lead to disputes between competitive businesses.



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Such situations have proven to be unfortunate and regrettable and ones which, in hindsight,
should not have been allowed to occur. For these reasons, our policy is to refrain from
registering business names where there is any perceived potential for the name to cause
confusion with other registered ACT business or company names. This is irrespective of
whether or not the name requested has been registered in other jurisdictions.

3.5   SIMILAR NAMES

We regard a name as undesirable where the name is sufficiently similar to another registered
name to be capable of being confused by a reasonable member of the public. In this respect,
we pay particular attention to coined or connived words forming part of a requested name.
Coined or connived words include those which do not appear within a dictionary or which
are not part of everyday usage. Words such as “Montex” and Quedub” are examples of such
words.

Where similar names are already registered (including names which include coined words or
phrases) we may decline to register the name. This is unless we consider that there is no
likely potential for confusion between the names. We also take into account the situation in
respect to “passing-of’ on the reputation and good will of another business entity (refer
Chapter 5.5 of this manual).

Where we decide that a name is too similar to an already registered name you may, of
course, qualify the name to reduce the potential for confusion. Alternatively, you are free to
approach the proprietor of the registered name to seek formal consent to the registration of
the particular name you require.

3.6    IDENTICAL NAMES

We will not register a name which is identical to another ACT business name. We may
register a business name which is identical to a registered company name where no similar
names are registered as companies or ACT business names, if:
• the company is to be the registered proprietor; or,
• the company is not to be the registered proprietor, and obtains ministerial consent
   together with consent from the company.

This office would not support ministerial consent unless the applicant is able to establish a
corporate connection between the company, and the proposed proprietor.

3.7   OTHER RESTRICTED WORDS AND PHRASES

The Boy Scout’s Association Act 1924 (C/wlth) prohibits unauthorised use of the name “the Boy
Scout Association” or any other name which implies an endorsement by or affiliation with
the Association or a branch of the Association. We will not therefore register names which
include the phrase “boy scout” or similar words or phrases without the authority of the
Scout Association of Australia Incorporated.



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Also restricted are names which suggest a connection with an ex-servicemen’s association or
that its members are totally or partially incapacitated through active service. Names which
include the words “Anzac”, “ex-servicemen’, “Returned Soldier”, “blind” or “blinded’ are
not therefore generally available for use in a registered business name. The word “Anzac” is
restricted under the Corporations Law and requires Ministerial consent and also consent from
the Federal Minister for Veteran’s Affairs before it may be used in a registered business
name.

Names which are prefixed with the initials ‘A.A’ etc to gain to gain prominence in directories
are regarded as undesirable. Applications will be refused if a prefix to the requested name
includes more than three ‘A’s (not including the first initial of a surname or other word in the
name).

We also have a number of words and phrases which we generally regard as undesirable for
use in business names. This is because of the potential of the word or phrase to be
misleading or to cause confusion in terms of the business to be performed under the name.
These words and phrases are included in the listing which appears at the end of this manual.

3.8    HERITAGE COUNCIL LISTINGS

We will also not register names where the name could be seen as associated with a place
included in the ACT Heritage Council Listings. You may contact the Heritage Unit,
Environment ACT for further advice about names currently appearing on the listing. The
address of the Heritage Unit is PO Box 144, Lyneham ACT 2602. The Unit’s website address
is www.act.gov.au/environ.

3.9    DEFENCE FORCES REGULATIONS

The Defence (Prohibited Words and Letters) Regulations prohibit the use of words or letters
which indicate a part of the Naval, Military or Air Forces of the Queen’s dominions or a
service associated with the defence of the Commonwealth. These words and letters are
included in the listing at the end of this manual.

If you intend to use any of these words or letter combinations in your business name you
must first seek consent from the Federal Minister for Defence. Ministerial consent is also
required.

3.10   MINISTERIAL DIRECTIONS

The Minister has agreed to regard certain words and phrases as undesirable for use in
registered business names. These words and phrases, which are usually associated with a
particular function or event, are restricted for use in business names without Ministerial
consent .

