Business Names Registration (Fees) Regulations 2011

Select Legislative Instrument 2011 No. 213 as amended

made under the

This compilation was prepared on 28 May 2012
taking into account amendments up to  SLI 2012 No. 89

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

                        1      Name of Regulations [see Note 1]                                    3

                        2      Commencement [see Note 1]                                           3

                        3      Definitions                                                                      3

                        4      Prescribed fees                                                              3

Schedule 1                  Fees                                                                               5

Notes                                                                                                            6

1              Name of Regulations [see Note 1]

                These Regulations are the Business Names Registration (Fees) Regulations 2011.

2              Commencement [see Note 1]

                These Regulations commence on the commencement of sections 3 to 7 of the Business Names Registration (Fees) Act 2011.

3              Definitions

                In these Regulations:

Act means the Business Names Registration (Fees) Act 2011.

Register means the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011.

Note   Expressions that are defined in the Business Names Registration Act 2011 have the same meanings in these Regulations (see subsection 3 (2) of the Act). For example:

·      business name

·      entity

·      government body.

4              Prescribed fees

         (1)   For section 4 of the Act, a fee is prescribed for a chargeable matter mentioned in an item in Schedule 1.

         (2)   For paragraph 5 (1) (a) of the Act, the fee for a chargeable matter mentioned in an item in Schedule 1 is the amount mentioned in the item until 1 July 2013.

         (3)   For paragraph 5 (1) (b) of the Act, in a financial year starting on 1 July 2013 or on a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the fee for a chargeable matter is the amount worked out using the formula:

where:

previous indexable amount is the amount of the fee for the chargeable matter that was applicable immediately before that 1 July.

         (4)   In a financial year starting on 1 July 2013 or on a subsequent 1 July, if the latest CPI number is not greater than the earlier CPI number, the fee for a chargeable matter is the amount of the fee for the chargeable matter that was applicable immediately before that 1 July.

         (5)   If, apart from this subregulation, the amount worked out under subregulation (3) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

         (6)   For this regulation:

                (a)    if the Australian Statistician publishes a CPI number for a March quarter in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number must be disregarded; and

               (b)    if the Australian Statistician changes the reference base for the Consumer Price Index, then, after the change is made, regard must be had only to the CPI numbers published using the new reference base.

         (7)   In this regulation:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

earlier CPI number is the CPI number for the March quarter 2 financial years before the relevant financial year begins.

latest CPI number is the CPI number for the last March quarter before the relevant financial year begins.

Schedule 1        Fees

(regulation 4)

Notes to the Business Names Registration (Fees) Regulations 2011

Note 1

The Business Names Registration (Fees) Regulations 2011 (in force under the Business Names Registration (Fees) Act 2011) as shown in this compilation comprise Select Legislative Instrument 2011 No. 213 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments