New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 17

17 Cancellation of registration in relation to business name generally

(1) The Director-General may cancel the registration of a business name:

(a) if the business name has been registered in contravention of section 6, whether by inadvertence or otherwise, or

(b) if the requirements of section 11, 12, 13 or 14 have not been complied with in relation to the business name, or

(c) in the case of a business name that includes the word “police”, if the Director-General receives notice that consent to the use of that name has been revoked under section 204B of the Police Act 1990 , or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name that includes the word “sheriff”, if the Director-General receives notice that consent to the use of that name has been revoked under section 12 of the Sheriff Act 2005 .

(2) The Director-General may also cancel the registration of a business name:

(a) if none of the persons in whose names the business name is registered has carried on business in New South Wales during the previous 2 months, and

(b) if the Director-General is of the opinion that none of those persons intends to carry on business in New South Wales in the immediate future.

(3) The Director-General may also cancel the registration of a business name:

(a) if none of the persons in whose names the business name is registered has carried on business under that name in New South Wales during the previous 2 months, and

(b) if the Director-General has received, but not yet determined, an application by some other person to register a business name that is identical to, or closely resembles, that name, and

(c) if the Director-General is of the opinion that the public would be likely to be misled if business were to be carried on in New South Wales under both names.

(4) Action may not be taken under this section with respect to a business name unless the Director-General:

(a) has caused notice of the proposed action (including reasons for the proposed action) to be given to each person in whose name the business name is registered, and

(b) has given each such person at least 28 days within which to make written submissions to the Director-General in relation to the proposed action, and

(c) has taken all such submissions into consideration.