BUSINESS NAMES REGISTRATION (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) ACT 2011 - NOTES

BUSINESS NAMES REGISTRATION (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) ACT 2011 - NOTES

No. 127, 2011

Compilation No. 5

Compilation date: 10 August 2022

Includes amendments up to: Act No. 35, 2022

Registered: 15 September 2022

About this compilation

This compilation

This is a compilation of the Business Names Registration (Transitional and Consequential Provisions) Act 2011 that shows the text of the law as amended and in force on 10 August 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Dictionary

Schedule 1--Transitional provisions

Part 1--Business names registered on change-over day

Part 2--Business names held on change-over day to resolve outstanding matters

Part 3--Entities disqualified on registration under this Act

Part 4--Information-gathering for transitional purposes

Part 5--Distinguishing grandfathered business names that are identical or nearly identical

Part 6--Aligning registration periods

Part 7--Other obligations to give information to ASIC

Part 8--Preserving exemptions and protecting information

Part 9--Review

Part 10--Miscellaneous

Schedule 2--Consequential amendments

Part 1--Amendments commencing on change-over day

A New Tax System (Australian Business Number) Act 1999

ANL Act 1956

Australian Securities and Investments Commission Act 2001

Bank Integration Act 1991

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Corporations Act 2001

Defence Service Homes Act 1918

Financial Transaction Reports Act 1988

Olympic Insignia Protection Act 1987

Qantas Sale Act 1992

Wine Australia Corporation Act 1980

Part 2--Amendment commencing on first anniversary of change-over day

A New Tax System (Australian Business Number) Act 1999

Schedule 3--Transitional provisions for the Treasury Laws Amendment (2019 Measures No. 3) Act 2020

Schedule 4--Application and transitional provisions for the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history