Commonwealth Numbered Acts

BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 2011) - SECT 54

             (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.