Attachment C: Guidelines for the assessment of applications for consent to the use of the words 'Commonwealth' Or 'Federal' in business or association names

There is a long-standing arrangement for the States and Territories to consult with the Commonwealth about applications under State and Territory business names legislation or associations incorporation legislation to use the word 'Commonwealth' or 'Federal' in a business or association name.

Consent will normally be granted to the use of the word 'Commonwealth' or 'Federal' in business or association names:

1. where the name as a whole indicates clearly that the body is not connected with the Commonwealth Government;
2. where the applicant is a Commonwealth Government business enterprise;
3. here the applicant is a business enterprise that is a wholly-owned subsidiary within an existing Australian group that is already using comparable business an/or company names, provided that:
   1. the group was using the name in Australia prior to the proclamation of the Companies Act 1981; and
   2. the proposed name varies from an existing group name only by the addition or substitution of a geographical or functional description;
4. where a new business name is being registered to continue, for goodwill purposes, the name of an existing company which is in the process of being wound up as part of a group restructuring;
5. where the applicant is a non-profit organisation which is connected with or receives support from the Commonwealth Government; or
6. where the word is used in a geographical context.

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