Restricted words and expressions in business names
Certain words and expressions are restricted from use in business names, for example, because they may mislead consumers.
ASIC cannot register a business name that includes a restricted word or expression unless the applicant has first obtained consent from the relevant portfolio Minister, or the Minister’s Delegate, to be allowed to use it in a business name.
The words and expressions that are restricted in business names are set out in Schedule 2 of the Business Names Registration (Availability of Names) Determination 2015 (the Names Determination).
This restriction also applies to:
Words or expressions that have the same or a similar meaning,
Abbreviations of restricted words or expressions, and
A restricted word that is embedded in a name.
Where a business name includes a restricted word as part of a group of characters, it may also require consent. For example, the name 'Southbank Cafe' contains ‘Bank’, which is a restricted word.
There are three categories of restricted words and expressions, each with a different application process. Refer to the relevant parts below for details on how to apply for consent.
Part 1: Restricted words and expressions
The words and expressions in the following table are restricted under Part 1 of Schedule 2 of the Names Determination.
Certain senior officers of ASIC have been authorised by the Minister to approve consent to use restricted words and expressions in a business name.
If you wish to apply for consent to use a restricted word or expression in a business name, you should first check that you satisfy the criteria set out in the Guidelines. You can view the full Guidelines through the link above, or use the expand the tabs below to view the criteria relevant to a particular word or expression.
How to apply
When you are ready to apply for consent, email your letter of application together with any supporting documents that demonstrate how the relevant criteria have been satisfied to ASIC at bn.reviews@asic.gov.au.
We expect your application to include:
your name and contact details
the name and ABN of the proposed holder of the business name
the business name you propose to register
the criteria that applies to your application, e.g. state if your application is made under criterion (d) of the guidelines to use the restricted word Trust in a business name
an explanation detailing how the relevant criteria is or will be satisfied, and
supporting documents where applicable, e.g. a copy of the trust deed if you apply on the basis that you are the trustee of a trust.
‘Aboriginal Corporation’, ‘Aboriginal Council’ and ‘Torres Strait Islander Corporation’ are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Aboriginal and Torres Strait Islander Councils and Corporations are established or registered under Commonwealth or State legislation such as:
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self Management) Act 1978 (Commonwealth).
The Office of the Registrar of Indigenous Corporations (ORIC) requires that entities registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 include the words 'Aboriginal Corporation' in the name.
Applications for registration of business names including ‘Aboriginal Corporation’, ‘Aboriginal Council’ and ‘Torres Strait Islander Corporation’ are to be referred to the ORIC.
Criteria for the assessment of applications
Consent to the use of these expressions in a business name will not be given unless approval has been received from ORIC, and the applicant provides that consent to ASIC in its application.
‘Advance Australia’, ‘Made in Australia’ and ‘Australian Made’ are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Since 1999, the Australian Made, Australian Grown campaign has been administered by Australian Made Campaign Limited, a not-for-profit public company set up by its foundation members, the Australian Chamber of Commerce and Industry and the network of State and Territory chambers. The Commonwealth Government is responsible for the legislation and policy associated with origin labelling and the Australian Made, Australian Grown campaign. The Department of Industry is responsible for the Australian Made, Australian Grown campaign, and does not allow any entities to use these restricted words apart from specific entities administering the campaign.
Criteria for the assessment of applications
Before consenting to the use of the expressions ‘Advance Australia’, ‘Made in Australia’ or ‘Australian Made’, or words or expressions having a similar meaning in a business name, ASIC must seek the views of the Australian Made, Australian Grown campaign, the Department of Industry or any other relevant Government department that promotes Australian goods and services.
Applicants seeking Ministerial consent to the use of the expressions 'Advance Australia’, ‘Made in Australia’ or ‘Australian Made’, or words or expressions having a similar meaning in a proposed business name will need to demonstrate that the business has a direct connection with an official Government program encouraging the purchase of Australian made goods and services. Membership of the program or use of an Australian Made, Australian Grown logo or branding is not sufficient to establish a connection.
'Ambulance' and 'Fire Brigade' are restricted words or expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use in a proposed business name of the words ‘ambulance’ or ‘fire brigade’ will need to demonstrate:
the business has a connection to, or a contract with, the Commonwealth or State (or any department, authority or agency of the Commonwealth or State) to provide an ambulance or fire brigade service; or
the name conveys an accurate impression about the nature of a product or service that the business offers, and does not suggest a connection with any department, authority or agency of the Commonwealth or State that provides an ambulance or fire brigade service.
