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Version No. 071

Business Names Act 1962No. 6853 of 1962

Version incorporating amendments as at 1 January 2011

TABLE OF PROVISIONSSection Page

1 Short title 12 Commencement 13 Repeals, savings and transitional provisions 14 Definitions 34A Arrangements for administration of this Act 74BB Delegation by the Minister 74B Delegation by Director 85 Certain business names to be registered 85A Leave of County Court required in certain cases before using

business name 106 Register of business names 127 Registration of business names 147A, 8 Repealed 179 Restriction on registration of business names that are

undesirable etc. 1710 Power to cancel registration of business names that are

undesirable etc. 1810A Priorities between confusing names 1911 Renewal of registration 1912 Notification of changes in particulars relating to registered

business names, cessation of business etc. 2113 Duty to furnish information 2514 Disability of persons in default 2715 Signing of documents 2815AA Signatures 2815A Document deemed not to be lodged until fee paid 2915AB Approval of special lodging arrangements 2915AC Waiver or refund of fees 3115B Power to Director to refuse registration 3115C Method of lodgement of documents 3216 Verification of particulars 3217 False and misleading statements 3317A Retention of records 3418 Notice of proposed cancellation 34

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19 Cancellation of registration 3520 Use and exhibition of business name, 3821 Registrar may correct errors in register etc. 3822 Inspection of the register 3922A Restriction of personal information 4022B Rights of review 4023 Certificates of registration or non-registration 4124 Evidence of registration or non-registration 4225 Authority of Director to destroy documents and validation 4226 Invitations to the public to make deposits or loans 4327 General penalty provisions 4328 Default penalty 4428A Infringement notices 4529 Application of Fair Trading Act 1999 4830 Evidentiary provisions 4931 As to service of notices 5032 Regulations 5133 Transitional 5334 Further transitionals 54

__________________

SCHEDULE—Repeals 56

═══════════════

ENDNOTES 57

1. General Information 57

2. Table of Amendments 58

3. Explanatory Details 62

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Version No. 071


Version incorporating amendments as at 1 January 2011

An Act to consolidate and amend the Law relating to Business Names and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title

This Act may be cited as the Business Names Act 1962.

2 Commencement

This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

3 Repeals, savings and transitional provisions

(1) The Acts mentioned in the Schedule to this Act to the extent to which they are therein expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication otherwise provided—

(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under the repealed Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they

1

respectively would have had if the repealed Act had not been repealed; and

(b) in particular and without affecting the generality of paragraph (a) of this subsection—

(i) such repeal shall not disturb the continuity of status operation or effect of any regulation order registration certificate notice statement declaration application requirement consent obligation liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under the repealed Act before the coming into operation of this Act;

(ii) any right of action or power of prosecution had by or against a firm, individual or corporation registered or deemed to be registered or required to have been registered under the repealed Act immediately before the commencement of this Act shall continue to be had and may be enforced as if this Act had not come into operation; and

(iii) all penalties incurred under the repealed Act before the commencement of this Act shall be enforceable and may be enforced as if this Act had not come into operation.

(3) A reference in any Act order regulation instrument or document to a firm, individual or corporation registered under the repealed Act or any corresponding previous enactment shall unless the context otherwise requires be construed as referring also to a firm, the members of which, to

2

s. 3

an individual who or to a corporation which, as the case may be, is carrying on business under a business name registered under this Act.

(4) A reference to the Registrar-General in any Act order regulation rule instrument or document relating to any matter under or in connexion with the repealed Act or any corresponding previous enactment shall unless the context otherwise requires be construed as referring to the Commissioner under this Act.

(5) A business name in respect of which a firm individual or corporation was immediately before the commencement of this Act registered or deemed to be registered under the repealed Act shall subject to this Act upon the commencement of this Act be deemed to be registered under this Act in relation to each member of the firm in relation to the individual or in relation to the corporation as the case may be and this Act shall apply to and in relation to the business name accordingly.

4 Definitions1

(1) In this Act unless the contrary intention appears—

business includes trade and profession;

business name means a name style title or designation under which a business is carried on;

carrying on business includes establishing a place of business in the State and soliciting or procuring any order from a person in the State and to carry on business has a corresponding meaning;

christian or given name means the first name or any other name given to a person;

3

S. 3(4) amended by No. 8565 s. 24(9).

A.C.T. s. 4, N.S.W. s. 2, Vic. s. 3, Qld. s. 3, S.A. s. 3, W.A. s. 3, Tas. s. 3.

s. 4

S. 4(1) def. of carrying on business amended by Nos 8565 s. 24(9), 9699 s. 23.

S. 4(1) def. of christian or given name substituted by No. 69/1987 s. 15(a).

S. 4(1) def. of Commis-sioner inserted by No. 8565 s. 24(9), substituted by No. 9698 s. 14(1), repealed by No. 17/1999 s. 24(1)(a).s. 4

* * * * *

corporation means any body corporate formed or incorporated whether in the State or outside the State and includes any foreign company or registrable Australian body within the meaning of the Corporations Act;

director in relation to a corporation includes any person occupying the position of director of the corporation by whatever name called;

Director means the Director within the meaning of the Fair Trading Act 1999;

family name means the surname or other part of a name which is not a Christian or given name;

firm means an unincorporated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) associated together for the purpose of carrying on business;

individual means a natural person and does not include a corporation;

4

S. 4(1) def. of corporation amended by Nos 9699 s. 23, 35/2000 s. 13(a), 44/2001 s. 3(Sch. item 12.1(a)).

S. 4(1) def. of Director inserted by No. 17/1999 s. 24(1)(b).

S. 4(1) def. of family name inserted by No. 69/1987 s. 15(b).

initial includes a recognized abbreviation of a christian name;

* * * * *

personal information has the same meaning as in section 3 of the Information Privacy Act 2000;

prescribed means prescribed by or under this Act;

register means the register of business names kept under this Act or under any corresponding previous enactment;

S. 4(1) def. of registered address inserted by No. 9522 s. 2(b), amended by No. 69/1987 s. 15(c).s. 4

registered address in relation to a business means the address last nominated under section 7 or section 12 to be the registered address of that business;

* * * * *

regulations means regulations made under this Act;

repealed Act means the Business Names Act 1958;

5

S. 4(1) def. of machine-copy inserted by No. 9522 s. 2(a), repealed by No. 8/2003 s. 22(a).

S. 4(1) def. of personal information inserted by No. 8/2003 s. 22(b).

S. 4(1) def. of Registrar repealed by No. 8565 s. 24(9).

reproduction in relation to a document means a machine-copy of the document or a print made from a negative of the document and "reproduce" and any derivatives thereof shall have a corresponding interpretation;

secretary, in relation to a corporation, includes any person performing the duties of the secretary of the corporation and, in relation to a foreign company registered under the Corporations Act, means a local agent of that company appointed for the purposes of that Act;

section means section of this Act;

State means the State of Victoria;

* * * * *

(2) For the purposes of this Act a person shall not be regarded as carrying on business within the State for the reason only that within the State he—

(a) is or becomes a party to any action or suit or any administrative or arbitration proceeding, or effects settlement of an action suit or proceeding or of any claim or dispute;

(b) maintains any bank account;

(c) effects any sale through an independent contractor;

(d) creates evidence of any debt or creates a charge on real or personal property;

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S. 4(1) def. of reproduction inserted by No. 9522 s. 2(c).

S. 4(1) def. of secretary amended by No. 9699 s. 23, substituted by No. 35/2000 s. 13(b), amended by No. 44/2001 s. 3(Sch. item 12.1(b)).

S. 4(1) def. of transparency inserted by No. 9522 s. 2(d), repealed by No. 8/2003 s. 22(a).

s. 4

(e) secures or collects any of his debts or enforces his rights in regard to any securities relating to such debts;

(f) conducts an isolated transaction that is completed within a period of thirty-one days, but not being one of a number of similar transactions repeated from time to time; or

(g) invests any of his funds or holds any property.

(3) For the purposes of this Act a business name shall be deemed to be registered under this Act in relation to a person if it appears from the register that the person either alone or together with other persons is carrying on business under that name.

4A Arrangements for administration of this Act

(1) The Director may make an arrangement with the Australian Securities and Investments Commission about any matter connected with the administration of this Act.

(2) In particular, an arrangement may provide—

(a) for the performance of functions and the exercise of powers conferred by subsection (3) by the Commission; or

(b) for the performance of functions or the exercise of powers of the Director under this Act by staff members of the Commission.

