Section 26. Availability of name

1. A name is available if it is not—

   • undesirable or unacceptable;

   • identical to an existing company, corporation or business;

   • identical to a name that is being reserved under this Act; or

   • a name of a kind that the Minister has directed the Registrar not to accept for registration.

2. The Registrar shall have the power to determine whether a name referred to in paragraph (1)(a), (b) or (c) is undesirable, unacceptable or identical, as the case may be.

3. The Registrar shall publish in the Gazette any direction referred to in paragraph (1)(d).