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This is a Bill, not an Act. For current law, see the Acts databases.
BUSINESS NAMES BILL 2006
Serial 73
Business Names Bill
2006
Mr
Stirling
AN ACT
about
the registration of business names
NORTHERN TERRITORY OF
AUSTRALIA
BUSINESS NAMES ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
Division
1 – Preliminary matters
Short title
This Act may be cited as the Business Names Act
2006.
Commencement
This Act commences on the date fixed by the Administrator
by Gazette notice.
Division
2 – Interpretation
Definitions
In this Act:
"approved form" means a form approved by the Commissioner
under section ;
"business" includes trade and profession;
"business address", for a business name,
means:
(a) the place shown in the register as the place where
business is conducted under the business name; or
(b) if more than one place is shown in the register as the
place where business is conducted under the business name – the place
shown in the register as the principal place where business is
conducted;
"business name" means a name, style, title or designation
under which a business is conducted;
"Commissioner" means the person holding or occupying the
office of Commissioner of Consumer Affairs under the Consumer Affairs and
Fair Trading Act;
"conducting business", see section ;
"corporation" means a body corporate registered as a
corporation under the Corporations Act 2001;
"Default penalty", see section ;
"information notice" means a written notice to a person
about a decision stating:
(a) the decision; and
(b) the reasons for the decision; and
(c) that the person may appeal to the Local Court against
the decision within 28 days after receipt of the notice;
"misleading information", includes information that is
misleading because it:
(a) does not include relevant information;
or
(b) includes misinformation;
"officer", of a corporation, means an officer of a
corporation as defined in paragraphs (a) and (c) to (g) of the definition of
"officer of a corporation" in section 9 of the Corporations Act
2001;
"on-line service" means an Internet carriage service as
defined in the Broadcasting Services Act 1992 (Cth);
"prescribed fee" means a fee prescribed by
regulation;
"prohibited name" means a name, or a name of a kind, for
which a direction under section is in force;
"register" means the register of business
names;
"registered person", see section .
Conducting business in Territory
(1) Conducting business in the Territory
includes:
(a) establishing a place of business; and
(b) soliciting or procuring an order from a person in the
Territory.
(2) A person is not regarded as conducting business in the
Territory merely because, in the Territory, the person:
(a) is or becomes a party to an action or suit or any
administrative or arbitration proceeding, or settles an action, suit or
proceeding or any claim or dispute; or
(b) maintains an ADI account; or
(c) effects a sale through an independent contractor;
or
(d) creates evidence of a debt or creates a charge on real
or personal property; or
(e) secures or collects any of the person's debts or
enforces the person's rights in relation to any securities for such debts;
or
(f) conducts an isolated transaction that is completed
within 28 days, but not being one of a number of similar transactions repeated
from time to time; or
(g) invests the person's funds or holds
property.
Registered person
(1) In this Act, a reference to "the registered person" for
a business name registered under this Act is a reference to:
(a) if the name is registered in one person's name only
– the person; or
(b) if the name is registered in more than one person's name
– those persons.
(2) In this Act, a reference to "a registered person" for a
business name registered under this Act is a reference to:
(a) if the name is registered in one person's name only
– the person; or
(b) if the name is registered in more than one person's name
– any one of the persons.
Declared offences for Criminal Code
An offence against this Act is an offence to which Part
IIAA of the Criminal Code applies.
Note
Part IIAA of the Criminal Code states the general principles of criminal
responsibility (including burdens of proof and general defences) and defines
terms used for offences.
Division
3 – Application of Act
Effect of contravention of Act
A contravention of a provision of this Act does not operate
to avoid an agreement, transaction, act or matter.
Person appointed to conduct business
For this Act, a business conducted by a receiver, manager,
administrator or trustee (an "appointee") appointed under any agreement or court
order, or under any law, is taken to be conducted by the person for whom the
appointee is appointed.
part
2 – registration of business names
Division
1 – Requirement for registration of business
names
Certain business names to be registered
(1) A person must not, either alone or in association with
another person (an "associate"), conduct business in the Territory under a
business name unless the business name is registered under this Act in the name
of the person and each associate.
Maximum penalty: 100 penalty units.
