Clause 12

by deleting subsection (1) and substituting the following subsections:“(1) Except with the consent of the Minister, a company shall not be registered by a name that in the opinion of the Registrar —

is undesirable;

is identical to that of any other company or corporation;

so nearly resembles the name of another company or corporation as to be likely to be mistaken for it; or

is a name of a kind that the Minister has directed the Registrar not to accept for registration.(1A) Notwithstanding anything in this section and section 23, where the Registrar is satisfied that a company has been registered by a name (whether through inadvertence or otherwise and whether originally or by change of name) which —

is identical to that of any other company or corporation; or

so nearly resembles the name of another company or corporation as to be likely to be mistaken for it,the Registrar may direct the first-mentioned company to change its name and the company shall comply with that direction within six weeks after the date of the direction and if the company fails so to comply the company and its officers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars and also to a default penalty.(1B) A company aggrieved by the decision of the Registrar under subsection (1A) may within thirty days of the date of the decision appeal to the Minister whose decision shall be final.”; and

by inserting, immediately after subsection (6), the following subsection:“(6A) A company shall not be registered under subsection (1) of section 16 and the Registrar shall not approve the change of name of a company under subsection (2) of section 23 unless the name which it is proposed to be registered or the proposed new name, as the case may be, has been reserved under subsection (7).”.