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Business Names Registration Act 2011
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Administered by
Department of the Treasury
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C2024C00173 (C07)
22 May 2024
-
13 October 2024
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Part 1—Preliminary
Division 1—Introduction
1 Short title
2 Commencement
Division 2—Definitions
3 Dictionary
4 Business
5 Entities
6 Notified State/Territory registers
6A Meaning of Registrar
Division 3—Constitutional basis and application of this Act and the Transitional Act
7 Constitutional basis for this Act and the Transitional Act
8 Meaning of referring/adopting State
9 Meaning of referred business names matter
10 General application of this Act and the Transitional Act
11 Government bodies not liable to prosecution
Division 4—Interaction between business names legislation and State and Territory laws
12 Concurrent operation intended
13 When business names legislation does not apply
14 Avoiding direct inconsistency between Commonwealth and State and Territory laws
15 Regulations to deal with interaction between laws
Division 5—Objects of this Act and consequences of registration
16 Objects of this Act
17 Consequences of registration of a business name
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Part 2—Offences relating to business names
18 Offence—carrying on a business under an unregistered business name
19 Offence—must include business name in written communications
20 Offence—must display business name at places open to public
21 Offence—carrying on a business under a business name while disqualified
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Part 3—Registering a business name
22 The Business Names Register
23 Application to register a business name
24 Decision to register a business name to an entity
25 Is a business name available to an entity?
26 Identical or nearly identical names
27 Undesirable names
28 Restricted words and expressions
29 Priority
30 Refusal for failure to pay registration fee on time
31 Consent applications
32 Disqualified entities
33 Steps taken by ASIC to register a business name to an entity
34 Refusal to register
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Part 4—Obligations to give information to ASIC
35 Notifying changes—entity that gives information to ASIC
36 Obligation to notify ASIC if entity becomes disqualified
37 Obligation to give ASIC information if requested
38 Notifying ASIC of bankruptcy, insolvency etc.
39 Notifying ASIC of appointment of a legal personal representative
40 Notification by successor in relation to a deceased estate
41 Federal Court may order information be given to ASIC
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Part 5—Cancelling the registration of a business name
42 Cancellation—request by entity to whom business name is registered
43 Cancellation—ASIC becomes aware of matter that would have affected registration decision
44 Cancellation—entity is disqualified
45 Cancellation—Ministerial determination revoked
46 Cancellation—failure to satisfy a condition of registration
47 Cancellation—entity not carrying on a business under the business name
48 Cancellation—failure to provide information
49 Cancellation—registration has expired
50 Cancellation—entity to whom business name registered ceases to exist
51 Cancellation—business name used in infringement of trade mark
52 Notification of cancellation of business name
53 Notice requirements in relation to partnerships, unincorporated associations, trusts and joint ventures
54 Business name held during review period for cancellation decision
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Part 6—Renewing the registration of a business name
55 Application to renew registration
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Part 7—Review
56 Reviewable decisions
57 Internal review of certain decisions
58 Administrative review of certain decisions
59 Payment of registration fee if business name to be registered as result of review
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Part 8—Accessing the Business Names Register
60 Access to certain information in the Business Names Register by request
61 Certain information to be publicly available
62 Certain information to be made available to government bodies
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Part 9—Administration
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Division 1—Matters relating to handling records and information
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Subdivision A—The Registrar
62A Appointment of the Registrar
62B Functions
62C Powers
62D Directions by Minister
62E Delegation
62F Assisted decision making
62G Liability for damages
Subdivision B—How the Registrar is to perform and exercise functions and powers
62H Data standards
62J Giving information to the Registrar
62K How the Registrar is to perform and exercise functions and powers
Subdivision C—Disclosure of information
62L Disclosure framework
62M Protection of confidentiality of protected information
62N Authorisation of recording or disclosure
62P Preventing disclosure of particular protected information
62Q Authorisation for purposes of Privacy Act
62R Disclosure to a court
Subdivision D—Miscellaneous
62S Extracts of information to be admissible in evidence
62T Annual report
62U Rules
Division 2—Miscellaneous
63 ASIC’s functions and powers
64 Directions by Minister
65 Arrangements with States and Territories
66 ASIC may arrange for use of computer programs to make decisions
67 Forms for documents to be lodged with ASIC
68 Manner in which documents to be lodged with ASIC
69 ASIC may refuse to receive document etc.
70 Fees are payable to ASIC on behalf of the Commonwealth
71 When is an application fee fully paid?
72 Waiver and refund of fees
73 Address for receipt of notices
74 ASIC may destroy or dispose of certain documents
75 ASIC may issue formal warning
76 Interaction with Australian Business Register
77 Protection of confidentiality of information
78 Liability for damages
79 Delegation
80 Minister may delegate prescribed functions and powers under this Act
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Part 10—General
81 Application of this Act to partnerships
82 Principal contact of a partnership
83 Application of this Act to unincorporated associations and bodies
84 Principal contact of an unincorporated association or body
85 Application of this Act to a trust with 2 or more trustees
86 Principal contact of a trust
87 Joint ventures
89 Entities that have ceased to exist
90 Regulations
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Schedule 1—Notified State/Territory registers
1 New South Wales
2 Victoria
3 Queensland
4 Western Australia
5 South Australia
6 Tasmania
7 Australian Capital Territory
8 Northern Territory
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
