Australian Capital Territory Numbered Acts

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ELECTORAL AND ROAD SAFETY LEGISLATION AMENDMENT ACT 2023 (NO. 43 OF 2023) - SECT 13

Objection to continued use of name

Section 95A (1)

substitute

    (1)     This section applies if—

        (a)     the commissioner is satisfied that the name, or an acronym of the name, of a registered party (the "first party")—

              (i)     so nearly resembles the name, or an acronym of the name, of another registered party (the second party ) that it is likely to be confused with or mistaken for that name; or

              (ii)     suggests that the parties—

    (A)     are related; or

    (B)     have a connection or relationship; and

        (b)     the second party was registered later than the first party; and

        (c)     the second party was related to the first party when the second party was registered; and

        (d)     the registered officer of the first party objects in writing to the continued use of the name by the second party; and

        (e)     the commissioner is satisfied that, at the time of the objection—

              (i)     if the name or acronym suggests the parties are related—the parties are not related; or

              (ii)     if the name or acronym suggests the parties have a connection or relationship—the parties do not have that connection or relationship.



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