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This is a Bill, not an Act. For current law, see the Acts databases.
BUSINESS NAMES REGISTRATION (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Business Names Registration
(Transitional and Consequential
Provisions) Bill 2011
No. , 2011
(Innovation, Industry, Science and Research)
A Bill for an Act to deal with transitional and
consequential matters in connection with the
Business Names Registration Act 2011, and for
related purposes
i Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No.
, 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
4 Dictionary
..........................................................................................
2
Schedule 1--Transitional provisions
5
Part 1--Business names registered on change-over day
5
Part 2--Business names held on change-over day to resolve
outstanding matters
9
Part 3--Entities disqualified on registration under this Act
13
Part 4--Information-gathering for transitional purposes
15
Part 5--Distinguishing grandfathered business names that are
identical or nearly identical
19
Part 6--Aligning registration periods
22
Part 7--Other obligations to give information to ASIC
23
Part 8--Preserving exemptions and protecting information
25
Part 9--Review
26
Part 10--Miscellaneous
29
Schedule 2--Consequential amendments
31
Part 1--Amendments commencing on change-over day
31
A New Tax System (Australian Business Number) Act 1999
31
ANL Act 1956
31
Australian Securities and Investments Commission Act 2001
31
Bank Integration Act 1991
32
Corporations (Aboriginal and Torres Strait Islander) Act 2006
33
Corporations Act 2001
33
Defence Service Homes Act 1918
34
Financial Transaction Reports Act 1988
34
Olympic Insignia Protection Act 1987
35
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 ii
Qantas Sale Act 1992
35
Wine Australia Corporation Act 1980
35
Part 2--Amendment commencing on first anniversary of
change-over day
36
A New Tax System (Australian Business Number) Act 1999
36
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 1
A Bill for an Act to deal with transitional and
1
consequential matters in connection with the
2
Business Names Registration Act 2011, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Business Names Registration
7
(Transitional and Consequential Provisions) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Section 4
At the same time as section 3 of the Business
Names Registration Act 2011 commences.
3. Schedule 1
At the same time as section 3 of the Business
Names Registration Act 2011 commences.
4. Schedule 2,
Part 1
At the same time as section 3 of the Business
Names Registration Act 2011 commences.
5. Schedule 2,
Part 2
On the first anniversary of the
commencement of Part 2 of the Business
Names Registration Act 2011.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
4 Dictionary
15
(1) In this Act:
16
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 3
Business Names Registration Act means the Business Names
1
Registration Act 2011, and includes instruments made under that
2
Act.
3
change-over day means the day on which Part 2 of the Business
4
Names Registration Act commences.
5
person responsible for registration in a State or Territory means:
6
(a) in the case of New South Wales--the Director-General as
7
defined for the purposes of the Business Names Act 2002 of
8
New South Wales; and
9
(b) in the case of Victoria--the Director within the meaning of
10
the Fair Trading Act 1999 of Victoria; and
11
(c) in the case of Queensland--a registrar of business names
12
under the Business Names Act 1962 of Queensland; and
13
(d) in the case of Western Australia--the person for the time
14
being designated as the Commissioner under section 4AA of
15
the Business Names Act 1962 of Western Australia; and
16
(e) in the case of South Australia--the Corporate Affairs
17
Commission of South Australia established by Part 13 of the
18
Companies Act 1962 of South Australia; and
19
(f) in the case of Tasmania--the Commissioner for Corporate
20
Affairs holding office under section 4 of the Commissioner
21
for Corporate Affairs Act 1980 of Tasmania, and includes
22
any person holding that office in an acting capacity; and
23
(g) in the case of the Australian Capital Territory--the
24
Registrar-General under the Registrar-General Act 1993 of
25
the Australian Capital Territory; and
26
(h) in the case of the Northern Territory--the person holding or
27
occupying the office of Commissioner of Consumer Affairs
28
under the Consumer Affairs and Fair Trading Act of the
29
Northern Territory.
30
registration law, in relation to a State or Territory, means:
31
(a) in the case of New South Wales--the Business Names Act
32
2002 of New South Wales; and
33
(b) in the case of Victoria--the Business Names Act 1962 of
34
Victoria; and
35
(c) in the case of Queensland--the Business Names Act 1962 of
36
Queensland; and
37
4 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(d) in the case of Western Australia--the Business Names Act
1
1962 of Western Australia; and
2
(e) in the case of South Australia--the Business Names Act 1996
3
of South Australia; and
4
(f) in the case of Tasmania--the Business Names Act 1962 of
5
Tasmania; and
6
(g) in the case of the Australian Capital Territory--the Business
7
Names Act 1963 of the Australian Capital Territory; and
8
(h) in the case of the Northern Territory--the Business Names
9
Act 2007 of the Northern Territory.
10
this Act includes instruments made under this Act.
11
(2) An expression, other than this Act, that is defined in the Business
12
Names Registration Act has the same meaning in this Act as in
13
that.
14
15
Transitional provisions Schedule 1
Business names registered on change-over day Part 1
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 5
Schedule 1--Transitional provisions
1
Part 1--Business names registered on change-over
2
day
3
1 Application of this Part
4
(1)
This Part applies if a referring/adopting State or an affected Territory
5
notifies ASIC in accordance with subitems (2) and (3) that:
6
(a) a business name is registered under the registration law of the
7
State or Territory in relation to a person; and
8
(b) the business name is to be registered on the Business Names
9
Register.
10
(2)
The notification must be given:
11
(a) in electronic form, or any other form agreed on by the State
12
or Territory and ASIC; and
13
(b) before the change-over day.
14
(3)
The notification must:
15
(a) include details of the person; and
16
(b) state the period for which the business name is registered in
17
relation to the person under the registration law of the State
18
or Territory; and
19
(c) if the business name is also registered by the State or
20
Territory in relation to other persons:
21
(i) include details of those other persons; and
22
(ii) state the period for which the business name is
23
registered in relation to each of those persons under the
24
registration law of the State or Territory.
