Australian Capital Territory Repealed Acts

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This legislation has been repealed.

BUSINESS NAMES REGISTRATION (TRANSITION TO COMMONWEALTH) ACT 2012 (REPEALED) - SECT 12

Preservation of rights for cancellation decisions

    (1)     This section applies if, before the change-over day, the registrar-general cancels the registration of a business name under the existing Act

, section 19 (1).

    (2)     Despite the repeal of the existing Act

, section 19 (2), the registrar-general may, not later than 3 months after the change-over day, revoke the cancellation under the existing Act

, section 19 (2).

    (3)     If the registrar-general revokes the cancellation, the registrar-general must notify ASIC of the revocation.

    (4)     If, before the change-over day, a person in relation to whom the business name was registered immediately before the cancellation applied to the Supreme Court for an order under the existing Act

, section 19 (3), the Supreme Court may make an order directing the registrar-general to notify ASIC to restore the registration of the business name on the Commonwealth business names register.

    (5)     Despite the repeal of the existing Act

, a person in relation to whom the business name was registered immediately before the cancellation may, not later than 2 months after the change-over day, apply to the Supreme Court for an order directing the registrar-general to notify ASIC to restore the registration of the business name on the Commonwealth business names register.

    (6)     On application under subsection (5), 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.



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