Default penalty: 1 penalty unit.
(2) Subsection (1) does not apply if:
(a) the business name consists of the name of the person and
the name of each associate, without any addition; or
(b) orders for the goods and services provided by the
business are received only by way of on-line service; or
(c) the business name is the equivalent, in foreign language
characters, of a business name registered under this Act in the name of the
person and any associates.
(3) A person does not commit an offence against subsection
(1) if:
(a) the person conducts business under a business name
previously registered under this Act; and
(b) the registration has expired; and
(c) within 28 days after its expiry, an application for
renewal of registration of the business name is made under section
.
(4) For subsection (2), the individual's name consists
of:
(a) the individual's full name; or
(b) the individual's surname and one of the
following:
(i) the individual's given name or names;
(ii) the initial or initials of the individual's given name
or names;
(iii) a combination of one or more of the individual's given
name and the initial or initials of the individual's remaining given name or
names;
(iv) the name or names by which the individual is commonly
known or the initial or initials by which the individual is commonly known or
any combination of one or more of the names and initials.
(5) For subsection (2), the name of a corporation is the
name under which the corporation is registered under the Corporations Act
2001.
(6) For subsection (2)(a), the addition to a business name
of words indicating the business is conducted in succession to the former
registered person for the name is not an addition to the business
name.
Division
2 – Registration process
Application for registration
(1) A person may apply to the Commissioner for registration
of a business name.
(2) The application must:
(a) be made in the approved form; and
(b) be signed by the applicant; and
(c) be accompanied by the prescribed fee.
(3) The application must not be made more than 2 months
before the date shown in it as the date or proposed date of commencement of the
business.
Decision on application
(1) On consideration of the application, the Commissioner
must:
(a) register the business name; or
(b) refuse to register the business name.
(2) If the Commissioner decides to register the business
name, the Commissioner must issue to the applicant a certificate of registration
in the approved form for the business name.
(3) If the Commissioner decides to refuse to register the
business name, the Commissioner must give the applicant an information notice
for the decision.
Refusal of application – general
The Commissioner must refuse to register the business name
if the Commissioner is not satisfied the particulars stated in the application
are correct.
Refusal of application – undesirable or prohibited
names
(1) The Commissioner must refuse to register a business
name if the name is:
(a) a name the Commissioner considers undesirable;
or
(b) a prohibited name.
(2) Subsection (1) does not apply if the Minister consents
to the registration of the name under subsection (3).
(3) The Minister may consent to the registration of the
business name if the application for registration includes an application for
the Minister's consent to register the name if it would otherwise be refused
under subsection (1).
(4) If the Minister decides to refuse to consent to the
registration of the business name under subsection (3), the Minister must give
the applicant written notice of the decision.
Duration of registration
The registration of a business name remains in force for 3
years starting:
(a) on the date of registration; or
(b) if the registration is renewed under Division 3 –
immediately after the expiry of the registration or previous renewal of
registration.
Division
3 – Renewal of registration
Notice of renewal
(1) The Commissioner must give to the registered person for
a business name written notice of the date on which the registration of the
business name expires.
(2) The notice must be given not more than 28 days before
expiry.
Application for renewal of registration
(1) The person who is, or was, the registered person for
the business name may apply to the Commissioner for renewal of registration of
the business name.
(2) The application must:
(a) be made in the approved form; and
(b) be signed by a person who is, or was, a registered
person for the business name; and
(c) be accompanied by the prescribed fee.
(3) The application may be made:
(a) not more than 28 days before expiry of the registration;
or
(b) within 28 days after expiry of the
registration.
Renewal of registration
If the application is properly made, on receipt of the
application the Commissioner must immediately renew the
registration.
Re-using expired business name
(1) This section applies if the registration of a business
name has expired.
(2) The Commissioner must not accept for registration any
business name that is identical to the business name or that, in the
Commissioner's opinion, closely resembles it, unless:
(a) the application for registration is made at least 28
days after the expiry of the registration; and
(b) no application for renewal of the registration was made
within
28 days after expiry of the
registration.
(3) However, subsection (2) does not apply if the
application is made:
(a) by
the person who, immediately before the registration expired, was the registered
person for the business name; or
(b) with the consent of the person who was the registered
person for the business name immediately before the registration
expired.
