Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011 - SECT 9

  (1)   Each of the following matters is a referred business names matter :

  (a)   the registration of business names;

  (b)   the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity;

  (c)   the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity;

  (d)   the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity's own;

  (e)   the prohibition or restriction of the use of business names that are undesirable, offensive or confusing;

  (f)   the prohibition or restriction of the use of business names by an entity because:

  (i)   the entity has engaged in unlawful conduct; or

  (ii)   a person involved in the management of the entity has engaged in unlawful conduct.

  (2)   However, none of the following matters is a referred business names matter :

  (a)   the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name;

  (b)   the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is registered to the entity on a notified State/Territory register;

  (c)   the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act;

  (d)   the imposition of an obligation on a government body to include a name in a communication or to display a name;

  (e)   the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State/Territory register;

  (f)   the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act;

  (g)   the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision;

  (h)   any matter relating to the imposition or payment of taxes under an Act of a State, or an instrument made under such an Act.

  (3)   In this section:

"exemption provision" means a provision in the terms, or substantially in the terms, of subsection   19(5) or 20(3).