New South Wales Consolidated Acts

SHERIFF ACT 2005 - SECT 12

12 Consents for the purposes of section 11

(1) The Sheriff may grant consent to any person or body of persons to carry on any activity under an operating name (within the meaning of section 11) that includes the word "sheriff", either unconditionally or subject to such conditions as the Sheriff considers appropriate to impose on the consent.

(2) A consent may be revoked by the Sheriff at any time.

(3) In deciding whether or not to grant or revoke a consent, the Sheriff must have regard to such matters (if any) as are prescribed by the regulations.

(4) Before revoking a consent, the Sheriff--

(a) must serve notice of the proposed revocation on the person or body of persons having the benefit of the consent, and

(b) must allow that person or body at least 14 days within which to make submissions with respect to the proposed revocation, and

(c) must have regard to any submissions that are duly made with respect to the proposed revocation.

(5) As soon as practicable after revoking a consent, the Sheriff must cause notice of that fact to be given--

(a) to the person or body of persons concerned, and

(b) if the consent relates to the name under which an association is incorporated under the Associations Incorporation Act 2009 --to the Secretary of the Department of Finance, Services and Innovation, and

(c) if the consent relates to a business name registered under the Business Names Registration Act 2011 of the Commonwealth--the Australian Securities and Investments Commission.

Note : In the case of the name under which an association is incorporated under the Associations Incorporation Act 2009 , notification of the Secretary of the Department of Finance, Services and Innovation will prompt the Secretary to exercise his or her powers under that Act to direct the association to change its name.

(6) A consent that is revoked ceases to have effect--

(a) except as provided by paragraph (b)--

(i) at the end of 28 days after notice of the revocation is served on the person or body of persons concerned, or

(ii) at such later time as may be specified in the notice of revocation, or

(b) in the case of a consent that relates to the name under which an association is incorporated under the Associations Incorporation Act 2009 --

(i) on the date on which the Secretary of the Department of Finance, Services and Innovation issues a certificate of incorporation in respect of the association's new name under section 12 (3) of that Act, or

(ii) on the date on which the Secretary of the Department of Finance, Services and Innovation cancels the association's incorporation under section 76 of that Act,

as the case may be.

(7) In this section, a reference to the Secretary of the Department of Finance, Services and Innovation is, while the position of Commissioner for Fair Trading exists in that Department, to be read as a reference to the Commissioner.