South Australian Numbered Acts

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BUSINESS NAMES REGISTRATION (TRANSITIONAL ARRANGEMENTS) ACT 2012 (NO 3 OF 2012) - SECT 7

7—Resolution of outstanding matters

        (1)         This section applies to, or in relation to, the following matters:

            (a)         an application for the registration of a business name under the Business Names Act 1996 that was made, but not finally determined, before the change-over day;

            (b)         an application for renewal of the registration of a business name under the Business Names Act 1996

                  (i)         that was made, but not finally determined, before the change-over day; or

                  (ii)         that was made within 2 months after the date of expiry of the registration (whether the date of application was before or after the change-over day);

            (c)         the reinstatement of the registration of a business name under section 15 of that Act (being a reinstatement following a request of the proprietor of the business name that was made, but not finally determined, before the change-over day).

        (2)         Despite a provision of any other Act or law, the Commission may resolve a matter to which this section applies as if—

            (a)         the Business Names Act 1996 had not been repealed; and

            (b)         the Commonwealth Acts had not been enacted.

        (3)         If—

            (a)         a court finally determines an appeal under the Business Names Act 1996 after the change-over day; and

            (b)         the court makes an order that a particular business name be registered, or that the registration of a particular business name be renewed or reinstated, under that Act,

the Commission must notify ASIC under item 6 of Schedule 1 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth in such terms as may be necessary to give effect to the order.

        (4)         Without limiting section 5, if a proprietor of a registered business name has given the Commission notice of a change in accordance with section 12 of the Business Names Act 1996 before the change-over day, but the Commission has not yet corrected or supplied the deficiency in the register under that Act, the Commission may correct or supply the deficiency in the register as if this Act had not been enacted.

        (5)         Nothing in this section limits the operation of section 16 of the Acts Interpretation Act 1915 .



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