(3) Subject to subsection (4), the Commission has the functions and powers of the Director under this Act.

(4) The Commission must not perform a function or exercise a power conferred by subsection (3)

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S. 4A inserted by No. 80/1990 s. 100.

s. 4A

S. 4A(1) amended by Nos 17/1999 s. 24(2), 35/2000 s. 14.

S. 4A(2)(b) amended by No. 17/1999 s. 24(2).

S. 4A(3) amended by No. 17/1999 s. 24(2).

except in accordance with an arrangement under this section.

4BB Delegation by the Minister

The Minister may, by instrument, delegate to the Director the power of the Minister to give consent under section 9(1).

4B Delegation by Director

The Director, by instrument, may delegate to any person or class of persons employed under Part 3 of the Public Administration Act 2004 in the administration of this Act, any of the Director's functions or powers under this Act, other than this power of delegation.

5 Certain business names to be registered2

(1) A person shall not either alone or in association with other persons carry on business in the State under a business name unless—

(a) the business name consists of the name of that person and the name of each other person if any in association with whom that person is so carrying on business without any addition; or

(b) the business name is registered under this Act in relation to that person and each other person if any in association with whom that person is so carrying on business—

and where the business name is so registered such of the provisions of section twelve which are required to be complied with by or on behalf of the person or persons in relation to whom the name is registered have been complied with.

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S. 4BB inserted by No. 35/2000 s. 15.

S. 4B inserted by No. 17/1999 s. 25, amended by No. 108/2004 s. 117(1) (Sch. 3 item 23).

A.C.T. s. 6, N.S.W. s. 4, Vic. s. 4, Qld. s. 5, S.A. s. 4, W.A. ss 4, 6, Tas. s. 4.

s. 4B

S. 5(1) amended by No. 35/2000 s. 16.

Penalty:30 penalty units. Default penalty.

(2) For the purposes of subsection (1) of this section and of subsection (2) of section 5A the name of a person consists of—

(a) in the case of an individual his full name, or his family name together with—

(i) his christian or given name or names;

(ii) the initial or initials of his christian or given name or names;

(iii) a combination of one or more of his christian or given names and the initial or initials of his remaining christian or given name or names; or

(iv) the christian or given name or names by which he is commonly known or the initial or initials by which he is commonly known or any combination of one or more of such names and such initials;

(b) in the case of a corporation—the corporate name of the corporation.

(3) The addition to a business name of words indicating that the business is carried on in succession to a former owner of the business shall for the purposes of subsection (1) of this section and of subsection (2) of section 5A be deemed not to be an addition to the business name.

(4) Where a business is carried on by an official receiver a trustee in bankruptcy or a trustee under a deed or scheme of arrangement entered into

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S. 5(2) amended by No. 7943 s. 2(b).

S. 5(2)(a) amended by No. 69/1987 s. 16(a).

S. 5(2)(a)(i) amended by No. 69/1987 s. 16(b).

S. 5(2)(a)(ii) amended by No. 69/1987 s. 16(b).

S. 5(2)(a)(iii) amended by No. 69/1987 s. 16(b).

S. 5(2)(a)(iv) amended by No. 69/1987 s. 16(b).

s. 5

S. 5(3) amended by No. 7943 s. 2(b).

under a law of the Commonwealth relating to bankruptcy or by a receiver manager or other person appointed by any court or under the powers contained in any instrument to carry on the business the business shall for the purposes of this Act be deemed to be carried on by the person who carried on the business immediately before the appointment of the receiver trustee manager or other person.

(5) Notwithstanding anything in this Act a contravention of or failure to comply with any provision thereof shall not operate to avoid any agreement transaction act or matter.

5A Leave of County Court required in certain cases before using business name

(1) This section applies to a person convicted whether before or after the commencement of the Business Names (Amendment) Act 1970, and whether within or without the State—

(a) on indictment of an offence in connexion with the promotion, formation or management of a corporation;

(b) of an offence involving fraud or dishonesty punishable on conviction with imprisonment for three months or more; or

(c) of an offence which at the time of his or her conviction is or was specified in—

(i) section 122(1)(c) of the Companies Act 1961; or

(ii) section 227(2)(c) or (d) of the Companies (Victoria) Code; or

(iii) section 229(3)(c) of the Corporations Law as in force before 13 March 2000; or

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S. 5A inserted by No. 7943 s. 2(a).

s. 5A

S. 5A(1)(c) amended by Nos 9699 s. 23, 35/2000 s. 17(a), substituted by No. 44/2001 s. 3(Sch. item 12.2).

(iv) section 206B of the Corporations Law; or

(v) section 206B of the Corporations Act.

(2) A person to whom this section applies shall not, within the period of five years next succeeding any occasion on which he is convicted as referred to in subsection (1) or, where he has served a term of imprisonment imposed pursuant to any such conviction, within the period of five years next succeeding his release from that imprisonment, carry on business in the State under a business name unless—

(a) the business name under which he so carries on business—

(i) consists of his name; or

(ii) where he carries on business in association with another person or other persons, consists of his name and the name or names of the person or persons in association with whom he carries on business—

without any addition; or

(b) he has obtained the leave of the County Court upon application made as provided by subsection (3) so to carry on business.


(3) An application for leave of the County Court shall not be made unless the Minister has been given not less than twenty-eight days' notice of the proposed application.

(4) The Minister may be represented at the hearing of, and may oppose, the application.

(5) Nothing in this section shall be construed as affecting the operation of section 5.

11

S. 5A(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 25), 35/2000 s. 17(b).

s. 5A

(6) Nothing in this section shall make it an offence for any person to carry on business under a business name which immediately before the commencement of the Business Names (Amendment) Act 1970 and at all times thereafter has been a business name registered under this Act under which that person was carrying on business in the State.

6 Register of business names3

(1) The Director must keep a register of business names open for public inspection in the form determined by the Director.

(2) The purpose of keeping the register is to enable members of the public to have access to the contact details of the business and the persons responsible for the business operating under the business name.

(2A) The register must include details of the following in relation to each registered business name—

(a) business number issued by the Director;

(b) business name;

(c) current status of registration (registered or registration cancelled);

(d) date of registration or cancellation of registration;

(e) date business commenced;

(f) renewal of registration date;

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s. 6

S. 6(1) amended by Nos 8565 s. 24(9), 17/1999 s. 24(2), substituted by No. 8/2003 s. 23.

S. 6(2) substituted by No. 8/2003 s. 23.

S. 6(2A) inserted by No. 8/2003 s. 23.

(g) nature of business;

(h) current registered address of the business and date address registered;

(i) previous registered address and date of cessation as registered address;

(j) current postal address;

(k) each current address in the State where the business is carried on and date on which business commenced at that address;

(l) previous address in the State where the business was carried on and date on which business ceased at that address;

(m) current proprietor's name and date of commencement;

(n) current proprietor's residential address;

(o) current proprietor's previous name and date of change of name;

(p) former proprietor's name and date of cessation as proprietor;

(q) former proprietor's last recorded residential address;

(r) former proprietor's previous name and date of change of name;

(s) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

(t) Internet site address maintained for the purposes of the business in relation to which the business name is registered (if any);

(u) any information prescribed by the regulations as forming part of the register.

13

s. 6

(2B) The Director may request from a person who carries on or seeks to carry on a business under a registered business name any information or authorisation that the Director determines is necessary for the administration of this Act.

(2C) If, under subsection (2B), a person who carries on or seeks to carry on a business under a registered business name is requested by the Director to provide additional information or authorisation, that person must provide the information or authorisation to the Director within 28 days after receiving the request.

(2D) Any additional information obtained under subsection (2C) does not form part of the register.

(3) The register of the business names of firms individuals and corporations registered or deemed to be registered under the repealed Act shall be deemed to be incorporated with and to form part of the register kept under this Act.

7 Registration of business names4

(1) A person may apply for the registration of a business name by lodging with the Director an application in the form approved by the Director which is signed in accordance with section 15 and shall be accompanied by the prescribed fee and shall set out—

(a) the business name;

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S. 6(2B) inserted by No. 8/2003 s. 23.

S. 6(2C) inserted by No. 8/2003 s. 23.

S. 6(2D) inserted by No. 8/2003 s. 23.

s. 7

A.C.T. s. 7, N.S.W. s. 6, Vic. s. 5, Qld. s. 6, S.A. ss 6, 17(1), W.A. s. 7, Tas. ss 5, 15.S. 7 amended by No. 8565 s. 24(9).