Examples of words and phrases thus restricted by Ministerial direction are included in the
listing at the end of this manual.


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CHAPTER 4

ONCE THE BUSINESS NAME IS REGISTERED

4.1   INDEXING AND SCANNING

All documents lodged with the office under the Act are allocated a bar coded unique file
number. An electronic scanner then scans the document. This creates a computerised image
of the document. The document is then allocated a further reference number according to
the document type and indexed. At this point the document is now officially recorded in the
Register of Business Names and is available for public search.

Once the document has been scanned and indexed it is verified to ensure that all registered
details are on the system. The hard copy of the document is then destroyed.

Once the document has been scanned and indexed, we can generate a copy of the document
upon request and also a database extract showing the registered details of the business name.
The extract is the official record of registration of the business name and may be produced in
a court of law. We charge a fee to produce a business name extract.

4.2   DISPLAYING YOUR BUSINESS NAME

You are required to exhibit your certificate of registration of your business name at the
principal place of business nominated in your application. Where there is more than one
place of business, the certificate must be exhibited at the principal place of business.
You must also ensure that your business name is displayed in a conspicuous position on the
outside of every place at which you carry on business under the name.

You are also required to ensure that your registered business name appears in legible
characters on any business letter, statement of account, invoice, official notice, publication,
order for goods or receipt to do with the carrying on of your business;

4.3   CHANGES TO REGISTERED PARTICULARS

You may change any particulars of your business name other than the actual registered
name. Should you elect to change any of the registered particulars, you need to complete a
“Particulars of Business Name” (BP) form and lodge the form with the office together with
the appropriate fee (refer Chapter 2.4). All current proprietors must sign the form. We will
then update the Register of Business Names.

Where changes to registered particulars occur, you need to make sure that the BP form is
lodged within 14 days after the date of the change, together with the prescribed fee. This is
to ensure that the Register is updated as soon as possible. Where the form is lodged more
than 14 days after the date of change, late fees are payable. The Schedule of Fees which is
included at the end of this manual sets out the current fees to amend the particulars of a
registered business names and also the current late fees.



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4.4   RENEWAL OF REGISTRATION

The registration of a business name remains in force for three years and is then subject to
renewal. We will send a notice of renewal of registration to the postal address nominated in
the Register of Business Names one month before the date of expiry of registration. You
need to complete all the particulars on the form even if these have not changed since the last
renewal. Your completion of these details is particularly important if any changes have
occurred to the registered particulars of which we are not aware (such as a change of address
etc.).

The completed renewal notice must be lodged with the office no late than one month after
the registration expires to allow us to renew the registration of the name. After that time, the
registration will automatically lapse and the name is available to anyone to apply to register.
We cannot give any guarantee that a name will be available for registration to a previous
proprietor, once its registration has lapsed.

Where the proprietors of the business names have changed, you may notify details of these
changes on the renewal notice. However, you need to clearly indicate on the notice the
names and addresses of all proprietors who:
• have ceased to be registered proprietors;
• have commenced as registered proprietors; and,
• are continuing on as registered proprietors.

Where any such changes occur in respect to the proprietors of the business name, all
proprietors must sign the notice. This includes all proprietors who are commencing, ceasing
or continuing to carry on business under the name.

Where no changes have occurred to the proprietors, the renewal notice must be signed at
least one current proprietor and lodged with the office together with the correct fee (refer to
the current Schedule of Fees and Charges at the end of this manual). You may lodge the
notice by facsimile and endorse your credit card details on the bottom of the notice.

4.5   CESSATION OF REGISTRATION

You may cease the registration of your business name at any time by lodging a “Notice of
Cessation of Business Name” (Form A5). These forms are available from the office and a
copy of the form is included at the end of this document. We do not charge a fee to lodge
these forms. However, all registered proprietors of the business name must sign the form,
before registration is ceased.

4.6   CANCELLATION OF REGISTRATION

We may proceed to cancel the registration of your business name where we are not satisfied
that:
• you are carrying on business under the business name; or,
• all of the registered particulars of the business name are correct.



