29Priority

#### 29 Priority (1) Where: (a) 2 or more applications are lodged with ASIC for registration of business names that are identical or nearly identical; and (b) none of the applications is a consent application; the applications take priority in the order in which they are lodged. (2) To avoid doubt, the priority of an entity over a business name is not affected by the fact that an ABN application by the entity is pending. (3) If an entity’s application for registration of a business name to the entity is refused, the entity’s priority over the business name is not affected during the review period in relation to that decision. (4) The review period, in relation to a decision to refuse an application by an entity for the registration of a business name to the entity, is: (a) a period of 28 days beginning on the day on which the entity is notified of the decision; or (b) if ASIC determines a longer period under subsection (5)—that longer period. (5) ASIC may determine in writing a longer review period. The determination is not a legislative instrument. (6) ASIC must give a copy of the determination to the applicant. (7) ASIC may refuse 2 or more applications for registration of business names that are identical or nearly identical if all of the applications take the same priority.