S. 7(1) amended by Nos 17/1999 s. 24(2), 35/2000 s. 18(1)(a), 8/2003 s. 24(a).

(b) a concise description of the true nature of the business carried on or proposed to be carried on under that name by the applicant or applicants;

(c) an address in the State nominated to be the registered address of the business and the address of each place in the State where the business is or is proposed to be carried on;

(d) the christian or given names and former christian or given names or family name, date of birth, and the usual place of residence of each applicant who is an individual and the corporate name and the place of the registered office in the State of each applicant which is a corporation;

(e) the date or proposed date of commencement of the carrying on of business in the State under the business name by the applicant or applicants;

(f) where the business name is a name adopted by the applicant or applicants in substitution for another name—that other name;

(g) any other address nominated by the applicant as a postal address or electronic mailing address; and

(h) any other prescribed particulars.

* * * * *

15

S. 7(1)(c) substituted by No. 9522 s. 3(a), amended by No. 69/1987 s. 17(a).

s. 7

S. 7(1)(d) amended by No. 69/1987 s. 17(b).

S. 7(1)(e) amended by No. 35/2000 s. 18(1)(b).

S. 7(1)(g) inserted by No. 35/2000 s. 18(1)(c).

S. 7(1)(h) inserted by No. 35/2000 s. 18(1)(c).

S. 7(1A) inserted by No. 9522 s. 3(b), amended by No. 9699 s. 23, repealed by No. 69/1987 s. 17(c).

(2) If any applicant is a minor he shall be so described in the application.

(3) Subject to this Act the Director shall upon the lodging of an application under subsection (1) of this section in relation to a business name register the business name.

(4) The Director shall upon registering a business name issue a certificate of registration in the form approved by the Director containing the prescribed particulars.

(4A) A certificate of registration must indicate that it is produced by authority of the Director, whether by being initialled or signed by the Director, or by bearing a facsimile of the initials or signature of the Director, or in any other manner the Director thinks fit.

(5) The Director may upon payment of the prescribed fee issue a further certificate of registration.

(6) A business name shall not be registered under this Act if the application referred to in subsection (1) of this section is lodged with the Director on a date preceding by more than two months the date shown in the application as the proposed date of commencement of carrying on business.

* * * * *

16

S. 7(2) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 2), 69/1987 s. 17(d), 8/2003 s. 24(b).

s. 7

S. 7(3) amended by Nos 17/1999 s. 24(2), 8/2003 s. 24(c).

S. 7(4) amended by Nos 100/1995 s. 12(1), 17/1999 s. 24(2), 35/2000 s. 18(2).

S. 7(4A) inserted by No. 100/1995 s. 12(2), substituted by No. 17/1999 s. 24(3).

S. 7(5) amended by No. 17/1999 s. 24(2).

S. 7(6) amended by Nos 17/1999 s. 24(2), 8/2003 s. 24(d).

S. 7(7) repealed by No. 9522 s. 3(c).

* * * * *

* * * * *

9 Restriction on registration of business names that are undesirable etc.5

(1) Except with the consent of the Minister a business name shall not be registered under this Act if the business name is a name that is in the opinion of the Director undesirable or is a name or a name of a kind that the Minister has for the purposes of this Act directed the Director not to accept for registration.

(2) The Minister must ensure that a direction under this section is published in the Government Gazette and a copy of the direction is sent to the Minister of each State and self-governing Territory who is responsible for administering a law corresponding to this Act and to the Minister administering the Corporations Act.

17

S. 7A inserted by No. 9522 s. 4, repealed by No. 69/1987 s. 24.

S. 8amended by No. 9522 s. 5(a), repealed by No. 8/2003 s. 25.

A.C.T. s. 24, N.S.W. ss 21–24, Vic. ss 21–25, Qld. ss 10–12, S.A. s. 23, W.A. ss 24–26, Tas. s. 8.

s. 9

S. 9(1) amended by Nos 8565 s. 24(9), 17/1999 s. 24(2).

S. 9(2) substituted by No. 35/2000 s. 19, amended by No. 44/2001 s. 3(Sch. item 12.3).

10 Power to cancel registration of business names that are undesirable etc.6

(1) If a business name which could not be registered under this Act without contravention of subsection (1) of section nine is registered through inadvertence or otherwise, the Director may send by post a notice addressed to the person or persons in relation to whom the name is so registered at the registered address of the business carried on under that name—

(a) stating that he proposes to cancel the registration of that name upon the expiration of such period (being a period of not less than twenty-eight days) as is specified in the notice; and

(b) setting out his reasons for the proposed cancellation—

and upon the expiration of that period the Director may cancel the registration of that name.

(2) The Director shall not except with the approval of the Minister exercise his powers under subsection (1) of this section with respect to a business name that is deemed to be registered under this Act by virtue of subsection (5) of section three.

(3) The Minister may at any time before the expiration of the period specified in a notice given by the Director under subsection (1) of this section annul the notice.

18

A.C.T. s. 25, N.S.W. s. 26, Vic. s. 26, W.A. s. 28, Tas. s. 20.S. 10 amended by No. 8565 s. 24(9).

s. 10

S. 10(1) amended by Nos 9522 s. 6(a), 17/1999 s. 24(2).

S. 10(2) amended by No. 17/1999 s. 24(2).

S. 10(3) amended by No. 17/1999 s. 24(2).

(4) The Director may remit any fee payable in respect of an application for the registration of a new business name in place of a business name the registration of which is cancelled under subsection (1) of this section.

10A Priorities between confusing names

(1) Where there are two or more applications lodged in respect of the same business name or business names which are likely to be confused with or mistaken for each other such applications shall be entitled to priority as between themselves according to the order in which they were lodged with the Director.

(2) Where by mistake or inadvertence two or more business names are registered under this Act and those names are, in the opinion of the Director, likely to be confused with or mistaken for each other, the Director may cancel the registration of that name or those names which, in accordance with subsection (1) is or are not entitled to priority.

(3) The Director shall refund any fee paid in respect of the registration of a business name which is cancelled under subsection (2).

11 Renewal of registration7

(1) The registration of a business name remains in force for a period of three years but the registration may from time to time be renewed by lodging with the Director at any time within the period of one month before or after the expiry of the registration or within such further time as the Director allows an application in the form approved by the Director and containing the

19

S. 10(4) amended by No. 17/1999 s. 24(2).

S. 10A inserted by No. 9522 s. 6(b).

s. 10A

S. 10A(1) amended by No. 17/1999 s. 24(2).

S. 10A(2) amended by No. 17/1999 s. 24(2).

S. 10A(3) amended by No. 17/1999 s. 24(2).

A.C.T. s. 10, Qld. s. 6, S.A. s. 7, W.A. s. 6.

S. 11(1) amended by Nos 7943 s. 3(a), 8565 s. 24(9), 17/1999 s. 24(2), 35/2000 s. 20(1), 8/2003 s. 26.

prescribed particulars signed by the person or one of the persons in relation to whom the name is registered together with the prescribed fee.

* * * * *

(2) The renewal of a registration shall be deemed to have been effected for a further period of three years as from the day on which the previous registration expires or has expired (as the case may be).

(3) The Director shall before or after the expiration of the registration of a business name but not earlier than one month before the expiration send by post to the person or persons in relation to whom the business name is or was registered at the registered address of the business carried on under that name a notice of the date on which the registration is due to expire or has expired as the case may be.

S. 11(4) amended by Nos 8565 s. 24(9), 9522 s. 7(c), 69/1987 s. 18(b), 17/1999 s. 24(2).s. 11

(4) Where the registration of a business name has expired the Director shall not accept for registration from any person or persons other than the person or persons in relation to whom the business name was registered any business name that is identical with that business name or that in the opinion of the Director so nearly resembles it as to be calculated to deceive until the expiration of two months after the sending of the notice referred to in subsection (3) of this section or the expiration of two months after the expiry of the registration (whichever is the later date).

20

S. 11(1A) inserted by No. 9522 s. 7(a), repealed by No. 69/1987 s. 18(a).

S. 11(3) amended by Nos 8565 s. 24(9), 9522 s. 7(b), 17/1999 s. 24(2).

(5) A renewal of registration that is lodged with the Director by electronic transmission is not required to be signed in accordance with subsection (1).

12 Notification of changes in particulars relating to registered business names, cessation of business etc.8

(1) A notice must be lodged with the Director if a business name is registered under this Act and a change occurs—

(a) that renders the description of the nature of the business lodged with the Director insufficient to disclose the true nature of the business; or

(b) in the registered business address or the address of the place or places at which business is carried on under that name; or

(c) in any other address nominated as a postal address or electronic mailing address.

