Section 1 - Business Names Registration (Availability of Names) Determination 2015 - Business Names Registration (Availability of Names) Determination 2015

1Business Names Registration (Availability of Names) Determination 2015

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Commonwealth Coat of Arms of Australia

Business Names Registration (Availability of Names) Determination 2015

made under the Business Names Registration Act 2011

Compilation No. 02

Compilation date: 26 November 2022

Includes amendments up to: Treasury Laws Amendment (Miscellaneous Amendments No. 1) Instrument 2022

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Business Names Registration (Availability of Names) Determination 2015 that shows the text of the law as amended and in force on 26 November 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1 Name of determination

3 Definitions

4 Determining if business name is available to an entity

Part 2 Rules for determining whether business names are identical or nearly identical to other names

Division 1 Rules for determining whether business names are identical or nearly identical to names other than company names

5A Determining if business names are identical or nearly identical

Item	Characteristic
1	In the opinion of ASIC, it is likely to be offensive to:
	(a) members of the public; or(b) members of any section of the public
2	In the context in which it is proposed to be used, it suggests a connection with any of the following that does not exist:
	(a) the Crown;(b) the Commonwealth Government;(c) the Government of a State or Territory;
	(d) a municipal or other local authority;(e) a department, authority or instrumentality of the Commonwealth Government;(f) a department, authority or instrumentality of the Government of a State or Territory;
	(g) the government of a foreign country;(h) a member of the Royal Family;(i) the receipt of Royal patronage;
	(j) a charitable organisation;(k) an ex-service personnel organisation or ex-service personnel generally;(l) Sir Donald Bradman;
	(m) Mary MacKillop;(n) the United Nations
3	In the context in which it is proposed to be used, it suggests that the members of an organisation are totally or partially incapacitated and those members are not so affected

