Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 3 Reservation of names
15 Application for reservation of name
(1) An application for reservation of a name may be made to the Secretary by an association or by an applicant for registration as an association.(2) An application for reservation of a name:(a) must be in the approved form, and(b) must specify the name to be reserved, and(c) must be accompanied by the fee prescribed by the regulations.(3) The application may nominate alternative names (not exceeding the maximum number prescribed by the regulations) and indicate the order in which they are to be considered.
16 Decision on application
(1) The Secretary may determine an application for reservation of a name by reserving the name or by refusing the application.(2) An application for reservation of a name may be refused:(a) if each of the nominated names is unacceptable, or(b) if the Secretary is satisfied that the application has been made for an improper purpose.(3) Unless each of the nominated names is unacceptable, the reserved name is to be the first of the nominated names that is not unacceptable.
17 Duration of reservation of name
Reservation of a name expires at the end of the period of 3 months after the name is reserved or, if an application for registration of an association or for a change in an association’s name is made within that period, when the application is determined.
18 Unacceptable names
(1) For the purposes of this Act, a name is unacceptable if:(a) it does not include, at the end of the name, the word “Incorporated” or the abbreviation “Inc”, or(b) it contains foreign language characters, or(c) it includes the word “police” or “sheriff”, unless its use is the subject of a consent in force under section 204B of the Police Act 1990 or section 12 of the Sheriff Act 2005, or(d) the Secretary is of the opinion:(i) that it is identical to, or closely resembles, some other name that is registered, that is reserved or that is the subject of an earlier application for reservation, and(ii) that the public would be likely to be misled if associations operated under both names, or(e) the Secretary is of the opinion that it suggests a connection with the Crown or the State, or(f) the Secretary is of the opinion that it is offensive or undesirable, or(g) it is declared by the regulations to be unacceptable.(2) A name is not unacceptable on a ground referred to in subsection (1) (e), (f) or (g) if, in a particular case, the Minister directs that the name is acceptable.