25
(4)
A State or Territory satisfies the requirement in subitem (3) if the State
26
or Territory gives ASIC an electronic copy of the register of business
27
names maintained by the State or Territory under the registration law of
28
the State or Territory.
29
2 Business names registered in relation to a person trading
30
alone before the change-over day
31
(1)
This item applies if:
32
Schedule 1 Transitional provisions
Part 1 Business names registered on change-over day
6 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(a) ASIC is given notification in relation to a business name and
1
a person under item 1; and
2
(b) the person carries on, or intends to carry on, a business alone
3
under the business name (rather than in association with other
4
persons).
5
(2)
On the change-over day, ASIC must register the business name to the
6
person by entering in the Business Names Register:
7
(a) details sufficient to identify the person including the person's
8
ABN (if ASIC has that information); and
9
(b) the business name; and
10
(c) the address of each principal place of business of which
11
ASIC is aware; and
12
(d) each address for service of documents of which ASIC is
13
aware; and
14
(e) the period for which the business name is registered.
15
(3)
The period for which the business name is registered is the period:
16
(a) beginning at the start of the change-over day; and
17
(b) ending on the last day on which registration of the business
18
name in relation to the person would have expired under the
19
registration law of a referring/adopting State or an affected
20
Territory in which the business name was registered in
21
relation to the person immediately before the change-over
22
day.
23
(4)
The Business Names Register may include any other details prescribed
24
in relation to registrations under this item.
25
3 Business names registered in relation to a group of
26
persons before the change-over day
27
(1)
This item applies if:
28
(a) ASIC is given notification in relation to a business name and
29
a person under item 1; and
30
(b) the person carries on a business, or intends to carry on a
31
business, under the name in association with one or more
32
other persons.
33
(2)
On the change-over day, ASIC must register the business name to:
34
Transitional provisions Schedule 1
Business names registered on change-over day Part 1
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 7
(a) if the group of persons carrying on the business, or intending
1
to carry on the business, has formed an entity to do so--the
2
entity; or
3
(b) if the group of persons carrying on the business, or intending
4
to carry on the business, has not formed an entity to do so--
5
the group of persons.
6
(3)
If the business name is registered to a group of persons under
7
paragraph (2)(b):
8
(a) each of those persons is a joint venture entity for the
9
purposes of section 87 of the Business Names Registration
10
Act; and
11
(b) the group is a joint venture for the purposes of section 87 of
12
the Business Names Registration Act.
13
Note:
Section 87 of the Business Names Registration Act sets out rules for treating joint
14
ventures in the same way as entities.
15
(4)
ASIC registers the business name by entering in the Business Names
16
Register:
17
(a) details sufficient to identify the entity or group of persons,
18
including (if ASIC has the information):
19
(i) in a case where the business name is registered under
20
paragraph (2)(a)--the entity's ABN; and
21
(ii) in a case where the business name is registered under
22
paragraph (2)(b)--the ABN of each person within the
23
group; and
24
(b) the business name; and
25
(c) the address of each principal place of business of which
26
ASIC is aware; and
27
(d) each address for service of documents of which ASIC is
28
aware; and
29
(e) the period for which the business name is registered.
30
(5)
The period for which the business name is registered is the period:
31
(a) beginning at the start of the change-over day; and
32
(b) ending on the last day on which registration of the business
33
name to any member of the entity or group would have
34
expired under the registration law of a referring/adopting
35
State or an affected Territory in which the business name was
36
Schedule 1 Transitional provisions
Part 1 Business names registered on change-over day
8 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
registered in relation to the member immediately before the
1
change-over day.
2
(6)
The Business Names Register may include any other details prescribed
3
in relation to registrations under this item.
4
5
Transitional provisions Schedule 1
Business names held on change-over day to resolve outstanding matters Part 2
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 9
Part 2--Business names held on change-over day to
1
resolve outstanding matters
2
4 Application
3
(1)
This Part applies if:
4
(a) a referring/adopting State or an affected Territory notifies
5
ASIC in accordance with subitem (2) that a business name is
6
to be held; and
7
(b) the notification that the name is to be held is given for the
8
purposes of resolving outstanding matters under the law of
9
the State or Territory.
10
(2)
The notification must be given:
11
(a) in electronic form; and
12
(b) before the change-over day.
13
5 Business name held during grace period for renewal
14
(1)
ASIC must hold the business name until the business name is registered
15
under item 7 or ASIC ceases to hold the business name under item 8 or
16
9.
17
(2)
An entity does not commit an offence under Part 2 of the Business
18
Names Registration Act while the business name is held under
19
subitem (1).
20
6 State or Territory may notify ASIC that registration required
21
(1)
Item 7 applies if a State or Territory that has given ASIC notification
22
under item 4 notifies ASIC in accordance with subitems (2) and (3) that
23
the business name is to be registered on the Business Names Register.
24
(2)
The notification must be given in electronic form.
25
(3)
The notification must:
26
(a)
either:
27
(i) where a business is carried on, or is intended to be
28
carried on, under the business name by a person alone--
29
give details of that person; or
30
Schedule 1 Transitional provisions
Part 2 Business names held on change-over day to resolve outstanding matters
10 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(ii) where a business is carried on, or is intended to be
1
carried on, under the business name by a group of
2
persons--give details of each of those persons; and
3
(b) nominate the period for which the business name is to be
4
registered.
5
7 Registration
6
(1)
ASIC must register the business name:
7
(a) in a case where a business is carried on, or is intended to be
8
carried on, under the business name by a person alone--to
9
the person; or
10
(b) in a case where a business is carried on, or is intended to be
11
carried on, under the business name by a group of persons:
12
(i) if the group of persons has formed an entity to do so--
13
to the entity; or
14
(ii) if the group of persons has not formed an entity to do
15
so--to the group of persons.