Item	Word or expression
101	accom, accommodation, holiday accommodation
102	holiday apartments, holiday units
103	b & b, bed and breakfast,
104	hotel, inn
105	motel, motor inn
106	airlines, air services, aviation, aviation services
107	aquatic centre, aquatics, swimming pool, pool
108	art, art gallery, artworks, fine art, gallery, art centre, art service, art solution
109	cakes, cake shop, cupcakes
110	pastries, patisserie
111	bakehouse, bakery, bakers
112	bread, hot bread, hot bread shop
113	beauty, beauty boutique, beauty clinic, beauty salon, beauty studio, beauty therapy, beauty services, beauty centre
114	nails, nailz
115	body care, skincare, skin therapy
116	spray tan, spray tanning, tanning
117	bicycles, bikes, cycles
118	build, builders, buildings, building services, construct, constructions, construction services, fabrications, developments
119	homes, quality homes, houses
120	carpenters, carpentry, carpentry services, carpentry solution
121	joiner, joinery
122	bricklayers, bricklaying, bricklaying services, blocklaying
123	additions, extensions
124	home improvements, home renovations, renovate, renovations, renovators
125	buses, bus service, coaches, coach service
126	dog grooming, dog wash, grooming, pet grooming
127	caterers, catering, catering services
128	ceramics, ceramic tiling, tiles, tiling, tiling services, tiling solution
129	charcoal chicken, chicken
130	child care, child care centre, children's centre, childrens centre, day care, family day care, long day care centre, day care centre
131	kindergarten, kindy, pre-school, preschool
132	domestic cleaning, domestic cleaning services, home cleaning, home cleaning services
133	carpet cleaners, carpet cleaning
134	apparel, clothes, clothing, wear
135	alterations, clothing alterations, dressmaking
136	boutique, couture, creations, fashion, fashion boutique, fashions
137	barista, coffee, espresso
138	paints, paint supplies
139	perfumes, scents
140	artisans, crafts, handcrafts
141	blinds, curtains
142	academy of dance, dance academy, dance centre, dance studio, school of dance, dance, dance school
143	master painters, painters, painting, painting contractors, painting service, painting solutions
144	painters and decorators, painting and decorating, painting and decorating services
145	doors, door services
146	garage doors, roller doors
147	earthmoving, excavations, earthworks
148	bobcat and tipper hire, bobcat hire, bobcats, diggers, earthmovers, mini diggers, tipper hire
149	cafe, cafe bar, caffe, kafe
150	diner, dining
151	eatery, eats
152	restaurant, ristorante
153	fast food, food, food bar, food service
154	snack bar, snacks
155	takeaway, take away food
156	pizza, pizza bar, pizzeria
157	seafood, seafood restaurant
158	sandwich bar, sandwiches
159	coffee bar, coffee house, coffee lounge, coffee shop, espresso bar
160	elec, electrical, electrical service, electricians, electrics, electrix, electronic services, electronic, electrical solutions
161	exhaust, exhaust centre, mufflers
162	credit, finance, lending, loan centre, loan office, loans, money, financial, finance solutions
163	firearms, guns
164	fitness centre, gym
165	exercise, fit, fitness, workout
166	mats, rugs, carpet
167	blooms, flora, florist, flowers, flower shop, floral
168	food market, food store
169	fresh produce, produce
170	funeral directors, funerals, funeral services
171	&, and
172	fine furniture, furniture
173	garden care, garden design, gardener, gardening, garden maintenance, garden services, garden solutions, garden, gardening service, garden centre
174	tree lopping, tree lopping service
175	yard maintenance, yard services
176	landscape design, landscapes, landscape services, landscaping, landscaping services
177	glass, glass and glazing, glass service, glazing
178	leadlight, stained glass
179	grocer, grocery, grocery store, supermarket
180	milk bar, mini mart, mixed business
181	cuts, cutz, hair, hair boutique, hair cut, hair design, hairdresser, hairdressing, hairdressing salon, hair fashions, hair salon, hair studio, hair stylist, salon
182	@, at
183	caps, hats
184	audio, hi fi
185	assurance, insurance, insure, insurance services, insurance solutions
186	fashion jewellery, fine jewellery, gems, jewellers, jewellery, jewelry, jewels
187	%, percent
188	coin laundry, laundrette, laundromat, laundry, laundry service
189	lawyers, legal, legal services, solicitors, law
190	limo, limousines, limousine service
191	bottle shop, cellars, liquor, liquor store
192	cruisers, marine, yacht, marine service
193	boat hire, boating, charters, fishing charters
194	butcher, butchery
195	fresh meats, meat market, meats, meat supply, quality meats
196	automotive, automotive service centre, automotive services, auto service, auto service centre
197	automotive repairs, auto repairs, car repairs, motor repairs
198	mechanic, mechanical, mechanical repairs, mechanical services, mechanics
199	clinic, health care, medical centre, medical practice, medical services, medicine, medicine centre, practice, surgery, health, medical, medical clinic, medicine clinic
200	nurses, nursing
201	automobiles, autos, auto sales, cars, car sales, motor group, motors, vehicle
202	moto, motorcycles
203	lawn care, lawnmowing, lawn mowing service, lawns, mow, mowing, mowing service
204	music, music centre, music school
205	natural therapies, natural therapy centre, remedial therapy, therapeutics, therapies, therapy centre, therapy, therapy clinic
206	massage centre, massage therapy, remedial massage, sports massage, therapeutic massage, massage
207	naturopath, naturopathic clinic, naturopathy
208	news, newsagency, newsagent
209	eyewear, optical, optical services, specs, eye, eye clinic
210	optometrists, optometry
211	auto body repairs, body repairs, body shop, body works, crash repairs, dent removal, motor body repairs, panel beating, panels, panel works, smash repairs, detailing
212	concrete pumping, concreting, crete, formwork, concrete, crete service, concrete services, concreting services, crete solution
213	brick paving, pave, paving
214	pest control, pest control services, pest management, pest management service, pest
215	fuel, petrol, petroleum, diesel
216	pets, pet shop
217	chemist, dispensary, drug store, pharmacy
218	photo, photographer, photographics, photography
219	pics, pix, shots, snaps
220	plumbers, plumbing, plumbing contractors, plumbing services, plumbing solutions
221	drainage, drainage services, drain cleaning, draining
222	gasfitter, gasfitting, gas services
223	guttering, gutters
224	pub, tavern
225	bar, lounge, saloon
226	real estate, real estate group, real estate services, realty
227	property group, property investment, property
228	roofing, roofing services, roof repairs, roof restorations, roofing solution
229	movers, relocations, removalists, removals, moving
230	footwear, shoes
231	bedding, mattress, bed
232	deli, delicatessen
233	candy, confectionery, lollies, lolly shop, sweets
234	cabs, taxi, taxi service
235	fone, phones
236	mobile phone, mobiles
237	tobacco, tobacconist
238	holidays, travels, trips, travel service, travel centre
239	touring, tours
240	grass, turf
241	film productions, films, pictures
242	demolition, wreckers
243	Australian, Australia, Aussie, Aus, Aust
244	co, company, coy
245	corp, corporation
246	=, equals
247	no, number
248	conveyancer, conveyancing, settlements, conveyancing services
249	towing, towing services
250	driving, drive, driving school, driving academy
251	dental, denture, dental centre, denture clinic, dental surgery, dental clinic
252	decorating, decorators, decorating services
253	physio, physiotherapy, physiotherapy centre
254	accountants, accounting, accounting services
255	chiropractic centre, chiropractic clinic
256	cooling, refrigeration, air conditioning, refrigeration services, air conditioning services
257	antiques, collectables
258	architects, architecture, drafting, drafting services
259	cleaners, cleaning, cleaning services, cleaning solutions
260	consultancy, consulting, consultants, consultancy services
261	contracting, contractor, contracting services
262	design, designer, design services
263	institute, academy, school, college
264	services, solutions
265	engineering, engineers, engineering services
266	wealth, investment, investment services, wealth solutions
267	tax, taxation, taxation services, tax services
268	distribution, distributors, distribution centre
269	wellbeing, wellness, wellness centre
270	computer, computing, computer services, computer solutions, computing services
271	technology, technology services
272	plaster, plastering, plastering services
273	podiatry, podiatry clinic
274	print, printing, printing services
275	recruitment, employment, employment services, recruitment services
276	farm, farming, farm services
277	security, protection, security services, security solutions, protection services
278	trade, trader, trading
279	education, educational, education centre, education services, educational services
280	veterinary clinic, veterinary centre
281	wholesale, wholesalers
282	Victorian, Victoria, VIC
283	Tasmanian, Tasmania, TAS
284	New South Wales, NSW
285	Queensland, QLD
286	South Australian, South Australia, SA
287	Western Australian, Western Australia, WA
288	Northern Territory, NT
289	Australian Capital Territory, ACT
290	1, one
291	2, two
292	3, three
293	4, four
294	5, five
295	6, six
296	7, seven
297	8, eight
298	9, nine
299	10, ten

