Australian Capital Territory Consolidated Regulations

BUSINESS NAMES REGULATION 1966 - NOTES

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     corporation

              •     document

              •     registrar-general.

Note 3     Terms used in this regulation have the same meaning that they have in the Business Names Act 1963 (see Legislation Act, s 148). For example, the following term is defined in the Business Names Act 1963, dict:

              •     business name.

"agent"—see section 4.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This regulation was originally called the Business Names Regulations and was originally made under a Commonwealth ordinance—the Business Names Ordinance 1963 No 12 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Business Names Ordinance 1972 and the Business Names Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

This regulation was renamed by the Statute Law Amendment Act 2001, amdt 3.2 and under the Legislation Act 2001.

Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967, s 50).

    Legislation before becoming Territory enactment

Business Names Regulation 1966 No 11

notified 15 September 1966

commenced 15 September 1966

as amended by

Amendment of the Business Names Regulations 1976 No 10

notified 14 July 1976

commenced 14 July 1976

Amendments of Business Names Regulations 1976 No 19

notified 26 October 1976

commenced 1 November 1976 (s 1)

Amendments of Business Names Regulations 1977 No 20

notified 24 August 1977

commenced 24 August 1977

Regulations to revise regulations in force under ordinances of ACT 1979 No 26 sch

notified 29 November 1979

commenced 29 November 1979

Business Names Regulations (Amendment) 1982 No 16

notified 29 June 1982

commenced 1 July 1982 (s 1)

    Legislation after becoming Territory enactment

Business Names (Amendment) Act 1990 No 27 sch 2

notified 24 August 1990 (Gaz 1990 No S57)

ss 1-3 commenced 24 August 1990 (s 2 (1))

sch 2 commenced 3 September 1990 (s 2 (2))

Registrar-General (Consequential Provisions) Act 1993 No 64 sch 2

notified 6 September 1993 (Gaz 1993 No S172)

s 1, s 2 commenced 6 September 1993 (s 2 (1))

sch 2 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)

Legislation (Consequential Amendments) Act 2001 No 44 pt 49

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 49 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.8

notified LR 12 May 2005

s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

sch 3 pt 3.8 commenced 2 June 2005 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.14

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.14 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Name of regulation
s 1     am R3 LA; R4 LA

Dictionary
s 2     am 1982 No 16 s 2; Act 1990 No 27 sch 2
    sub Act 2001 No 44 amdt 1.516; A2007-3 amdt 3.63
    def agent ins 1982 No 16 s 2
    sub Act 2001 No 44 amdt 1.516; A2005-20 amdt 3.87
    om A2007-3 amdt 3.63
    def the Ordinance sub 1982 No 16 s 2
    om Act 2001 No 44 amdt 1.516

Notes
s 3     om Act 1990 No 27 sch 2
    ins A2007-3 amdt 3.63

Meaning of agent
s 4     om Act 1990 No 27 sch 2
    ins A2007-3 amdt 3.63

General requirements for documents
s 5     am 1976 No 10
    sub 1982 No 16 s 3
    am Act 1990 No 27 sch 2; Act 1993 No 64 sch 2; Act 2001 No 44 amdt 1.517, amdt 1.518

Annexures and documents accompanying forms
s 6     om 1976 No 19 s 2
    ins 1982 No. 16 s 3
    am A2005-20 amdt 3.88; ss renum R5 LA (see A2005-20 amdt 3.89)

Signature of documents
s 7     ins 1982 No 16 s 3
    am Act 2001 No 44 amdt 1.519, amdt 1.520
    sub A2005-20 amdt 3.90

Schedule 1
sch 1     om Act 1990 No 27 sch 2

Schedule 2
sch 2     am 1977 No 20 s 1, s 2; 1979 No 26 sch; 1982 No 16 s 4
    om Act 1990 No 27 sch 2

Schedule 3
sch 3     om 1976 No 19 s 3

Dictionary
dict     ins A2007-3 amdt 3.64
    def agent ins A2007-3 amdt 3.64

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1990 No 27	30 April 1991
2	Act 1993 No 64	31 January 1994
3	A2001-44	30 April 2002
4	A2001-44	2 November 2004
5	A2005-20	2 June 2005

© Australian Capital Territory 2007

Australian Capital Territory

SL1966-11

Republication No 6

Effective: 12 April 2007 – 27 May 2012

Republication date: 12 April 2007

Last amendment made by A2007-3





Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication

The republished law

This is a republication of the Business Names Regulation 1966

, made under the Business Names Act 1963

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007

. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Business Names Regulation 1966

Endnotes

Australian Capital Territory

Business Names Regulation 1966