16
(2)
If the business name is registered to a group of persons under
17
subparagraph (1)(b)(ii):
18
(a) each of those persons is a joint venture entity for the
19
purposes of section 87 of the Business Names Registration
20
Act; and
21
(b) the group is a joint venture for the purposes of section 87 of
22
the Business Names Registration Act.
23
Note:
Section 87 of the Business Names Registration Act sets out rules for treating joint
24
ventures in the same way as entities.
25
(3)
ASIC registers the business name by entering in the Business Names
26
Register:
27
(a) details sufficient to identify the entity or group of persons to
28
whom the business name is registered, including (if ASIC has
29
the information):
30
(i) in a case where the business name is registered under
31
paragraph (1)(a)--the person's ABN; and
32
(ii) in a case where the business name is registered under
33
subparagraph (1)(b)(i)--the entity's ABN; and
34
(iii) in a case where the business name is registered under
35
subparagraph (1)(b)(ii)--the ABN of each person within
36
the group; and
37
Transitional provisions Schedule 1
Business names held on change-over day to resolve outstanding matters Part 2
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 11
(b) the business name; and
1
(c) the address of each principal place of business of which
2
ASIC is aware; and
3
(d) each address for service of documents of which ASIC is
4
aware; and
5
(e) the period for which the business name is registered.
6
(4)
The period for which the business name is registered is the period
7
nominated by the State or Territory under paragraph 6(3)(b).
8
(5)
If a business name is registered as a result of a notice given under
9
item 6 after the period of 4 months beginning on the change-over day
10
has elapsed, ASIC must notify the entity to whom the business name is
11
registered (including a group of persons that is treated as an entity
12
because it is a joint venture for the purposes of section 87 of the
13
Business Names Registration Act) in writing of the registration.
14
(6)
This item does not apply if, because of:
15
(a) a previous application of this item; or
16
(b) another provision of this Act; or
17
(c) a provision of the Business Names Registration Act;
18
the business name is already registered to the entity to whom it would
19
be registered under this item (including a group of persons that is
20
treated as an entity because it is a joint venture for the purposes of
21
section 87 of the Business Names Registration Act).
22
8 ASIC must cease to hold name if given notice by all
23
relevant States and Territories
24
(1)
If all of the States and Territories who have given ASIC notification
25
under item 4 to hold a business name give ASIC notification in
26
accordance with subitem (2) that ASIC is to cease to hold the business
27
name, ASIC must cease to hold the business name.
28
(2)
The notification must be given in electronic form.
29
9 ASIC may request update on names held
30
(1)
ASIC may, by notice in accordance with subitem (2), request each State
31
or Territory that has given ASIC notification under item 4 in relation to
32
a business name to inform ASIC whether the business name should
33
continue to be held for the purposes of resolving outstanding matters.
34
Schedule 1 Transitional provisions
Part 2 Business names held on change-over day to resolve outstanding matters
12 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(2)
A notice under subitem (1):
1
(a) must be given in electronic form; and
2
(b) may be given no earlier than 3 months after the change-over
3
day.
4
(3)
The notice may nominate a period of no less than 28 days (beginning on
5
the day on which the notice is given) within which the State or Territory
6
should give the information to ASIC.
7
(4)
ASIC may cease to hold the business name if none of the States or
8
Territories to whom notice is given under subitem (1) inform ASIC
9
electronically within the nominated period for that State or Territory
10
that ASIC is to continue to hold the business name.
11
(5)
To avoid doubt, ASIC may exercise its powers in relation to a business
12
name under this item more than once.
13
(6)
If ASIC ceases to hold a business name, it must notify the State or
14
Territory of that fact.
15
10 Regulations for the purposes of resolving outstanding
16
matters
17
(1)
The Governor-General may make regulations to deal with business
18
names in relation to which outstanding matters under the law of a State
19
or Territory are to be resolved.
20
(2)
To avoid doubt, regulations made under subitem (1) must not direct a
21
State or Territory on how outstanding matters are to be resolved.
22
(3)
Without limiting subitem (1), this Act and the Business Names
23
Registration Act have effect subject to any modifications made by the
24
regulations to deal with business names in relation to which outstanding
25
matters under the law of a State or Territory are to be resolved.
26
(4)
In this item:
27
modifications include additions, omissions and substitutions.
28
Transitional provisions Schedule 1
Entities disqualified on registration under this Act Part 3
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 13
Part 3--Entities disqualified on registration under
1
this Act
2
11 Entities disqualified on registration under this Act
3
(1)
An entity to whom a business name is registered under this Act must
4
notify ASIC if the entity is disqualified on the day on which it is
5
registered (the registration day).
6
(2) The
notice:
7
(a) must be in the prescribed form; and
8
(b) must be lodged in the prescribed manner; and
9
(c) must be lodged within a period of 28 days beginning on:
10
(i) where the business name is registered under item 2 or
11
3--the change-over day; or
12
(ii) where the business name is registered under another
13
item--on the day on which notice of the registration is
14
given to the entity by ASIC under that item.
15
(3)
If a business name is registered to an entity under this Act, but the entity
16
is disqualified on the registration day:
17
(a) section 21 of the Business Names Registration Act does not
18
apply in relation to that disqualification; and
19
(b) section 44 of the Business Names Registration Act does not
20
apply in relation to that disqualification.
21
(4)
The Minister may determine in writing that the registration of the
22
business name to the entity is to be cancelled, if the Minister is satisfied
23
that, because of:
24
(a) the seriousness of an offence on the basis of which the entity
25
is disqualified; or
26
(b) the number of offences on the basis of which the entity is
27
disqualified;
28
allowing the entity to carry on a business under a business name poses a
29
serious risk to consumers.