(1A) The notice referred to in subsection (1) must—

(a) be in the form approved by the Director and contain the date and particulars of the change; and

(b) be signed in accordance with section 15; and

(c) be lodged with the Director within one month after the change occurred or, if a later

21

S. 11(5) amended by No. 8565 s. 24(9), repealed by No. 9522 s. 7(d), new s. 11(5) inserted by No. 35/2000 s. 20(2).

A.C.T. s. 9, N.S.W. s. 10, Vic. s. 9, Qld. ss 7, 8, 10, S.A. s. 11, W.A. s. 12, Tas. s. 10.S. 12 amended by No. 8565 s. 24(9).

s. 12

S. 12(1) amended by Nos 7943 s. 3(b), 17/1999 s. 24(2), 35/2000 s. 21(2)(c)(d), substituted by No. 8/2003 s. 27(1).

S. 12(1A) inserted by No. 9522 s. 8, repealed by No. 69/1987 s. 19(a), new s. 12(1A) inserted by No. 35/2000 s. 21(1), substituted by No. 8/2003 s. 27(1).

time is allowed by the Director, within that later time; and

(d) in the case of a change in a nominated address, specify the new address, the date of the change and any other prescribed particulars.

* * * * *

* * * * *

S. 12(2) amended by Nos 7943 s. 3(b), 69/1987 s. 19(c)(i)–(iii), 17/1999 s. 24(2), 35/2000 s. 21(2)(c)(d), 8/2003 s. 27(2)(a)(i)(ii).s. 12

(2) Where a change occurs in the christian or given names or family name or the place of residence of any person being an individual in relation to whom a business name is registered under this Act or in the corporate name or the address of the registered office in the State of a person being a corporation in relation to which a business name is registered under this Act there shall be lodged with the Director within one month thereafter or within such further time as the Director allows a notice in the form approved by the Director signed in accordance with section 15 notifying the Director of particulars of and of the date of the change and of any other prescribed particulars.

22

S. 12(1B) inserted by No. 9522 s. 8, repealed by No. 69/1987 s. 19(a).

S. 12(1C) inserted by No. 9522 s. 8, amended by Nos 69/1987 s. 19(b)(i)(ii), 17/1999 s. 24(2), 35/2000 s. 21(2)(a)(b), repealed by No. 8/2003 s. 27(1).

* * * * *

(3) Where a business name is registered under this Act in relation to a person or persons and that person ceases or all or any of those persons cease to carry on business in the State under that name there shall be lodged with the Director within one month thereafter or within such further time as the Director allows a notice that is in the form approved by the Director and contains the prescribed particulars notifying the Director of the cessation and of the date thereof signed in accordance with section 15 or, in the case of a deceased person, by his or her personal representative.

S. 12(4) amended by Nos 7943 s. 3(b), 17/1999 s. 24(2), 35/2000 s. 21(2)(e), 8/2003 s. 27(2)(c)(i)(ii).s. 12

(4) Where a business name is registered under this Act in relation to a person or persons and another person or other persons commences or commence to carry on business in the State under that name in place of or in association with any person or persons in relation to whom the name is already registered, there shall be lodged with the Director within one month thereafter or within such further time as the Director allows, a notice in the form approved by the Director containing the prescribed particulars, signed in accordance with section 15, setting out the date on which that other person so commenced to carry on business and if that person is—

(a) an individual—the christian or given names and family name and any former christian or given names or family name, date of birth,

23

S. 12(2A) inserted by No. 69/1987 s. 19(d), repealed by No. 100/1995 s. 13.

S. 12(3) amended by Nos 7943 s. 3(b), 9427 s. 6(1)(Sch. 5 item 9), 17/1999 s. 24(2), 35/2000 s. 21(2)(f), 8/2003 s. 27(2)(b)(i)(ii).

S. 12(4)(a) amended by Nos 9549 s. 2(1)(Sch. item 24), 69/1987 s. 19(e)(i)(ii), 8/2003 s. 27(2)(c)(i).

and the usual place of residence of that person and where that person is a minor in addition to the particulars referred to in this paragraph he shall be so described in the notice; or

(b) a corporation—the corporate name and the address of the registered office in the State of the corporation.

* * * * *

* * * * *

* * * * *

(8) If a notice required by a provision of this section to be lodged with the Director is not lodged in accordance with the provision, or if lodged does not comply with the provision, each person required or authorized by the provision to sign the notice shall unless he proves that he took all

24

S. 12(4)(b) amended by No. 69/1987 s. 19(e)(iii).

S. 12(5) amended by Nos 7943 s. 3(b), 17/1999 s. 24(2), 35/2000 s. 21(2)(f), repealed by No. 8/2003 s. 27(2)(d).

S. 12(6) amended by Nos 7943 s. 3(b), 17/1999 s. 24(2), 35/2000 s. 21(2)(g)(i)(ii), repealed by No. 8/2003 s. 27(2)(d).

s. 12

S. 12(7) amended by Nos 7943 s. 3(c), 17/1999 s. 24(2), 35/2000 s. 21(2)(h), repealed by No. 8/2003 s. 27(2)(d).S. 12(8) amended by Nos 9554 s. 2(2)(Sch. 2 item 26), 17/1999 s. 24(2), 8/2003 s. 27(2)(e).

reasonable steps to ensure compliance with the provision be guilty of an offence against this Act.


(9) Where by reason of a person commencing to carry on business under a business name registered under this Act a notice is lodged with the Director in accordance with and within the time prescribed by subsection (4) of this section neither that person nor any other person shall be guilty of an offence against section five of this Act by reason only that before the lodging of the notice he carried on business under that name.

(10) Any notice required to be lodged with the Director under this section with respect to any matter may be combined with a notice required to be lodged under this section with respect to another matter.

(11) A notice lodged under this section shall be accompanied by the prescribed fee.

13 Duty to furnish information9

(1) The Director may by notice in writing require any person to furnish within a period specified in the notice (being a period of not less than twenty-eight days) or within such further period as the Director may allow such information as appears to the Director to be necessary to enable him to ascertain whether or not a person—

(a) is carrying on business either alone or in association with other persons under a business name that is required to be registered under this Act; or

25

S. 12(9) amended by Nos 17/1999 s. 24(2), 8/2003 s. 27(2)(e).

S. 12(10) amended by Nos 17/1999 s. 24(2), 8/2003 s. 27(2)(e).

S. 12(11) amended by No. 8/2003 s. 27(2)(e).

N.S.W. s. 15, Vic. s. 14, S.A. s. 13, W.A. s. 18.

s. 13


(b) has failed to lodge with the Director a document required to be lodged under this Act.

(2) A person required under subsection (1) of this section to furnish information to the Director shall within the period specified in the notice or within such further period as the Director has allowed furnish such information as it is within his power to furnish and shall not furnish any information which to his knowledge is false in any material particular.

Penalty: 5 penalty units.

(3) A person shall not be excused from furnishing any information where required to do so under subsection (1) of this section on the ground that the information might tend to incriminate him or make him liable to a penalty but the information furnished by him shall not be admissible in evidence against him in any proceedings civil or criminal.

14 Disability of persons in default10

(1) Where a person carrying on business under a business name in contravention of section 5 or section 5A or a person who being required to

26

S. 13(1)(b) amended by Nos 17/1999 s. 24(2), 8/2003 s. 28.

S. 13(2) amended by Nos 8565 s. 24(9), 9554 s. 2(2)(Sch. 2 item 27), 17/1999 s. 24(2).

s. 13


s. 14

S. 14(1) amended by Nos 7943 s. 2(c)(d), 19/1989 s. 16(Sch. item 9.1(a)–(c)), 8/2003 s. 29.

lodge a notice under section twelve in relation to a business name fails to lodge that notice commences any proceeding in that business name or in respect of a cause of action arising out of any dealing in or under that business name, the court before which the proceeding is commenced may order the person to cease to contravene section 5 or section 5A (as the case may be) or to cause the notice to be lodged as the case may be and may stay the proceeding until the order is complied with or may allow the proceeding to be continued on an undertaking being given by the person that he will comply with the order within such time as is limited by the court.

* * * * *

15 Signing of documents

(1) A document required to be lodged under this Act may be signed by—

(a) the person carrying on, or seeking to carry on, the business under the business name; or

(b) if more than one person carries on, or seeks to carry on that business, any one of those persons who is authorised in writing to sign on behalf of the other persons; or

(c) a person authorised in writing to sign on behalf of the person or persons carrying on, or seeking to carry on, the business under the business name; or

27

S. 14(2) amended by Nos 7876 s. 2(3), 16/1986 s. 30, 110/1986 s. 140(2), 19/1989 s. 16(Sch. item 9.2), repealed by No. 57/1989 s. 3(Sch. item 17).

