Associations Incorporation Direction 1999 (Tas)

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) 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.