30
(5)
The Minister must not make a determination under subitem (4) if:
31
(a) in a case where the business name was registered under a
32
registration law of a referring/adopting State or an affected
33
Territory in relation to a person who carried on a business
34
alone under the name (rather than in association with other
35
Schedule 1 Transitional provisions
Part 3 Entities disqualified on registration under this Act
14 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
persons)--that person was registered under that law because
1
leave was granted by a relevant court; or
2
(b) in a case where the business name was registered under a
3
registration law of a referring/adopting State or an affected
4
Territory in relation to a person who carried on a business
5
under the name in association with one or more other
6
persons--each person who was registered under that law was
7
registered either because leave was granted by a relevant
8
court or because such leave was not necessary.
9
Note:
Section 54 of the Business Names Registration Bill provides that a business name is
10
held, and the entity does not commit an offence if the entity carries on a business under
11
it, during the review period in relation to the cancellation.
12
(6)
For the purposes of subitem (5), leave is granted by a relevant court if:
13
(a) where the business name was registered under the Business
14
Names Act 2002 of New South Wales--leave to do so was
15
granted by the District Court as mentioned in section 8 of that
16
Act; or
17
(b) where the business name was registered under the Business
18
Names Act 1962 of Victoria--leave to carry on business
19
under a business name was granted by the County Court as
20
mentioned in section 5A of that Act, or by another court on
21
appeal; or
22
(c) where the business name was registered under the Business
23
Names Act 1962 of Western Australia--leave to carry on a
24
business under a business name was granted by The District
25
Court of Western Australia as mentioned in section 5A of
26
that Act, or by another court on appeal; or
27
(d) where the business name was registered under the Business
28
Names Act 1996 of South Australia--permission to carry on
29
business under a business name was obtained from the
30
District Court as mentioned in section 17 of that Act, or from
31
another court on appeal; or
32
(e) where the business name was registered under the Business
33
Names Act 1962 of Tasmania--leave to carry on a business
34
under a business name was granted by a magistrate as
35
mentioned in section 5A of that Act, or by a court on appeal.
36
(7)
A determination under subitem (4) is not a legislative instrument.
37
Transitional provisions Schedule 1
Information-gathering for transitional purposes Part 4
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 15
Part 4--Information-gathering for transitional
1
purposes
2
12 Interaction with the Australian Business Register
3
(1)
ASIC may disclose information to the Registrar of the Australian
4
Business Register for the purposes of obtaining the assistance of the
5
Registrar:
6
(a) to establish whether a person, or a group of persons, to whom
7
a business name is registered under the registration law of a
8
referring/adopting State or an affected Territory is an entity
9
and, if so, that entity's ABN; and
10
(b) to obtain details of the business names that are listed on the
11
Australian Business Register as registered for an entity under
12
the law of a referring/adopting State or an affected Territory;
13
and
14
(c) to obtain details of the business names that are listed on the
15
Australian Business Register as not registered for an entity
16
under the law of a referring/adopting State or an affected
17
Territory but used for business purposes by the entity.
18
(2)
ASIC may record and use information disclosed to ASIC by the
19
Registrar of the Australian Business Register for the purposes of
20
making a decision under any of the following provisions:
21
(a)
paragraph
2(1)(b);
22
(b)
paragraph
3(1)(b);
23
(c)
paragraph
7(1)(a);
24
(d)
paragraph
7(1)(b);
25
(e)
paragraph
16(1)(b).
26
Note:
ASIC may also use its power under section 37 of the Business Names Registration Act
27
to request a person to give ASIC information.
28
13 ASIC may disclose information to States and Territories
29
for transitional purposes
30
ASIC may disclose information to a referring/adopting State or an
31
affected Territory for the purposes of obtaining assistance from the
32
State or Territory:
33
(a) to ensure that a business name is registered to the correct
34
entity under this Act; and
35
Schedule 1 Transitional provisions
Part 4 Information-gathering for transitional purposes
16 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(b) to ensure that details entered on the Business Names Register
1
in relation to a registration under this Act are correct.
2
14 ASIC may use information disclosed to it by States and
3
Territories in making decisions
4
ASIC may record and use information disclosed to ASIC by a
5
referring/adopting State or an affected Territory (whether under item 13
6
or otherwise) for the purposes of making a decision under any of the
7
following provisions:
8
(a)
paragraph
2(1)(b);
9
(b)
paragraph
3(1)(b);
10
(c)
paragraph
7(1)(a);
11
(d)
paragraph
7(1)(b);
12
(e)
paragraph
16(1)(b).
13
Note:
ASIC may also use its power under section 37 of the Business Names Registration Act
14
to request a person to give ASIC information.
15
15 ASIC may rely on information disclosed by States and
16
Territories and by the Registrar of the Australian
17
Business Register
18
In exercising powers or performing functions or duties under this Act,
19
ASIC may rely on information disclosed to it by:
20
(a) a State or Territory; or
21
(b) the Registrar of Australian Business Register.
22
16 Correcting the Business Names Register where
23
information available on transition deficient
24
(1)
This item applies if:
25
(a) a business name is registered under this Act to an entity or
26
entities; and
27
(b) ASIC is satisfied that, because of a deficiency in the
28
information available to ASIC before registration:
29
(i) the business name has not been registered to the correct
30
entity or entities; or
31
(ii) a detail entered on the Business Names Register in
32
relation to the registration under this Act is incorrect.
33
(2)
ASIC must correct the Business Names Register.
34
Transitional provisions Schedule 1
Information-gathering for transitional purposes Part 4
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 17
(3)
Without limiting subitem (2), ASIC may, for the purposes of correcting
1
the Business Names Register under that subitem:
2
(a) add one or more registrations; or
3
(b) remove one or more registrations; or
4
(c) change the details entered on the Business Names Register in
5
relation to one or more registrations.
6
(4)
If ASIC corrects the Business Names Register, it must give notice of the
7
correction made to:
8
(a) each entity to whom the business name was registered before
9
the correction; and
10
(b) each entity to whom the business name is registered after the
11
correction; and
12
(c) if a detail in relation to a person is changed and that person
13
would not receive notice under paragraph (a) or (b)--that
14
person.
