Guidelines for ministerial consent-undesirable names-government

A business name is considered undesirable if it suggests a connection with government (i.e. any of the bodies or people listed at (a) to (i) and (n) of Part 3 of the Names Determination), unless the connection does exist or, if the word 'Commonwealth' or 'Federal' is included in the business name, the word is only used in a geographical context.

A connection with government would normally be demonstrated by written evidence from the relevant Government or department, authority or instrumentality of the relevant Government or other person or organisation detailing the connection. A Ministerial consent is not required if the connection has been demonstrated.

Criteria for the assessment of applications

Consent will normally be granted for such applications if:

(a) the applicant establishes there is support or approval from the relevant government or body to use the name

(b) the applicant is a non-profit organisation that has support or approval from the Commonwealth Government.

However, where a proposed business name:

(a) suggests a connection with government that does not exist

(b) there is no support or approval from the relevant government or body

the applicant will need to demonstrate that there is no real likelihood that members of the public will be misled into believing that there is such a connection.

Further links


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.

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Last updated: 30/04/2014 12:00