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Business Names Registration (Fees) Act 2011

Authoritative Version
Act No. 128 of 2011 as amended, taking into account amendments up to Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020
An Act to impose, as taxes, fees for things done under the Business Names Registration Act 2011, and for related purposes
Administered by: Treasury
Registered 27 Jun 2022
Start Date 22 Jun 2022
Table of contents.

Commonwealth Coat of Arms of Australia

Business Names Registration (Fees) Act 2011

No. 128, 2011

Compilation No. 1

Compilation date:                              22 June 2022

Includes amendments up to:            Act No. 66, 2020

Registered:                                         27 June 2022

This compilation was rectified to take into account a retrospective amendment made by Act No. 66, 2020 (as amended by Act No. 35, 2022). The original compilation is available in the rectification history on the Federal Register of Legislation.

About this compilation

This compilation

This is a compilation of the Business Names Registration (Fees) Act 2011 that shows the text of the law as amended and in force on 22 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 2

4............ Imposition of fees for chargeable matters............................................ 2

5............ Matters relating to amount of fees....................................................... 2

6............ Different fees for electronic compliance in relation to a chargeable matter                3

7............ Regulations......................................................................................... 3

Endnotes                                                                                                                                      4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8


An Act to impose, as taxes, fees for things done under the Business Names Registration Act 2011, and for related purposes

1  Short title

                   This Act may be cited as the Business Names Registration (Fees) Act 2011.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

3 November 2011

2.  Sections 3 to 7

At the same time as section 3 of the Business Names Registration Act 2011 commences.

20 April 2012

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Definitions

             (1)  In this Act:

chargeable matter means any of the following under the Business Names Registration Act 2011 or the Business Names Registration (Transitional and Consequential Provisions) Act 2011:

                     (a)  a registration of a business name to an entity;

                     (b)  a renewal of the registration of a business name to an entity;

                     (c)  an application by an entity for an extract of the Business Names Register.

             (2)  Other expressions used in this Act that are defined in the Business Names Registration Act 2011 have the same meanings as they have in that Act.

4  Imposition of fees for chargeable matters

             (1)  Subject to section 5, the regulations may prescribe fees for chargeable matters.

             (2)  The fees prescribed by the regulations for chargeable matters are imposed, and are so imposed as taxes.

             (3)  Two or more fees may be prescribed for the same chargeable matter.

5  Matters relating to amount of fees

             (1)  The regulations may prescribe a fee for a chargeable matter:

                     (a)  by specifying an amount (not exceeding $10,000) as the fee; or

                     (b)  by specifying a method for calculating the amount of the fee.

Note:          The limitation in paragraph (a) applies separately to each fee imposed if more than one fee is prescribed for the same chargeable matter (see subsection 4(3)).

             (2)  The fee for a chargeable matter need not bear any relationship to the cost of providing any service that forms part of, or is related to, that matter.

             (3)  The fee, or the sum of the fees, for a chargeable matter must not exceed $50,000.

6  Different fees for electronic compliance in relation to a chargeable matter

                   Without limiting sections 4 and 5, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to whether the matter is complied with by electronic means.

7  Regulations

                   The Governor‑General may make regulations for the purposes of sections 4, 5 and 6.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Business Names Registration (Fees) Act 2011

128, 2011

3 Nov 2011

s 37: 20 Apr 2012 (s 2(1) item 2)
Remainder: 3 Nov 2011 (s 2(1) item 1)

 

Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020

66, 2020

22 June 2020

Sch 1: awaiting commencement (s 2(1) item 2)

Sch 1 (items 2, 3)

as amended by

 

 

 

 

Treasury Laws Amendment (2022 Measures No. 1) Act 2022

35, 2022

9 Aug 2022

Sch 4 (Pt 1, item 1): 21 June 2022 (s 2(1) item 5)
Sch 4 (item 11): 10 Aug 2022 (s 2(1) item 6)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3........................................

am No 66, 2020