sec.3General references

sec.3 General references

For section 43 of the Act , each of the following is an unsuitable name— a name containing a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase; a name containing a word or phrase with the same or a similar meaning to a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase; a name containing a word or phrase mentioned in schedule 1 , part 2 , column 1; for an association that is not a controlled entity—a name containing a word or phrase mentioned in schedule 1 , part 2A ; a name containing the word ‘Commonwealth’ or ‘Federal’; a name suggesting, in the context in which it is proposed to be used, a connection with— the Commonwealth, a State or Territory; or the Commonwealth Government; or the Government of a State or Territory; or a local government; or the government of a part of the Queen’s dominions; or a department, authority or instrumentality of the Commonwealth Government; or a department, authority or instrumentality of the government of a State or Territory; a name suggesting, in the context in which it is proposed to be used, a connection, if it does not exist, with— a member of the Royal Family; or the receipt of Royal patronage; or an ex-servicepersons’ organisation; a name suggesting, in the context in which it is proposed to be used, the members of an association are totally or partially incapacitated if it is not the case; a name that may reasonably be mistaken for— the name of another association incorporated under an Act; or the name of a cooperative registered under the Co-operatives National Law (Queensland) ; or a name— registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5; or the name of an organisation under the Industrial Relations Act 2016 ; a name that— appears on the National Names Index created by the Australian Securities and Investments Commission; and is identical to a name reserved or registered under the Corporations Law; a name likely to offend a reasonable person; a name likely to deceive a reasonable person about the nature or identity of an association. In deciding for subsection (1) (j) whether a name appearing on the National Names Index is identical to a name reserved or registered under the Corporations Law, the following matters are to be disregarded— that the definite or indefinite article is the first word in 1 or both names; the use of ‘Proprietary’, ‘Pty’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Incorporated’, ‘Inc’, ‘Cooperative’ or ‘Co-op’ in 1 or both names; that the same word is used in the singular or plural in the names; the type, size and case of letters, the size of any numbers or other characters, spaces between letters, numbers or characters, punctuation marks and any accents used in the names; that 1 name contains a word stated in schedule 1 , part 3 , column 1 and the other name contains an alternative for that word stated in column 2. In this section— controlled entity see the Auditor-General Act 2009 , section 5 . s 3 amd 2000 SL No. 122 ss 5 , 6 ; 2007 SL No. 120 s 5 ; 2011 Act No. 34 s 31 sch 1 ; 2017 SL No. 33 s 3 ; 2022 Act No. 27 s 88 ; 2023 SL No. 59 s 4 (sec.3-ssec.1) For section 43 of the Act , each of the following is an unsuitable name— a name containing a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase; a name containing a word or phrase with the same or a similar meaning to a word or phrase mentioned in schedule 1 , part 1 , or an abbreviation of the word or phrase; a name containing a word or phrase mentioned in schedule 1 , part 2 , column 1; for an association that is not a controlled entity—a name containing a word or phrase mentioned in schedule 1 , part 2A ; a name containing the word ‘Commonwealth’ or ‘Federal’; a name suggesting, in the context in which it is proposed to be used, a connection with— the Commonwealth, a State or Territory; or the Commonwealth Government; or the Government of a State or Territory; or a local government; or the government of a part of the Queen’s dominions; or a department, authority or instrumentality of the Commonwealth Government; or a department, authority or instrumentality of the government of a State or Territory; a name suggesting, in the context in which it is proposed to be used, a connection, if it does not exist, with— a member of the Royal Family; or the receipt of Royal patronage; or an ex-servicepersons’ organisation; a name suggesting, in the context in which it is proposed to be used, the members of an association are totally or partially incapacitated if it is not the case; a name that may reasonably be mistaken for— the name of another association incorporated under an Act; or the name of a cooperative registered under the Co-operatives National Law (Queensland) ; or a name— registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5; or the name of an organisation under the Industrial Relations Act 2016 ; a name that— appears on the National Names Index created by the Australian Securities and Investments Commission; and is identical to a name reserved or registered under the Corporations Law; a name likely to offend a reasonable person; a name likely to deceive a reasonable person about the nature or identity of an association. (sec.3-ssec.2) In deciding for subsection (1) (j) whether a name appearing on the National Names Index is identical to a name reserved or registered under the Corporations Law, the following matters are to be disregarded— that the definite or indefinite article is the first word in 1 or both names; the use of ‘Proprietary’, ‘Pty’, ‘Limited’, ‘Ltd’, ‘No Liability’, ‘NL’, ‘Incorporated’, ‘Inc’, ‘Cooperative’ or ‘Co-op’ in 1 or both names; that the same word is used in the singular or plural in the names; the type, size and case of letters, the size of any numbers or other characters, spaces between letters, numbers or characters, punctuation marks and any accents used in the names; that 1 name contains a word stated in schedule 1 , part 3 , column 1 and the other name contains an alternative for that word stated in column 2. (sec.3-ssec.3) In this section— controlled entity see the Auditor-General Act 2009 , section 5 .