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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Business Names Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Business Names Act 2002 No 97 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Business Names Amendment Bill 2006
Act No , 2006
An Act to amend the Business Names Act 2002 to make further provision with
respect to the registration and use of business names; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Business Names Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Business Names Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Business Names Act 2002 No 97
The Business Names Act 2002 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Business Names Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Omit the definitions of Department and Director-General from section 3 (1).
Insert instead:
Department means the Department of Commerce.
Director-General means:
(a) the Commissioner for Fair Trading, Department of
Commerce, or
(b) if there is no such position in the Department--the
Director-General of the Department.
[2] Section 5 Application to registration of Licensing and Registration
(Uniform Procedures) Act 2002
Omit "section 35 (1)" from section 5 (3) (a).
Insert instead "sections 35 (1) and 37 (3)".
[3] Section 5 (3) (c)
Omit the paragraph. Insert instead:
(c) applications for restoration of registration under section 39
of that Act must be made within 3 months of the
registration expiring.
[4] Section 6 Refusal of registration of certain business names
Insert after section 6 (2A):
(2B) A business name that includes the word "sheriff" is not to be
registered unless the use of that name is the subject of a consent
granted under section 12 of the Sheriff Act 2005.
[5] Section 6 (3) (a)
Insert ", or existing business name capable of restoration under section 5 (3)
(c)," after "business name".
Page 3
Business Names Amendment Bill 2006
Schedule 1 Amendments
[6] Section 17 Cancellation of registration in relation to business name
generally
Insert at the end of section 17 (1) (c):
, or
(d) in the case of a business name that includes the word
"sheriff", if the Director-General receives notice that
consent to the use of that name has been revoked under
section 12 of the Sheriff Act 2005.
[7] Section 23 Effect of certain contraventions on legal proceedings
Insert after section 23 (3):
(4) This section does not limit the operation of the rules of a court on
legal proceedings.
[8] Section 40 Regulations
Insert at the end of the section:
(2) In particular the regulations may make provision for or with
respect to the refund or waiver of the whole or any part of a fee
payable under this Act.
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Business Names Amendment Act 2006
Page 4
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