Item

Word or expression

101

accom, accommodation, holiday accommodation

102

holiday apartments, holiday units

103

b & b, bed and breakfast,

104

hotel, inn

105

motel, motor inn

106

airlines, air services, aviation, aviation services

107

aquatic centre, aquatics, swimming pool, pool

108

art, art gallery, artworks, fine art, gallery, art centre, art service, art solution

109

cakes, cake shop, cupcakes

110

pastries, patisserie

111

bakehouse, bakery, bakers

112

bread, hot bread, hot bread shop

113

beauty, beauty boutique, beauty clinic, beauty salon, beauty studio, beauty therapy, beauty services, beauty centre

114

nails, nailz

115

body care, skincare, skin therapy

116

spray tan, spray tanning, tanning

117

bicycles, bikes, cycles

118

build, builders, buildings, building services, construct, constructions, construction services, fabrications, developments

119

homes, quality homes, houses

120

carpenters, carpentry, carpentry services, carpentry solution

121

joiner, joinery

122

bricklayers, bricklaying, bricklaying services, blocklaying

123

additions, extensions

124

home improvements, home renovations, renovate, renovations, renovators

125

buses, bus service, coaches, coach service

126

dog grooming, dog wash, grooming, pet grooming

127

caterers, catering, catering services

128

ceramics, ceramic tiling, tiles, tiling, tiling services, tiling solution

129

charcoal chicken, chicken

130

child care, child care centre, children's centre, childrens centre, day care, family day care, long day care centre, day care centre

131

kindergarten, kindy, pre-school, preschool

132

domestic cleaning, domestic cleaning services, home cleaning, home cleaning services

133

carpet cleaners, carpet cleaning

134

apparel, clothes, clothing, wear

135

alterations, clothing alterations, dressmaking

136

boutique, couture, creations, fashion, fashion boutique, fashions

137

barista, coffee, espresso

138

paints, paint supplies

139

perfumes, scents

140

artisans, crafts, handcrafts

141

blinds, curtains

142

academy of dance, dance academy, dance centre, dance studio, school of dance, dance, dance school

143

master painters, painters, painting, painting contractors, painting service, painting solutions

144

painters and decorators, painting and decorating, painting and decorating services

145

doors, door services

146

garage doors, roller doors

147

earthmoving, excavations, earthworks

148

bobcat and tipper hire, bobcat hire, bobcats, diggers, earthmovers, mini diggers, tipper hire

149

cafe, cafe bar, caffe, kafe

150

diner, dining

151

eatery, eats

152

restaurant, ristorante

153

fast food, food, food bar, food service

154

snack bar, snacks

155

takeaway, take away food

156

pizza, pizza bar, pizzeria

157

seafood, seafood restaurant

158

sandwich bar, sandwiches

159

coffee bar, coffee house, coffee lounge, coffee shop, espresso bar

160

elec, electrical, electrical service, electricians, electrics, electrix, electronic services, electronic, electrical solutions