A.C.T. s. 23, N.S.W. s. 7, Vic. s. 6, Qld. s. 16, S.A. s. 8, W.A. s. 8, Tas. s. 7.S. 15 amended by Nos 8565 ss 24(9), 29(9), 100/1995 s. 14(a)(b), 17/1999 s. 24(2), substituted by No. 8/2003 s. 30.

s. 15

(d) in the case of a corporation, by a director or secretary authorised to sign on behalf of the corporation.

(2) If the Director is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a document the Director may accept the document for registration without it being signed by that person.

(3) Despite subsection (2), a person is not relieved of the requirement to sign a document and a document not signed by any person is not by reason only of its registration under this Act evidence relating to that person's interest in a business.

15AA Signatures

Where a copy of a document has been received by the Director for the purposes of lodgement under this Act or the regulations, it is sufficient compliance with a requirement for the document to be signed if the original document is signed.

15A Document deemed not to be lodged until fee paid

(1) Where a prescribed fee is payable to the Director for or in respect of the lodging of a document with the Director and the document is submitted without payment of the fee, the document shall be deemed not to have been lodged until the fee has been paid to the Director.

(2) Where a document is lodged with the Director and the prescribed fee is tendered by way of a cheque which is not paid on presentation, the Director may upon the expiration of 21 days from the day the document was lodged cancel the registration

28

S. 15AA inserted by No. 100/1995 s. 15, amended by Nos 17/1999 s. 24(2), 8/2003 s. 31.

S. 15A inserted by No. 9522 s. 9.

S. 15A(1) amended by No. 17/1999 s. 24(2).

S. 15A(2) amended by No. 17/1999 s. 24(2).

of the business name in respect of which the document was lodged.

(3) The Director shall upon the cancellation of a business name under subsection (2) send by post a notice addressed to the person or persons in respect of whom the business name was registered at the place nominated to be the registered address of the business stating that the registration of the business name has been cancelled for non-payment of the prescribed fee.

15AB Approval of special lodging arrangements

(1) Despite the requirements of this Act, the Director, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of documents under this Act to a specified person or agent on behalf of a specified person or persons or class of persons.

(2) An approval may provide an exemption (or a partial exemption) for the person or persons for or on behalf of whom the documents are lodged from specified provisions of this Act relating to the authentication or signature of documents and the lodging of documents.

(3) The Director may grant or refuse an approval to a person who applies in writing for that approval.

(4) The Director may vary or cancel an approval by written notice.

(5) The Director may impose any condition on an approval under this section including a condition that the Director will refuse to accept a document for lodgement unless he or she is satisfied that all the persons carrying on or proposing to carry on the business to which the documents relate have

29

S. 15A(3) amended by No. 17/1999 s. 24(2).

S. 15AB inserted by No. 35/2000 s. 22.

s. 15A

S. 15AB(1) amended by No. 8/2003 s. 32(1).


S. 15AB(5) amended by No. 8/2003 s. 32(1)(2).

given written authorisation to the agent or other person specified in the approval—

(a) to sign copies of specified documents for or on behalf of the person or persons who would otherwise be required by or under this Act to sign the documents;

(b) to lodge with the Director copies of specified documents for or on behalf of the person who would otherwise be required by or under this Act to lodge the documents.

(6) The Director must note on the register details of any authorisations required under subsection (5).

(7) A statement required to be lodged by a person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is signed on the person's or persons' behalf by a person authorised in accordance with subsection (5) to sign the copy of the document.

(8) Subsection (7) does not relieve any person who would otherwise be required to sign the document from signing the original document.

15AC Waiver or refund of fees

The Director may, in a particular case or class of cases—

(a) waive or reduce fees that would otherwise be payable under this Act; or

(b) refund, in whole or in part, fees paid under this Act.

15B Power to Director to refuse registration

(1) If the Director is of the opinion that any document lodged with him—

30

S. 15AB(5)(a) amended by No. 8/2003 s. 32(1).

S. 15AB(5)(b) amended by No. 8/2003 s. 32(1).

s. 15AB



S. 15AC inserted by No. 8/2003 s. 33.

S. 15B inserted by No. 9522 s. 9.

s. 15AC

S. 15B(1) amended by No. 17/1999 s. 24(2).

(a) contains matter contrary to law;

(b) by reason of any omission or misdescription has not been duly completed;

(ba) if submitted in electronic form, is not readily accessible by the Director so as to be useable by the Director;

(c) does not comply with the requirements of this Act; or

(d) is not correct or contains any alteration or erasure—

he may refuse to register the document and may request that the document be appropriately amended or completed and re-lodged or that a fresh document be lodged in its place.

(2) The Director may require a person who lodges a document with him to produce to him such other document or give him such information as he thinks necessary—

(a) in order to form an opinion whether he may refuse to register the document under subsection (1); or

(b) to satisfy himself that business is being or will be carried on in the State by the applicant or applicants under the name specified in an application made under section 7.

15C Method of lodgement of documents

(1) Subject to section 15A, it is sufficient compliance with a requirement by this Act that a document be lodged with the Director if the Director receives a copy of the document by facsimile or electronic transmission.

31

S. 15B(1)(ba) inserted by No. 35/2000 s. 23(1).

S. 15B(2) amended by No. 17/1999 s. 24(2).

S. 15C inserted by No. 100/1995 s. 16.

s. 15C

S. 15C(1) amended by Nos 17/1999 s. 24(2), 35/2000 s. 23(2).

(2) If the Director receives from a person a copy of a document under subsection (1), the Director may require that person to produce the original document within the time specified by the Director.

(3) If a person who has received a requirement from the Director under subsection (2) does not comply with that requirement within the time specified by the Director, that person is to be taken not to have lodged the document.

(4) In this section a requirement by this Act to lodge a document includes a requirement by regulations made under this Act to lodge a document.

16 Verification of particulars

The Director may in a particular case if he thinks fit refuse to accept a document required to be lodged with him under this Act unless the particulars set out in the document are verified by a statutory declaration made by a person who signed the document.

17 False and misleading statements11

s. 17S. 17(1) amended by No. 8/2003 s. 35(1)(a)(b).

(1) A person who, in a document required by or for the purposes of this Act or lodged with or

32

S. 15C(2) amended by No. 17/1999 s. 24(2).

S. 15C(3) amended by No. 17/1999 s. 24(2).

S. 16 amended by Nos 8565 s. 24(9), 17/1999 s. 24(2), 8/2003 s. 34.

A.C.T. s. 16, N.S.W. s. 14, Vic. s. 13, Qld. s. 17, S.A. s. 24, W.A. s. 17.S. 17 amended by Nos 8565 s. 24(9), 9554 s. 2(2)(Sch. 2 item 28), 17/1999 s. 24(2), substituted by No. 35/2000 s. 24.

submitted to the Director or in a declaration made under this Act, makes or authorizes the making of a statement that to his or her knowledge is false or misleading in a material particular or omits or authorizes the omission of any matter or thing without which the document required, lodged or submitted is to his or her knowledge misleading in a material respect, is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

(2) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Director or in a declaration made under this Act—

(a) makes or authorizes the making of a statement that is false or misleading in a material particular; or

(b) omits or authorizes the omission of any matter or thing without which the document required, lodged or submitted would be misleading—

without having taken reasonable steps to ensure that the statement was not false or misleading or to ensure that the document did not omit any matter or thing without which the document required, lodged or submitted would be misleading, as the case may be, is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

17A Retention of records

If an agent or other person has lodged a copy of a document under this Act signed by another person in accordance with an approval under section 15AB, the agent or person must ensure the original document signed by any person who is required to sign the document is kept so that it is able to be produced readily to the Director for not

33

S. 17(2) amended by No. 8/2003 s. 35(2).

S. 17(2)(b) amended by No. 8/2003 s. 35(2).

S. 17A inserted by No. 35/2000 s. 24, amended by No. 8/2003 s. 36.

s. 17A

less than 7 years after the document was lodged with the Director.

Penalty:30 penalty units.

18 Notice of proposed cancellation12

(1) Where the Director has reasonable cause to believe that a person or persons in relation to whom a business name is registered under this Act is not or are not carrying on business in the State under that name he may send by post a notice addressed to the person or persons at the registered address of the business carried on under that name enquiring whether the person is or the persons are carrying on business under the name stating that unless the Director is satisfied within one month from the date of the notice that business is being carried on in the State by that person or those persons under that name the registration of the business name may be cancelled.