15
17 Nominating a principal place of business and address for
16
service
17
(1)
If a business name is registered to an entity under this Act:
18
(a) in a case where more than one principal place of business is
19
entered on the Business Names Register in relation to the
20
registration--ASIC may request the entity to nominate a
21
single principal place of business to be entered on the
22
Business Names Register; and
23
(b) in a case where more than one address for service is entered
24
on the Business Names Register in relation to the
25
registration--ASIC may request the entity to nominate a
26
single address for service to be entered on the Business
27
Names Register.
28
(2)
ASIC's request must:
29
(a) be in writing; and
30
(b) specify the period, of no less than 28 days beginning on the
31
day on which the notice is given, within which the
32
nomination is to be lodged with ASIC (the nomination
33
period).
34
The request is not a legislative instrument.
35
(3) The
nomination:
36
Schedule 1 Transitional provisions
Part 4 Information-gathering for transitional purposes
18 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(a) must be in the prescribed form; and
1
(b) must be lodged with ASIC in the prescribed manner.
2
(4)
If the nomination is not lodged with ASIC within the nomination
3
period:
4
(a) where more than one principal place of business is entered on
5
the Business Names Register in relation to the registration--
6
ASIC may select from those a place to be entered on the
7
Business Names Register as the principal place of business;
8
and
9
(b) where more than one address for service is entered on the
10
Business Names Register in relation to the registration--
11
ASIC may select from those an address to be entered on the
12
Business Names Register as the address for service.
13
14
Transitional provisions Schedule 1
Distinguishing grandfathered business names that are identical or nearly identical Part
5
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 19
Part 5--Distinguishing grandfathered business
1
names that are identical or nearly identical
2
18 Distinguishing words and expressions
3
(1)
This item applies if 2 or more business names that are identical or
4
nearly identical are registered under this Act.
5
(2)
This item also applies if one or more of the business names is
6
subsequently registered under the Business Names Registration Act
7
under an application to which an entity to whom the business name was
8
previously registered has consented by notice under section 31 of that
9
Act.
10
(3)
ASIC may, by notice in writing given to each entity to whom one of the
11
business names is registered, nominate a word or expression to be
12
entered on the Business Names Register for the business name
13
registered to that entity.
14
(4)
ASIC may only nominate a word or expression to an entity if the
15
inclusion of the word or expression on the Business Names Register
16
would assist in distinguishing a business or businesses carried on by the
17
entity from a business or businesses carried on by another entity.
18
(5)
Without limiting subitem (4), a word or expression nominated by ASIC
19
may be a word or expression identifying the location at which a
20
business is or businesses are carried on by the entity under one or more
21
of the business names.
22
(6)
If ASIC gives an entity a notice under subitem (3), the entity must,
23
within 28 days after that notice is given:
24
(a) lodge a notice with ASIC accepting ASIC's nomination; or
25
(b) lodge a notice with ASIC objecting to ASIC's nomination
26
and nominating an alternative word or expression.
27
(7)
A notice under paragraph (6)(a) or (b):
28
(a) must be in the prescribed form; and
29
(b) must be lodged in the prescribed manner.
30
(8)
If an entity fails to comply with subitem (6), the entity is taken to have
31
lodged notice with ASIC accepting ASIC's nomination.
32
Schedule 1 Transitional provisions
Part 5 Distinguishing grandfathered business names that are identical or nearly
identical
20 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(9)
ASIC must accept the alternative word or expression nominated by the
1
entity unless ASIC is reasonably satisfied that, if:
2
(a) the word or expression were added to the business name; and
3
(b) the entity made application to register the business name as
4
altered;
5
the business name as altered would not be available to the entity under
6
section 25 of the Business Names Registration Bill.
7
(10) ASIC
must:
8
(a) notify the entity in writing whether it accepts or rejects the
9
alternative word or expression; and
10
(b) if ASIC rejects the alternative, specify in the notice the word
11
or expression that is to be entered on the Business Names
12
Register under item 20.
13
19 Meaning of distinguishing word or expression
14
A word or expression is the distinguishing word or expression that
15
relates to a business carried on by an entity under a business name, if:
16
(a) the word or expression is nominated by ASIC in relation to
17
the business name by notice to the entity under subitem 18(3)
18
and accepted by the entity under paragraph 18(6)(a); or
19
(b) the word or expression is nominated by ASIC in relation to
20
the business name by notice to the entity under subitem 18(3)
21
and taken to have been accepted by the entity under subitem
22
18(8); or
23
(c) the word or expression is nominated by the entity in relation
24
to the business name by notice under paragraph 18(6)(b) and
25
accepted by ASIC under subitem 18(9); or
26
(d) in a case where an alternative word or expression is
27
nominated in relation to the business name by the entity
28
under paragraph 18(6)(b) and rejected by ASIC under
29
subitem 18(9)--the word or expression is specified in the
30
notice given by ASIC under subitem 18(10).
31
20 ASIC must enter distinguishing word or expression on the
32
Business Names Register
33
(1)
ASIC must enter the distinguishing word or expression that relates to a
34
business or businesses carried on by an entity under a business name on
35
the Business Names Register.
36
Transitional provisions Schedule 1
Distinguishing grandfathered business names that are identical or nearly identical Part
5
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 21
(2)
However, the distinguishing word or expression does not form part of
1
the business name.
2
(3)
ASIC may remove the entry from the register if ASIC is satisfied that
3
the removal of the distinguishing word or expression would not lead to
4
confusion about who is carrying on a business or businesses under the
5
business name.
6
(4)
If ASIC removes the entry from the register, ASIC must notify the
7
following entities of the removal:
8
(a) the entity to whom the business name is registered;
9
(b) each entity for whom ASIC has contact details to whom the
10
business name, or a nearly identical business name, was
11
formerly registered.
