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There are certain words that cannot be used in a business name or require Ministerial consent to be used in a business name. See listing below (as extracted from SA Government Gazettes.)
Note: The information provided on this sheet is of a general nature only and should not be regarded as a substitute for professional advice and/or reference to the appropriate legislation.
To apply for a business name which uses a restricted word, a letter must be written outlining the reasons why you believe the Minister should approve the proposed name. An additional fee (see business names fee schedule) must accompany this letter and be forwarded to the Office of Consumer and Business Affairs.
- Names that are likely to be offensive to members of the public.
- Names containing the words: 'Trust', 'Trustee', 'Chamber of Commerce', 'Chamber of Manufacturers', 'Chartered', 'Stock Exchange', 'Guarantee', 'Building Society', 'Made in Australia', 'Proprietary', 'Unlimited', 'Corporation', 'Incorporated', 'Executor', 'Order of St John', 'Credit Union', 'Friendly Society', 'Consumer', 'Savings', 'University', 'College of Advanced Education' or 'Institute of Advanced Education', 'Co-operative' or 'Institute of Vocational Education'.
- Names containing the word 'Foundation' or any abbreviation thereof which in the context in which it is used is capable of suggesting connection with an endowed institution when that connection does not exist.
(1) Names containing:
(a) (i) a word or an abbreviation of a word contained in an item in either column 1 or column 2 of the scheule below and one or more words or abbreviations of words contained in column 3 in the schedule below.
(ii) the word '24th', 'Twenty fourth' or 'XXIVth' and the word 'Olympic' or 'Olympics' or 'Games'; or
(iii) the word '27th', 'Twenty-Seventh' or 'XXVIIth' and the word 'Olympiad'; or
(iv) the phrase 'Share the Spirit'; or
(v) the word 'Sydney' and the number '2000' or the words 'Two Thousand'; or
(vi) the word 'Gold' and the number '2000' or the words 'Two Thousand'; or
(vii) the word 'Games' and the number '2000' or the words 'Two Thousand'; or
(viii) the phrase 'Games City'; or
(ix) the phrase 'Summer Games'; or
(x) the phrase 'Sydeny Games'; or
(xi) the phrase 'Millennium Games'; or
(xii) the phrase 'Gold Games'.
(b) a word or an abbreviation of a word contained in column 1 or column 2 which, in the context in which it is proposed to be used, suggests a connection with the Summer Games of the Twenty Seventh Olympiad to be conducted under the auspices of the International Olympic Committee ('Sydney Olympic Games'), or the Paralympic Games to be held in Sydney in the year 2000 and conducted under the auspices of the International Paralympic Committtee ('Sydney Paralympic Games'); or
(c) in the context in which it is proposed to be used, otherwise suggests a connection with the Sydney Olympic Games or the Sydney Paralympic Games.
The Schedule
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Olympic | Paralympic | City |
| Olympics | Paralympics | Gold |
| Olympiad | Paralympian | Games |
| Olympian | Millennium | |
| Summer | ||
| Sydney | ||
| Two Thousand | ||
| 2000 | ||
(2) Subparagraphs (1) (b) and (1) (c) do not apply where the relevant authority has consented in wirting to the use of the proposed name. The 'relevant authority' means:
(a) in relation to a name that suggests a connection with the Summer Games of the Twenty-Seventh Olympiad-the Sydney Organising Committee for the Olmpic Games; or
(b) in relation to a name that suggests a connection with the Paralympic Games to be held in Sydney in the year 2000-the Sydney Paralympic Organising Committee Limited.
- Names containing the words 'bank', 'banker' or 'banking' or any word alike.
- Names suggesting connection with the Royal Family when the connection does not exist or that Royal Patronage has been received when this is not the case.
- Names suggesting connection with the Crown, the Government of the Commonwealth of Australia or of a State or Territory, or any other part of the Queen's dominions, possessions or territories.
- Names containing the words 'Commonwealth' or 'Federal'.
- Names suggesting connection with the Government of a foreign country.
- Names 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.
- Names suggesting connection with the ex-servicemen's organisations when the connection does not exists or the members of an organisation are totally or partially incapacitated when this is not the case.
- Names suggesting connection to the United Nations or of any other prescribed international organisation.
- Names suggesting connection with 'Anzac' or any word that resembles 'Anzac'.
- Names suggesting connection with the armed forces of Australia.
- Names suggesting connection with the Scout Association or the name of any local branch of the Association or any name implying that any other society or body is the Association or a branch of the Association.
- Names suggesting connection with the Australian Bicentennial Authority or an abbreviation of the name of the Authority.
- Names containing or words resembling designations such as 'Red Cross', 'Geneva Cross', 'Red Crescent' or 'Red Lion and Sun'.
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