Division
4 – Change in particulars of registration
Notice of change in particulars
(1) This section applies if any of the following events
happen in relation to a registered business name:
(a) a change occurs in the description of the nature of the
business;
(b) a change occurs in the business address or another
address shown on the register as a place where business is conducted under the
business name;
(c) a change occurs in the email address listed on the
register for the business;
(d) a change occurs in:
(i) the name or the place of residence of a registered
person for the business name who is an individual; or
(ii) the corporate name or the place of the registered
office in the Territory of a registered person for the business name that is a
corporation;
(e) another person commences to conduct business in the
Territory under the business name in place of, or in association with, the
registered person for the business name.
(2) Written notice about the event must be given to the
Commissioner:
(a) by a person required to give the notice under subsection
(3)(b); and
(b) in the approved form.
(3) The notice must:
(a) be given within 14 days after the event happens or the
later period allowed by the Commissioner; and
(b) be given by:
(i) for an event mentioned in subsection (1)(a), (b) or (c)
– a registered person at the time of the change; or
(ii) for an event mentioned in subsection (1)(d) – the
person whose name, place of residence or registered office has changed;
or
(iii) for an event mentioned in subsection (1)(e) –
each person conducting business under that name immediately after the
commencement; and
(c) be accompanied by the prescribed fee.
(4) A person who is required under subsection (3) to give
notice must comply with the requirement.
Maximum penalty: 20 penalty units.
Default penalty: 1 penalty unit.
(5) It is a defence to a prosecution for an offence against
subsection (4) if the defendant has a reasonable excuse.
Notice of ceasing to conduct business under
name
(1) The registered person for a business name must give
notice under this section in the approved form to the Commissioner if the
registered person ceases to conduct business in the Territory under the
name.
(2) If a registered person is deceased, notice must be
given by the person's personal representative.
(3) The notice must:
(a) be given within 14 days after the registered person
ceases to conduct business in the Territory under the name; and
(b) be accompanied by the prescribed fee.
(4) A person who is required under subsection (1) or (2) to
give notice must comply with the requirement.
Maximum penalty: 20 penalty units.
Default penalty: 1 penalty unit.
(5) It is a defence to a prosecution for an offence against
subsection (4) if the defendant has a reasonable excuse.
Division 5 – Use and display of
business name
Display of business name
(1) The
registered person for a business name must ensure the registered business name
is displayed in legible characters on any document relating to the conduct of
the business.
Maximum penalty: 20 penalty units.
Default penalty: 1 penalty unit.
(2) The registered person for a business name must ensure
the name is displayed in a prominent place on the outside of every place at
which business is conducted under the name.
Maximum penalty: 20 penalty units.
Default penalty: 1 penalty unit.
(3) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the defendant proves that the defendant took all
reasonable steps to ensure compliance with the subsection.
Display of certificate of registration
(1) The registered person for a business name must ensure
the certificate of registration for the business name is displayed in a
prominent place at the business address.
Maximum penalty: 20 penalty units.
Default penalty: 1 penalty unit.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves that the defendant took all reasonable
steps to ensure compliance with the subsection.
Division
6 – Notices and information
Signing of notices
(1) A notice given to the Commissioner under this Act is
taken to be signed by the person required to sign the notice
if:
(a) for an individual – it is signed on the person's
behalf by a person authorised in writing to sign the notice; or
(b) for a corporation – it is signed by an officer of
the corporation.
(2) Despite any other provision of this Act, if the
Commissioner is satisfied it is not practicable to obtain the signature of a
person required by this Act to sign a notice, the Commissioner may accept the
notice without it being signed by the person.
Note
The Electronic Transactions (Northern Territory) Act provides for
notices to be given by electronic communication.
Commissioner may require statutory
declaration
The Commissioner may require verification of the
particulars stated in a document by statutory declaration.
Commissioner may require information or
document
(1) The Commissioner may, by written notice, require a
person to give information, or produce a document, to the Commissioner if the
Commissioner considers the information or document relevant to the
administration or enforcement of this Act.
(2) The notice must state the period within which the
information must be given (the "stated period").
(3) The stated period must be at least 14
days.