161

exhaust, exhaust centre, mufflers

162

credit, finance, lending, loan centre, loan office, loans, money, financial, finance solutions

163

firearms, guns

164

fitness centre, gym

165

exercise, fit, fitness, workout

166

mats, rugs, carpet

167

blooms, flora, florist, flowers, flower shop, floral

168

food market, food store

169

fresh produce, produce

170

funeral directors, funerals, funeral services

171

&, and

172

fine furniture, furniture

173

garden care, garden design, gardener, gardening, garden maintenance, garden services, garden solutions, garden, gardening service, garden centre

174

tree lopping, tree lopping service

175

yard maintenance, yard services

176

landscape design, landscapes, landscape services, landscaping, landscaping services

177

glass, glass and glazing, glass service, glazing

178

leadlight, stained glass

179

grocer, grocery, grocery store, supermarket

180

milk bar, mini mart, mixed business

181

cuts, cutz, hair, hair boutique, hair cut, hair design, hairdresser, hairdressing, hairdressing salon, hair fashions, hair salon, hair studio, hair stylist, salon

182

@, at

183

caps, hats

184

audio, hi fi

185

assurance, insurance, insure, insurance services, insurance solutions

186

fashion jewellery, fine jewellery, gems, jewellers, jewellery, jewelry, jewels

187

%, percent

188

coin laundry, laundrette, laundromat, laundry, laundry service

189

lawyers, legal, legal services, solicitors, law

190

limo, limousines, limousine service

191

bottle shop, cellars, liquor, liquor store

192

cruisers, marine, yacht, marine service

193

boat hire, boating, charters, fishing charters

194

butcher, butchery

195

fresh meats, meat market, meats, meat supply, quality meats

196

automotive, automotive service centre, automotive services, auto service, auto service centre

197

automotive repairs, auto repairs, car repairs, motor repairs

198

mechanic, mechanical, mechanical repairs, mechanical services, mechanics

199

clinic, health care, medical centre, medical practice, medical services, medicine, medicine centre, practice, surgery, health, medical, medical clinic, medicine clinic

200

nurses, nursing

201

automobiles, autos, auto sales, cars, car sales, motor group, motors, vehicle

202

moto, motorcycles

203

lawn care, lawnmowing, lawn mowing service, lawns, mow, mowing, mowing service

204

music, music centre, music school

205

natural therapies, natural therapy centre, remedial therapy, therapeutics, therapies, therapy centre, therapy, therapy clinic

206

massage centre, massage therapy, remedial massage, sports massage, therapeutic massage, massage

207

naturopath, naturopathic clinic, naturopathy

208

news, newsagency, newsagent

209

eyewear, optical, optical services, specs, eye, eye clinic

210

optometrists, optometry

211

auto body repairs, body repairs, body shop, body works, crash repairs, dent removal, motor body repairs, panel beating, panels, panel works, smash repairs, detailing

212

concrete pumping, concreting, crete, formwork, concrete, crete service, concrete services, concreting services, crete solution

213

brick paving, pave, paving

214

pest control, pest control services, pest management, pest management service, pest

215

fuel, petrol, petroleum, diesel

216

pets, pet shop

217

chemist, dispensary, drug store, pharmacy

218

photo, photographer, photographics, photography

219

pics, pix, shots, snaps

220

plumbers, plumbing, plumbing contractors, plumbing services, plumbing solutions

221

drainage, drainage services, drain cleaning, draining

222

gasfitter, gasfitting, gas services

223

guttering, gutters

224

pub, tavern

225

bar, lounge, saloon

226

real estate, real estate group, real estate services, realty

227

property group, property investment, property

228

roofing, roofing services, roof repairs, roof restorations, roofing solution

229

movers, relocations, removalists, removals, moving

230

footwear, shoes

231

bedding, mattress, bed

232

deli, delicatessen

233

candy, confectionery, lollies, lolly shop, sweets

234

cabs, taxi, taxi service

235

fone, phones

236

mobile phone, mobiles

237

tobacco, tobacconist

238

holidays, travels, trips, travel service, travel centre

239

touring, tours

240

grass, turf

241

film productions, films, pictures

242

demolition, wreckers

243

Australian, Australia, Aussie, Aus, Aust

244

co, company, coy

245

corp, corporation

246

=, equals

247

no, number

248

conveyancer, conveyancing, settlements, conveyancing services

249

towing, towing services

250

driving, drive, driving school, driving academy

251

dental, denture, dental centre, denture clinic, dental surgery, dental clinic

252

decorating, decorators, decorating services

253

physio, physiotherapy, physiotherapy centre

254

accountants, accounting, accounting services

255

chiropractic centre, chiropractic clinic

256

cooling, refrigeration, air conditioning, refrigeration services, air conditioning services

