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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Business Names (Commonwealth
Powers) Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Initial business names matters 3
5 Continuing business names matters 3
6 References 4
7 Amendment of Commonwealth law 5
8 Termination of references 5
9 Effect of termination of amendment reference before
termination of initial reference 6
10 Evidence of tabled text 7
Schedule 1 Savings, transitional and other provisions 8
Schedule 2 Repeal of existing business names legislation 22
Schedule 3 Consequential amendment of other legislation 23
b2010-125-94.d11
New South Wales
Business Names (Commonwealth
Powers) Bill 2011
No , 2011
A Bill for
An Act to refer certain matters relating to the registration and use of business names
to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the
Constitution of the Commonwealth; and for other purposes.
Clause 1 Business Names (Commonwealth Powers) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
(1) This Act is the Business Names (Commonwealth Powers) Act 2011. 3
(2) The purpose of this Act is to refer certain matters relating to the 4
registration and use of business names to the Parliament of the 5
Commonwealth for the purposes of section 51 (xxxvii) of the 6
Constitution of the Commonwealth. 7
2 Commencement 8
This Act commences on a day or days to be appointed by proclamation. 9
3 Definitions 10
In this Act, unless the contrary intention appears: 11
amendment reference means the reference under section 6 (2). 12
business name has the same meaning as in the tabled text. 13
continuing business names matter has the meaning given by section 5. 14
entity includes an individual, body corporate or unincorporate, 15
partnership or anything that is an entity within the meaning of the tabled 16
text. 17
exemption provision means a provision in the terms, or substantially in 18
the terms, of clause 19 (5) or clause 20 (3) of the proposed Bill for a 19
Commonwealth Act mentioned in paragraph (a) of the definition of 20
tabled text. 21
express amendment of the national business names legislation means 22
the direct amendment of the text of the national business names 23
legislation (whether by the insertion, omission, repeal, substitution or 24
relocation of words or matter) by another Commonwealth Act, but does 25
not include the enactment by a Commonwealth Act of a provision that 26
has or will have substantive effect otherwise than as part of the text of 27
the national business names legislation. 28
government body means: 29
(a) the State or an agency or authority of the State or of the State 30
acting jointly with the Commonwealth, another State or a 31
Territory, or 32
(b) a local council or county council established under the Local 33
Government Act 1993. 34
initial business names matters has the meaning given by section 4. 35
initial reference means the reference under section 6 (1). 36
Page 2
Business Names (Commonwealth Powers) Bill 2011 Clause 4
national business names instrument means any instrument (whether or 1
not of a legislative character) that is made or issued under the national 2
business names legislation. 3
national business names legislation means Commonwealth Acts 4
enacted in the terms, or substantially in the terms, of the tabled text and 5
as in force from time to time. 6
notified State register means a register that is maintained under a State 7
law and is a notified State/Territory register within the meaning given 8
by clause 6 of the proposed Bill for a Commonwealth Act mentioned in 9
paragraph (a) of the definition of tabled text. 10
registration means the inclusion of information in any system for the 11
recording of information (whether in written or electronic form). 12
State law means an Act of the State, or an instrument made under an Act 13
of the State, whenever enacted or made and as in force from time to 14
time. 15
tabled text means the text of the following proposed Bills for 16
Commonwealth Acts: 17
(a) Business Names Registration Bill 2011, 18
(b) Business Names Registration (Transitional and Consequential 19
Provisions) Bill 2011, 20
as tabled in the House of Assembly of Tasmania on 5 July 2011 by or 21
on behalf of the Minister introducing the Bill for the Business Names 22
(Commonwealth Powers) Act 2011 of that State in that House. 23
taxes means taxes, duties, charges or other imposts, however described. 24
4 Initial business names matters 25
The initial business names matters are the matters to which the 26
provisions of the tabled text relate to the extent that those matters are 27
included in the legislative powers of the Parliament of the State. 28
5 Continuing business names matters 29
(1) Each of the following matters is a continuing business names matter to 30
the extent that it is included in the legislative powers of the Parliament 31
of the State: 32
(a) the registration of business names, 33
(b) the regulation of the use of business names to assist entities who 34
engage with an entity carrying on a business under a business 35
name to identify the entity, 36
(c) the regulation of the use of business names to assist entities who 37
engage with an entity carrying on a business under a business 38
name to contact the entity, 39
Page 3
Clause 6 Business Names (Commonwealth Powers) Bill 2011
(d) the regulation of the use of business names to reduce the risks that 1
arise from an entity carrying on a business under a name that is 2
not the entity's own, 3
(e) the prohibition or restriction of the use of business names that are 4
undesirable, offensive or confusing, 5
(f) the prohibition or restriction of the use of business names by an 6
entity because: 7
(i) the entity has engaged in unlawful conduct, or 8
(ii) a person involved in the management of the entity has 9
engaged in unlawful conduct. 10
(2) However, none of the following matters is a continuing business 11
names matter: 12
(a) the imposition of a restriction on a government body affecting the 13
ability of the body to carry on business under a name, 14
(b) the imposition of a restriction on an entity affecting the ability of 15
the entity to carry on business under a name registered to the 16
entity on a notified State register, 17
(c) the imposition of a restriction on an entity affecting the ability of 18
the entity to carry on business under a name that is specified as 19
the name of the entity in a State law, 20
(d) the imposition of an obligation on a government body to include 21
a name in a communication or to display a name, 22
(e) the imposition of an obligation on an entity to include in a 23
communication, or to display, a name that is registered to the 24
entity on a notified State register, 25
(f) the imposition of an obligation on an entity to include in a 26
communication, or to display, a name that is specified as the 27
name of the entity in a State law, 28
(g) the omission of an exemption provision without the insertion of 29
an equivalent provision, or the imposition of a limitation on the 30
operation of an exemption provision, 31
(h) any matter relating to the imposition or payment of taxes under a 32
State law. 33
6 References 34
(1) The initial business names matters are referred to the Parliament of the 35
Commonwealth, but only to the extent of the making of laws with 36
respect to those matters by enacting Acts in the terms, or substantially 37
in the terms, of the tabled text. 38
Page 4
Business Names (Commonwealth Powers) Bill 2011 Clause 7
(2) Each continuing business names matter is referred to the Parliament of 1
the Commonwealth, but only to the extent of the making of laws with 2
respect to the matter by making express amendments of the national 3
business names legislation. 4
