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Business Names Registration (Fees) Regulations 2011

Authoritative Version
SLI 2011 No. 213 Regulations as amended, taking into account amendments up to Treasury Laws Amendment (ASIC Cost Recovery and Fees) Regulations 2019
Administered by: Treasury
Registered 18 Jul 2019
Start Date 01 Jul 2019
Table of contents.

iCommonwealth Coat of Arms of Australia

Business Names Registration (Fees) Regulations 2011

Select Legislative Instrument No. 213, 2011

made under the

Business Names Registration (Fees) Act 2011

Compilation No. 3

Compilation date:                              1 July 2019

Includes amendments up to:            F2019L00390

Registered:                                         18 July 2019

 

About this compilation

This compilation

This is a compilation of the Business Names Registration (Fees) Regulations 2011 that shows the text of the law as amended and in force on 1 July 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............ Name of Regulations........................................................................... 1

3............ Definitions.......................................................................................... 1

4............ Prescribed fees.................................................................................... 1

Schedule 1—Fees                                                                                                             3

Endnotes                                                                                                                                      4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  5

Endnote 3—Legislation history                                                                               6

Endnote 4—Amendment history                                                                             7

 


 

 

1  Name of Regulations

                   These Regulations are the Business Names Registration (Fees) Regulations 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 1Fees

(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 or journalist, 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 or journalist, 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 or journalist, 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 or journalist, 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 or journalist 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 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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in 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

 

Number and year

Registration

Commencement

Application, saving and transitional provisions

213, 2011

23 Nov 2011 (F2011L02408)

20 Apr 2012 (r 2)

 

89, 2012

25 May 2012 (F2012L01079)

28 May 2012

152, 2013

28 June 2013 (F2013L01264)

Sch 1 (items 5–8): 1 July 2013

 

Name

Registration

Commencement

Application, saving and transitional provisions

Treasury Laws Amendment (ASIC Cost Recovery and Fees) Regulations 2019

25 Mar 2019 (F2019L00390)

Sch 2 (item 6): 1 July 2019 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.............................................

rep LA s 48D

r 3.............................................

am No 89, 2012

Schedule 1

 

Schedule 1................................

am No 89, 2012; No 152, 2013; F2019L00390