12
(5)
ASIC may also notify any other entity of the removal of the
13
distinguishing word or expression if ASIC is satisfied that the entity's
14
interests might be affected by the removal.
15
21 Name not available if identical or nearly identical to
16
existing name accompanied by distinguishing word or
17
expression
18
If a distinguishing word or expression is entered on the Business Names
19
Register in relation to a business name registered to an entity, a name
20
that is identical or nearly identical to any combination of the
21
distinguishing word or expression and that business name is not
22
available to any other entity.
23
24
Schedule 1 Transitional provisions
Part 6 Aligning registration periods
22 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
Part 6--Aligning registration periods
1
22 Aligning registration periods
2
(1)
This item applies in relation to the first renewal after the day on which
3
the business name is first registered to an entity under this Act.
4
(2)
ASIC must determine an alternative registration period for the renewal
5
of the registration of the business name to the entity if:
6
(a) the entity lodges a request with ASIC, in the prescribed form
7
and manner, to have the alternative registration period
8
determined; and
9
(b) the alternative registration period requested is:
10
(i) if the registration period on renewal would otherwise
11
have been 1 year--of not more than 18 months; and
12
(ii) if the registration period on renewal would otherwise
13
have been 3 years--of not more than 3 years and 6
14
months.
15
(3)
A determination under subitem (2) must be in writing, but is not a
16
legislative instrument.
17
18
Transitional provisions Schedule 1
Other obligations to give information to ASIC Part 7
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 23
Part 7--Other obligations to give information to ASIC
1
23 Notifying ASIC of bankruptcy, insolvency etc.
2
(1)
A person who is a debtor representative of an entity immediately before
3
the day on which a business name is first registered to the entity under
4
this Act (the registration day) is taken to satisfy section 38 of the
5
Business Names Registration Act if:
6
(a) the person has, before the registration day, given a person
7
responsible for registration in a referring/adopting State or an
8
affected Territory notice:
9
(i) that the person is appointed or authorised to act as a
10
debtor representative of the entity; and
11
(ii) identifying who (if anyone) will carry on a business
12
under the business name while that person is appointed
13
or authorised; or
14
(b) the person lodges with ASIC notice of the person's
15
appointment or authorisation in accordance with paragraphs
16
38(2)(b) to (d) of that Act within the period of 28 days
17
beginning on the registration day.
18
(2)
In this item:
19
debtor representative has the same meaning as in section 38 of the
20
Business Names Registration Act.
21
24 Notifying ASIC of death of an entity that is an individual
22
A person who is the legal personal representative in relation to a
23
deceased estate of an individual immediately before the day on which a
24
business name is first registered to the individual under this Act (the
25
registration day) is taken to satisfy subsection 39(1) of the Business
26
Names Registration Act if:
27
(a) the person has, before the registration day, given a person
28
responsible for registration in a referring/adopting State or an
29
affected Territory notice that one of the following is granted
30
to the person:
31
(i) probate of the will of the deceased;
32
(ii) letters of administration of the estate of the deceased;
33
(iii) any other similar grant; or
34
Schedule 1 Transitional provisions
Part 7 Other obligations to give information to ASIC
24 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(b) the person lodges with ASIC notice of the relevant grant in
1
accordance with subsection 39(2) of that Act within the
2
period of 28 days beginning on the registration day.
3
4
Transitional provisions Schedule 1
Preserving exemptions and protecting information Part 8
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 25
Part 8--Preserving exemptions and protecting
1
information
2
25 Exemptions
3
(1)
An entity is exempt from the requirement under section 19 of the
4
Business Names Registration Act to include a name or the entity's ABN
5
in a written communication in connection with a business carried on
6
under a business name, if the entity is, immediately before the
7
change-over day, subject to an exemption under the registration law of a
8
State or Territory to include that information in such a communication.
9
(2)
Subsection 19(1) of the Business Names Registration Act does not
10
apply to the entity in relation to the communication.
11
Note:
A defendant bears an evidential burden in relation to the matters in subitem (2): see
12
subsection 13.3(3) of the Criminal Code.
13
(3)
An entity is exempt from the requirement under section 20 of the
14
Business Names Registration Act to display a name at a place, if the
15
entity is, immediately before the change-over day, subject to an
16
exemption from a requirement under the registration law of a State or
17
Territory to display the name at the place.
18
(4)
Subsection 20(1) of the Business Names Registration Act does not
19
apply to the entity in relation to the display of the name at the place.
20
Note:
A defendant bears an evidential burden in relation to the matters in subitem (4): see
21
subsection 13.3(3) of the Criminal Code.
22
26 Protecting information
23
(1)
Despite section 60 of the Business Names Registration Act, a person
24
may not obtain information from ASIC by application under that section
25
if, immediately before the change-over day and under the registration
26
law of a State or Territory, that information would not have been
27
available to that person.
28
(2)
Despite section 61 of the Business Names Registration Act, ASIC must
29
not make information publicly available if, immediately before the
30
change-over day and under the registration law of a State or Territory,
31
the information could not have been made publicly available.
32
33
Schedule 1 Transitional provisions
Part 9 Review
26 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
Part 9--Review
1
27 Reviewable decisions
2
A decision specified in an item in column 1 of the table, made under a
3
provision specified for that item in column 2 of the table, is reviewable
4
on the application of an entity specified for that item in column 3 of the
5
table.