(3) The operation of each of subsections (1) and (2) is not affected by the 5
other subsection. 6
(4) The reference of a matter under subsection (1) or (2) has effect only if 7
and to the extent that the matter is not included in the legislative powers 8
of the Parliament of the Commonwealth (otherwise than by a reference 9
for the purposes of section 51 (xxxvii) of the Constitution of the 10
Commonwealth). 11
(5) Despite any provision other than section 9 (4), a reference under 12
subsection (1) or (2) has effect for a period: 13
(a) beginning when the subsection under which the reference is made 14
comes into operation, and 15
(b) ending at the end of the day fixed under section 8 (1) (a), (b) or 16
(c) as the day on which the reference is to terminate, 17
but not longer. 18
7 Amendment of Commonwealth law 19
It is the intention of the Parliament of the State that: 20
(a) the national business names legislation may be expressly 21
amended, or have its operation otherwise affected, at any time by 22
provisions of Commonwealth Acts the operation of which is 23
based on legislative powers that the Parliament of the 24
Commonwealth has apart from a reference of any matters for the 25
purposes of section 51 (xxxvii) of the Constitution of the 26
Commonwealth, and 27
(b) the national business names legislation may have its operation 28
affected, otherwise than by express amendment, at any time by 29
provisions of national business names instruments. 30
8 Termination of references 31
(1) The Governor may, at any time, by proclamation published on the NSW 32
legislation website, fix a day as the day on which: 33
(a) the initial reference and the amendment reference are to 34
terminate, or 35
(b) the amendment reference is to terminate, or 36
(c) the initial reference is to terminate (if the amendment reference 37
has been previously terminated). 38
Page 5
Clause 9 Business Names (Commonwealth Powers) Bill 2011
(2) A day fixed under subsection (1) must be no earlier than the first day 1
after the end of the period of 6 months beginning with the day on which 2
the proclamation is published. 3
(3) The Governor may, by proclamation published on the NSW legislation 4
website, revoke a proclamation published under subsection (1). 5
(4) A revoking proclamation has effect only if published before the day 6
fixed under subsection (1). 7
(5) If a revoking proclamation has effect the revoked proclamation is taken, 8
for the purposes of section 6, never to have been published but the 9
revocation does not prevent publication of a further proclamation under 10
subsection (1). 11
9 Effect of termination of amendment reference before termination of 12
initial reference 13
(1) In this section: 14
existing legislation means the national business names legislation as: 15
(a) amended by laws made under the amendment reference that have 16
come into operation before the termination, or 17
(b) amended or affected by provisions referred to in section 7 (a) or 18
(b) that have come into operation before the termination, 19
and as in operation immediately before the termination. 20
termination means the termination of the amendment reference. 21
(2) A reference in this section to provisions referred to in section 7 (b) 22
includes a reference to national business names instruments made to 23
carry out or give effect to the national business names legislation as 24
amended by laws made under the amendment reference. 25
(3) It is the intention of the Parliament of the State that, if the amendment 26
reference terminates before the initial reference terminates, the 27
termination of the amendment reference does not affect: 28
(a) laws made under the amendment reference before the 29
termination, or 30
(b) the continued operation in the State of the existing legislation or 31
of the existing legislation as: 32
(i) amended after the termination by laws referred to in 33
paragraph (a) that come into operation after the 34
termination, or 35
(ii) amended or affected after the termination by provisions 36
referred to in section 7 (a) or (b). 37
(4) Accordingly, the amendment reference continues to have effect for the 38
purposes of subsection (3) unless the initial reference is terminated. 39
Page 6
Business Names (Commonwealth Powers) Bill 2011 Clause 10
(5) Subsection (3) or (4) does not apply to or in relation to an amendment 1
of the national business names legislation that is excluded from the 2
operation of this section by the proclamation that terminates the 3
amendment reference. 4
10 Evidence of tabled text 5
(1) A certificate of the Clerk of the House of Assembly of Tasmania 6
certifying that a document is an accurate copy of the tabled text, or is an 7
accurate copy of a particular part or of particular provisions of the tabled 8
text, is admissible in evidence in any proceedings and is evidence: 9
(a) of the matter certified, and 10
(b) that the text of the proposed Commonwealth Bills was tabled in 11
the House of Assembly of Tasmania as referred to in the 12
definition of tabled text in section 3. 13
(2) Subsection (1) does not affect any other way in which the tabling or 14
content of the tabled text, or the accuracy of a copy of the tabled text or 15
of a part or provisions of the tabled text, may be established. 16
Page 7
Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 Preliminary 3
1 Definitions 4
(1) In this Schedule: 5
ASIC means the Australian Securities and Investments Commission of 6
the Commonwealth. 7
change-over day has the same meaning as it has in the Commonwealth 8
Transitional Act. 9
Commonwealth Business Names Act means a Commonwealth Act in 10
the terms, or substantially in the terms, of the proposed Business Names 11
Registration Bill 2011 referred to in paragraph (a) of the definition of 12
tabled text in section 3, as in force from time to time. 13
Commonwealth Register means the Business Names Register 14
established under the Commonwealth Business Names Act. 15
Commonwealth Transitional Act means a Commonwealth Act in the 16
terms, or substantially in the terms, of the proposed Business Names 17
Registration (Transitional and Consequential Provisions) Bill 2011 18
referred to in paragraph (b) of the definition of tabled text in section 3, 19
as in force from time to time. 20
Director-General means: 21
(a) the Commissioner for Fair Trading, Department of Finance and 22
Services, or 23
(b) if no such position exists--the Director-General of the 24
Department of Finance and Services. 25
existing business names legislation means: 26
(a) the Business Names Act 2002 and any regulation made under that 27
Act, and 28
(b) the Licensing and Registration (Uniform Procedures) Act 2002 29
as applied by section 5 of the Business Names Act 2002 to and in 30
respect of registration of a business name. 31
function includes a power, authority or duty, and exercise a function 32
includes perform a duty. 33
matter includes an act, omission, body, person and thing. 34
new business names legislation means: 35
(a) the Commonwealth Business Names Act and any instrument 36
made under that Act, and 37
Page 8
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(b) the Commonwealth Transitional Act and any instrument made 1
under that Act. 2
pre-transfer transitional period means the period: 3
(a) commencing on the day that is 28 days before the change-over 4
day (or such other day as may be prescribed by the regulations), 5
and 6
(b) ending on the change-over day. 7
previous State Business Names Act means any of the following: 8
(a) the Business Names Act 1934, 9
(b) the Business Names Act 1962, 10
(c) the Business Names Act 2002. 11
State Minister means the Minister administering this Act. 12
State Register means the register of business names referred to in 13
section 20 of the Business Names Act 2002. 14