ASIC may consult with any relevant Commonwealth, State or Local Government emergency services department.
'Chamber of Commerce', 'Chamber of Manufacturers' and 'Chamber of Industry' are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the expressions ‘Chamber of Commerce’, ‘Chamber of Manufacturers’ or ‘Chamber of Industry’, or words or expressions having a similar meaning, in a proposed business name, will need to demonstrate:
the applicant is a ‘genuine’ Chamber of Commerce, Chamber of Manufacturers or Chamber of Industry, demonstrated by:
one of its primary objects is to promote trade and commerce in the region that it proposes to cover
the entity acts as a unified voice for its affiliates/members
the entity represents a large number of business organisations and individuals
the entity maintains a (large) staff
the entity engages in a broad spectrum of activities relating to the promotion of trade, commerce and industry
the applicant’s constitution or charter precludes the payment of a dividend or any other pecuniary benefit to the applicant’s members (i.e. the applicant has a non-profit objective).
An application will not be rejected simply because another organisation has broadly similar objectives.
In relation to any application, ASIC may consult with:
any relevant State or Territory Chambers of Commerce, Industry or Manufacturers as applicable
the Australian Chamber of Commerce and Industry (ACCI) and keep ACCI informed about the processing of all applications for the use of the expressions ‘Chamber of Commerce’ and ‘Chamber of Manufacturers’ and 'Chamber of Industry'.
In the case of an international or bilateral application, ASIC may consult with the Department of Foreign Affairs and Trade (DFAT). DFAT will assess whether it would be undesirable for consent to be granted to the application. DFAT will have regard to any adverse commercial, economic or legal impact upon Australia that would be likely to result if consent were to be granted.
'Charity' and 'charitable' are restricted words under Part 1 of Schedule 2 of the Names Determination.
'Charity' and 'charitable' are defined in the Charities Act 2013. An entity (which is not an individual, a political party or a government entity) is a charity if the entity is a not-for-profit entity and the purposes of the entity are charitable purposes for the public benefit.
Any of the following purposes are charitable purposes - advancing health, advancing education, advancing social or public welfare, advancing religion, advancing culture, promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia, promoting or protecting human rights, advancing the security or safety of Australia or the Australian public, preventing or relieving the suffering of animals, advancing the natural environment.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word 'charity' or 'charitable' in a proposed business name will need to demonstrate:
the applicant is a charity. This may be demonstrated by reference to the applicant's governing rules, its activities, registration with the Australian Charities and Not-for-profits Commission (ACNC) and other documentation
the applicant is endorsed by a charity and the context in which the word 'charity' or 'charitable' is used in the name is not likely to mislead members of the public about the nature of the entity's activities
the context in which the word 'charity' or 'charitable' is used in the name is not likely to mislead members of the public into believing that the entity is a charity or is connected with a charity.
‘Chartered’ is a restricted word under Part 1 of Schedule 2 of the Names Determination.
'Chartered' is a term commonly associated with entities created under Royal Charter, such as the Institute of Chartered Accountants in Australia.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of 'chartered' in a proposed business name will need to demonstrate:
that the entity has been created by, or is closely related or affiliated to, an entity created under Royal Charter (whether in Australia or elsewhere)
the context in which the word 'Chartered' is used in the name is not likely to mislead members of the public into believing the entity has been created by or is closely related or affiliated to an entity created under Royal Charter.
In the case where an applicant seeks consent to use the expression 'Chartered Accountant' or 'Chartered Accountants', ASIC may consult with the Institute of Chartered Accountants in Australia (ICAA). Where ASIC does consult with the ICAA, ASIC is not required to accept the views of ICAA.
‘Consumer’ is a restricted word under Part 1 of the Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word ‘Consumer’ in a proposed business name will need to demonstrate:
the business is formed, or is to be formed, for a purpose of representing, protecting, promoting or benefiting consumer interests
the use of the word ‘Consumer’ in the name of the business reflects the purpose for which the business is to be established and is not likely to mislead members of the public into believing that the business is associated with any Government, consumer association or public interest body.