6
7
Reviewable decisions
Item Column
1
Decision
Column 2
Provision
Column 3
Who may seek review
1
That a person carries on, or
intends to carry on, a business
alone under a business name
(rather than in association
with other persons)
Paragraph 2(1)(b) or
7(1)(a) of this
Schedule
A person to whom the
business name was
registered under the
law of a State or
Territory immediately
before the change-over
day
2
That a person carries on, or
intends to carry on, a business
under a business name in
association with one or more
other persons
Paragraph 3(1)(b) or
7(1)(b) of this
Schedule
A person to whom the
business name was
registered under the
law of a State or
Territory immediately
before the change-over
day
3
Rejection of an alternative
word or expression to
distinguish an entity
Subitem 18(9) of
this Schedule
The entity
4
Specifying a word or
expression to distinguish an
entity
Paragraph 18(10)(b)
of this Schedule
The entity
5
Removing a word or
expression to distinguish an
entity on the Business Names
Register
Subitem 20(3) of
this Schedule
The entity
28 Internal review of certain decisions
8
(1)
If a reviewable decision is made by ASIC other than as a delegate of the
9
Minister, an entity on whose application the decision is reviewable may
10
Transitional provisions Schedule 1
Review Part 9
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 27
lodge an application with ASIC (the review body) for review of the
1
decision.
2
(2)
If a reviewable decision is made by an ASIC member or staff member
3
as a delegate of the Minister, an entity on whose application the
4
decision is reviewable may lodge an application with the Minister (the
5
review body) for review of the decision.
6
(3) The
application:
7
(a) must set out the reasons for making the application; and
8
(b) must be in the prescribed form; and
9
(c) must be lodged in the prescribed manner.
10
(4)
An application for review of a decision must be lodged within 28 days
11
after the entity is notified of the decision.
12
(5)
Despite subitem (4), an application for review may be lodged within
13
such longer period as the review body allows.
14
(6)
After an application for review of a decision is lodged with a review
15
body, the review body must review the decision and:
16
(a) affirm the decision under review; or
17
(b) vary the decision under review; or
18
(c) set aside the decision under review and make a decision in
19
substitution for it.
20
(7)
A decision of the review body under subitem (6) takes effect:
21
(a) on a day, provided in the decision, that is after the decision is
22
made; or
23
(b) if a day is not so provided--on the day on which the decision
24
is made.
25
(8)
If the review body has not decided an application by an entity for
26
review of a decision:
27
(a) where the review body is ASIC--within 28 days after the
28
application is lodged; and
29
(b) where the review body is the Minister--within 60 days after
30
the application is lodged;
31
the entity may, at any time, give the review body written notice that the
32
entity wishes to treat the decision as having been affirmed.
33
Schedule 1 Transitional provisions
Part 9 Review
28 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(9)
For the purposes of item 29, if an entity gives notice under subitem (8)
1
of this item, the review body is taken to have refused the entity's
2
application on the day on which the notice is given.
3
29 Administrative review of certain decisions
4
(1)
An application may be made to the Administrative Appeals Tribunal for
5
review of a decision made or taken to have been made by ASIC or the
6
Minister under item 28.
7
(2)
The application may be made by any entity who could have lodged an
8
application under subitem 28(1) in relation to the decision in relation to
9
which the decision under item 28 was made or taken to have been made.
10
(3)
An application may be made to the Administrative Appeals Tribunal for
11
review of a decision made personally by the Minister to cancel the
12
registration of a business name to an entity under subitem 11(4).
13
(4)
The application may be made by the entity.
14
15
Transitional provisions Schedule 1
Miscellaneous Part 10
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 29
Part 10--Miscellaneous
1
30 Restricted words and expressions
2
Section 46 of the Business Names Registration Act does not apply in
3
relation to a business name that includes a restricted word or expression,
4
if the business name is registered under this Act.
5
31 Limit on exercise of powers to require information
6
(1)
This item applies if a business name is registered to an entity under this
7
Act and no other business name is registered to the entity under the
8
Business Names Registration Act.
9
(2)
ASIC must not exercise its powers under this Act or the Business
10
Names Registration Act to require the entity to give ASIC any of the
11
following information:
12
(a) the entity's ABN;
13
(b) if the entity is an individual--the entity's date or place of
14
birth.
15
32 Availability test does not apply to registrations under this
16
Act
17
To avoid doubt, ASIC may not exercise its power under section 43 of
18
the Business Names Registration Act to cancel the registration of a
19
business name that is registered to an entity under this Act on the basis
20
that the business name was not available to the entity at the time of
21
registration.
22
33 Regulations
23
(1)
The Governor-General may make regulations prescribing matters:
24
(a) required or permitted by this Act to be prescribed; or
25
(b) necessary or convenient to be prescribed for carrying out or
26
giving effect to this Act.
27
(2)
Without limiting subitem (1), regulations may provide for information
28
of a prescribed kind to be entered on the Business Names Register if:
29
(a) the information is obtained by a referring/adopting State or
30
an affected Territory under the registration law of that State
31
or Territory before the change-over day; and
32
Schedule 1 Transitional provisions
Part 10 Miscellaneous
30 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
(b) the information is not otherwise entered, or would not
1
otherwise be entered, on the Business Names Register under
2
a provision of this Act or the Business Names Registration
3
Act.
4
5
Consequential amendments Schedule 2
Amendments commencing on change-over day Part 1
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 31
Schedule 2--Consequential amendments
1
Part 1--Amendments commencing on change-over
2
day
3
A New Tax System (Australian Business Number) Act 1999
4
1 Paragraph 26(3)(d)
5
Repeal the paragraph, substitute:
6
(d)
either:
7
(i) any business name registered to the entity on the
8
Business Names Register established and maintained
9
under section 22 of the Business Names Registration Act
10
2011; or
11
(ii) if a business name is not registered to the entity--a
12
name used for business purposes by the entity that
13
appeared in the entry relating to the entity in the
14
*
Australian Business Register immediately before Part 2
15
of the Business Names Registration Act 2011
16
commences;
17
ANL Act 1956
18
2 Section 51
19
Repeal the section.
20
3 Section 55
21
Repeal the section, substitute:
22
55 Registration on Business Names Register
23
This Part does not prevent a protected body from registering a
24
name on the Business Names Register established and maintained
25
under section 22 of the Business Names Registration Act 2011.
