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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 54

Business name held during review period for cancellation decision

  (1)   If ASIC cancels the registration of a business name to an entity:

  (a)   the business name is held during the review period in relation to that decision; and

  (b)   the entity does not commit an offence under subsection   18(1) if the entity carries on a business under the business name during the review period in relation to that decision.

Note:   A defendant bears an evidential burden in relation to the matters in paragraph   (1)(b): see subsection   13.3(3) of the Criminal Code .

  (2)   The review period , in relation to a decision to cancel the registration of a business name to an entity, is:

  (a)   a period of 4 months beginning on the day on which the entity is notified of the decision under section   52; or

  (b)   if ASIC determines a longer period under subsection   (3)--that longer period.

  (3)   ASIC may determine in writing a longer review period. The determination is not a legislative instrument.

  (4)   ASIC must give a copy of the determination to the entity.

 


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