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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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