(4) However, the Commissioner may extend the stated period
if asked by the person before the end of the period.
(5) The person must give the information or produce the
document to the Commissioner within the stated period or that period as extended
under subsection (4).
Maximum penalty: 20 penalty units.
(6) It is a defence to a prosecution for an offence against
subsection (5) if the defendant has a reasonable excuse.
(7) The person is not excused from giving information or
producing a document on the ground that to do so might tend to incriminate the
person or make the person liable to a penalty.
(8) However, if the person objects to giving information or
producing a document on that ground, the information or document is not
admissible against the person in civil or criminal proceedings other than
proceedings for an offence in which the falsity or misleading nature of the
information or document is relevant.
Division
7 – Cancellation of registration
Registered person not conducting business under business
name
(1) The Commissioner must cancel the registration of a
business name if notice is given under section that the registered person for
the business name has ceased to conduct business in the Territory under the
name.
(2) If the Commissioner reasonably believes the registered
person for a business name is not conducting business in the Territory under the
business name, the Commissioner may give written notice to the registered person
stating:
(a) that the Commissioner proposes to cancel the
registration of the name at the end of 14 days after the notice is given to the
registered person; and
(b) the reasons for the proposed cancellation;
and
(c) that the registered person may make representations in
the 14-day period to show cause why the registration should not be
cancelled.
(3) The Commissioner must consider representations made
under subsection (2)(c).
(4) The Commissioner may cancel the registration of the
business name if, at the end of the 14-day period, the Commissioner is satisfied
the registered person for the business name is not conducting business in the
Territory under the business name.
Failure to give notice of change in
particulars
(1) If the Commissioner reasonably believes a person has
contravened a requirement of section in relation to a business name, the
Commissioner may give written notice to the registered person for the business
name stating:
(a) that the Commissioner proposes to cancel the
registration of the name at the end of 14 days after the notice is given to the
registered person unless:
(i) the provision is complied with within the 14-day period;
or
(ii) the Commissioner is satisfied there was in fact no
contravention of the provision; and
(b) the reasons for the proposed cancellation;
and
(c) that the registered person may make representations in
the 14-day period to show cause why the registration should not be
cancelled.
(2) The Commissioner must consider representations made
under subsection (1)(c).
(3) The Commissioner may cancel the registration of the
business name if, at the end of the 14-day period:
(a) the Commissioner is not satisfied there was in fact no
contravention of the provision; and
(b) the provision has not been complied
with.
Undesirable or prohibited name
(1) This section applies if a business name is registered
even though it is a name that must not be registered under section
(1).
(2) The Commissioner may give written notice to the
registered person for the business name stating:
(a) that the Commissioner proposes to cancel the
registration of the name at the end of 14 days after the notice is given to the
registered person; and
(b) the reasons for the proposed cancellation;
and
(c) that the registered person may make representations in
the 14-day period to show cause why the registration should not be
cancelled.
(3) The Commissioner must consider representations made
under subsection (2)(c).
(4) The Commissioner may cancel the registration of the
business name if, at the end of the 14-day period, the Commissioner is satisfied
the business name is a name that must not be registered under section
(1).
(5) If the Commissioner cancels the registration of the
business name under subsection (4), the Commissioner may remit the fee payable
for an application for the registration of a new business name for the
business.
Deregistered corporation
The Commissioner must cancel the registration of a business
name if:
(a) the registered person is a corporation;
and
(b) it has been deregistered under the Corporations
Act 2001.
Notice of cancellation
If, under section 26(4), 27(3) or 28(4), the Commissioner
decides to cancel the registration of a business name, the Commissioner must
give the registered person for the business name an information notice for the
decision.
Re-using expired business name
(1) This section applies if the registration of a business
name is cancelled.
(2) The Commissioner must not accept for registration any
business name that is identical to the business name or that, in the
Commissioner's opinion, closely resembles it:
(a) within 28 days after the cancellation;
or
(b) if an appeal is made against the decision to cancel the
registration under Part 3, Division 1 – until the appeal is
concluded.
Revocation of
cancellation
(1) The Commissioner may revoke a cancellation of a
business name within 28 days after cancellation if subsection (2) or (3)
applies.