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We may also proceed to cancel registration where the name was registered through
inadvertence. In this context, the term ‘inadvertence’ means that the name was registered
through inattention or heedlessness on the part of the office.

We also regard a business name as having been registered through inadvertence where we
subsequently discover that the name incorrectly or mistakenly suggests or infers a function
or activity performed by a competitive business enterprise. This situation applies whether or
not we consider that the decision to apply to register the name was deliberately intended to
suggest or infer this.




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OTHER ISSUES

CHAPTER 5

5.1    GOODS AND SERVICES TAX

We cannot provide advice concerning your obligations and commitments as a business name
proprietor, in terms of the Goods and Services Tax (GST) or the Australian Business Register
(ABR). You may however, contact the Australian Taxation Office on telephone number
132478 or at its website address www.taxreform.ato.gov.au for information and advice in
this respect.

We will not however, register a business name which implies or infers that the business has a
connection or affiliation with a Government agency responsible for the administration of the
GST or ABR. For these reasons, there are a number of words and phrases which we have
been asked to not include in names which we register. These words and phrases are
included in the listing at the end of this manual.

5.2    PATENTS AND TRADEMARKS

Registration of a business name offers no protection in terms of the existence of a registered
trademark. Registration of a trademark gives the owner the legal right to exclusively use or
control the use of the mark for the goods or services for which it is registered. However,
registration of a business name provides no proprietary rights other than the right to carry
on business in the Territory under the name.

We cannot therefore help you if you register a business name which is later challenged as
infringing a registered trademark. We therefore strongly advise intending applicants to
check the trade marks database before applying to us to register a business name. IP
Australia administers this database. You may contact IP Australia on telephone 6283 2999 or
at its webside address http://www.ipaustralia.gov.au to discuss the registration of a trademark.

5.3   PROPRIETARY RIGHTS

You need to be aware that a business name is not a legal entity. Similarly, the registration of
a business name does not create or confer any proprietary or ownership rights in respect to
the use of the name or of any particular words or phrases in the name.

If you are seeking such protection you should contact IP Australia with a view to registering
the name as a trademark (see Chapter 5.2).

5.4    TRADING BETWEEN JURISDICTIONS (CROSS BORDER TRADING)

There are no provisions in place at the present time to allow you to carry on business
simultaneously in (say) Canberra and Queanbeyan. This is because business names are
registered under legislation enacted in the particular Australian state or territory in which
the business actually takes place. There are presently no reciprocal arrangements in force to


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allow mutual or simultaneous registration of names in two or more jurisdictions. We are
however, discussing this issue with the NSW Department of Fair Trading which is
responsible for the registration of business names in NSW.

You are of course, free to apply to register the name in both jurisdictions. Should you wish
to apply to register a name in NSW you may contact the NSW Department of Fair Trading on
telephone 13 3220. The Queanbeyan office of the Department is at 110/112 Monaro Street,
Queanbeyan NSW 2620 telephone 6299 3433. You may also contact that Department at its
website address at www.fairtrading.nsw.gov.au.

You may also consider applying to register the name as a company under the Corporations
Law. The Australian Securities and Investments Commission is responsible for the
registration of companies under the Law. The Commission’s Canberra office is located at
Level 5, 15 London Circuit, Canberra City ACT (telephone 6250 3850). You may also contact
the Commission at its website address http://www.asic.gov.au.

5.5    TRADING PRACTICES

We cannot provide you with advice in respect to setting up your business enterprise.
However, Business Gateway can provide you with a range of general business information
about setting up business in the Territory. This includes information about the ACT
Government’s business policy and programs and also details of incentives and support
available to assist small business.

You should also be aware that laws exist to protect an established trade or business. Such
laws seek to prevent an entity from carrying on business in such a manner as to represent
itself as being representative of or connected with another established business entity. These
laws similarly are intended to prevent misleading and deceptive conduct in business
dealings. They include situations of “passing off” on the name and reputation of another
person or business entity. You need to be aware of the provisions of the Trade Practices Act
(C’wlth) and the Fair Trading Act (ACT) which are relevant to these situations.

