Commonwealth Numbered Acts

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BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 2011) - SECT 12

Concurrent operation intended

             (1)  This Act and the Transitional Act (the business names legislation ) are not intended to exclude or limit the concurrent operation of any law of a referring/adopting State or an affected Territory.

             (2)  Without limiting subsection (1), the business names legislation is not intended to exclude or limit the concurrent operation of a law that:

                     (a)  requires or permits a word or expression to be used by an entity or class of entities; or

                     (b)  prohibits or restricts the use of a word or expression by an entity or class of entities; or

                     (c)  relates to the accreditation or licensing of an entity that carries on a business; or

                     (d)  makes provision for the conversion of one body into another or the amalgamation of bodies; or

                     (e)  imposes obligations on an entity or class of entities that are in addition to obligations imposed under this Act; or

                      (f)  makes provision in relation to a notified State/Territory register; or

                     (g)  specifies a name as the name of an entity.

             (3)  This section does not apply to a law of a referring/adopting State or an affected Territory if there is a direct inconsistency between that law and the business names legislation.

Note:          Section 14 avoids direct inconsistency arising in some cases by limiting the operation of the business names legislation.



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