(2) A reference in this Schedule to an Act or statutory rule that is repealed 15
by Schedule 2 is, on and from the day on which the Act or statutory rule 16
is repealed, a reference to the Act or statutory rule as in force 17
immediately before that day. 18
(3) If a provision of this Schedule provides for an event or other thing to 19
commence, end or occur on the change-over day or any other day, that 20
event or thing is taken to commence, end or occur at the beginning of 21
that day. 22
(4) Notes included in this Schedule do not form part of this Act. 23
Part 2 Transfer of functions to Commonwealth 24
Division 1 Information transfer 25
2 Provision of information and notices to the Commonwealth 26
(1) The Director-General is specifically authorised: 27
(a) to provide the Commonwealth, ASIC or any officer of the 28
Commonwealth or ASIC with such information recorded in, or 29
concerning the use of, the State Register as the Director-General 30
considers appropriate in order to assist the Commonwealth and 31
ASIC to establish and maintain the Commonwealth Register, and 32
(b) to act on behalf of the State in connection with the giving of 33
notices to ASIC by the State for the purposes of the provisions of 34
Schedule 1 to the Commonwealth Transitional Act. 35
Note. Schedule 1 to the Commonwealth Transitional Act provides for notices to 36
be given by the State to ASIC for the registration of existing business names in 37
Page 9
Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
the Commonwealth Register. The Schedule also enables the State to notify 1
ASIC that a business name is to be held while outstanding matters in relation to 2
the name are resolved under State law. 3
(2) Without limiting subclause (1), the Director-General is also specifically 4
authorised to provide any of the following persons with such 5
information recorded in the State Register as the Director-General 6
considers appropriate in order to assist in verifying the accuracy of 7
information recorded in the State Register for the purposes of data 8
migration to the Commonwealth Register: 9
(a) any person in whose name a business name is (or was) registered 10
in the State Register, 11
(b) any other person engaged by the Director-General to assist, or 12
who is otherwise involved in assisting, in the migration of data 13
from the State Register to the Commonwealth Register. 14
(3) The Director-General may charge fees with respect to the provision of 15
information under subclause (2). 16
(4) The Director-General may provide the information that the 17
Director-General is authorised to provide under this clause in whatever 18
form (including by means of electronic data or in a form approved for 19
the purposes of the new business names legislation) as the 20
Director-General considers appropriate. 21
(5) Subject to subclause (6), the provisions of this clause prevail to the 22
extent of any inconsistency with the provisions of any other Act or 23
statutory rule. 24
(6) The provisions of this clause are in addition to, and do not derogate 25
from, the provisions of section 9A of the Fair Trading Act 1987. 26
Division 2 Application of existing business names 27
legislation generally 28
3 Existing business names legislation ceases to have effect on 29
change-over day 30
(1) The existing business names legislation ceases to have effect in relation 31
to business names (within the meaning of the Business Names Act 2002) 32
on the change-over day, except as provided otherwise by this Part. 33
(2) If a provision of the existing business names legislation (the primary 34
provision) is continued in effect by this Part: 35
(a) any other provision of the existing business names legislation (a 36
related provision) that is referred to in the primary provision is 37
also continued in effect to the extent necessary for the purposes 38
of the continued application of the primary provision, and 39
Page 10
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(b) any power to make regulations in respect of a matter that is 1
conferred by the primary provision or a related provision is taken 2
on and after the change-over day to include a power for the matter 3
to be prescribed by regulations made under this Act. 4
(3) The regulations under the Business Names Act 2002 as in force 5
immediately before the change-over day continue to apply for the 6
purposes of a primary provision or related provision that confers a 7
regulation-making power for a matter under the Business Names Act 8
2002 until regulations are made under this Act for that matter. 9
(4) This Part has effect: 10
(a) despite anything to the contrary in the existing business names 11
legislation, and 12
(b) in relation to provisions of the existing business names legislation 13
that this Part continues in effect on or after the change-over day 14
even after the legislation is repealed by Schedule 2. 15
Note. Schedule 2, when read with section 2, provides for the repeal of the 16
Business Names Act 2002 and regulations made under that Act on a day or 17
days appointed by proclamation. 18
4 Offences under existing business names legislation 19
The provisions of the existing business names legislation and the Fines 20
Act 1996 continue to apply on and after the change-over day in relation 21
to offences committed, or alleged to have been committed, before that 22
day. 23
5 Fees and charges payable under existing business names legislation 24
(1) Any fees and charges that were payable under the existing business 25
names legislation immediately before the change-over day remain 26
recoverable by the Director-General in a court of competent jurisdiction 27
on and after that day. 28
(2) Without limiting clause 3, fees and charges that would have been 29
payable under the existing business names legislation had it continued 30
in effect continue to be payable in relation to matters being dealt with in 31
accordance with the provisions of Division 4. 32
Division 3 Exercise of registration functions under existing 33
business names legislation 34
6 Director-General may refuse to exercise registration functions 35
(1) Subject to clause 7, the Director-General may refuse to exercise a 36
registration function during the pre-transfer transitional period. 37
Page 11
Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
(2) Without limiting subclause (1), the Director-General may refuse: 1
(a) to exercise a registration function during the pre-transfer 2
transitional period in relation to a matter that was not finally 3
determined or concluded immediately before the commencement 4
of that period, and 5
(b) to give access (whether temporarily or permanently) to the State 6
Register at any time during the pre-transfer transitional period. 7
(3) In this clause: 8
registration function means any function conferred or imposed on the 9
Director-General by or under the existing business names legislation in 10
relation to the registration of business names (including, without 11
limitation, the renewal and cancellation of registration and the 12
maintenance of the State Register). 13
7 Renewal applications relating to registrations that expire on or after 14
change-over day 15
(1) An application may not be made under the existing business names 16
legislation for the renewal of the registration of a business name if that 17
registration is due to expire on or after the change-over day. 18
Note. An application for the renewal of the registration of a business name that 19
expires on or after the change-over day will need to be made in accordance with 20
the requirements of the new business names legislation on and from that day. 21
(2) The Director-General is not required to give a person in whose name a 22
business name is registered under the Business Names Act 2002 any 23