You should also be aware that registration of a business name under the Act offers no
protection or recourse against legal action subsequently initiated against your business
under the terms of such legislation.

5.6    RESOLUTION OF DISPUTES

The Act does not provide any avenue for the resolution of disputes arising through the
registration of a business name or through carrying on business under the name. Similarly
the Act does not provide any redress in respect to the rights of claimants trading under
similar names, irrespective of whether or not the names are registered under the Act.

There is also no avenue of appeal under the Act to the Administrative Appeals tribunal by
parties aggrieved by decisions taken to register (or not register) business names. Such
matters may however, be considered by the courts.



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                                                          SCHEDULE 1
     WORDS AND PHRASES RESTRICTED FOR USE IN REGISTERED BUSINESS NAMES

WORD/PHRASE                  REASON                                                ACTION REQUIRED

Aboriginal Corporation       Restricted under                                      Ministerial consent
                             Corporations Law

Aboriginal Council           Restricted under                                      Ministerial consent
                             Corporations Law

Accredited                   Undesirable as tending to infer that                  Registrar-General’s approval
                             the persons are registered or receiving
                             official recognition in the field in which
                             they are carrying on business.

Advisory Board for a         Possible connection to Government                     Registrar-General’s approval
New Tax System               Authority involved with Goods &
                             Services Tax

Air Force                    Prohibited under the Defence                          Consent by Minister for Defence and
                             (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Air Force Emergency          Prohibited under the Defence                          Consent by Minister for Defence and
Force (or AFEF)              (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Alliance                     Misleading as tending to infer                        Registrar-General’s approval
                              non-commercial status. If it appears as
                             the first word in a name it would not be
                             Undesirable, eg. ‘Alliance Finance’.

Animal Hospital              Undesirable without prior approval of                 Registrar-General’s approval
                             Veterinary Surgeons Registration Board

Anzac                        Restricted under                                      Consent from Minister for Veterans’
                             Corporations Law                                      Affairs and Ministerial consent


Approved                     Undesirable as tending to infer that the persons      Registrar-General’s approval
                             are registered or receiving official recognition in
                             the field in which they are carrying on business.

Association                  Misleading as tending to infer non-commercial         Registrar-General’s approval
                             status.

Australian Air Force         Prohibited under the Defence                          Consent by Minister for Defence and
Reserve (or AAFR)            (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Australian Army Reserve      Prohibited under the Defence                          Consent by Minister for Defence and
                             (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Australian Flying Corps      Prohibited under the Defence                          Consent by Minister for Defence and
(or AFC)                     (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Australian Imperial Force    Prohibited under the Defence                          Consent by Minister for Defence and
(or AIF)                     (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Australian Military Forces   Prohibited under the Defence                          Consent by Minister for Defence and
(or AMF)                     (Prohibited Words and Letters)                        Ministerial consent
                             Regulations

Australian Regular Army      Prohibited under the Defence                          Consent by Minister for Defence and




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(or ARA)                       (Prohibited Words and Letters)                    Ministerial consent
                               Regulations

Australian Standard            Undesirable in view of unincorporated body        Registrar-General’s approval
                               “Standards Association of Australia”.

Authorised                     See “accredited”.                                 Registrar-General’s approval

Ayers Rock to Darwin           Restricted by Ministerial direction               Ministerial consent
Cannonball Run

Bank, banker, banking          Restricted under                                  Consent from the Federal Treasurer
(or words having the same      Corporations Law                                  and Ministerial consent
or similar meaning),

BANTS                          Possible connection to Government                 Registrar-General’s approval
                               Authority involved with Goods &
                               Services Tax

Bicentenary                    Undesirable as suggesting connection with the     Registrar-General’s approval
Bicentennial,                  Australian Government in relation to its
                               involvement in Bicentennial celebrations.

Board for a                    Possible connection to Government                 Registrar-General’s approval
New tax System, The            Authority involved with Goods &
                               Services Tax

Board for a New Tax System Possible connection to Government                     Registrar-General’s approval
Office                     Authority involved with Goods &
                           Services Tax

Boy Scout                      Restricted under Boy Scout’s                      Consent from Scout Association of Australia
                               Association act 1924 (C’wlth)

Building Society               Restricted under                                  Ministerial consent
                               Corporations Law

Bureau                         Undesirable as suggesting connection with a       Registrar-General’s approval
                               Government or local authority.