(2) This subsection applies if the Commissioner is
satisfied the registration of the business name was cancelled because of an
error.
(3) This subsection applies if:
(a) the registered person for the business name was a
corporation; and
(b) the registration of the business name was cancelled
because the corporation was deregistered by ASIC; and
(c) ASIC has reinstated the registration of the
corporation.
(4) If a cancellation is revoked under subsection (1), the
business name is taken to have continued to be registered as if the registration
had not been cancelled.
PART
3 – LEGAL PROCEEDINGS AND EVIDENTIARY MATTERS
Who may appeal
(1) A person who is entitled to be given an information
notice for a decision may appeal to the Local Court against the
decision.
(2) An appeal must:
(a) be started within 28 days after:
(i) if the person receives an information notice for the
decision – the day the person receives the notice;
or
(ii) if subparagraph (i) does not apply – the day the
person becomes aware of the decision; and
(b) state fully the grounds on which it is
made.
Hearing procedure
The appeal is a hearing de novo.
Operation and implementation of decision
(1) The appeal does not affect the operation or
implementation of the decision.
(2) However, the Local Court may make an order staying or
otherwise affecting the operation or implementation of so much of the decision
as the Court considers appropriate to effectively hear and decide the
appeal.
(3) The order:
(a) is subject to any conditions stated in it;
and
(b) has effect:
(i) for the period stated in it; or
(ii) if no period is stated in it – until the Court
has decided the appeal.
Decision on appeal
(1) The Local Court must make an order:
(a) confirming the decision; or
(b) setting the decision aside and substituting its own
decision.
(2) If the Court makes an order under subsection (1)(b),
the substituted decision is, for this Act (other than this Division), taken to
be the decision of the Commissioner.
Costs
At the hearing of the appeal, the Local Court may make the
order as to costs it considers appropriate.
Misleading information
A person must not give to the Commissioner information the
person knows to be misleading in a material particular.
Maximum penalty: 50 penalty units or imprisonment for 6
months.
Misleading documents
(1) A person must not give to the Commissioner a document
containing information the person knows to be misleading in a material
particular.
Maximum penalty: 50 penalty units or imprisonment for 6
months.
(2) However, no offence is committed against subsection (1)
if the person, when giving the document to the Commissioner:
(a) draws the misleading aspect of the document to the
Commissioner's attention; and
(b) to the extent the person can reasonably do so, gives the
Commissioner the information necessary to correct the document.
Liability of executive officers of
corporations
(1) If a corporation commits an offence against this Act,
each of the executive officers of the corporation commits an offence and is
liable to the same penalty for the offence as an individual.
(2) However, it is a defence for an executive officer to
establish:
(a) the defendant did not know, and could not reasonably
have been expected to know, that the offence was to be or was being committed;
or
(b) the defendant exercised due diligence to prevent the
commission of the offence.
(3) Proceedings for an offence against this Act may be
brought against an executive officer of a corporation whether or not a
proceeding for the offence is brought against the corporation.
(4) A person is not liable to be punished by imprisonment
for an offence against this Act if the person would not have been found guilty
of the offence if subsection (1) had not been enacted.
(5) In this section:
"executive officer", of a corporation, means a person who is
concerned with, or takes part in, the management of the corporation, (whether or
not the person is a director or the person's position is given the name of
executive officer).
Confidential information
(1) This section applies if:
(a) a person is, or has been, the Commissioner or a public
sector employee performing functions ("official functions") under this Act;
and
(b) the person acquires information in the course of
performing official functions.
(2) The person is guilty of an offence if:
(a) the person discloses the information to someone else;
or
(b) the person does something that discloses the information
to someone else and is reckless about whether doing the thing would result in
the information being disclosed; or
(c) the person uses the information.
Maximum penalty: 200 penalty units or imprisonment for 2
years.
(3) Subsection (2) does not apply to:
(a) a disclosure of information made in the course of
performing official functions; or
(b) a disclosure by the person to a court or tribunal in any
proceedings; or
(c) a disclosure or use required or authorised by law;
or
(d) a disclosure or use made in the public
interest.
