Commonwealth Numbered Acts

BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 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.