ASSOCIATIONS INCORPORATION ACT 1991 - SECT 37 Reservation of names
ASSOCIATIONS INCORPORATION ACT 1991 - SECT 37
Reservation of names(1) An authorised applicant may lodge with the registrar-general an application for the reservation of the name specified in the application as—
(a) the name of a proposed association in relation to which an application for incorporation is to be lodged; or
(b) the name of an association that intends to apply for incorporation; or
(c) the name of a new association within the meaning of division 3.3; or
(d) the new name that an incorporated association has resolved to apply for approval to adopt under section 38 (1).
Note If a form is approved under s 126 (Approved forms) for an application, the form must be used.
(2) If—
(a) the registrar-general is satisfied that an application is made in good faith; and
(b) the name specified in the application is available for reservation;
the registrar-general must reserve the name, for the period of 4 months beginning on the date when the application was lodged, for the association or proposed association to which the application relates.
(3) As soon as practicable after making a decision in relation to an application for the reservation of a name, the registrar-general must, by notice in writing to the applicant, tell the applicant of that decision.
(4) The reservation of a name for an association, proposed association or incorporated association does not of itself entitle the association or proposed association to be incorporated under the reserved name, or entitle the incorporated association to change its name to the reserved name.
(5) For subsection (2) (b), a name is taken to be available for reservation for an association or proposed association unless it is—
(a) a name that is, in the opinion of the registrar-general, undesirable; or
(b) a name or a name of a kind stated by the Minister in writing for this paragraph; or
(c) a business name registered under the Business Names Registration Act 2011
(Cwlth); or
(d) the name of an incorporated association; or
(e) reserved for another association or proposed association; or
(f) a name that so closely resembles a name referred to in paragraph (d) or (e) as to be likely to be mistaken for it.
(6) An instrument under subsection (5) (b) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(7) If the registrar-general refuses to reserve a name or a name of a kind referred to in subsection (5) (a), (b) or (f) for an association or proposed association, the authorised applicant may apply to the Minister for consent to the reservation of the name for the association or proposed association and, if the Minister gives that consent, the name is, for subsection (2) (b), taken to be available for reservation.
(8) In this section:
"authorised applicant", in relation to an association or proposed association, means—
(a) an authorised person; or
(b) for a new association within the meaning of division 3.3—a person authorised for subsection (1) by the amalgamating associations; or
(c) for an incorporated association that has resolved to apply to the registrar-general for approval to adopt a new name—the public officer of the association.