Business Cooperation           Misleading as tending to suggest connection       Registrar-General’s approval
                               Committee with the Associated Chamber of
                               Manufacturers of Australia.

Canberra Rally                 Restricted by Ministerial direction               Ministerial consent

Canberra International Rally   Restricted by Ministerial direction               Ministerial consent

Casino                         Undesirable when used in a context suggesting     Registrar-General’s approval
                               an activity which is not legal.

Certified                      See “accredited”                                  Registrar-General’s approval

Chamber of Commerce            Restricted under                                  Ministerial consent
                               Corporations Law

Chamber of Manufacturers       Restricted under                                  Ministerial consent
                               Corporations Law

Charity                        Undesirable except in the case of an              Registrar-General’s approval
                               authorised agency.

Chartered                      Restricted under                                  Ministerial consent
                               Corporations Law

Clinic                         Undesirable as suggesting connection with a       Registrar-General’s approval
                               Government Department or local authority.

Club                           Misleading in certain cases as tending to infer   Registrar-General’s approval
                               non-commercial status.




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College of Advanced          Restricted under                                Ministerial consent
Education                    Corporations Law

Commonwealth                 Misleading: suggests a connection with          Registrar-General’s approval
                             the Australian government

Community                    Misleading; infers non-commercial status        Registrar-General’s approval

Confederation                Misleading: infers non-commercial status        Registrar-General’s approval

Conference                   Misleading: infers non-commercial status        Registrar-General’s approval

Congress                     Misleading: infers non-commercial status        Registrar-General’s approval

Consumer                     Restricted under                                Ministerial consent
                             Corporations Law

Co-operative                 Restricted under                                Ministerial consent
                             Corporations Law

Council                      Misleading: infer non-commercial status         Registrar-General’s approval

Corporation                  Misleading: infers corporate status             Registrar-General’s approval

Credit Union                 Restricted under                                Ministerial consent
                             Corporations Law

Crown                        Undesirable; suggests a connection              Registrar-General’s approval
                             with royalty

Darwin to Ayers Rock         Restricted by Ministerial Direction             Ministerial consent
Cannonball Run

Defence Force                Prohibited under the Defence                    Consent by Minister for Defence and
                             (Prohibited Words and Letters) Regulations      Ministerial consent

Empire                       Misleading: suggests connection with            Registrar-General’s approval
                             the Queen’s dominions

Executor                     Restricted under                                Ministerial consent
                             Corporations Law

Family Relationship Advice   Undesirable as suggesting connection with a     Registrar-General’s approval
Line                         Government Department or local authority.

Family Relationship Centre   Undesirable as suggesting connection with a     Registrar-General’s approval
                             Government Department or local authority.

Federal                      Undesirable: suggests a connection              Registrar-General’s approval
                             with the Australian government

Federation                   Misleading: infers non-commercial status        Registrar-General’s approval

Fidelity                     Misleading if it implies financial stability.   Registrar-General’s approval

Foundation                   Misleading: infers non-commercial status        Registrar-General’s approval

Friendly Society             Restricted under                                Ministerial consent
                             Corporations Law

Fund                         Misleading: infers non-commercial status        Registrar-General’s approval

Gambling                     Undesirable when used in a context suggesting   Registrar-General’s approval
                             an activity which is not legal.

Geneva Cross                 Restricted under                                Consent from Minister for
                             Corporations Law                                Defence and Ministerial consent

Goods and Services Tax       Possible connection to Government               Registrar-General’s approval
                             Authority involved with Goods &
                             Services Tax



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Goods Services Tax              Possible connection to Government                 Registrar-General’s approval
                                Authority involved with Goods &
                                Services Tax

Group                           Undesirable where the business is carried         Registrar-General’s approval
                                by a sole proprietor.

