Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Introduction

   1.      Short title  
   2.      Commencement  

           Division 2--Definitions

   3.      Dictionary  
   4.      Business  
   5.      Entities  
   6.      Notified State/Territory registers  
   6A.     Meaning of Registrar  

           Division 3--Constitutional basis and application of this Act and the Transitional Act

   7.      Constitutional basis for this Act and the Transitional Act  
   8.      Meaning of referring/adopting State  
   9.      Meaning of referred business names matter  
   10.     General application of this Act and the Transitional Act  
   11.     Government bodies not liable to prosecution  

           Division 4--Interaction between business names legislation and State and Territory laws

   12.     Concurrent operation intended  
   13.     When business names legislation does not apply  
   14.     Avoiding direct inconsistency between Commonwealth and State and Territory laws  
   15.     Regulations to deal with interaction between laws  

           Division 5--Objects of this Act and consequences of registration

   16.     Objects of this Act  
   17.     Consequences of registration of a business name  

   PART 2--OFFENCES--RELATING TO BUSINESS NAMES

   18.     Offence--carrying on a business under an unregistered business name  
   19.     Offence--must include business name in written communications  
   20.     Offence--must display business name at places open to public  
   21.     Offence--carrying on a business under a business name while disqualified  

   PART 3--REGISTERING--A BUSINESS NAME

   22.     The Business Names Register  
   23.     Application to register a business name  
   24.     Decision to register a business name to an entity  
   25.     Is a business name available to an entity?  
   26.     Identical or nearly identical names  
   27.     Undesirable names  
   28.     Restricted words and expressions  
   29.     Priority  
   30.     Refusal for failure to pay registration fee on time  
   31.     Consent applications  
   32.     Disqualified entities  
   33.     Steps taken by ASIC to register a business name to an entity  
   34.     Refusal to register  

   PART 4--OBLIGATIONS--TO GIVE INFORMATION TO ASIC

   35.     Notifying changes--entity that gives information to ASIC  
   36.     Obligation to notify ASIC if entity becomes disqualified  
   37.     Obligation to give ASIC information if requested  
   38.     Notifying ASIC of bankruptcy, insolvency etc.  
   39.     Notifying ASIC of appointment of a legal personal representative  
   40.     Notification by successor in relation to a deceased estate  
   41.     Federal Court may order information be given to ASIC  

   PART 5--CANCELLING--THE REGISTRATION OF A BUSINESS NAME

   42.     Cancellation--request by entity to whom business name is registered  
   43.     Cancellation--ASIC becomes aware of matter that would have affected registration decision  
   44.     Cancellation--entity is disqualified  
   45.     Cancellation--Ministerial determination revoked  
   46.     Cancellation--failure to satisfy a condition of registration  
   47.     Cancellation--entity not carrying on a business under the business name  
   48.     Cancellation--failure to provide information  
   49.     Cancellation--registration has expired  
   50.     Cancellation--entity to whom business name registered ceases to exist  
   51.     Cancellation--business name used in infringement of trade mark  
   52.     Notification of cancellation of business name  
   53.     Notice requirements in relation to partnerships, unincorporated associations, trusts and joint ventures  
   54.     Business name held during review period for cancellation decision  

   PART 6--RENEWING--THE REGISTRATION OF A BUSINESS NAME

   55.     Application to renew registration  

   PART 7--REVIEW

   56.     Reviewable decisions  
   57.     Internal review of certain decisions  
   58.     Administrative review of certain decisions  
   59.     Payment of registration fee if business name to be registered as result of review  

   PART 8--ACCESSING--THE BUSINESS NAMES REGISTER

   60.     Access to certain information in the Business Names Register by request  
   61.     Certain information to be publicly available  
   62.     Certain information to be made available to government bodies  

   PART 9--ADMINISTRATION

           Division 1--Matters relating to handling records and information

              Subdivision A--The Registrar

   62A.    Appointment of the Registrar  
   62B.    Functions  
   62C.    Powers  
   62D.    Directions by Minister  
   62E.    Delegation  
   62F.    Assisted decision making  
   62G.    Liability for damages  

              Subdivision B--How the Registrar is to perform and exercise functions and powers

   62H.    Data standards  
   62J.    Giving information to the Registrar  
   62K.    How the Registrar is to perform and exercise functions and powers  

              Subdivision C--Disclosure of information

   62L.    Disclosure framework  
   62M.    Protection of confidentiality of protected information  
   62N.    Authorisation of recording or disclosure  
   62P.    Preventing disclosure of particular protected information  
   62Q.    Authorisation for purposes of Privacy Act  
   62R.    Disclosure to a court  

              Subdivision D--Miscellaneous

   62S.    Extracts of information to be admissible in evidence  
   62T.    Annual report  
   62U.    Rules  

           Division 2--Miscellaneous

   63.     ASIC's functions and powers  
   64.     Directions by Minister  
   65.     Arrangements with States and Territories  
   66.     ASIC may arrange for use of computer programs to make decisions  
   67.     Forms for documents to be lodged with ASIC  
   68.     Manner in which documents to be lodged with ASIC  
   69.     ASIC may refuse to receive document etc.  
   70.     Fees are payable to ASIC on behalf of the Commonwealth  
   71.     When is an application fee fully paid?  
   72.     Waiver and refund of fees  
   73.     Address for receipt of notices  
   74.     ASIC may destroy or dispose of certain documents  
   75.     ASIC may issue formal warning  
   76.     Interaction with Australian Business Register  
   77.     Protection of confidentiality of information  
   78.     Liability for damages  
   79.     Delegation  
   80.     Minister may delegate prescribed functions and powers under this Act  

   PART 10--GENERAL

   81.     Application of this Act to partnerships  
   82.     Principal contact of a partnership  
   83.     Application of this Act to unincorporated associations and bodies  
   84.     Principal contact of an unincorporated association or body  
   85.     Application of this Act to a trust with 2 or more trustees  
   86.     Principal contact of a trust  
   87.     Joint ventures  
   89.     Entities that have ceased to exist  
   90.     Regulations  
           SCHEDULE 1 Notified State/Territory registers