Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 12

Concurrent operation intended

  (1)   This Act and the Transitional Act (the business names legislation ) are not intended to exclude or limit the concurrent operation of any law of a referring/adopting State or an affected Territory.

  (2)   Without limiting subsection   (1), the business names legislation is not intended to exclude or limit the concurrent operation of a law that:

  (a)   requires or permits a word or expression to be used by an entity or class of entities; or

  (b)   prohibits or restricts the use of a word or expression by an entity or class of entities; or

  (c)   relates to the accreditation or licensing of an entity that carries on a business; or

  (d)   makes provision for the conversion of one body into another or the amalgamation of bodies; or

  (e)   imposes obligations on an entity or class of entities that are in addition to obligations imposed under this Act; or

  (f)   makes provision in relation to a notified State/Territory register; or

  (g)   specifies a name as the name of an entity.

  (3)   This section does not apply to a law of a referring/adopting State or an affected Territory if there is a direct inconsistency between that law and the business names legislation.

Note:   Section   14 avoids direct inconsistency arising in some cases by limiting the operation of the business names legislation.


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