GST (or G.S.T.)                 Possible connection to Government                 Registrar-General’s approval
                                Authority involved with Goods &
                                Services Tax

GST Assistance                  Possible connection to Government                 Registrar-General’s approval
                                Authority involved with Goods &
                                Services Tax


GST (or G.S.T.)                 Possible connection to Government                 Registrar-General’s approval
Office                          Authority involved with Goods &
                                Services Tax

GST Start-Up Systems            Possible connection to Government                 Registrar-General’s approval
Office                          Authority involved with Goods &
                                Services Tax

Guarantee                       Restricted under                                  Ministerial consent
                                Corporations Law

Guild                           Misleading as tending to infer non-               Registrar-General’s approval
                                commercial status.

Her Majesty’s Australian        Prohibited under the Defence                      Consent by Minister for Defence and
Ship (or HMAS)                  (Prohibited Words and Letters)                    Ministerial consent
                                Regulations

Her Majesty’s Australian        Prohibited under the Defence                      Consent by Minister for Defence and
Ships (or HMA Ships)            (Prohibited Words and Letters)                    Ministerial consent
                                Regulations

Ikara                           Undesirable as it is the name of a missile used   Registrar-General’s approval
                                by the Australian Forces

Imperial                        Undesirable: suggests connection with             Registrar-General’s approval
                                Australian or British governments

Incorporated                    Restricted under                                  Ministerial consent
                                Corporations Law

Institute                       Misleading as tending to infer non-               Registrar-General’s approval
                                commercial status

Institute of Advanced           Restricted under                                  Ministerial consent
Education                       Corporations Law

International Rally of Canberra Restricted by Ministerial Direction               Ministerial consent

Jindivic                        Undesirable as it is the name of a missile used   Registrar-General’s approval
                                by the Australian Forces

Jumping Jacks                   Restricted by Ministerial Direction               Ministerial consent
Jumpin Jacks
Jumping Jack,
Jumping Jacks

King                            Undesirable: suggests a connection                Registrar-General’s approval
                                with royalty

League,                         Misleading as tending to infer non-               Registrar-General’s approval
                                commercial status

Legion                          Misleading as tending to infer non-               Registrar-General’s approval



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                            commercial status

Licensed                    Undesirable as tending to infer that the persons    Registrar-General’s approval
                            are registered or receiving some form of official
                            recognition, in the field in which they are
                            carrying on business

Limited                     Undesirable unless person proposed to be            Registrar-General’s approval
                            registered is a corporate body and the name of
                            that body is included in the name eg. Charlie a
                            Division of Charlie Industries Sales Pty. Limited

Lottery                     Undesirable except in the case of an authorised     Registrar-General’s approval
                            agency.


Made in Australia           Restricted under                                    Ministerial consent
                            Corporations Law

Malkara                     See “Jindivic”                                      Registrar-General’s approval

Movement                    See ”Confederation”                                 Registrar-General’s approval

Mugga Mugga                 Restricted by Ministerial direction                 Ministerial consent


National                    Undesirable: suggests connection                    Registrar-General’s approval
                            with Australian government

Naval                       Prohibited under the Defence                        Consent by Minister for Defence and
                            (Prohibited Words and Letters)                      Ministerial consent
                            Regulations

Naval Emergency Reserve     Prohibited under the Defence                        Consent by Minister for Defence and
Forces (or NERF)            (Prohibited Words and Letters)                      Ministerial consent
                            Regulations

Naval Forces                Prohibited under the Defence                        Consent by Minister for Defence and
                            (Prohibited Words and Letters)                      Ministerial consent
                            Regulations

Navy                        Prohibited under the Defence                        Consent by Minister for Defence and
                            (Prohibited Words and Letters)                      Ministerial consent
                            Regulations

New Tax System Board        Possible connection to Government                   Registrar-General’s approval
                            Authority involved with Goods &
                            Services Tax

New Tax System              Possible connection to Government                   Registrar-General’s approval
Office                      Authority involved with Goods &
                            Services Tax

No Liability                Undesirable as suggesting corporate status          Registrar-General’s approval

Organisation                Misleading as tending to infer non-                 Registrar-General’s approval
                            commercial status.