Default penalty
If the expression "Default penalty" appears at the end of a
section or subsection, a person who is found guilty of an offence against the
section or subsection:
(a) may be found guilty of a further offence when the person
is found guilty of the first offence if the offence continued after the date of
the first offence; and
(b) the person is punishable for the further offence by a
penalty not exceeding the amount of the stated default penalty for each day
during which the offence continued.
Division
3 – Evidentiary matters
Evidence of conducting business under name
In any proceedings, a person is taken to be conducting
business under a business name if:
(a) the business name has been displayed at a place;
and
(b) it is reasonable to infer that the business name has
reference to a business conducted at the place.
Judicial notice
In any proceedings, a signature purporting to be the
signature of the Commissioner is evidence of the signature it purports to
be.
Evidence of registration or non-registration
In any proceedings, a document issued under section (2) is
evidence of any matter contained or stated in it.
Division
4 – General matters
Proceedings against persons under business
name
(1) Proceedings may be taken in a court of competent
jurisdiction against a person in the business name under which the person is
conducting business.
(2) Subsection (1) applies whether or not the business name
is registered under this Act.
(3) For the proceedings, the business name is a sufficient
designation of the person in all documents.
Disability of persons in default
(1) This section applies if:
(a) a person:
(i) conducts business under a business name in contravention
of section ; or
(ii) does not give notice under section for a business name
when required to do so; and
(b) the person starts proceedings in the business
name.
(2) The court in which the proceeding is started may order
the person to cease to contravene section or to give the
notice.
(3) In addition, the court may:
(a) stay all proceedings until the order under subsection
(2) is complied with; or
(b) allow the proceedings to be continued on an undertaking
being given by the person that the person will comply with the order within a
period stated by the court.
PART
4 – ADMINISTRATIVE MATTERS
Prohibited names
The Minister may, by Gazette notice, direct the
Commissioner not to register a name, or a name of a kind, stated in the
notice.
Register of business names
(1) The Commissioner must keep a register of business names
registered under this Act.
(2) The following form part of the
register:
(a) a notice given under this Act for a business name
registered under this Act;
(b) a change in the name or principal place of a business
under the Corporations Act 2001, on notice of the change being given by
ASIC.
Public access to register
(1) Any person may, on payment of the prescribed
fee:
(a) inspect the register; and
(b) copy or take extracts from the register.
(2) On payment of the prescribed fee, the Commissioner must
issue to a person:
(a) a copy of or extract from the register, certified to be
a true copy or extract; or
(b) a certificate signed by the Commissioner certifying a
person was or was not on a date, or during a period stated in the certificate,
the registered person for a business name.
Commissioner may correct errors
(1) If the Commissioner is satisfied there is an error in
an entry in the register or in a certificate of registration of a business name,
the Commissioner may correct the error.
(2) Any entry or certificate corrected has effect as if the
error had not been made.
Duplicate certificate of registration
The Commissioner must, on payment of the prescribed fee,
issue to the registered person for a business name a duplicate certificate of
registration for the business name.
Approved forms
The Commissioner may approve forms for use under this
Act.
PART
5 – miscellaneous MATTERS
Regulations
(1) The Administrator may make regulations under this
Act.
(2) The regulations may prescribe fees payable under this
Act.
pART
6 – REPEALS AND TRANSITIONAL MATTERS FOR
BUSINESS NAMES ACT
2006
Repeals
The Acts specified in the Schedule are
repealed.
Division
2 – Transitional matters
Definitions
In this Part:
"commencement date" means the date on which section
commences;
"repealed Act" means the Business Names Act as in
force immediately before the commencement date.
Register
The register kept under the repealed Act immediately before
the commencement date is taken to be the register under this
Act.
Registered business names
A business name registered under the repealed Act
immediately before the commencement date is taken to have been registered under
this Act on the date the name was registered under the repealed
Act.
Certificate of registration
A certificate of registration of a business name issued
under the repealed Act and in force immediately before the commencement date is
taken to be a certificate of registration of a business name issued under this
Act.
Application for registration or renewal of
registration
An application for registration, or renewal of
registration, of a business name that was pending immediately before the
commencement date is taken to be an application for registration, or renewal of
registration, of a business name under this Act.
