Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 15

Regulations to deal with interaction between laws

  (1)   The regulations may modify the operation of the business names legislation so that:

  (a)   provisions of the business names legislation do not apply to a matter that is dealt with by a law of a referring/adopting State or an affected Territory specified in the regulations; or

  (b)   no inconsistency arises between the operation of a provision of the business names legislation and the operation of a provision of a law of a referring/adopting State or an affected Territory specified in the regulations.

  (2)   Without limiting subsection   (1), regulations made for the purposes of that subsection may provide that a provision of the business names legislation:

  (a)   does not apply to:

  (i)   a person specified in the regulations; or

  (ii)   a body specified in the regulations; or

  (iii)   circumstances specified in the regulations; or

  (iv)   a person or body specified in the regulations in the circumstances specified in the regulations; or

  (b)   does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

  (c)   does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

  (d)   does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

  (e)   does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring/adopting State or an affected Territory; or

  (f)   authorises a person to do something for the purposes of the business names legislation that the person:

  (i)   is authorised to do under a law of a referring/adopting State or an affected Territory; and

  (ii)   would not otherwise be authorised to do under the business names legislation; or

  (g)   will be taken to be satisfied if a law of a referring/adopting State or an affected Territory is satisfied.


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