Guidelines for ministerial consent-restricted words and expressions
Schedule 2 of the Names Determination lists restricted words and expressions that are, subject to exceptions provided for in section 9 of the Names Determination, unable to be used in a business name unless consent has been obtained from the relevant Minister.
- Restricted words or expression as part of a group of characters
- Categories of restricted words and expressions
- How to apply for consent to use Part 1 restricted words and expressions
- How to apply for consent to use Part 2 restricted words and expressions
- How to apply for consent to use Part 3 restricted words and expressions
- Review of decisions
Restricted words or expression as part of a group of characters
If a business name is identified as including a restricted word as part of a group of characters and:
(a) that group of characters is a word in itself, then it is not considered to contain a restricted word
(b) that group of characters is not a word (for example - contained in the Macquarie dictionary), and any pronunciation of the business name would result in the restricted word being pronounced, then it is considered to contain a restricted word.
An example which would not require Ministerial consent is the business name 'Angst'. 'GST' is part of the word 'angst'.
An example which would require Ministerial consent is the business name 'Chocolateinc'. 'Inc' is included in a group of characters. One pronunciation of the business name could be 'Chocolate Inc', therefore consent will be required for the use of 'Inc'.
Categories of restricted words and expressions
The Names Determination lists three categories of restricted words and expressions:
Part 2 - restricted words and expressions requiring the consent of other Ministers
How to apply for consent to use Part 1 restricted words and expressions
Certain senior ASIC officers have been authorised by the Minister, being the Parliamentary Secretary to the Treasurer, to grant consent to the use of restricted words and expressions listed in Part 1 of Schedule 2 of the Names Determination.
You need to apply to us in writing, demonstrating how you meet the relevant criteria as detailed in the Guidelines below.
Guidelines for the use in business names of the word ‘Co operative’
Guidelines for the use in business names of the expressions 'Lest we Forget', 'R.S.L.' or 'RSL'
Guidelines for the use in business names of the word ‘Consumer’
Guidelines for the use in business names of the words ‘Executor’ and ‘Fiduciary’
Guidelines for the use in business names of the word or expression 'Ambulance' and 'Fire Brigade'
Guidelines for the use in business names of the word ‘Guarantee’
Guidelines for the use in business names of the word ‘Incorporated’
Guidelines for the use in business names of the words 'Trust' and 'Trustee'
Guidelines for the use in business names of the word 'G.S.T.' or 'GST'
Guidelines for the use in business names of the expression ‘Order of the Eastern Star’
Guidelines for the use in business names of the expression ‘Trading as’ and ‘Proprietor’
Guidelines for the use in business names of the word ‘Chartered’
Guidelines for the use in business names of the words 'Charity' and 'Charitable'
Guidelines for the use in business names of the words 'Proprietary', 'Limited' or 'No Liability'
Your application, together with any supporting documentation, should be emailed to BN.Reviews@asic.gov.au.
How to apply for consent to use Part 2 restricted words and expressions
You need to apply in writing to the relevant Minister, as specified below.
| Restricted word | Relevant minister |
| Anzac |
Requires the consent of the Minister for Veterans' Affairs. Visit the Department of Veterans' Affairs website. |
| Geneva Cross, Red Crescent, Red Cross, Red Crystal, Red Lion and Sun |
Requires the consent of the Minister for Defence. Visit the Department of Defence website. |
| United Nations |
Requires the consent of the Minister for Foreign Affairs. Visit the Department of Foreign Affairs and Trade website. |
| University |
Requires the consent of the Minister for Education. Visit the Department of Education website to view the guidelines for the use of the word ‘university’ in a business name and download an application to use the word ‘university’ in a business name. |
When you have obtained written consent from the relevant Minister, you need to email a copy of the consent to BN.Reviews@asic.gov.au.
How to apply for consent to use Part 3 restricted words and expressions
You need to apply in writing to the Australian Prudential Regulatory Authority (APRA) for their consent. Your application will need to provide reasons why consent to use the restricted word or expression is appropriate in your circumstances, and any supporting documentation. Refer to www.apra.gov.au.
When you have obtained written consent from APRA, you need to email a copy of the consent to BN.Reviews@asic.gov.au.
Review of decisions
A decision made by an Authorised ASIC Officer in relation to applications for Ministerial consent to the use of otherwise undesirable names (sections 27(2) of the Registration Act), is reviewable by the Minister and the Minister's decision is reviewable by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.
Decisions made by the Authorised ASIC Officer in relation to applications for consent to the use of words or expressions that are otherwise restricted (section 9(1) and (2) of the Names Determination) are not reviewable under the Registration Act.