notice concerning the renewal date for the registration if the registration 24
expires on or after the change-over day. 25
8 Certificates concerning business names 26
(1) The following provisions continue to apply on and after the change-over 27
day in relation to any certificate issued under the provisions before that 28
day: 29
(a) section 26 of the Business Names Act 2002, 30
(b) section 55 of the Licensing and Registration (Uniform 31
Procedures) Act 2002 (as applied by section 5 of the Business 32
Names Act 2002). 33
(2) A copy of an entry in the Commonwealth Register in relation to a 34
business name that was originally registered under a previous State 35
Business Names Act that is provided by ASIC under section 60 of the 36
Commonwealth Business Names Act is admissible in proceedings 37
concerning a matter before the change-over day and is evidence of the 38
matters stated in the entry. 39
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Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(3) The regulations may make provision for or with respect to the issue of 1
certificates during the pre-transfer transitional period under the 2
provisions referred to in subclause (1) and any such regulations prevail 3
to the extent of any inconsistency with the provisions of the existing 4
business names legislation. 5
Division 4 Resolution of outstanding matters under existing 6
business names legislation 7
Note. The object of this Division is to enable certain matters under the existing business 8
names legislation that have not been finally resolved by the change-over day to be resolved 9
for the purpose of providing accurate and complete information to ASIC for inclusion in the 10
Commonwealth Register. 11
This Division enables these matters to be resolved as if the existing business names 12
legislation had continued in effect. As a result, the relevant decision-maker will be able to make 13
a decision indicating what would have been the result had that legislation continued in effect. 14
Once an outstanding matter is resolved, ASIC will be provided with information concerning the 15
resolution of the matter. The Commonwealth Transitional Act provides for ASIC to hold a 16
business name if it is notified by a State that there are outstanding matters to be resolved 17
before the name can be migrated to the new business names legislation. 18
9 Pending registration, renewal and restoration applications 19
(1) This clause applies to the following kinds of applications: 20
(a) an application for the registration of a business name under the 21
Business Names Act 2002 that is received by the 22
Director-General before the change-over day (but not finally 23
determined before that day), 24
(b) an application for the renewal of the registration of a business 25
name under the Business Names Act 2002 if: 26
(i) the registration of the business name is due to expire before 27
the change-over day, and 28
(ii) the application is received by the Director-General before 29
the change-over day (but not finally determined before that 30
day), 31
(c) an application for the restoration of the registration of a business 32
name under the Business Names Act 2002 if: 33
(i) the registration of the business name expired before the 34
change-over day, and 35
(ii) the application is received by the Director-General before 36
the change-over day (but not finally determined before that 37
day), 38
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Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
(d) an application for the restoration of the registration of a business 1
name under the Business Names Act 2002 if: 2
(i) the registration of the business name expired before the 3
change-over day and was not renewed by the expiry date, 4
and 5
(ii) the application is made to the Director-General on or after 6
the change-over day, and 7
(iii) the application is made within the period that would have 8
applied to the making of such an application had the 9
existing business names legislation continued in effect. 10
(2) An application to which this clause applies may, on or after the 11
change-over day, be dealt with under the existing business names 12
legislation as if the power of the Director-General under that legislation 13
to decide whether to grant the application were a power to decide 14
whether the application should have been granted had the legislation 15
continued in effect. 16
(3) This clause does not limit the power conferred on the Director-General 17
by clause 6. 18
10 Pending notices concerning changes of particulars 19
(1) This clause applies to a notice under Division 2 of Part 2 of the Business 20
Names Act 2002 that is received by the Director-General before the 21
change-over day (but not dealt with before that day). 22
(2) A notice to which this clause applies may, on or after the change-over 23
day, be dealt with under the existing business names legislation as if the 24
power of the Director-General under that legislation to alter the 25
particulars of the registration to which the notice relates were a power 26
to alter the particulars of that registration had the legislation continued 27
in effect. 28
(3) This clause does not limit the power conferred on the Director-General 29
by clause 6. 30
11 Reviewable application and cancellation decisions 31
(1) This clause applies to the following kinds of decisions: 32
(a) a decision of the Director-General to refuse to grant an 33
application under the existing business names legislation if a 34
person has a right to apply to the Administrative Decisions 35
Tribunal for a review of the decision immediately before the 36
change-over day (an existing reviewable application decision), 37
(b) a decision of the Director-General to cancel the registration of a 38
business name under the existing business names legislation if a 39
Page 14
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
person has a right to apply to the Administrative Decisions 1
Tribunal for a review of the decision immediately before the 2
change-over day (an existing reviewable cancellation decision), 3
(c) a decision of the Director-General made on or after the 4
change-over day in relation to an application to which clause 9 5
applies (a transitional application decision). 6
(2) Subject to subclause (3), an existing reviewable application decision 7
may be the subject of an application for review to the Administrative 8
Decisions Tribunal, and may be dealt with by the Tribunal, under the 9
existing business names legislation as if the right to seek the review of 10
the decision of the Director-General to refuse to grant the application 11
concerned were a right to seek a review of a decision of the 12
Director-General that the application should have been refused had the 13
legislation continued in effect. 14
(3) Subclause (2) does not apply in relation to an existing reviewable 15
application decision by the Director-General made during the 16
pre-transfer transitional period in reliance on the power conferred on the 17
Director-General by clause 6. 18
(4) An existing reviewable cancellation decision may be the subject of an 19
application for review to the Administrative Decisions Tribunal, and 20
may be dealt with by the Tribunal, under the existing business names 21
legislation as if the right to seek the review of the decision of the 22
Director-General to cancel the registration of the business name 23
concerned were a right to seek a review of a decision of the 24
Director-General that the registration should have been cancelled had 25
the legislation continued in effect. 26
(5) A transitional application decision may be the subject of an application 27
for review to the Administrative Decisions Tribunal if a decision to 28
refuse to grant the application concerned could have been subject to an 29