Olympic, Olympiad,          Undesirable unless approved by                      Registrar-General’s approval The ASIC
Olympian          Australian Olympic Committee                        will probably direct that protected Olympic
                                                                                Insignia be prevented from being included
                                                                                in a company name. The Registrar-General
                                                                                would consider any unauthorised use of
                                                                                these terms undesirable.

Permanent Air Force         Prohibited under the Defence                        Consent by Minister for Defence and
(or PAF)                    (Prohibited Words and Letters)                      Ministerial consent
                            Regulations


Permanent Military Forces   Prohibited under the Defence                        Consent by Minister for Defence and




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                             (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Permanent Naval Forces       Prohibited under the Defence                        Consent by Minister for Defence and
                             (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Pool                         Undesirable if used in a context suggesting         Registrar-General’s approval
                             Government support eg. “Truck Pool”

Proprietary                  See “No Liability”                                  Registrar-General’s approval

Queen                        Undesirable: suggests a connection                  Registrar-General’s approval
                             with royalty

RAAF                         Prohibited under the Defence                        Consent by Minister for Defence and
                             (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Raffles                      Undesirable except in the case of an authorised     Registrar-General’s approval
                             Agency or Art Union.

Rally of Canberra            Restricted by Ministerial direction                 Ministerial consent

Red Crescent                 Restricted under                                    Consent from Minister for
Red Cross                    Corporations Law                                    Defence and Ministerial consent
Red Lion and Sun

Registered                   Undesirable as tending to infer that the persons    Registrar-General’s approval
                             are registered or receiving some form of official
                             recognition in the field in which they are
                             carrying on business.

Regular Army Emergency       Prohibited under the Defence                        Consent by Minister for Defence and
Reserve                      (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Regular Army Supplement      Prohibited under the Defence                        Consent by Minister for Defence and
                             (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Reserve                      Prohibited under the Defence                        Consent by Minister for Defence and
                             (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Royal                        Undesirable: suggests a connection                  Registrar-General’s approval
                             with royalty

Royal Australian Air Force   Prohibited under the Defence                        Consent by Minister for Defence and
(or RAAF)                    (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Royal Australian Fleet       Prohibited under the Defence                        Consent by Minister for Defence and
Reserve (or RAFR)            (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Royal Australian Naval       Prohibited under the Defence                        Consent by Minister for Defence and
Reserve (or RANH)            (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Royal Australian Navy        Prohibited under the Defence                        Consent by Minister for Defence and
(or RAN)                     (Prohibited Words and Letters)                      Ministerial consent
                             Regulations

Savings                      Restricted under                                    Ministerial consent
                             Corporations Law

Savings Bank                 Restricted under                                    Consent from the Federal Treasurer
                             Corporations Law                                    and Ministerial consent

Society                      Misleading as tending to infer non-                 Registrar-General’s approval



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                           commercial status.

Starr Bowkett              Restricted under                                 Ministerial consent
                           Corporations Law

Start-Up Office            Possible connection to Government                Registrar-General’s approval
                           Authority involved with Goods &
                           Services Tax

Start-Up Systems Office    Possible connection to Government                Registrar-General’s approval
                           Authority responsible for Goods & Services
                           Tax

State                      Undesirable: suggests connection with            Registrar-General’s approval
                           an Australian state government

Stock Exchange             Restricted under                                 Ministerial consent
                           Corporations Law

Syndicate                  Undesirable if only one proprietor of business   Registrar-General’s approval
                           name.

Territory                  Misleading: suggests connection with             Registrar-General’s approval
                           Australian Territory government

The GST Office             Possible connection to                           Registrar-General’s approval
                           Government Authority

The New Tax System Board   Possible connection to Government                Registrar-General’s approval
Office                     Authority involved with Goods &
                           Services Tax


The Start-Up Office        Possible connection to Government                Registrar-General’s approval
                           Authority involved with Goods &
                           Services Tax

Torres Strait Islander     Restricted under                                 Ministerial consent
Corporation                Corporations Law

Trust, trustee             Restricted under                                 Ministerial consent
                           Corporations Law

Union                      See “Confederation”                              Registrar-General’s approval

United Nations             Restricted under                                 Consent from Minister for Foreign Affairs
                           Corporations Law                                 and Trade and Ministerial consent

University                 Restricted under                                 Ministerial consent
                           Corporations Law

Unlimited                  Undesirable as suggesting a corporate status     Registrar-General’s approval




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                             GLOSSARY OF TERMS
“Act”
• means the ACT Business Names Act 1963.

