Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUSINESS NAMES ACT 1963 (REPEALED) - SECT 19

    (1)     The registrar-general may cancel the registration of a business name—

        (a)     if there is lodged with the registrar-general a statement under section 12 notifying the registrar-general that the person or each of the people in relation to whom the business name is registered has ceased to carry on business in the ACT under the business name and it does not appear from the statement or another statement accompanying the statement that someone else has started to carry on business in the ACT under the business name; or

        (b)     if the registrar-general has sent a notice under section 18 (1) in relation to the business name and the registrar-general is not satisfied within 1 month after the date of the notice that business is being carried on in the ACT under the business name by the person or people in relation to whom the business name is registered; or

        (c)     if the registrar-general has sent a notice under section 18 (2) and within 1 month after the date of the notice the provision of section 12 to which the notice relates has not been complied with or the registrar-general is not satisfied that there was no failure to comply with the provision; or

        (d)     if the business name is registered in relation to a corporation only and the corporation is deregistered under the Corporations Act or dissolved.

    (2)     The registrar-general may, on any grounds that the registrar-general considers sufficient, revoke any cancellation by the registrar-general of the registration of a business name and, in that event, the business name is taken to have continued to be registered as if the registration had not been cancelled.

    (3)     If the registration of a business name has been cancelled under this section, a person in relation to whom the business name was registered immediately before the cancellation may apply to the Supreme Court for an order directing the registrar-general to restore the registration of the business name.

    (4)     On an application under subsection (3), the Supreme Court may, if it is satisfied that the applicant is carrying on business under the business name and that it is just and equitable so to do, make the order applied for on the conditions the court considers appropriate.

    (5)     On the making of an order by the Supreme Court under subsection (4), the business name is taken to have continued to be registered as if the registration had not been cancelled and the registrar-general, on the lodging with the registrar-general of a sealed or stamped copy of the order, must make the entries and alterations in the register that the registrar-general considers necessary for the order.