(2) Where the Director has reasonable cause to believe that any provision of section twelve which is required to be complied with by or on behalf of the person or persons in relation to whom a business name is registered under this Act has not been complied with he may send by post a notice addressed to the person or persons at the registered address of the business carried on under that name stating that unless within one month from the date of the notice that provision is complied with or the Director is satisfied that there was in fact no failure to comply with the provision the registration of the business name may be cancelled.

34


S. 18(1) amended by Nos 9522 s. 10(a)(b), 17/1999 s. 24(2).

S. 18(2) amended by Nos 9522 s. 10(a)(b), 17/1999 s. 24(2).

19 Cancellation of registration13

(1) The Director may cancel the registration of a business name—

(a) if there is lodged with the Director a notice under section twelve notifying him that the person or all the persons in relation to whom the business name is registered has or have ceased to carry on business in the State under that name and it does not appear from that notice or another document accompanying that notice that another person has or other persons have commenced to carry on business in the State under that name;

(b) if the Director has sent a notice to any person or persons in respect of the business name under subsection (1) of section eighteen and that person does not, or those persons do not satisfy the Director within one month from the date of the notice that business is being carried on in the State by that person or those persons under that name;

(c) if the Director has sent a notice to any person or persons under subsection (2) of section eighteen and within one month after the date of the notice the provision of section twelve to which the notice relates has not been complied with or the person does not or those persons do not satisfy the Director that there was no failure to comply with the provision;

35

A.C.T. s. 11, N.S.W. s. 13, Vic. s. 10, Qld. s. 19A, S.A. s. 22A, W.A. s. 14.

s. 19

S. 19(1) amended by Nos 8565 s. 24(9), 9522 s. 11(1)(a)(b), 17/1999 s. 24(2).

S. 19(1)(a) amended by Nos 17/1999 s. 24(2), 8/2003 s. 37(a)(i)(ii).

S. 19(1)(b) amended by No. 17/1999 s. 24(2).

S. 19(1)(c) amended by No. 17/1999 s. 24(2).

(d) if the business name is registered in relation to a corporation only and the name of the corporation has been deregistered under the Corporations Act or the corporation has been dissolved; or

S. 19(1)(e) inserted by No. 9522 s. 11(1)(b), amended by Nos 17/1999 s. 24(2), 8/2003 s. 37(b).s. 19

(e) if a notice is lodged with the Director under section 12(1) paragraph (a) or (b) or under section 12(4) in relation to the registered business name and the Director is of the opinion that in view of the changes disclosed in the notice, the business name is undesirable or has become misleading as to the nature, objects, purposes, location or ownership of the business carried on under that name or in any other manner.

(1A) The Director shall not cancel the registration of a business name under subsection (1)(e) unless the Director has sent by post a notice to the person or persons in relation to whom the business name is registered at the registered address of the business—

(a) stating that he proposes to cancel the registration of that name upon the expiration of such period (being a period of not less than 28 days) as is specified in the notice; and

(b) setting out his reasons for the proposed cancellation—

and upon the expiration of the period the Director may cancel the registration of that name.

(2) The Director may on any grounds which he thinks sufficient revoke any cancellation by him of the registration of a business name and in that event

36

S. 19(1)(d) amended by Nos 9699 s. 23, 35/2000 s. 25, 44/2001 s. 3(Sch. item 12.4).

S. 19(1A) inserted by No. 9522 s. 11(2), amended by Nos 69/1987 s. 20, 17/1999 s. 24(2).


the business name shall be deemed to have continued to be registered as if the registration had not been cancelled.

(3) Where the registration of a business name has been cancelled under this section a person in relation to whom the business name was registered immediately before the cancellation may apply to the Supreme Court for an order directing the Director to restore the registration of the business name.

(4) On an application under subsection (3) of this section the Supreme Court may if it is satisfied—

(a) that the Director had no reasonable grounds for cancelling the registration of the business name; or

(b) that it is just and equitable so to do—

make the order applied for upon such terms as the Court thinks fit.

(5) Upon the making of an order by the Supreme Court under subsection (4) of this section the business name shall be deemed to have continued to be registered as if the registration had not been cancelled and the Director upon the lodging with him of an office copy of the order shall make such entries and alterations in the register as he considers necessary for the purposes of the order.

20 Use and exhibition of business name14, 15

Where a business name is registered under this Act—

(a) a person or persons in relation to whom a business name is registered shall not issue or sign in connexion with the carrying on of that business any business letter statement of account invoice official notice publication

37


S. 19(4) substituted by No. 9522 s. 11(3).

s. 19

S. 19(4)(a) amended by No. 17/1999 s. 24(2).


A.C.T. s. 8, N.S.W. ss 9, 16, Vic. ss 8, 15, 20, Qld. s. 21, S.A. ss 10, 17(2), W.A. s. 11, Tas. s. 9.S. 20 amended by Nos 9522 s. 12(a)(c), 9554 s. 2(2)(Sch. 2 item 29).

s. 20

order for goods or receipt unless the business name appears in legible characters thereon; and

(b) the business name shall at all times be displayed in a conspicuous position on the outside of every place at which business is carried on under that name and at the registered address—

* * * * *

and in the event of a contravention of this section each person carrying on business under that name shall unless he proves that he took all reasonable steps to ensure compliance with this section be guilty of an offence against this Act.

Penalty: 5 penalty units: Default penalty.

21 Registrar may correct errors in register etc.16

(1) The Director may on such evidence as to him appears sufficient correct any error in any entry in the register or in any certificate of registration of a business name.

(2) When correcting an error under subsection (1) of this section the Director shall not erase or render illegible the original words and shall affix the date upon which the correction was made together with his initials.

(3) Any entry or certificate corrected under this section shall have the same validity and effect as if the error had not been made.

(4) The Director may accept and register a document lodged to correct any error in or to supply any particular omitted from a document previously lodged and registered; and in that event the

38

S. 20(b) amended by No. 9522 s. 12(b).

S. 20(c) repealed by No. 9522 s. 12(d).

A.C.T. s. 20, N.S.W. s. 18, W.A. s. 21.



S. 21(4) amended by Nos 8565 s. 24(9), 17/1999 s. 24(2), 8/2003 s. 38.

document previously lodged and that lodged under this subsection shall be read as one and shall both be incorporated with and form part of the register.

22 Inspection of the register17

(1) A person may, on payment of the prescribed fee (if any), inspect or obtain a copy of or an extract from any information contained in the register.

(2) A person may, on payment of the prescribed fee (if any), request a copy of or an extract from any information contained in the register, certified by the Director.

(3) This section does not entitle a person to inspect, obtain a copy of or an extract from, any document lodged with the Director or any information not forming part of the register.

(4) In any proceedings, a copy of or an extract from any information contained in the register, certified to be a true copy or extract by the Director, is admissible in evidence.

22A Restriction of personal information

(1) A person whose personal information is held on the register may apply to the Director to restrict public access to some or all of that personal information.

(2) If the Director is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the Director may restrict public access to some or all of that personal information.

39

A.C.T. s. 19, N.S.W. s. 17, Vic. s. 17, Qld. s. 18, S.A. s. 19(1), W.A. s. 20, Tas. s. 17.S. 22 amended by No. 8565 s. 24(9), substituted by No. 9522 s. 13, amended by Nos 69/1987 s. 21, 17/1999 s. 24(2)(4), 35/2000 s. 43, substituted by No. 8/2003 s. 39.

s. 22

S. 22A inserted by No. 8/2003 s. 39.

s. 22A

(3) The restriction of public access under subsection (2) may be for the period and on the conditions that the Director thinks fit.

(4) If the Director is satisfied that it is in the public interest that restricted personal information be released to a person who applies for it, the Director may release some or all of the information to the person on any condition that the Director thinks fit.

(5) If the Director decides to release restricted personal information, the Director must give written notice of the decision to the person whose restricted personal information is to be released.

(6) The Director must not release restricted personal information until 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released.

22B Rights of review

(1) A person whose interests are affected by a decision of the Director under section 22A may apply to the Tribunal for review of the decision.

