Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 3

Dictionary

    In this Act:

"ABN" for an entity means the entity's ABN as shown in the Australian Business Register.

"affected Territory" means:

  (a)   the Australian Capital Territory; and

  (b)   the Northern Territory; and

  (ba)   Norfolk Island; and

  (c)   the Jervis Bay Territory; and

  (d)   the Territory of Christmas Island; and

  (e)   the Territory of Cocos (Keeling) Islands.

"application fee" , for an application by an entity for an extract of the Business Names Register, means the fee imposed under the Business Names Registration (Fees) Act 2011 in relation to such an application.

"ASIC" means the Australian Securities and Investments Commission.

"ASIC Act" means the Australian Securities and Investments Commission Act 2001 .

"ASIC member" means a member of ASIC (as defined for the purposes of the ASIC Act).

"Australian business law" means a law of the Commonwealth, or of a State or Territory, that is a law that regulates, or relates to the regulation of, business or persons engaged in business.

"Australian Business Register" means the register established under section   24 of the A New Tax System (Australian Business Number) Act 1999 .

"available" : a business name is available to an entity in the circumstances set out in:

  (a)   section   25 and subsection   31(3) of this Act; and

  (b)   item   21 of Schedule   1 to the Transitional Act.

"business" has the meaning given by section   4.

"business day" means a day that is not a Saturday, a Sunday, a public holiday or a bank holiday in a referring/adopting State or an affected Territory.

"business name" means a name used, or to be used, in relation to one or more businesses.

"Business Names Register" means the register established and maintained under section   22.

"carrying on" a business includes doing anything in the course of the commencement or termination of the business.

"Commonwealth body" means:

  (a)   an Agency (within the meaning of the Public Service Act 1999 ); or

  (b)   a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or

  (c)   a person:

  (i)   holding or performing the duties of an office established by or under a law of the Commonwealth; or

  (ii)   holding an appointment made under a law of the Commonwealth.

"Commonwealth Minister" means the Minister.

"company" means a body registered as a company under the Corporations Act 2001 .

"consent application" means an application for registration of a business name that includes a statement that the entity to whom the business name is currently registered has consented to the registration of the business name to the applicant.

"court" means any court.

"data standards" means standards made by the Registrar under section   62H.

"designated secrecy provision" has the meaning given by subsection   62N(3).

"disclosure framework" means the disclosure framework made by the Registrar under section   62L.

"disqualified" : an entity is disqualified in the circumstances specified in section   32.

"entity" has the meaning given by section   5.

"entity on whose application a decision is reviewable" means an entity on whose application the decision is reviewable under section   56.

"Federal Court" means the Federal Court of Australia.

"government body" has the meaning given by subsection   11(3).

"government entity" has the meaning given by section   41 of the A New Tax System (Australian Business Number) Act 1999 .

"identical" : means identical under rules made by the Minister under section   26.

"intelligence or security agency" has the meaning given by section   85ZL of the Crimes Act 1914 .

"nearly identical" : means nearly identical under rules made by the Minister under section   26.

"non-entity joint venture" means an arrangement that the Commissioner of Taxation is satisfied is a contractual arrangement:

  (a)   under which 2 or more parties undertake an economic activity that is subject to the joint control of the parties; and

  (b)   that is entered into to obtain individual benefits for the parties, in the form of a share of the output of the arrangement rather than joint or collective profits for all the parties.

"notified State/Territory register" has the meaning given by section   6.

"notified successor" , in relation to a business name, means an entity entered on the Business Names Register under subsection   40(4) as a notified successor in relation to the business name.

"official employment" means:

  (a)   appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or

  (b)   the exercise of powers or performance of functions under a delegation by the Registrar.

"priority" : an entity has priority over a business name in the circumstances set out in section   29.

"protected information" means information:

  (a)   obtained by a person in the course of the person's official employment; and

  (b)   disclosed to the person or another person, or obtained by the person or another person:

  (i)   under, or in relation to, this Act or the Transitional Act; or

  (ii)   under another law of the Commonwealth;

    in connection with particular functions or powers of the Registrar.

"referring/adopting State" has the meaning given by section   8.

"registered owner" , in relation to a registered trade mark, has the meaning given by section   6 of the Trade Marks Act 1995 .

"registered trade mark" has the meaning given by section   6 of the Trade Marks Act 1995 .

"Registrar" has the meaning given by section   6A.

"registration fee" , for the registration of a business name to an entity, means the fee imposed under the Business Names Registration (Fees) Act 2011 in relation to the registration.

"renewal fee" , for the renewal of the registration of a business name to an entity, means the fee imposed under the Business Names Registration (Fees) Act 2011 in relation to the renewal.

"reviewable" : a decision is reviewable if it is reviewable under section   56.

"secrecy provision" has the meaning given by subsection   62N(2).

"staff member" has the same meaning as in the ASIC Act.

"State" , when used in a geographical sense, includes the coastal sea of the State.

"superannuation fund" has the same meaning as in the Income Tax Assessment Act 1997 .

"taxation law" has the same meaning as in the Income Tax Assessment Act 1997 .

"Territory" , when used in a geographical sense, includes the coastal sea of the Territory.

"this Act" includes instruments made under this Act.

"Transitional Act" means the Business Names Registration (Transitional and Consequential Provisions) Act 2011 , and includes instruments made under that Act.


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