26
Australian Securities and Investments Commission Act 2001
27
4 At the end of subsection 12A(1)
28
Schedule 2 Consequential amendments
Part 1 Amendments commencing on change-over day
32 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
Add:
1
;
(k)
the
Business Names Registration Act 2011;
2
(l)
the
Business Names Registration (Transitional and
3
Consequential Provisions) Act 2011.
4
5 After subsection 127(3)
5
Insert:
6
(3A) Using or disclosing information in accordance with the consent of
7
the person who provided the information is authorised use and
8
disclosure of the information.
9
6 At the end of subsection 136(2)
10
Add:
11
; (j) information about the operation of the Business Names
12
Registration Act 2011 including:
13
(i) details of the level of access to the Business Names
14
Register using the internet and other facilities; and
15
(ii) the timeliness with which ASIC carries out its duties,
16
functions and powers under the Act; and
17
(iii) the cost of registration of a business name under the
18
Act.
19
7 At the end of section 136
20
Add:
21
Annual report to be sent to the Attorney-General of each State and
22
Territory
23
(4) The Minister must cause a copy of each annual report to be sent to
24
the Attorney-General of each State and Territory as soon as
25
practical after the Minister receives the report.
26
Bank Integration Act 1991
27
8 Paragraph 18(2)(b)
28
Omit "under a law or a State or Territory", substitute "on the Business
29
Names Register established and maintained under section 22 of the
30
Business Names Registration Act 2011".
31
Consequential amendments Schedule 2
Amendments commencing on change-over day Part 1
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 33
9 Subsection 18(3)
1
Repeal the subsection.
2
Corporations (Aboriginal and Torres Strait Islander) Act
3
2006
4
10 Paragraph 85-5(1)(b)
5
Omit "included on the national business names register", substitute
6
"held or registered on the Business Names Register".
7
11 Subparagraph 85-5(2)(a)(v)
8
Omit "included on the national business names register", substitute
9
"held or registered on Business Names Register".
10
12 Section 700-1
11
Insert:
12
Business Names Register means the Register established and
13
maintained under section 22 of the Business Names Registration
14
Act 2011.
15
13 Section 700-1 (definition of national business names
16
register)
17
Repeal the definition.
18
Corporations Act 2001
19
14 Section 9
20
Insert:
21
Business Names Register means the Register established and
22
maintained under section 22 of the Business Names Registration
23
Act 2011.
24
15 Section 9 (definition of national business names register)
25
Repeal the definition.
26
16 Paragraph 147(1)(b)
27
Schedule 2 Consequential amendments
Part 1 Amendments commencing on change-over day
34 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
Omit "included on the national business names register", substitute
1
"held or registered on the Business Names Register".
2
17 Subsection 147(5)
3
Repeal the subsection.
4
18 Paragraph 324BB(6)(a)
5
Omit "under a law of a State or Territory relating to the registration of
6
business names", substitute "on the Business Names Register".
7
19 Paragraph 601DC(1)(b)
8
Omit "included on the national business names register", substitute
9
"held or registered on the Business Names Register".
10
20 Subsection 601DD(3)
11
Omit "the use of that name is authorised by a law of that State or
12
Territory that deals with business names", substitute "the name is
13
registered to the body on the Business Names Register".
14
Defence Service Homes Act 1918
15
21 Paragraph 50A(2)(d)
16
Repeal the paragraph, substitute:
17
(d) uses as a business name (within the meaning of the Business
18
Names Registration Act 2011) or part of a business name;
19
Financial Transaction Reports Act 1988
20
22 Subsection 3(1) (subparagraph (c)(iv) of the definition of
21
account information)
22
Repeal the subparagraph, substitute:
23
(iv) if the account is held in a business name registered on the
24
Business Names Register--that fact and a copy of the entry
25
in the Business Names Register obtained under section 60 of
26
the Business Names Registration Act 2011 relating to the
27
business name and containing the details referred to in
28
paragraphs 33(1)(a), (b), (d) and (e) of that Act (identification
29
details, business name, address for service and period of
30
registration);
31
Consequential amendments Schedule 2
Amendments commencing on change-over day Part 1
Business Names Registration (Transitional and Consequential Provisions) Bill 2011 No. ,
2011 35
(iva) if the account is held in a business name of which registration
1
on the Business Names Register has been applied for but not
2
yet obtained--that fact and a copy of the application;
3
23 Subsection 3(1)
4
Insert:
5
Business Names Register means the Register established and
6
maintained under section 22 of the Business Names Registration
7
Act 2011.
8
Olympic Insignia Protection Act 1987
9
24 Subsection 71(5)
10
Repeal the subsection, substitute:
11
(5) This Chapter does not apply to the use of a business name in
12
connection with a business if:
13
(a) the name was registered under a law of a State or Territory
14
relating to business names immediately before 20 September
15
2001 in relation to the business; and
16
(b) the name is registered in relation to the business under a law
17
of the Commonwealth or a State or Territory relating to
18
business names.
19
Qantas Sale Act 1992
20
25 Subsection 7(7) (definition of registered business name)
21
After "under a law of a State or Territory that relates to the registration
22
of business names", substitute "on the Business Names Register
23
established and maintained under section 22 of the Business Names
24
Registration Act 2011".
25
Wine Australia Corporation Act 1980
26
26 Paragraphs 40DB(4)(c) and 40FB(3)(c)
27
After "Territory", insert "or on the Business Names Register established
28
and maintained under section 22 of the Business Names Registration
29
Act 2011".
30
31
Schedule 2 Consequential amendments
Part 2 Amendment commencing on first anniversary of change-over day
36 Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
Part 2--Amendment commencing on first
1
anniversary of change-over day
2
A New Tax System (Australian Business Number) Act 1999
3
27 Paragraph 26(3)(d)
4
Repeal the paragraph, substitute:
5
(d) any business name registered to the entity on the Business
6
Names Register established and maintained under section 22
7
of the Business Names Registration Act 2011;
8
9