Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011 - SECT 47

  (1)   ASIC may cancel the registration of a business name to an entity if:

  (a)   ASIC is satisfied that:

  (i)   the entity is not carrying on a business under the business name; and

  (ii)   the entity has not, in the immediately preceding period of 3 months, carried on a business under the business name; and

  (b)   the entity is not a government body; and

  (c)   ASIC is not satisfied that there are exceptional circumstances justifying the failure to carry on a business under the business name during that 3 month period.

  (2)   ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity:

  (a)   informing the entity that ASIC intends to cancel the registration; and

  (b)   inviting the entity to give ASIC evidence that:

  (i)   it is carrying on, or has within the immediately preceding period of 3 months carried on, a business under the business name; or

  (ii)   there are exceptional circumstances justifying the failure to carry on a business under the business name during that period.