Queensland Numbered Acts

BUSINESS NAMES (COMMONWEALTH POWERS) ACT 2011 No. 34 - SECT 5

(1) Each of the following matters is a continuing business names matter to the extent that the matter is included in the legislative powers of the Parliament of the State—

(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 continuing 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 registered to the entity on a notified State 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 a State law;

(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 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 a State law;

(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 a State law.