'Co-operative' is a restricted word under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word ‘Co-operative’ or the abbreviation ‘Co-op’ in a proposed business name, notwithstanding that the business is not expressly required to use these words in its business name, will need to demonstrate:
the word ‘Co-operative’ or the abbreviation ‘Co-op’ is permitted to be included in the business name because of the State or Territory co-operative societies' legislation under which the entity is incorporated or registered
the business name is to be held by an entity that is required or permitted to use, or related to an entity that is required or permitted to use, ‘Co-operative’ or ‘Co-op’ in its name
the context in which the word ‘Co-operative’ or the abbreviation ‘Co-op’ is used in the name is not likely to mislead members of the public into believing that the entity is registered under co-operative societies' legislation (e.g. the co operative research centres established by joint venture agreements between the Commonwealth and industry).
An applicant seeking to use the word 'Co-operative' or the abbreviation 'Co-op' under criteria (a) or (b) will need to provide evidence of the registration of the applicant, or the related entity, under the relevant State or Territory co-operative societies legislation.
Applicants that are applying to use the word 'Co-operative' or the abbreviation Co-op' in their business name under criterion (c) will need to demonstrate (explain, give reasons, provide evidence) that there is no real likelihood that members of the public would be misled into believing that the entity is incorporated under co-operative societies legislation or otherwise entitled under legislation to use the word 'Co-operative' or the abbreviation 'Co-op' in their name.
‘Executor’ and ‘Fiduciary’ are restricted words under Part 1 of Schedule 2 of the Names Determination.
Criteria for the Assessment of Applications
Applicants seeking Ministerial consent to the use in a proposed business name of the word ‘Executor’ or ‘Fiduciary’, or a word having a similar meaning, will need to demonstrate:
the applicant is authorised by State or Territory legislation to act as an executor or administrator of estates or as a fiduciary
the applicant is a foreign company under the Corporations Act 2001 and authorised by legislation of its place of incorporation to act as an executor or administrator of estates or as a fiduciary
the applicant is a foreign company under the Corporations Act 2001 and its name is so well known in its place of origin that it would be inequitable to refuse it registration
it is clear from the context in which the words are used in a business name that there is no suggestion that the business is or will be acting as an executor or administrator of estates, or acting as a fiduciary or providing fiduciary services.
'G.S.T' and 'GST' are restricted abbreviations under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the abbreviations ‘G.S.T.’ or ‘GST’ or words having a similar meaning in a proposed business name will need to demonstrate:
the business has a connection with an official Government program dealing with the Goods and Services Tax (GST)
the abbreviation ‘GST’ in the name describes accurately the applicant's business that is the giving of advice on the GST
the name as a whole indicates clearly that the entity is not connected with, or provide products or services related to, the Goods and Services Tax (GST).
‘Guarantee’ is a restricted word under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word ‘guarantee’, or a word having similar meaning (for example, warranty) in a proposed business name will need to demonstrate:
the name conveys the sense of a guarantee of one entity by another, and such guarantee does in fact exist
the name conveys an accurate impression about the nature of a product or service that the business offers.
‘Incorporated’ is a restricted word under Part 1 of Schedule 2 of the Names Determination.
Criteria for the Assessment of Applications
Applicants seeking Ministerial consent to the use of the word ‘incorporated’, or the abbreviation 'Inc', in a proposed business name, notwithstanding that the business is not required to use the name under State or Territory law, or the law of a foreign jurisdiction, will need to demonstrate:
the word is permitted to be included in the name because of the legislation under which the applicant is incorporated or registered
the applicant is related to another entity that is required or permitted to use those words in its name
the context in which the word 'Incorporated' or the abbreviation 'Inc' is used in the name is not likely to mislead members of the public into believing that the entity is registered under legislation requiring the name of the entity to include 'Incorporated' as part of the name or to use an abbreviation of 'Incorporated', such as 'Inc', in the name.
An applicant seeking to use the word ‘Incorporated’, or the abbreviation 'Inc' under criterion (a) or (b) will need to provide evidence of the registration of (i) the applicant or (ii) the related entity (as applicable) that is required or permitted to use the words 'Incorporated' or 'Inc' in its name.
An applicant seeking to use the word 'Incorporated', or the abbreviation 'Inc', under criterion (c) will need to demonstrate (explain, give reasons, provide evidence) that there is no real likelihood that members of the public would be misled into believing that the entity is an incorporated body or otherwise entitled under legislation to use the word 'Incorporated' or the abbreviation 'Inc'.