Resident agents
(1) This section applies if:
(a) a person was the resident agent under the repealed Act
for a business name (the "agent"); and
(b) under a provision of the repealed Act, the agent was
required or permitted to perform a function; and
(c) under a corresponding provision of this Act, the
registered person is required or permitted to perform the
function.
(2) The agent may perform the function under the
corresponding provision as if the agent were the registered person for the
business name.
(3) For subsection (2), if the Commissioner is required or
permitted to send a notice to the registered person, the Commissioner must send
the notice to the agent.
(4) Subsections (2) and (3) cease to apply on the earliest
of the following:
(a) the date a notice under section is given to the
Commissioner for the business name;
(b) the date an application for renewal of registration for
the business name is made under section ;
(c) the date notice of revocation is given to the
Commissioner under subsection (5);
(d) the date notice of cessation is given to the
Commissioner under subsection (6).
(5) The registered person for a business name may revoke an
agent's authority to act under this section by:
(a) giving written notice to the Commissioner of the
revocation; and
(b) giving written notice to the agent of the
revocation.
(6) In addition, an agent may cease to act under this
section by:
(a) giving written notice to the Commissioner of the
cessation; and
(b) giving written notice to the registered person for the
business name of the cessation.
General transitional provision
(1) If anything of a kind required or permitted to be done
under a provision of this Act was done under a corresponding provision of the
repealed Act and still had effect immediately before the commencement date, the
thing continues in effect on and after that date as if:
(a) this Act had been in force when it was done;
and
(b) it had been done under this Act.
(2) If subsection (1) applies in relation to a notice or
other instrument, a reference in the notice or instrument to a provision of the
repealed Act must, for that subsection, be read as a reference to the
corresponding provision of this Act.
(3) Without limiting subsections (1) and (2), if a
provision of the repealed Act that corresponds to a provision of this Act would,
but for its repeal, have applied in relation to anything done or being done or
in existence before the commencement date, the provision of this Act applies
(with the necessary changes) in relation to the thing.
Interpretation Act not affected
This Part does not limit Part III of the
Interpretation Act.
PART
7 – CONSEQUENTIAL AMENDMENTS
Division
1 – Amendment of Acts
Subdivision
1 – Companies (Unclaimed Assets and Moneys) Act
Act amended
This Subdivision amends the Companies (Unclaimed Assets
and Moneys) Act.
Amendment of section 5 (Definitions)
(1) Section 5, definition of "the
Registrar"
omit
(2) Section 5
insert (in alphabetical order)
"Commissioner" means the person holding or occupying the
office of Commissioner of Consumer Affairs under the Consumer Affairs and
Fair Trading Act;
Amendment of section 6 (Unclaimed assets in hands of
liquidator)
Section 6(3)
omit
Registrar
substitute
Commissioner
Subdivision
2 – Partnership Act
Act amended
This Subdivision amends the Partnership
Act.
Amendment of section 57 (Registration)
Section 57(3)
omit
Registrar of Business Names
substitute
Commissioner
Division
2 – Amendment of subordinate legislation
Subdivision
1 – Consumer Affairs and Fair Trading (Travel Agents)
Regulations
Regulations amended
This Subdivision amends the Consumer Affairs and Fair
Trading (Travel Agents) Regulations.
Amendment of regulation 3 (Application for
licence)
Regulation 3(2)(b)
omit
Registrar of Business Names within the meaning of
substitute
Commissioner under
Amendment of Schedule 1
Schedule 1, Forms 1 and 2, Note 1
omit, substitute
A certificate of the Commissioner under the Business
Names Act that each business name stated in this application has been
registered under that Act must accompany this form.
Subdivision
2 – Local Court Rules
Rules amended
This Subdivision amends the Local Court
Rules.
Amendment of rule 1.09 (Definitions)
Rule 1.09, definition of "firm"
omit, substitute
"firm" means an unincorporated body of persons (whether
consisting of individuals or of corporations or partly of individuals and partly
of corporations) associated together to conduct business;
Amendment of rule 6.05 (Personal service on firm or
company)
(1) Rule 6.05(a)
omit
Business Names Act – by serving a document in
accordance with section 31(2) of that Act;
substitute
(i) leaving a document, addressed to the firm, at the firm's
business address with someone who appears to be at least 16 years old and
appears to be employed by the firm; or
(ii) sending a document by registered post addressed to the
firm at the firm's business address; or
(2) Rule 6.05(b), at the end
insert
or
Subdivision
3 – Private Security (Security Firms) Regulations
Regulations amended
This Subdivision amends the Private Security (Security
Firms) Regulations.