“Business”
• includes all business activities undertaken for profit and gain and includes trades and
   professions.

“Carry on Business”
• includes establishing a place of business and soliciting or procuring any order from a
   person in the Territory.

“Corporation”
• means a corporation so regarded under the Corporations Law or some other legislation.

“Document”
• means a document required to be lodged with the office under the Act.

“Fee”
• means a fee prescribed under the Act and refers to the fee presently required to be paid.

“Infant”
• means a person under the age of eighteen years of age.

“Minister”
• means the ACT Minister for Justice and Community Safety or a person delegated to
  perform the functions of the Minister as defined in the Act.

“Ministerial consent”
• means the consent of the Minister to the registration of a business name under the Act.

“Proprietor”
• means the registered proprietor of a registered business name and includes a private
   individual and a corporation.

“Qualify”
• means to qualify your personal name by any addition or modification.

“Register”
• means the Register of Business Names maintained under the Act.

“Registrar-General”
• means a person delegated under the Registrar-General Act 1993 to perform the function of
   the Registrar-General as defined in the Act.



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“Subjective testing policy”
• means the policy employed by the Registrar-General’s Office in assessing the desirability
   of a name for registration under the Act.

“Territory”
• means all geographical, commercial and residential areas within the Australian Capital
   Territory including Jervis Bay.




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                                       INDEX
SUBJECT                                                         CHAPTER


‘AAA’, Names including                                          3.7
ACT BLIS                                                            2.6
Advertising under business name                          2.3, 4.2
Bankrupts, as proprietors of business names                         2.5
Boy scout                                                           3.7, Schedule 1
Business Gateway                                                2.5
Cancellation of Registration                                        4.6
Cessation of Registration                                       4.5
Changes to Registered Particulars                               4.3
Coined or connived words and phrases                                3.5
Cross border trading                                                5.4
Defence Forces Regulations                                      3.9, Schedule 1
Displaying business name                                            4.2
Disputes, resolution of                                             5.6
Domain names                                                        2.1
Exemptions (from the need to register a business name)              2.2
Ex-servicemen, ex-servicemen’s associations                         3.7
Fees                                                            2.4, Schedule 2
Franchises, franchising agreements                                  1.5
Freedom of Information                                          Introduction
Glossary of terms                                               Attachment 1
Goods and Services Tax                                              5.1
Heritage Council Listings                                           3.8
Home based business                                             2.5
Identical names                                                     3.6
Illegal activities                                              2.5
Indexing/scanning of documents                                      4.1



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Infant, as a proprietors of a business name   2.5
Legislation                                   1.1, 3.1
Licences                                      2.6
Ministerial consent                           3.2
Ministerial Directions                        3.11
Minor, as proprietors of a business name      2.5
‘Non-profit’ organisations                    2.5
Office Staff, contacts                        Introduction
‘One off’ transactions                        2.2
Paralympic Games                              3.10, Schedule 1
Passing-off                                   5.5
Patents                                       5.2
Period of registration                        4.4
Permits                                       2.6
Professional occupations                      2.6
Proprietary rights                            5.3
Requirement to register name                  2.2
Renewal of registration                       4.4
Resident agent                                2.3
Resolution of disputes                        5.6
Restricted Words and Phrases                  3.1, 3.5, 3.7,
                                              Schedule 1
Scanning/Indexing of Documents                4.1
Similar Names                                 3.5
Subjective Testing Policy                     3.5
Trademarks                                    5.2
Trading between jurisdictions                 5.4
Trading practices                             5.5
Trusts, trustees                              2.5
Undesirable names                             3.3




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