application for review to the Tribunal had the decision been made 30
before the change-over day. 31
(6) The Administrative Decisions Tribunal may deal with an application for 32
review made under subclause (5) as if the jurisdiction conferred on the 33
Tribunal were jurisdiction to review the decision of the 34
Director-General that the application should have been refused had the 35
existing business names legislation continued in effect. 36
(7) For the avoidance of doubt, Chapter 7 (Appeals) of the Administrative 37
Decisions Tribunal Act 1997 extends to any decision of the 38
Administrative Decisions Tribunal made on an application for review as 39
provided by this clause. 40
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Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
12 Pending proceedings 1
(1) This clause applies to the following kinds of applications: 2
(a) an application for leave made to the District Court under 3
section 8 of the Business Names Act 2002 if the application is 4
pending, but not finally determined, immediately before the 5
change-over day (an existing leave application), 6
(b) an application to the Administrative Decisions Tribunal under 7
section 52 of the Licensing and Registration (Uniform 8
Procedures) Act 2002 (as applied by section 5 of the Business 9
Names Act 2002) for the review of a decision of the 10
Director-General to refuse an application if the application to the 11
Tribunal is pending, but not finally determined, immediately 12
before the change-over day (an existing decision review 13
application), 14
(c) an application to the Administrative Decisions Tribunal under 15
section 19 of the Business Names Act 2002 for the review of a 16
decision of the Director-General to cancel the registration of a 17
business name if the application is pending, but not finally 18
determined, immediately before the change-over day (an existing 19
cancellation review application). 20
(2) An existing leave application may be determined by the District Court 21
under section 8 of the Business Names Act 2002 as if the jurisdiction of 22
the Court to grant leave for a business name to be registered in the name 23
of the person concerned were jurisdiction to grant leave for the business 24
name to be registered in the name of the person had the Act continued 25
in effect. 26
(3) An existing decision review application may be determined by the 27
Administrative Decisions Tribunal under the existing business names 28
legislation as if the jurisdiction of the Tribunal to review the decision of 29
the Director-General to refuse the application concerned were 30
jurisdiction to review a decision of the Director-General that the 31
application should have been refused had the legislation continued in 32
effect. 33
(4) An existing cancellation review application may be determined by the 34
Administrative Decisions Tribunal under the existing business names 35
legislation as if the jurisdiction of the Tribunal to review the decision of 36
the Director-General to cancel the registration were jurisdiction to 37
review a decision of the Director-General that the registration should 38
have been cancelled had the legislation continued in effect. 39
Page 16
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(5) For the avoidance of doubt, Chapter 7 (Appeals) of the Administrative 1
Decisions Tribunal Act 1997 extends to any decision of the 2
Administrative Decisions Tribunal made on an application for review as 3
provided by this clause. 4
13 Dealings of Director-General with ASIC concerning unresolved matters 5
(1) The Director-General may give notice to ASIC in accordance with the 6
new business names legislation that a business name is to be held for the 7
purposes of that legislation in order for outstanding matters to be 8
resolved under the existing business names legislation. 9
(2) The Director-General may, if satisfied that a matter to which a provision 10
of this Division applies has been finalised, give ASIC notice in 11
accordance with the new business names legislation stating (as the case 12
requires) that a business name that has been held under that legislation: 13
(a) is to be registered on the Commonwealth Register, or 14
(b) is to cease to be held by ASIC. 15
(3) This clause does not limit the generality of clause 2. 16
14 Application of existing offence provisions in relation to held business 17
names 18
(1) This clause applies in relation to a business name (a held business 19
name) if the Director-General has given ASIC a notice in accordance 20
with the new business names legislation that the business name is to be 21
held for the purposes of that legislation in order for outstanding matters 22
to be resolved under the existing business names legislation. 23
(2) Subject to subclause (3), section 4 (Business names to be registered) of 24
the Business Names Act 2002 continues to apply in relation to the use of 25
a held business name as if business names could still be registered under 26
that Act until such time as: 27
(a) the held business name is registered by ASIC under the new 28
business names legislation, or 29
(b) ASIC ceases to hold the held business name under the new 30
business names legislation. 31
Note. Item 5 (2) of Schedule 1 to the Commonwealth Transitional Act provides 32
that an entity does not commit an offence under Part 2 of the Commonwealth 33
Business Names Act while the business name is held by ASIC under the 34
Commonwealth Transitional Act. 35
(3) Subclause (2) does not apply in relation to the use of a held business 36
name if the business name would have been treated as having been 37
registered under the Business Names Act 2002 (had that Act continued 38
in effect) while the outstanding matter concerned was resolved. 39
Page 17
Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
Part 3 Miscellaneous 1
15 Compensation not payable in respect of business names transitional 2
matters 3
(1) Compensation is not payable by or on behalf of: 4
(a) the State or an authority of the State, or 5
(b) an officer, employee or agent of the State, 6
for an act or omission that is a business names transitional matter or an 7
act or omission that arises (directly or indirectly) from a business names 8
transitional matter. 9
(2) Subclause (1) applies only in respect of acts done or omitted to be done 10
in good faith. 11
(3) In this clause: 12
business names transitional matter means any of the following: 13
(a) the provision of information to the Commonwealth, ASIC, any 14
officer of the Commonwealth or ASIC or any other person for the 15
purpose of assisting the Commonwealth and ASIC in 16
establishing or maintaining the Commonwealth Register or of 17
verifying the accuracy of information recorded in the State 18
Register, 19
(b) the giving of notices by or on behalf of the State for the purposes 20
of the provisions of Schedule 1 to the Commonwealth 21
Transitional Act, 22
(c) a refusal by the Director-General to exercise a registration 23
function as provided by clause 6, 24
(d) the administration of this Act or the regulations, 25
(e) the exercise of functions under this Act or the regulations. 26
compensation includes damages and any other form of monetary 27
compensation. 28
16 Delegations by Director-General 29
(1) The Director-General may delegate the following functions of the 30
Director-General to appropriate persons: 31
(a) a function under this Schedule (apart from this power of 32
delegation), 33
(b) a function under any provision of the existing business names 34
legislation that continues to have effect on and after the 35
change-over day by operation of Part 2. 36
Page 18
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(2) The following are appropriate persons for the purposes of 1
subclause (1): 2
(a) a person engaged in the administration of the existing business 3
names legislation, 4
(b) a person engaged in the administration of any other Act 5
administered by the State Minister. 6
(3) A delegation that is in force immediately before the change-over day in 7
relation to a provision of the existing business names legislation that 8
continues to have effect on and after that day by operation of Part 2 has 9
effect as a delegation under this clause until it is revoked by the 10
Director-General. 11
17 Construction of references to previous State Business Names Acts 12
(1) Subject to the regulations, on and from the change-over day: 13
(a) a reference in any document to any previous State Business 14
Names Act extends to the Commonwealth Business Names Act, 15
and 16
(b) a reference in any document to a provision of any previous State 17
Business Names Act extends to the corresponding provision (if 18
any) of the Commonwealth Business Names Act. 19
(2) Without limiting section 31 of the Interpretation Act 1987, 20
subclause (1) does not operate to update a reference in a provision of a 21
law of the State if the updating of the reference would result in the 22
provision being inoperative because of an inconsistency with the new 23
business names legislation. 24
(3) The regulations may make provision for or with respect to the updating 25
of references in documents to any previous State Business Names Act 26
consequent on the enactment of the new business names legislation. 27
(4) In this clause: 28
document means: 29
(a) any Act or statutory instrument other than: 30
(i) this Act or an instrument made under this Act, or 31
(ii) the Business Names Act 2002, or an instrument made under 32
that Act, to the extent that it is continued in effect by Part 2 33
of this Schedule, or 34
(b) any other instrument or any contract or other agreement. 35
18 Regulations 36
(1) The Governor may make regulations, not inconsistent with this Act, for 37
or with respect to any matter that by this Act is required or permitted to 38
Page 19
Business Names (Commonwealth Powers) Bill 2011
Schedule 1 Savings, transitional and other provisions
be prescribed or that is necessary or convenient to be prescribed for 1
carrying out or giving effect to this Act. 2
(2) Without limiting subclause (1), the regulations may declare a matter to 3
be an excluded matter for the purposes of section 13 of the 4
Commonwealth Business Names Act in relation to: 5
(a) the whole of the new business names legislation, or 6
(b) a specified provision of the new business names legislation, or 7
(c) the new business names legislation other than a specified 8
provision, or 9
(d) the new business names legislation otherwise than to a specified 10
extent. 11
(3) Without limiting subclause (1), the regulations may declare a specified 12
provision of an Act or statutory rule to be a business names legislation 13
displacement provision for the purposes of section 14 of the 14
Commonwealth Business Names Act (either generally or specifically in 15
relation to a provision of the new business names legislation). 16
(4) Without limiting subclauses (1)(3), the regulations may contain 17
provisions of a savings or transitional nature consequent on the 18
enactment or making of the following Acts and instruments: 19
(a) this Act, 20
(b) any other Act or instrument to the extent that it amends this Act, 21
(c) the new business names legislation or any Act or instrument of 22
the Commonwealth that amends the new business names 23
legislation. 24
(5) If the regulations so provide, any provision referred to in subclause (4) 25
may: 26
(a) have effect despite any specified provision of this Schedule or 27
another Act or statutory rule, and 28
(b) take effect from the date of assent to the Act or the making of the 29
instrument concerned or a later date. 30
(6) To the extent to which any such provision takes effect from a date that 31
is earlier than the date of its publication on the NSW legislation website, 32
the provision does not operate so as: 33
(a) to affect, in a manner prejudicial to any person (other than the 34
State or an authority of the State), the rights of that person 35
existing before the date of its publication, or 36
(b) to impose liabilities on any person (other than the State or an 37
authority of the State) in respect of anything done or omitted to 38
be done before the date of its publication. 39
Page 20
Business Names (Commonwealth Powers) Bill 2011
Savings, transitional and other provisions Schedule 1
(7) Any matter for which a regulation made under this Act makes provision 1
is taken to be a matter for which a regulatory impact statement is not 2
required for the purposes of the Subordinate Legislation Act 1989. 3
Page 21
Business Names (Commonwealth Powers) Bill 2011
Schedule 2 Repeal of existing business names legislation
Schedule 2 Repeal of existing business names 1
legislation 2
Each of the following is repealed: 3
(a) the Business Names Act 2002 No 97, 4
(b) the Business Names Regulation 2004, 5
(c) any other regulation made under the Business Names Act 2002. 6
Page 22
Business Names (Commonwealth Powers) Bill 2011
Consequential amendment of other legislation Schedule 3
Schedule 3 Consequential amendment of other 1
legislation 2
Incorporation instruction 3
1 This incorporation instruction applies if, on or before the day on which this instruction 4
commences, the Parliament of the Commonwealth enacts a Commonwealth Business 5
Names Act (within the meaning of Schedule 1) with a short title (the new title) that is 6
different from the Business Names Registration Act 2011 referred to in this Schedule 7
(the former title). 8
2 If this incorporation instruction applies, each reference in this Schedule (other than in 9
this instruction) to the former title is to be read as being a reference to the new title and, 10
accordingly, the amendments made by this Schedule are to be made by reference to 11
the new title instead of the former title. 12
3.1 Associations Incorporation Act 2009 No 7 13
Section 41 Where name must appear 14
Omit section 41 (2). 15
3.2 Associations Incorporation Regulation 2010 16
Schedule 2 Unacceptable names 17
Omit "Business Names Act 2002" from item 1. 18
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 19
3.3 Commercial Agents and Private Inquiry Agents Regulation 20
2006 21
[1] Clause 6 Applications for master licences: individuals 22
Omit "Business Names Act 2002" from clause 6 (d). 23
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 24
[2] Clause 7 Applications for master licences: corporations 25
Omit "Business Names Act 2002" from clause 7 (d). 26
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 27
Page 23
Business Names (Commonwealth Powers) Bill 2011
Schedule 3 Consequential amendment of other legislation
3.4 Conveyancers Licensing Act 2003 No 3 1
Section 19 Business names 2
Omit section 19 (4). Insert instead: 3
(4) The provisions of this section are intended to operate as referred 4
to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names 5
Registration Act 2011 of the Commonwealth. 6
Note. Section 12 (2) (e) of the Business Names Registration Act 2011 of 7
the Commonwealth (the Commonwealth Act) provides that the 8
business names legislation referred to in that section is not intended to 9
exclude or limit the concurrent operation of a law of a State that imposes 10
obligations on an entity or class of entities that are in addition to 11
obligations imposed under that Act. 12
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 13
an entity does not commit an offence under those sections concerning 14
the inclusion or display of registered business names in written 15
communications and at places of business if the inclusion, use or display 16
of a business name in such a communication or at such a place would 17
be contrary to a law of a State. 18
3.5 Fines Act 1996 No 99 19
Schedule 1 Statutory provisions under which penalty notices issued 20
Omit the matter relating to section 32 of the Business Names Act 2002. 21
3.6 Gaming Machines Act 2001 No 127 22
[1] Section 43 Prohibition on publishing gaming machine advertising 23
Omit section 43 (7). Insert instead: 24
(7) The provisions of this section are intended to operate as referred 25
to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names 26
Registration Act 2011 of the Commonwealth. 27
Note. Section 12 (2) (e) of the Business Names Registration Act 2011 of 28
the Commonwealth (the Commonwealth Act) provides that the 29
business names legislation referred to in that section is not intended to 30
exclude or limit the concurrent operation of a law of a State that imposes 31
obligations on an entity or class of entities that are in addition to 32
obligations imposed under that Act. 33
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 34
an entity does not commit an offence under those sections concerning 35
the inclusion or display of registered business names in written 36
communications and at places of business if the inclusion, use or display 37
of a business name in such a communication or at such a place would 38
be contrary to a law of a State. 39
Page 24
Business Names (Commonwealth Powers) Bill 2011
Consequential amendment of other legislation Schedule 3
[2] Section 44 Prohibition on displaying gambling-related signs 1
Omit section 44 (7). Insert instead: 2
(7) The provisions of this section are intended to operate as referred 3
to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names 4
Registration Act 2011 of the Commonwealth. 5
Note. Section 12 (2) (e) of the Business Names Registration Act 2011 of 6
the Commonwealth (the Commonwealth Act) provides that the 7
business names legislation referred to in that section is not intended to 8
exclude or limit the concurrent operation of a law of a State that imposes 9
obligations on an entity or class of entities that are in addition to 10
obligations imposed under that Act. 11
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 12
an entity does not commit an offence under those sections concerning 13
the inclusion or display of registered business names in written 14
communications and at places of business if the inclusion, use or display 15
of a business name in such a communication or at such a place would 16
be contrary to a law of a State. 17
3.7 Home Building Act 1989 No 147 18
[1] Section 7 Form of contracts 19
Omit "Business Names Act 2002" from section 7 (7). 20
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 21
[2] Section 18 Representations, generally 22
Omit "Business Names Act 2002" from section 18 (2). 23
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 24
3.8 Home Building Regulation 2004 25
Clause 85 Advertising 26
Omit "Business Names Act 2002" wherever occurring. 27
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 28
3.9 Housing Act 2001 No 52 29
Section 69B Access to information for preventing, investigating or 30
prosecuting fraud 31
Omit section 69B (1) (c). 32
Page 25
Business Names (Commonwealth Powers) Bill 2011
Schedule 3 Consequential amendment of other legislation
3.10 Licensing and Registration (Uniform Procedures) Act 2002 1
No 28 2
Schedule 2 Registration to which Part 3 of Act applies 3
Omit the matter relating to the Business Names Act 2002. 4
3.11 Motor Dealers Act 1974 No 52 5
Section 15 Name under which holder of licence may operate 6
Omit "Business Names Act 2002" from section 15 (1). 7
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 8
3.12 Motor Vehicle Repairs Act 1980 No 71 9
Section 18B Name under which holder of licence may operate 10
Omit "Business Names Act 2002" from section 18B (3). 11
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 12
3.13 Motor Vehicle Repairs Regulation 2011 13
Clause 12 Amendment of licences 14
Omit "Business Names Act 2002" wherever occurring. 15
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 16
3.14 Partnership Act 1892 No 12 17
[1] Section 49 Definitions 18
Omit the definition of Registrar. Insert instead: 19
Registrar means: 20
(a) the Commissioner for Fair Trading, Department of 21
Finance and Services, or 22
(b) if no such position exists--the Director-General of the 23
Department of Finance and Services. 24
[2] Section 55 Registration of limited partnership 25
Omit "Business Names Act 2002" from section 55 (2). 26
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 27
Page 26
Business Names (Commonwealth Powers) Bill 2011
Consequential amendment of other legislation Schedule 3
[3] Section 59 1
Omit the section. Insert instead: 2
59 Application of Business Names Registration Act 2011 of 3
Commonwealth 4
The Business Names Registration Act 2011 of the 5
Commonwealth does not require the registration of a business 6
name under that Act if the name is registered in a notified 7
State/Territory register. The Register is a notified State/Territory 8
register for the purposes of the Commonwealth Act. 9
3.15 Police Act 1990 No 47 10
[1] Section 204A Use of "police" in operating name 11
Omit section 204A (3). Insert instead: 12
(3) This section does not prevent a person or body of persons from 13
doing anything in accordance with: 14
(a) the terms of a consent in force under section 204B, or 15
(b) in relation to an operating name that is registered, or 16
required to be registered, under the Business Names 17
Registration Act 2011 of the Commonwealth--any 18
consent or other authorisation (if any) to use "police" in 19
that name given by or under that Act. 20
[2] Section 204A (5) 21
Omit "Business Names Act 2002". 22
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 23
[3] Section 204A (6) 24
Insert after section 204A (5): 25
(6) The provisions of this section and section 204B are intended to 26
operate as referred to in sections 12 (2) (b) and (e), 19 (5) and 27
20 (3) of the Business Names Registration Act 2011 of the 28
Commonwealth. 29
Note. Section 12 (2) (b) and (e) of the Business Names Registration Act 30
2011 of the Commonwealth (the Commonwealth Act) provide that the 31
business names legislation referred to in that section is not intended to 32
exclude or limit the concurrent operation of a law of a State that: 33
(a) prohibits or restricts the use of a word or expression by an entity 34
or class of entities, or 35
(b) imposes obligations on an entity or class of entities that are in 36
addition to obligations imposed under that Act. 37
Page 27
Business Names (Commonwealth Powers) Bill 2011
Schedule 3 Consequential amendment of other legislation
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 1
an entity does not commit an offence under those sections concerning 2
the inclusion or display of registered business names in written 3
communications and at places of business if the inclusion, use or display 4
of a business name in such a communication or at such a place would 5
be contrary to a law of a State. 6
[4] Section 204B Consents for the purposes of section 204A 7
Omit section 204B (5) (b) and the note to the subsection. Insert instead: 8
(b) if the consent relates to the name under which an 9
association is incorporated under the Associations 10
Incorporation Act 2009--to the Commissioner for Fair 11
Trading, Department of Finance and Services, and 12
(c) if the consent relates to a business name registered under 13
the Business Names Registration Act 2011 of the 14
Commonwealth--the Australian Securities and 15
Investments Commission. 16
Note. In the case of the name under which an association is 17
incorporated under the Associations Incorporation Act 2009, notification 18
of the Commissioner for Fair Trading, Department of Finance and 19
Services will prompt the Commissioner for Fair Trading to exercise his 20
or her powers under that Act to direct the association to change its name. 21
[5] Schedule 4 Savings, transitional and other provisions 22
Insert at the end of Schedule 4 (with appropriate Part and clause numbering): 23
Part Provision consequent on enactment of 24
Business Names (Commonwealth Powers) 25
Act 2011 26
Continuation of existing consents under section 204B 27
Any consent in force under section 204B immediately before the 28
commencement of Schedule 3.15 to the Business Names 29
(Commonwealth Powers) Act 2011 continues in force until such 30
time as it is revoked under that section (as amended). 31
3.16 Printing and Newspapers Act 1973 No 46 32
[1] Section 3 Provisions in respect of certain printed documents 33
Omit "Business Names Act 2002" from section 3 (1) (d). 34
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 35
Page 28
Business Names (Commonwealth Powers) Bill 2011
Consequential amendment of other legislation Schedule 3
[2] Section 4 Provision in respect of printing and publishing newspapers 1
Omit "Business Names Act 2002" from section 4 (1) (a). 2
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 3
3.17 Property, Stock and Business Agents Act 2002 No 66 4
[1] Section 30 Business names 5
Omit "Business Names Act 2002" from section 30 (1) (b). 6
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 7
[2] Section 30 (6) 8
Omit the subsection. Insert instead: 9
(6) The provisions of this section are intended to operate as referred 10
to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names 11
Registration Act 2011 of the Commonwealth. 12
Note. Section 12 (2) (e) of the Business Names Registration Act 2011 of 13
the Commonwealth (the Commonwealth Act) provides that the 14
business names legislation referred to in that section is not intended to 15
exclude or limit the concurrent operation of a law of a State that imposes 16
obligations on an entity or class of entities that are in addition to 17
obligations imposed under that Act. 18
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 19
an entity does not commit an offence under those sections concerning 20
the inclusion or display of registered business names in written 21
communications and at places of business if the inclusion, use or display 22
of a business name in such a communication or at such a place would 23
be contrary to a law of a State. 24
3.18 Security Industry Regulation 2007 25
[1] Clause 13 Information and particulars to accompany licence application: 26
section 14 (2) (b) 27
Omit "Business Names Act 2002" wherever occurring. 28
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 29
[2] Clause 33 Job advertisements 30
Omit "business or proper name (within the meaning of the Business Names Act 31
2002)". 32
Insert instead "business name (within the meaning of the Business Names 33
Registration Act 2011 of the Commonwealth) or proper name". 34
Page 29
Business Names (Commonwealth Powers) Bill 2011
Schedule 3 Consequential amendment of other legislation
[3] Clause 33 (2) 1
Insert at the end of clause 33: 2
(2) In this clause: 3
proper name means: 4
(a) in relation to an individual: 5
(i) the individual's full name, or 6
(ii) the individual's family name, together with the 7
initials or abbreviations of one or more of the 8
individual's given names, and 9
(b) in relation to a corporation, the corporation's corporate 10
name. 11
[4] Clause 38B Information and particulars to accompany permit application 12
Omit "Business Names Act 2002" from clause 38B (2) (b). 13
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 14
3.19 Sheriff Act 2005 No 6 15
[1] Section 11 Use of word "sheriff" in operating name 16
Omit "Business Names Act 2002" from section 11 (5). 17
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 18
[2] Section 11 (6) 19
Insert after section 11 (5): 20
(6) The provisions of this section and section 12 are intended to 21
operate as referred to in sections 12 (2) (b) and (e), 19 (5) and 22
20 (3) of the Business Names Registration Act 2011 of the 23
Commonwealth. 24
Note. Section 12 (2) (b) and (e) of the Business Names Registration Act 25
2011 of the Commonwealth (the Commonwealth Act) provide that the 26
business names legislation referred to in that section is not intended to 27
exclude or limit the concurrent operation of a law of a State that: 28
(a) prohibits or restricts the use of a word or expression by an entity 29
or class of entities, or 30
(b) imposes obligations on an entity or class of entities that are in 31
addition to obligations imposed under that Act. 32
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that 33
an entity does not commit an offence under those sections concerning 34
the inclusion or display of registered business names in written 35
communications and at places of business if the inclusion, use or display 36
of a business name in such a communication or at such a place would 37
be contrary to a law of a State. 38
Page 30
Business Names (Commonwealth Powers) Bill 2011
Consequential amendment of other legislation Schedule 3
[3] Section 12 Consents for the purposes of section 11 1
Omit section 12 (5) (b) and the note to the subsection. Insert instead: 2
(b) if the consent relates to the name under which an 3
association is incorporated under the Associations 4
Incorporation Act 2009--to the Director-General of the 5
Department of Finance and Services, and 6
(c) if the consent relates to a business name registered under 7
the Business Names Registration Act 2011 of the 8
Commonwealth--the Australian Securities and 9
Investments Commission. 10
Note. In the case of the name under which an association is 11
incorporated under the Associations Incorporation Act 2009, notification 12
of the Director-General of the Department of Finance and Services will 13
prompt the Director-General to exercise his or her powers under that Act 14
to direct the association to change its name. 15
[4] Section 12 (6) and (7) 16
Omit "Department of Commerce" wherever occurring. 17
Insert instead "Department of Finance and Services". 18
[5] Schedule 2 Savings, transitional and other provisions 19
Insert at the end of Schedule 2 (with appropriate Part and clause numbering): 20
Part Provision consequent on enactment of 21
Business Names (Commonwealth Powers) 22
Act 2011 23
Continuation of existing consents under section 12 24
Any consent in force under section 12 immediately before the 25
commencement of Schedule 3.19 to the Business Names 26
(Commonwealth Powers) Act 2011 continues in force until such 27
time as it is revoked under that section (as amended). 28
3.20 Sheriff Regulation 2011 29
Clause 7 Matters for consideration for consents 30
Omit "Business Names Act 2002" from clause 7 (a). 31
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 32
Page 31
Business Names (Commonwealth Powers) Bill 2011
Schedule 3 Consequential amendment of other legislation
3.21 Travel Agents Act 1986 No 5 1
[1] Section 12 Name under which licensee may operate 2
Omit "Business Names Act 2002" from section 12 (1). 3
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 4
[2] Section 35 Name to appear on documents 5
Omit "does not affect the operation of section 24 of the Business Names Act 6
2002" from section 35 (3). 7
Insert instead "is not intended to affect any requirement concerning the use of 8
business names under the Business Names Registration Act 2011 of the 9
Commonwealth". 10
3.22 Veterinary Practice Regulation 2006 11
Clause 14 Licensing procedures 12
Omit "Business Names Act 2002". 13
Insert instead "Business Names Registration Act 2011 of the Commonwealth". 14
Page 32
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