Amendment of Schedule
Schedule, Note (a)
omit, substitute
A certificate of the Commissioner under the Business
Names Act that each business name stated in this application has been
registered under that Act must accompany this form.
Subdivision
4 – Small Claims Rules
Rules amended
This Subdivision amends the Small Claims
Rules.
Amendment of rule 1.06 (Definitions)
Rule 1.06, definition of "firm"
"firm" means an unincorporated body of persons (whether
consisting of individuals or of corporations or partly of individuals and partly
of corporations) associated together to conduct business;
Amendment of rule 6.05 (Personal service on firm or
company)
(1) Rule 6.05(a)
omit
Business Names Act – by serving a document in
accordance with section 31(2) of that Act;
substitute
Business Names Act – by:
(i) leaving a document, addressed to the firm, at the firm's
business address with someone who appears to be at least 16 years old and
appears to be employed by the firm; or
(ii) sending a document by registered post addressed to the
firm at the firm's business address; or
(2) Rule 6.05(b), at the end
insert
or
Amendment of Schedule 1
(1) Schedule 1, Form 6A
omit
/* the resident agent of the
* plaintiff/defendant * firm/ a person apparently in the service of
the resident agent of the * plaintiff/defendant * firm and who is
apparently of or above the age of 16 years *
(2) Schedule 1, Form 6A
omit
/ resident agent's address in the
Territory *
(3) Schedule 1, Form 7A
omit
/* the resident agent of the defendant firm/ a person
apparently in the service of the resident agent of the defendant firm and who is
apparently of or above the age of 16 years *
(4) Schedule 1, Form 7A
omit
/ resident agent's address in the
Territory *
(5) Schedule 1, Form 7B
omit
/* the resident agent of the defendant firm/ a person
apparently in the service of the resident agent of the defendant firm and who is
apparently of or above the age of 16 years *
(6) Schedule 1, Form 7B
omit
/ resident agent's address in the
Territory *
(7) Schedule 1, Form 7C
omit
/* the resident agent of the defendant firm/ a person
apparently in the service of the resident agent of the defendant firm and who is
apparently of or above the age of 16 years *
(8) Schedule 1, Form 7C
omit
/ resident agent's address in the
Territory *
(9) Schedule 1, Form 23A
omit
/* the resident agent of the
* plaintiff/defendant * firm/ a person apparently in the service of
the resident agent of the * plaintiff/defendant * firm and who is
apparently of or above the age of 16 years *
(10) Schedule 1, Form 23A
omit
/ resident agent's address in the
Territory *
Subdivision
5 – Work Health Court Rules
Rules amended
This Subdivision amends the Work Health Court
Rules.
Amendment of rule 1.08 (Interpretation)
Rule 1.08(1), definition of "firm"
omit, substitute
"firm" means an unincorporated body of persons (whether
consisting of individuals or of corporations or partly of individuals and partly
of corporations) associated together to conduct business;
Amendment of rule 4.05 (Personal service on firm or
company)
Rule 4.05(a)
omit
Business Names Act – by serving a document in
accordance with
section 31(2) of that
Act;
substitute
Business Names Act – by:
(i) leaving a document, addressed to the firm, at the firm's
business address with someone who appears to be at least 16 years old and
appears to be employed by the firm; or
(ii) sending a document by registered post addressed to the
firm at the firm's business address; or
Division
3 – Expiry of Part
Expiry
This Part expires the day after it
commences.
____________________________
Section
REPEAL OF ACTS
|
|
|
Business Names Ordinance 1962
|
Ordinance No. 37 of 1963
|
|
Business Names Ordinance 1963
|
Ordinance No. 53 of 1963
|
|
Business Names Ordinance 1968
|
Ordinance No. 2 of 1968
|
|
Business Names Amendment Act 1990
|
Act No. 58 of 1990
|
____________________________
__________________
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