Guidelines for ministerial consent-restricted words and expressions-chamber of commerce or manufacturers or industry
'Chamber of Commerce', 'Chamber of Manufacturers' and 'Chamber of Industry' are restricted expressions under Part 1 of Schedule 2 of the Names Determination.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the expressions ‘Chamber of Commerce’, ‘Chamber of Manufacturers’ or ‘Chamber of Industry’, or words or expressions having a similar meaning, in a proposed business name, will need to demonstrate:
(a) the applicant is a ‘genuine’ Chamber of Commerce, Chamber of Manufacturers or Chamber of Industry, demonstrated by:
(i) one of its primary objects is to promote trade and commerce in the region that it proposes to cover
(ii) the entity acts as a unified voice for its affiliates/members
(iii) the entity represents a large number of business organisations and individuals
(iv) the entity maintains a (large) staff
(v) the entity engages in a broad spectrum of activities relating to the promotion of trade, commerce and industry
(b) the applicant’s constitution or charter precludes the payment of a dividend or any other pecuniary benefit to the applicant’s members (i.e. the applicant has a non-profit objective).
An application will not be rejected simply because another organisation has broadly similar objectives.
In relation to any application, ASIC may consult with:
(a) any relevant State or Territory Chambers of Commerce, Industry or Manufacturers as applicable
(b) the Australian Chamber of Commerce and Industry (ACCI) and keep ACCI informed about the processing of all applications for the use of the expressions ‘Chamber of Commerce’ and ‘Chamber of Manufacturers’ and 'Chamber of Industry'.
In the case of an international or bilateral application, ASIC may consult with the Department of Foreign Affairs and Trade (DFAT). DFAT will assess whether it would be undesirable for consent to be granted to the application. DFAT will have regard to any adverse commercial, economic or legal impact upon Australia that would be likely to result if consent were to be granted.
This Act details the legislative framework for business names in Australia.
This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable.