Associations Incorporation Direction 1999
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Associations Incorporation Direction 1999
Associations Incorporation Direction 1999
I make the following direction under
section 9(1)(b) of the
Associations Incorporation Act 1964
. 2 November 1999 P. PATMORE Minister for Justice and Industrial Relations
1.
Short title
This direction may be cited as the
Associations Incorporation Direction 1999 .
2.
Commencement
This direction takes effect on the day on which its making is notified in the Gazette .
3.
Interpretation
In this direction,
Act
means the
Associations Incorporation Act 1964 .
4.
Certain names not acceptable
(1)
Except with the consent of the Minister, the Commissioner is not to grant to an association a certificate of incorporation under a name of the following kind:
(a) a name that is likely to be confused with or mistaken for
(i) a business name registered under the
Business Names Act 1962 ; or
(ii) the name of a cooperative society registered in Tasmania; or
(iii) the name of another incorporated association;
(b)
[Clause 4 Subclause (1) amended by No. 42 of 2001, Sched. 2, Applied:15 Jul 2001]
a name that is identical to a name that is reserved or registered under the Corporations Act and that appears on an electronic national names register to which the Commissioner has access;
(c) a name that is misleading in relation to any matter relating to the business to be carried on under that name;
(d) a name that is likely to be offensive to members of the public or members of any section of the public;
(e) a name containing any of the following words or phrases, any abbreviation of the following words or phrases or any words, phrases or abbreviation of similar import:
(i) America's Cup;
(ii) Bank;
(iii) Banker;
(iv) Banking;
(v) Building Society;
(vi) Casino;
(vii) Chamber of Commerce;
(viii) Chamber of Manufacturers;
(ix) Chartered;
(x) Cooperative;
(xi) Corporation;
(xii) Credit Union;
(xiii) Executor;
(xiv) Friendly Society;
(xv) Guarantee;
(xvi) Made in Australia;
(xvii) Oxfam;
(xviii) Savings;
(xix) Starr Bowkett;
(xx) Stock Exchange;
(xxi) Trust;
(xxii) Trustee;
(f) a name that, in the context in which it is proposed to be used, is capable of suggesting
(i) connection with a member of the royal family if the connection suggested does not exist; or
(ii) that royal patronage has been received if that is not the case;
(g) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the Crown or the Government of
(i) the Commonwealth of Australia; or
(ii) a State or Territory; or
(iii) any other part of the Queen's dominions, possessions or territories;
(h) a name that includes the word "Commonwealth" or "Federal" ;
(i) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the government of a foreign country;
(j) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with a department, authority or instrumentality of the Government of the Commonwealth of Australia or of a State or Territory or with a municipal or other local authority of a State or Territory;
(k) a name that, in the context in which it is proposed to be used, is capable of suggesting
(i) connection with an ex-service personnel organisation if the connection suggested does not exist; or
(ii) that the members of an organisation are totally or partially incapacitated if that is not the case.
(2)
For the purpose of
subclause (1)(b) , the Commissioner, in determining whether a name is identical to a name that is reserved or registered under the Corporations Law, is to disregard the following:
(a) the use of the definite or indefinite article as the first word in either name;
(b) the use of "Proprietary" , "Pty" , "Limited" , "Ltd" , "No Liability" , "NL" , "Incorporated" or "Inc" in the name of a corporation;
(c) the use of the singular or plural in either name;
(d) the type, size and case of letters;
(e) the size of any number or other character;
(f) the use of any accent, space between letters, number, character or punctuation mark in either name;
(g) the use in either name of any of the following alternative words or expressions:
(i) and; &;
(ii) Australia; Australian; Aust;
(iii) Company; Co; Coy;
(iv) Corporation; Corp;
(v) Number; No;
(vi) Tas; Tasmania; Tassie; Taz; Tazzie.
5.
Revocation
The
Associations Incorporation Direction 1983
is revoked. Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 10 November 1999 This direction is administered in the Department of Justice and Industrial Relations.
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