‘Lest we Forget’, ‘R.S.L.’ and ‘RSL’ are restricted words or expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the abbreviation ‘R.S.L.’ or ‘RSL’ in a proposed business name will need to demonstrate:
there is a valid connection with the Returned and Services League. The validity of the connection may be clear on the face of the application, or apparent from the text of the applicant’s constituent documents
the name as a whole indicates clearly that the entity is not connected with the Returned Services League.
Applicants seeking Ministerial consent to the use of the expression 'Lest We Forget' will need to demonstrate a connection to an entity that preserves the history, reverence and/or remembrance of World War 1 involving Australian defence forces.
Where appropriate, ASIC may consult with the Commonwealth Department responsible for Veterans Affairs.
‘Order of the Eastern Star’ is a restricted expression under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of 'Order of the Eastern Star’ in a proposed business name will need to provide written confirmation from the Order of the Eastern Star that the Order does not oppose the applicant’s registration of the business name.
'Police', 'Policing', 'International Criminal Police Organisation' ('ICPO') and 'Interpol' are restricted words or expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the Assessment of Applications
Applicants seeking Ministerial consent to the use of the words or expressions ‘police’, ‘policing’, ‘International Criminal Police Organisation (ICPO)’ or ‘Interpol’, or words or expressions having a similar meaning in a proposed business name, will need to demonstrate:
the name as a whole indicates clearly that the entity is not connected with any police force or
the applicant is a business enterprise owned or operated by a State, Territory or Commonwealth Government or
the applicant is a business enterprise owned or operated by ICPO, Interpol or their respective governing bodies or
the proposed business name suggests a connection with one or more police forces, and the relevant police forces, and also the Commonwealth Attorney-General’s Department, have been consulted.
When considering an application for consent under (d), ASIC must consult and obtain the views of the relevant body and the Commonwealth Attorney-General's Department but is not obliged to accept the views given by any relevant body or the Commonwealth Attorney-General's Department.
'Proprietary', 'Limited' and 'No Liability' are restricted words under Part 1 of Schedule 2 of the Names Determination.
The use of the words 'Proprietary', 'Limited' or 'No Liability', or their abbreviations 'Pty', 'Ltd' or 'NL', in a business name may mislead members of the public into believing they are dealing with a company registered under the Corporations Act 2001, a limited partnership or an incorporated association when this is not the case.
Criteria for the Assessment of Applications
Applicants seeking Ministerial consent to the use of the words 'Proprietary', 'Limited' or 'No Liability' in a proposed business name will need to demonstrate:
the words 'Proprietary', 'Limited' or 'No Liability', or their abbreviations, are permitted to be included in the business name because of the legislation under which the entity is incorporated or registered; or
the context in which the words 'Proprietary', 'Limited' or 'No Liability', or their abbreviations, are used is not likely to mislead members of the public into believing the business name is a body that is registered under the Corporations Act 2001.
An applicant seeking to use the words 'Proprietary', 'Limited' or 'No Liability', or their abbreviations, will need to provide evidence that the entity is required or permitted to use the word in its name.
'Starr-Bowkett' and 'Friendly Society' are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Use of the expression 'Friendly Society’ (in relation to the conduct of a financial business) is restricted under Part 3 of Schedule 2 of the Names Determination, and use of the expression in a business name requires consent from the Australian Prudential Regulatory Authority (APRA).
Starr-Bowkett societies are an old form of building society, their object is to provide loans to assist shareholders buy or build homes. They are regulated under State and Territory legislation, and are permitted to use the expression 'Starr-Bowkett' under the law under which they were incorporated or registered.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the expressions ‘Starr Bowkett’ or ‘Friendly Society’ (not in relation to the conduct of a financial business) or words having a similar meaning in a proposed business name will need to demonstrate:
the business is permitted under State or Territory legislation to use those words in carrying on business
the business is related to another business that is required or permitted to use similar words in its name
the relevant regulatory authorities in the jurisdictions where the applicant proposes to operate have consented to the use of these words in the applicant’s proposed name.
When considering an application for consent to the use of the expression 'Friendly Society', ASIC must obtain the consent of APRA.
When considering an application for consent to the use of the expression 'Starr Bowkett', ASIC may consult and obtain the views of APRA.
