Government body names

What are they?

Commonwealth, state or territory government bodies can notify us of their name to ensure their name is protected from being registered as a 'business name' by the general public.

Types of government body names that can be notified to us include:

• a state or territory government body name (for example, 'Fair Trading NSW')

• a name that is specified by an Act of a state or territory (or instrument made under the Act) as the name of another entity (for example 'Victoria State Emergency Service')

• a Commonwealth government body name (for example, 'Australian Bureau of Statistics')

• a name that is specified by an Act of the Commonwealth (or instrument made under the Act) as the name of a body (for example 'Australian Competition and Consumer Commission').

Commonwealth, state and territory government bodies are not required to register their name or any name they trade under as a business name, but may still wish to do so under some circumstances.

We will not accept the registration of a business name that is identical or nearly identical to a name of a government body, unless the government body is the business name holder.

How do they influence business names availability?

We maintain a list of government body names and use them when assessing names availability for business name applications.

These checks ensure that proposed business names:

• do not include a government body name as part of the name

• do not suggest a connection to a government body.

Proposed business names that fail these checks will not be registered.

If an existing business name is identified as having a government body name or suggests a connection to one – ASIC has the power to investigate further and if required, cancel the registration of that business name.

 

How to find out if a government body name is on our list

• the name of the government body you represent

• your capacity within the government body

• details of your request, including names you want to have checked.

We will then contact you to discuss your enquiry.
 

How to add a new government body name to our list

You must represent either a Commonwealth, state or territory government body to make a request.

• the name of the government body you represent

• your capacity within the government body

• the name(s) you wish to notify us as being the name of a government body

• reference to the relevant section of the Business Names Registration Act 2011 under which you are making the notification

• details of the relevant Act or instrument that specifies the name as the name of a government body. If the Act or instrument is not available online, attach an electronic copy.

We will then contact you to discuss your request.
 

Protections

Once a name is listed with us as a government body name, it will remain on our protected list until we are notified otherwise or until the name falls outside the legislative provisions.