New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 43)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Business Names Amendment Act 2006

(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definition

In this Part:
"the 1962 Act" means the Business Names Act 1962 .

3 Electronic applications for registration

(1) Despite Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 5 of this Act), an application referred to in section 41 of that Act may not be made by means of electronic communication.

(2) Subclause (1) does not limit the effect of the Electronic Transactions Act 2000 .

(3) This clause ceases to have effect on a day to be appointed by proclamation.

4 Registration of business names

Any business name that, immediately before the commencement of this clause, was registered under the 1962 Act is taken to have been registered under this Act, and its registration continues in force for the residue of the period for which it would have continued in force under the 1962 Act if this Act had not been enacted.

5 Notification of changes

Any notification given under section 12 of the 1962 Act before the commencement of this clause is taken to have been given under the corresponding provision of Division 2 of Part 2 of this Act.

6 Registration of similar business names

Section 9 (3) extends to a notice given under section 7A of the 1962 Act.

7 Requirements as to information

Any requirement under section 13 of the 1962 Act that was made before the commencement of this clause is taken to be a requirement under section 28 of this Act.

8 Stay of proceedings

Any stay of proceedings that was in force under section 14 (1) of the 1962 Act immediately before the commencement of this clause is taken to be an order for the adjournment of proceedings under section 23 (2) (a) of this Act.

9 Certificates of registration

Any certificate issued under section 23 of the 1962 Act is taken to be a certificate issued under section 26 of this Act.

10 Evidentiary matters

Section 27 of this Act extends to matters arising before the commencement of this clause.

11 Delegations

Any delegation that, immediately before the commencement of this clause, was in force under section 31A of the 1962 Act is taken to be a delegation under section 35 of this Act.

12 Continuation of certain regulations

The Business Names Regulation 2000 is taken to be a regulation under this Act, and may be amended and repealed accordingly.

13 Construction of certain references

In any Act or instrument:

(a) a reference to the 1962 Act extends to this Act, and

(b) a reference to a provisions of the 1962 Act extends to the corresponding provision of this Act.

14 General saving

Subject to this Schedule and the regulations:

(a) anything begun under a provision of the 1962 Act for which there is a corresponding provision in this Act may be continued and completed under the 1962 Act as if this Act had not been enacted, and

(b) subject to paragraph (a), anything done under a provision of the 1962 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.