(2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after—

(a) notice of the decision was given; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

23 Certificates of registration or non-registration18

40

S. 22B inserted by No. 8/2003 s. 39.

A.C.T. s. 19, N.S.W. s. 17, Vic. s. 17, Qld. s. 18, S.A. s. 19(2), W.A. s. 20.S. 23 amended by No. 8565 s. 24(9).

s. 23

(1) The Director shall upon request by any person and payment of the prescribed fee issue to that person—

* * * * *

(b) a certificate that a business name was or was not on a date or during a period specified in the certificate registered under this Act in relation to a person or that a firm individual or corporation was or was not on a date or during a period specified in the certificate registered under any corresponding previous enactment.

(2) The Director shall not be required to issue a certificate under paragraph (b) of subsection (1) of this section in respect of a date or a period ending on a date earlier than the commencement of this Act or more than twelve years before the date of the receipt of the request.

24 Evidence of registration or non-registration19

A document purporting to be—

(a) a certificate of registration issued under this Act;

(b) a copy of or extract from a document lodged or filed with the Director given and certified by him under section 22(1)(b);

41

S. 23(1) amended by No. 17/1999 s. 24(2).

S. 23(1)(a) repealed by No. 9522 s. 14(1).

S. 23(1)(b) amended by No. 100/1995 s. 17.

S. 23(2) amended by No. 17/1999 s. 24(2).


s. 24

S. 24(b) substituted by No. 9522 s. 14(2), amended by No. 17/1999 s. 24(2).

(c) a certificate issued under paragraph (b) of subsection (1) of section twenty-three; or

(d) a combination of two or more of the certificates copies or extracts referred to in paragraphs (a)(b) or (c) of this section—

shall in all courts and before all persons having authority to hear receive and examine evidence be prima facie evidence of any matter contained or set out therein.

25 Authority of Director to destroy documents and validation

The Director may if in his opinion it is no longer necessary or desirable to retain them destroy or give to the Keeper of Public Records any statement or document lodged filed received or registered under this Act or under any corresponding previous enactment where the registration of the business name or of the firm individual or corporation as the case may be in respect of which the statement or document was lodged filed received or registered has not been in force at any time during the preceding twelve years.

26 Invitations to the public to make deposits or loans20

(1) A person shall not, in connexion with an invitation to lend or deposit money, being an invitation made by advertisement or otherwise to the public or to any person as a member of the public, use or refer to a business name that—

(a) is registered under this Act;

(b) is required to be registered under this Act; or

42

S. 25 amended by Nos 8565 s. 24(9), 80/1988 s. 55(1), 17/1999 s. 24(2), 8/2003 s. 40.

Vic. s. 8A, S.A. s. 4A.

S. 26(1) substituted by No. 7943 s. 4(a), amended by No. 9554 s. 2(2)(Sch. 2 item 30).

(c) would, if business were carried on in the State thereunder, be required to be registered under this Act.

Penalty:50 penalty units.

(2) This section does not apply to an invitation to the public made by a public company in conformity with the requirements of the Corporations Act or to an invitation made to a person whose ordinary business it is to lend money.

27 General penalty provisions21

(1) A person who—

(a) does that which by or under this Act he is forbidden to do;

(b) does not do that which by or under this Act he is required or directed to do; or

(c) otherwise contravenes or fails to comply with any provision of this Act—

shall be guilty of an offence against this Act.

(2) A person who is guilty of an offence against this Act shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or punishment for the offence.

(3) The penalty or punishment pecuniary or other set out in or at the foot of any section or part of a section of this Act shall indicate that the offence is punishable upon conviction by a penalty or punishment not exceeding that so set out and where the penalty or punishment is expressed to apply to a part only of the section it shall apply to that part only.

28 Default penaltys. 28

43

S. 26(2) amended by Nos 7943 s. 4(b), 35/2000 s. 26, 44/2001 s. 3(Sch. item 12.4).

N.S.W. s. 12, Vic. s. 11, Qld. s. 24, S.A. s. 15, W.A. ss 15, 27, Tas. s. 12.

s. 26

S. 28(1) amended by No. 9554 s. 2(2)(Sch. 2 item 31).

(1) Where in or at the foot of any section or part of a section of this Act there appears the expression "Default penalty" it shall indicate that any person who is convicted of an offence against this Act in relation to that section or part shall be guilty of a further offence against this Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than 1 penalty unit.

(2) Where any offence is committed by a person by reason of his failure to comply with any provision of this Act by or under which he is required or directed to do anything within a particular period that offence for the purpose of subsection (1) of this section shall be deemed to continue so long as the thing so required or directed to be done by him remains undone notwithstanding that such period has elapsed.

(3) Notwithstanding anything contained in any Act, proceedings for any offence against this Act may be brought within the period of three years after the commission of the alleged offence or with the consent of the Minister, at any later time.

28A Infringement notices

(1) Where the Director has reasonable cause to believe that, whether before or after the commencement of section 21 of the Associations Incorporation and Business Names

44

S. 28(3) inserted by No. 7943 s. 5.

S. 28A inserted by No. 69/1987 s. 22.S. 28A (Heading) inserted by No. 32/2006 s. 94(Sch. item 5(1)).

s. 28A

S. 28A(1) amended by Nos 100/1995 s. 18(a), 17/1999 s. 24(2), 32/2006 s. 94(Sch. item 5(2)(a)).

(Amendment) Act 1987, a person has committed a prescribed offence, the Director may, subject to subsection (2), serve on the person an infringement notice—

(a) in accordance with the Infringements Act 2006; and

(b) in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty.

* * * * *

(1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(2) Subsection (1) does not empower the Director—

(a) to serve on a person more than one notice under that subsection in relation to an alleged commission by that person of a particular prescribed offence; or

(b) to serve on a person a notice under that subsection in relation to a prescribed offence unless proceedings could be instituted against that person for that offence in accordance with section 28(3).

* * * * *

45

S. 28A(1)(a) substituted by No. 32/2006 s. 94(Sch. item 5(2)(b)).S. 28A(1)(b) substituted by No. 32/2006 s. 94(Sch. item 5(2)(b)).

S. 28A(1)(c) amended by No. 100/1995 s. 18(b), repealed by No. 32/2006 s. 94(Sch. item 5(2)(c)).

S. 28A(1A) inserted by No. 32/2006 s. 94(Sch. item 5(3)).

S. 28A(2) amended by No. 17/1999 s. 24(2).

s. 28A

S. 28A(3) repealed by No. 32/2006 s. 94(Sch. item 5(4)(a)).

(4) Where a notice under subsection (1) is served on a person in relation to a prescribed offence constituted by a failure to do a particular act or thing—

(a) if, within the period specified in the notice, the person pays the prescribed penalty to the authority specified in the notice, and does the act or thing—no proceedings may be instituted against the person in respect of the prescribed offence; or

(b) if, at the expiration of the period specified in the notice, the person has paid the prescribed penalty to the authority specified in the notice but has not done the act or thing—no proceedings may be instituted against the person in respect of the prescribed offence, but the obligation to do that act or thing continues, and section 28 applies in relation to the continued failure to do that act or thing as if, on the day on which the person so paid the prescribed penalty, the person had been convicted of an offence constituted by a failure to do that act or thing; or

s. 28AS. 28A(4)(c) amended by Nos 100/1995 s. 18(b), 32/2006 s. 94(Sch. item 5(4)(b)).

(c) if, at the expiration of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice but has done the act or thing—proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Infringements Act 2006 may be used, against the person in respect of the prescribed offence; or

(d) if, at the expiration of the period specified in the notice, the person has not paid the

46

S. 28A(4)(d) amended by Nos 100/1995 s. 18(b), 32/2006 s. 94(Sch. item 5(4)(b)).

prescribed penalty to the authority specified in the notice and has not done the act or thing—the obligation to do that act or thing continues, and proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Infringements Act 2006 may be used, against the person in respect of the prescribed offence.

(5) Where a notice under subsection (1) is served on a person in relation to a prescribed offence, not being an offence constituted by a failure to do a particular act or thing—

(a) if, within the period specified in the notice, the person pays the prescribed penalty to the authority specified in the notice—no proceedings may be instituted against the person in respect of the prescribed offence; or

(b) if, at the expiration of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice—proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Infringements Act 2006 may be used, against the person in respect of the prescribed offence.

* * * * *

(7) Except as provided by subsections (4)(a) and (b) and (5)(a), this section does not affect the operation of any provision of this or any other Act in relation to the institution of proceedings in

47

s. 28A

S. 28A(5)(b) amended by Nos 100/1995 s. 18(b), 32/2006 s. 94(Sch. item 5(4)(b)).

S. 28A(6) repealed by No. 32/2006 s. 94(Sch. item 5(4)(c)).

respect of offences that are prescribed offences for the purposes of this section.