‘Stock Exchange’, ‘Securities Exchange’, ‘Securities Market’ and ‘Futures Exchange’ are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the expressions ‘Stock Exchange’, ‘Securities Exchange’, ‘Securities Market’ and ‘Futures Exchange’, or words having a similar meaning, in a proposed business name will need to demonstrate:
the Commonwealth Minister has granted a market licence in relation to the entity, or exempted the entity from the operation of Part 7.2 of the Corporations Act 2001
if it is clear from the context in which the words are used in a business name that there is no suggestion that the business is or will be acting as a stock exchange, securities exchange, securities market and futures market. An example of this would be ‘Stock Exchange Hotel’ or ‘Stock Exchange Newsagency’.
'Trust' and 'trustee' are restricted words under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word ‘Trust’ or ‘Trustee’, or words having a similar meaning, in a proposed business name, will need to demonstrate:
the applicant is authorised by Commonwealth, State or Territory trustee legislation to act as an executor or administrator of estates
the applicant is authorised by special purpose legislation to perform trustee functions (e.g. the Uniting Church in Australia (Australian Capital Territory) Property Trust, a body corporate established under the Uniting Church in Australia Ordinance 1977)
the applicant is an administrator of a public or charitable trust i.e. a trust for the advancement of education, religion, the relief of poverty or other purposes beneficial to the community
the applicant is a trustee of a trust or a superannuation fund. This may be demonstrated by reference to trust deeds, registration with APRA and other documentation
the applicant is a foreign company and its name is so well known in its place of origin (whether generally or within a particular industry) that it would be inequitable to refuse it registration
the context in which the word 'trust' or 'trustee' is used in the name is not likely to mislead members of the public about the nature of the entity or that the entity is authorised to act as an executor or administrator of estates or trusts.
‘Trading as’ and ‘proprietor’ are restricted words and expressions under Part 1 of Schedule 2 of the Names Determination.
The term 'trading as' may imply that an entity is trading under an alternative name to the registered entity. To include 'trading as' in a name may suggest to the public that the words preceding or subsequent to 'trading as' are the registered entity when this may not be the case. A registered business name is the trading name i.e. if Joe Smith is trading as 'Flying Flowers', then the registered business name is 'Flying Flowers', not 'Joe Smith trading as Flying Flowers'.
The word 'proprietor' is defined as the legal owner of a business entity. To include 'proprietor' in a name may suggest to the public that the words preceding or subsequent to 'proprietor' is the name of the legal owner of the business name when this may not be the case.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of ‘trading as’ or ‘proprietor’ in a proposed business name will need to demonstrate that the name will not mislead consumers dealing with the entity about:
the type of entity (e.g. the nature of the entity's registration or incorporation, including any words or expressions required to be used as part of the entity's name) or
the nature of the entity’s activities.
Part 2: Restricted words and expressions
The following table lists the words and expressions that are restricted under Part 2 of Schedule 2 of the Names Determination.
If you wish to apply for consent to use a Part 2 restricted word or expression, apply in writing to the relevant Minister, as set out in the table below.
Once you receive written consent from the relevant Minister, email a copy of the consent to BN.Reviews@asic.gov.au.
Requires the consent of the Minister for Veterans' Affairs.
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 to download an application form.
Part 3: Restricted words and expressions
The words and expressions in the following list are restricted under Part 3 of Schedule 2 of the Names Determination.
ADI
Authorised deposit-taking institution
Bank
Banker
Banking
Building society
Credit society
Credit union
Friendly society (in relation to the conduct of a financial business)
Apply in writing to the Australian Prudential Regulation Authority (APRA) for their consent. Your application to APRA 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 the APRA website for more information.
Once you receive written consent from APRA, email a copy of the consent to BN.Reviews@asic.gov.au.
Specific name restrictions in other legislation
Other Commonwealth legislation also prohibits the use of words that suggest a connection with certain business without the consent of the responsible Commonwealth portfolio Minister. For example, the Defence Regulation 2016 prohibits the use of words such as ‘Navy’ or ‘Defence Force’ in connection with a trade, business, calling or profession.
When we register a business name, we are not required to consider all other specific name restrictions. However, where a proposed business name includes a word restricted by other Commonwealth legislation, we may consider the name to be undesirable if it suggests a connection with Government that does not exist. In such cases the applicant may apply for Ministerial consent to use the name. For more information, see other laws impacting business names.
Review of decisions
A decision made by an Authorised ASIC Officer in relation to an application for Ministerial consent to the use of an otherwise undesirable name (section 27(2) of the Act), is reviewable by the Minister and the Minister's decision is reviewable by the Administrative Review Tribunal, under the Administrative Review Tribunal Act 2024.
Decision made by an 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 Act.