257

antiques, collectables

258

architects, architecture, drafting, drafting services

259

cleaners, cleaning, cleaning services, cleaning solutions

260

consultancy, consulting, consultants, consultancy services

261

contracting, contractor, contracting services

262

design, designer, design services

263

institute, academy, school, college

264

services, solutions

265

engineering, engineers, engineering services

266

wealth, investment, investment services, wealth solutions

267

tax, taxation, taxation services, tax services

268

distribution, distributors, distribution centre

269

wellbeing, wellness, wellness centre

270

computer, computing, computer services, computer solutions, computing services

271

technology, technology services

272

plaster, plastering, plastering services

273

podiatry, podiatry clinic

274

print, printing, printing services

275

recruitment, employment, employment services, recruitment services

276

farm, farming, farm services

277

security, protection, security services, security solutions, protection services

278

trade, trader, trading

279

education, educational, education centre, education services, educational services

280

veterinary clinic, veterinary centre

281

wholesale, wholesalers

282

Victorian, Victoria, VIC

283

Tasmanian, Tasmania, TAS

284

New South Wales, NSW

285

Queensland, QLD

286

South Australian, South Australia, SA

287

Western Australian, Western Australia, WA

288

Northern Territory, NT

289

Australian Capital Territory, ACT

290

1, one

291

2, two

292

3, three

293

4, four

294

5, five

295

6, six

296

7, seven

297

8, eight

298

9, nine

299

10, ten

Item	Word or expression	Minister
201	Anzac	Minister for Veterans’ Affairs
202	Geneva Cross, Red Crescent, Red Cross, Red Crystal, Red Lion and Sun	Minister for Defence
203	United Nations	Minister for Foreign Affairs
204	University	Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Item	Word or expression	Public authority or agency
301	ADI	APRA
302	authorised deposit‑taking institution	APRA
303	bank	APRA
304	banker	APRA
305	banking	APRA
306	building society	APRA
307	credit society	APRA
308	credit union	APRA
309	friendly society (in relation to the conduct of a financial business)	APRA

	o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md not incorp) = misdescribed amendment	Sdiv = Subdivision(s)
cannot be given effect	SLI = Select Legislative Instrument
mod = modified/modification	SR = Statutory Rules
No. = Number(s)	Sub‑Ch = Sub‑Chapter(s)
	SubPt = Subpart(s)
	underlining = whole or part not
	commenced or to be commenced

Name	Registration	Commencement	Application, saving and transitional provisions
Business Names Registration (Availability of Names) Determination 2015	17 July 2015(F2015L01156)	18 July 2015	—
Treasury Laws Amendment (Miscellaneous Amendments) Instrument 2020	27 November 2020(F2020L01485)	28 November 2020	—
Treasury Laws Amendment (Miscellaneous Amendments No. 1) Instrument 2022	25 November 2022(F2022L01520)	26 November 2022	—

Provision affected	How affected
section 2	rep s48D LA
Schedule 1table item 190Schedule 2Part 1	am F2022L01520am F2020L01485

Item	Restricted word or expression
101	Aboriginal Corporation
102	Aboriginal Council
103	Advance Australia
104	ambulance
105	Australian Made
106	Chamber of Commerce
107	Chamber of Industry
108	Chamber of Manufacturers
109	charitable
110	charity
111	chartered
112	consumer
113	co‑operative
114	executor
115	fiduciary
116	fire brigade
117	friendly society (otherwise than in relation to the conduct of a financial business)
118	futures exchange
119	GST
120	G.S.T.
121	guarantee
122	ICPO (International Criminal Police Organisation)
123	incorporated
124	Interpol
125	Lest We Forget
126	Made in Australia
127	Order of the Eastern Star
128	police
129	policing
130	proprietor
131	R.S.L.
132	RSL
133	securities exchange
134	securities market
135	Starr-Bowkett
136	stock exchange
137	Torres Strait Islander Corporation
138	trading as
139	trust
140	trustee
141	proprietary
142	limited
143	no liability
144	Indigenous Corporation
145	Aboriginal and Torres Strait Islander Corporation
146	Torres Strait Islander and Aboriginal Corporation