Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) If a business name is registered under this Act and a change happens—
(a) that makes the description of the nature of the business lodged with the registrar-general insufficient to disclose the true nature of the business; or
(b) in relation to the place or places in the ACT where business is carried on under the business name or in the address of any such place; or
(c) in the registered particulars relating to the resident agent of the person or people in relation to whom the name is registered;
there must be lodged with the registrar-general, within 14 days after the change happens (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, signed by the person or 1 of the people in relation to whom the name is registered at the time of the change, notifying the registrar-general of particulars of and of the date of the change.
Note 1 A fee may be determined under s 32 (Determination of fees) for this section.
Note 2 If a form is approved under s 33 (Approved forms) for a statement, the form must be used.
(2) If the proper name or proper address of a person in relation to whom a business name is registered under this Act changes, a statement must be lodged with the registrar-general, not later than 14 days after the day the change happens (or any longer period that the registrar-general allows before the end of the 14-day period), that—
(a) is signed by the person; and
(b) tells the registrar-general the changed name or address and the date it changed.
(3) If a business name is registered under this Act in relation to a person or people and the person, or all or any of the them, ceases to carry on business in the ACT under the business name, there must be lodged with the registrar-general, within 14 days after the cessation (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, notifying the registrar-general of the cessation and of the date of the cessation, signed by each person who was carrying on business under the business name immediately before the cessation or, for a deceased person, by his or her personal representative.
(4) If, immediately after a cessation mentioned in subsection (3), the person or each of the people carrying on business under the business name is not resident in the ACT or does not have a fixed address in the ACT, the statement mentioned in that subsection must—
(a) include the name and address of a person resident in the ACT who, in relation to the carrying on of business under the business name—
(i) has consented in writing to be the resident agent of the person or each of the people for this Act; and
(ii) is authorised in writing by the person or each of them to accept service on behalf of the person of any notices for this Act and of any process; and
(b) be signed by the person who has consented to be the resident agent.
(5) If a business name is registered under this Act in relation to a person or people and someone else commences to carry on business in the ACT under the business name in place of or in association with anyone in relation to whom the name is already registered, there must be lodged with the registrar-general, within 14 days after the commencement (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, notifying the registrar-general of the commencement and of the date of the commencement, signed by each person carrying on business under the business name immediately after the commencement and setting out, in relation to each person required to sign the statement, the person's proper name and proper address and, if the person is a child, a statement to that effect and the person's date of birth.
(6) If, immediately after a commencement mentioned in subsection (5), the person or each of the people carrying on business under the business name is not resident in the ACT or does not have a fixed address in the ACT, the statement mentioned in that subsection must—
(a) include the name and address of a person resident in the ACT who, in relation to the carrying on of business under the business name—
(i) has consented in writing to be the resident agent of the person or each of the people for this Act; and
(ii) is authorised in writing by the person or each of them to accept service on behalf of the person of any notices for this Act and of any process; and
(b) in addition, be signed by the person who has consented to be the resident agent.
(7) If, while a person is the resident agent of the person or people in relation to whom a business name is registered under this Act, the person or any of the people in relation to whom the name is registered commences to reside in the ACT or acquires a fixed address in the ACT, there must be lodged with the registrar-general, within 14 days after the person commences to reside in the ACT or acquires a fixed address in the ACT (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, signed by the person or 1 of the people in relation to whom the business name is registered—
(a) notifying the registrar-general that the person appointed to be the resident agent of the person or people in relation to whom the business name is registered has ceased to be the resident agent; and
(b) setting out the name of the person or each of the people in relation to whom the business name is registered who has commenced to reside in the ACT or has acquired a fixed address in the ACT, and the usual place of residence or fixed address of the person.
(8) If, while a person is the resident agent of the person or people in relation to whom a business name is registered under this Act, another person commences or other people commence to carry on business in the ACT under the business name in place of or in association with anyone in relation to whom the business name is already registered and the other person or any of the other people resides in the ACT or has a fixed address in the ACT, there must be lodged with the registrar-general, within 14 days after the commencement (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, signed by the person or 1 of the people carrying on business under the business name after the commencement—
(a) notifying the registrar-general that the person appointed the resident agent of the person or people in relation to whom the business name was registered immediately before the commencement has ceased to be the resident agent; and
(b) setting out the name of the other person or each of the other people who resides in the ACT or has a fixed address in the ACT, and the usual place of residence or fixed address of the person.
(9) If a business name is registered under this Act and a person appointed the resident agent of the person or people in relation to whom the name is registered ceases to reside in the ACT or ceases to be the resident agent of the person or those people, there must be lodged with the registrar-general, within 14 days after the cessation (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, notifying the registrar-general of the name and address of another person resident in the ACT who is appointed to be the resident agent of the person or people in relation to whom the business name is registered, and of the date of the appointment—
(a) signed by the person or 1 of the people in relation to whom the name is registered and by the person appointed; and
(b) showing that the person appointed, in relation to the carrying on of business under the business name—
(i) has consented in writing to be the resident agent of the person or each of the people for this Act; and
(ii) is authorised in writing by the person or each of them to accept service on behalf of the person of any notices for this Act and of any process.
(10) If a business name is registered under this Act and the person or each of the people in relation to whom the name is registered ceases to reside in the ACT or to have a fixed address in the ACT, there must be lodged with the registrar-general, within 14 days after the person or each of them has ceases to reside in the ACT or to have a fixed address in the ACT (or any longer period that the registrar-general allows before the end of the 14-day period), a statement, notifying the registrar-general of the name and address of another person resident in the ACT who is appointed to be the resident agent of the person or people in relation to whom the name is registered, and of the date of the appointment—
(a) signed by the person or 1 of the people in relation to whom the name is registered and by the person appointed; and
(b) showing that the person appointed, in relation to the carrying on of business under the business name—
(i) has consented in writing to be the resident agent of the person or each of the people for this Act; and
(ii) is authorised in writing by the person or each of them to accept service on behalf of the person of any notices for this Act and of any process.