Business Names Registration (Fees) Regulations 2011
Select Legislative Instrument No. 213, 2011 as amended
made under the
Business Names Registration (Fees) Act 2011
Compilation start date: 1 July 2013
Includes amendments up to: SLI No. 152, 2013
About this compilation
This compilation
This is a compilation of the Business Names Registration (Fees) Regulations 2011 as in force on 1 July 2013. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 20 August 2013.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of Regulations........................................................................... 1
2............ Commencement................................................................................... 1
3............ Definitions.......................................................................................... 1
4............ Prescribed fees.................................................................................... 1
Schedule 1—Fees 4
Endnotes 5
Endnote 1—About the endnotes 5
Endnote 2—Abbreviation key 7
Endnote 3—Legislation history 8
Endnote 4—Amendment history 9
Endnote 5—Uncommenced amendments [none] 10
Endnote 6—Modifications [none] 10
Endnote 7—Misdescribed amendments [none] 10
Endnote 8—Miscellaneous [none] 10
1 Name of Regulations
These Regulations are the Business Names Registration (Fees) Regulations 2011.
2 Commencement
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)
| Item | Chargeable matter | Fee |
| 1 | A new application for registration of a business name to an entity for 1 year | $32 |
| 2 | An application for registration of a business name to an entity for 1 year, other than an application mentioned in item 1 | $32 |
| 3 | A new application for registration of a business name to an entity for 3 years | $74 |
| 4 | An application for registration of a business name to an entity for 3 years, other than an application mentioned in item 3 | $74 |
| 5 | An application by an entity, other than a government body, for an extract of the Register containing only current information relating to only 1 business name | $9 |
| 6 | An application by an entity, other than a government body, for an extract of the Register containing only current information relating to only one entity | $18 |
| 7 | An application by an entity, other than a government body, for an extract of the Register containing current and non‑current information relating to only 1 business name | $17 |
| 8 | An application by an entity, other than a government body, for an extract of the Register containing current and non‑current information relating to only one entity | $34 |
| 9 | An application by a government body for an extract of the Register relating to the business names currently or previously registered to an entity | no fee |
| 10 | If the inspection of a register or the issue or display of a document occurs at a Business Centre of ASIC, in addition to the fee payable under item 5, 6, 7 or 8 | $3 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) | |
| /sub-subparagraph(s) | |
Endnote 3—Legislation history
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 2011 No. 213 | 23 Nov 2011 (see F2011L02408) | 20 Apr 2012 (see r. 2) | |
| 2012 No. 89 | 25 May 2012 (see F2012L01079) | 28 May 2012 | — |
| 152, 2013 | 28 June 2013 (see F2013L01264) | Schedule 1 (items 5–8): 1 July 2013 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r. 3...................................... | am. 2012 No. 89 |
| Schedule 1 | |
| Schedule 1........................... | am. 2012 No. 89; No. 152, 2013 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]