Guidelines for ministerial consent-undesirable names-suggesting incapacity

Any business name which suggests members of an organisation are totally or partially incapacitated and those members are not so affected is considered to be undesirable.

Criteria for the assessment of applications

The applicant will need to demonstrate that it provides a service to its members or other members of the community who are totally or partially incapacitated by demonstrating:

(a) support or approval to use the name from a Totally or Partially Incapacitated War Veterans Association (TPI Association)

(b) the business is part of, or has received support or approval to use the name from, a relevant organisation that provides support or service for totally or partially incapacitated persons.

Ministerial consent is not required if the members of the organisation are totally or partially incapacitated.

If a connection to an organisation of Totally or Partially Incapacitated War Veterans or other organisation representing incapacitated members is not demonstrated, consent will normally be granted for such applications if the applicant has demonstrated that there is no real likelihood that members of the public would be misled into believing that the members of the organisation are totally or partially incapacitated.

Further links	Description
Business Names Registration Act 2011	This Act details the legislative framework for business names in Australia.
Business Names Registration (Availability of Names) Determination 2015	This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable.