This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Business Names Act 2002 (the Principal Act)
so as:

(a) to provide for the restoration of the registration of a business name within 3 months of the registration expiring, and
(b) to prohibit the registration of a business name containing the word “sheriff” without consent, and
(c) to allow the transfer of the registration of a business name to a person aged 16 years or over, and
(d) to include a specific regulation-making power with respect to the refund and waiver of fees.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Business Names Act 2002 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made by the proposed Act have commenced. Once the amendments have commenced the proposed Act will be spent and section 30 of the Interpretation Act 1987 provides that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] amends section 3 of the Principal Act to update definitions as a consequence of administrative changes affecting the former department of Fair Trading.

Schedule 1 [2] amends section 5 (3) (a) of the Principal Act so that an application for transfer of registration of a business name may be made by a person aged 16 years or over. This amendment will establish a consistent minimum age of 16 years as the age at which a person may apply for the registration or transfer of a business name and will achieve consistency between sections 35 (1) and 37 (3) of the Licensing and Registration (Uniform Procedures) Act 2002 (which is applied by the Principal Act).

Schedule 1 [3] substitutes section 5 (3) (c) of the Principal Act to provide for the restoration of registration of business names. Such restoration must be applied for within 3 months of the expiration of the registered business name. Schedule 1 [5] amends section 6 (3) (a) of the Principal Act to ensure that business names capable of restoration are protected from being registered by another person.

Schedule 1 [4] amends section 6 of the Principal Act so as to prohibit the registration of business names containing the word “sheriff” unless such registration has been consented to by the Sheriff under the Sheriff Act 2005. Schedule 1 [6] amends section 17 (1) of the Principal Act so that a registered business name containing the word “sheriff” may be cancelled in the event that consent to the use of that name is revoked.

Schedule 1 [7] amends section 23 of the Principal Act to make it clear that section 23 does not limit the operation of rules of court.

Schedule 1 [8] amends section 40 of the Principal Act so as to extend the regulation-making power to include the power to make regulations for or with respect to the refund and waiver of fees.

Schedule 1 [9] amends Schedule 2 to the Principal Act to enable regulations of a savings or transitional nature to be made as a consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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