New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 204B

204B Consents for the purposes of section 204A

(1) The Commissioner may grant consent to any person or body of persons to carry on any activity under an operating name (within the meaning of section 204A) that includes the word “police”, either unconditionally or subject to such conditions as the Commissioner considers appropriate to impose on the consent.

(2) A consent may be revoked by the Commissioner at any time.

(3) In deciding whether or not to grant or revoke a consent, the Commissioner must have regard to such matters (if any) as are prescribed by the regulations.

(4) Before revoking a consent, the Commissioner:

(a) must serve notice of the proposed revocation on the person or body of persons having the benefit of the consent, and

(b) must allow that person or body at least 14 days within which to make submissions with respect to the proposed revocation, and

(c) must have regard to any submissions that are duly made with respect to the proposed revocation.

(5) As soon as practicable after revoking a consent, the Commissioner must cause notice of that fact to be given:

(a) to the person or body of persons concerned, and

(b) if the consent relates to the name under which an association is incorporated under the Associations Incorporation Act 2009 -to the Commissioner for Fair Trading, Department of Finance and Services, and

(c) if the consent relates to a business name registered under the Business Names Registration Act 2011 of the Commonwealth-the Australian Securities and Investments Commission.

Note: In the case of the name under which an association is incorporated under the Associations Incorporation Act 2009 , notification of the Commissioner for Fair Trading, Department of Finance and Services will prompt the Commissioner for Fair Trading to exercise his or her powers under that Act to direct the association to change its name.

(6) A consent that is revoked ceases to have effect:

(a) except as provided by paragraph (b):

(i) at the end of 28 days after notice of the revocation is served on the person or body of persons concerned, or

(ii) at such later time as may be specified in the notice of revocation, or

(b) in the case of a consent that relates to the name under which an association is incorporated under the Associations Incorporation Act 2009 :

(i) on the date on which the Commissioner for Fair Trading, Department of Commerce issues a certificate of incorporation in respect of the association’s new name under section 12 (3) of that Act, or

(ii) on the date on which the Commissioner for Fair Trading, Department of Commerce cancels the association’s incorporation under section 76 of that Act,

as the case may be.