(8) In this section, authority includes a person.

29 Application of Fair Trading Act 199922

S. 29(1) amended by No. 17/2007 s. 36(Sch. item 2.1).s. 29

(1) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155) of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act.

(1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if—

(a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and

(b) section 152A(2) did not apply.

(1A) For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2A or 6 of the Fair Trading Act 1999 were a reference to this Act.

(2) For the purposes of subsection (1), section 154 of the Fair Trading Act 1999 applies as if a

48

A.C.T. s. 17, N.S.W. s. 19, Vic. s. 18, Qld. s. 24, W.A. s. 22.S. 29 substituted by No. 103/2004 s. 80.

S. 29(1AA) inserted by No. 2/2008 s. 60(Sch. item 2).

S. 29(1A) inserted by No. 17/2007 s. 36(Sch. item 2.2), amended by No. 72/2010 s. 48(Sch. item 3).

reference to prescribed proceedings were a reference to—

(a) proceedings for an offence against a provision of this Act (except section 13); or

(b) proceedings on an application for an injunction under section 149, 149A, 150, 151A or 151B of the Fair Trading Act 1999 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except section 13); or

(c) proceedings on an application for an order under section 158, or for damages under section 159, of the Fair Trading Act 1999 (as applied by subsection (1)).

30 Evidentiary provisions23

(1) If in any proceedings for an offence against this Act proof is given that a business name has been displayed on any premises, any person carrying on business at those premises is, in the absence of proof to the contrary, deemed to be carrying on business under that business name.

(2) If in any proceedings for an offence against this Act proof is given that a business name has been displayed on any document indicating an address or telephone number in connection with a business name, any person carrying on business on the premises at the address or in whose name the telephone number is connected, is in the absence of proof to the contrary deemed to be carrying on business under that business name.

31 As to service of notices

49

S. 29(2)(b) amended by No. 17/2007 s. 36(Sch. item 2.3).

S.A. s. 23a.S. 30 substituted by No. 100/1995 s. 19.

s. 30

S. 31 amended by No. 8565 s. 24(9), substituted by No. 9522 s. 15.

s. 31

(1) Where by this Act the Director is required or permitted to send a notice to the person or persons in respect of whom a business name is registered at the registered address of the business carried on under that name the notice may be sent by post addressed to the business name—

(a) at the registered address; or

* * * * *

(c) if the Director and the person or persons in respect of whom the business name is registered have agreed to notices being sent to a postal address that appears on the register, at that postal address; or

(d) if the Director and the person or persons in respect of whom the business name is registered have agreed to notices being sent to an electronic mailing address that appears on the register, at that electronic mailing address.

(2) Where any Act or rules of court provide for service of process on a person at his place of business or principal place of business and that person carries on a business, the name and address of which are registered under this Act, then for the purposes of that Act or those rules service on that person at the registered address of that business shall be deemed to be service at the place of business or principal place of business of that person.

32 Regulations24

50

S. 31(1) amended by No. 17/1999 s. 24(2).

S. 31(1)(b) amended by No. 35/2000 s. 27, repealed by No. 8/2003 s. 41.

S. 31(1)(c) inserted by No. 35/2000 s. 27.

S. 31(1)(d) inserted by No. 35/2000 s. 27.


s. 32

(1) The Governor in Council may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed to carry this Act into effect or to give effect to any power function duty or authority under this Act and without limiting the generality of the power conferred by this section the regulations may prescribe—

(a) the fees to be paid to the Director in respect of any document filed registered with or issued by the Director under this Act or for any act required to be performed by the Director or for the inspection of or for a copy of or extract from any information contained in the register;

* * * * *

(c) the imposition of additional fees on the late lodgement of documents;

(ca) the manner in which applications for the Minister's consent to the registration of business names which may not be registered without his consent may be made and granted, and the fees to be paid to the Director on the making of any such application and on the Minister's giving his consent to the registration of any such name;

(d) forms for the purposes of this Act;

51

S. 32(1) amended by No. 8565 s. 24(9).

S. 32(1)(a) substituted by No. 9522 s. 16(a), amended by Nos 69/1987 s. 23(1)(a)(i)(ii), 17/1999 s. 24(2), 8/2003 s. 42(a)(i)(ii).

S. 32(1)(b) amended by No. 17/1999 s. 24(2), repealed by No. 8/2003 s. 42(b).

S. 32(1)(ca) inserted by No. 7943 s. 6, amended by No. 17/1999 s. 24(2).

S. 32(1)(d) substituted by No. 69/1987 s. 23(1)(b).

(da) provisions for the verification by statutory declaration of any information supplied in forms for the purposes of this Act;

(db) offences against this Act (not being offences the penalties applicable to which include a term of imprisonment that exceeds six months or a pecuniary penalty that exceeds 25 penalty units), or offences against the regulations, for the purposes of section 28A;

(dc) in relation to each offence that is prescribed pursuant to this subsection—

* * * * *

(ii) the amount of the penalty (being an amount that does not exceed half the amount of the penalty applicable to the offence) that is payable in respect of the offence pursuant to a notice served on the person under section 28A in relation to the offence;

(dd) provisions for the keeping of records of documents required under this Act in any form approved by the Director;

52

S. 32(1)(da) inserted by No. 9522 s. 16(b), substituted by No. 69/1987 s. 23(1)(b), amended by No. 8/2003 s. 42(c).

S. 32(1)(db) inserted by No. 69/1987 s. 23(1)(b).

S. 32(1)(dc) inserted by No. 69/1987 s. 23(1)(b).

S. 32(1)(dc)(i) repealed by No. 32/2006 s. 94(Sch. item 5(5)).

s. 32

S. 32(1)(dd) inserted by No. 35/2000 s. 28(1), amended by No. 8/2003 s. 42(d).

(e) the duties of the Director for the purposes of this Act; and

(f) generally the conduct and regulation of registration under this Act.

(1A) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance.

(1B) The regulations are subject to disallowance by a House of the Parliament.

(2) Such regulations may prescribe penalties not exceeding 5 penalty units for any breach thereof.

33 Transitional

(1) Any act matter or thing of a continuing nature commenced under this Act or the regulations by or against or in relation to the Commissioner for Corporate Affairs and existing immediately before the commencement of section 26 of the Fair Trading (Inspectors Powers and Other Amendments) Act 1999 may be continued and completed on and after that commencement by or against or in relation to the Director.

(2) If, immediately before the commencement of section 26 of the Fair Trading (Inspectors Powers and Other Amendments) Act 1999, proceedings to which the Commissioner for Corporate Affairs was a party were pending or existing in any court or tribunal, then, on and after

53

S. 32(1)(e) amended by Nos 9522 s. 16(c), 17/1999 s. 24(2).

S. 32(1A) inserted by No. 69/1987 s. 23(2).

S. 32(1B) inserted by No. 69/1987 s. 23(2), substituted by No. 35/2000 s. 28(2).

S. 32(2) amended by No. 9554 s. 2(2)(Sch. 2 item 32).

S. 33 inserted by No. 17/1999 s. 26.

s. 33

that commencement, the Director is substituted for the Commissioner for Corporate Affairs as a party to the proceedings and has the same rights and obligations in the proceedings as the Commissioner for Corporate Affairs had.

34 Further transitionals

(1) If, immediately before the commencement of section 25 of the Business Licensing Legislation (Amendment) Act 2003, a person was the resident agent of a person or persons in relation to whom a business name is registered and that resident agent ceases to be the resident agent or changes his or her name or address, the person or persons in relation to whom a business name is registered must lodge a notice in accordance with subsection (2).

(2) The notice referred to in subsection (1) must be—

(a) in the form approved by the Director and contain particulars of the date of the cessation or change; and

(b) signed by—

(i) the person or one of the persons in whose name the business name is registered at the time of the cessation or change of name or address; or

(ii) the person who has ceased to be the resident agent or changed his or her name or address or personal representative; and

(c) lodged with the Director within one month of the change occurring or, if a later time is allowed by the Director, within that later time.

__________________

54

S. 34 inserted by No. 8/2003 s. 43.

s. 34s. 34

SCHEDULE

Number of Act Title of Act Extent of Repeal

6212 Business Names Act 1958 The whole

6706 Business Names (Public Borrowings) Act 1960

The whole

═══════════════

Section 3.

Sch.


56

ENDNOTES

1. General InformationThe Business Names Act 1962 was assented to on 3 April 1962 and came into operation on 6 August 1962: Government Gazette 25 July 1962 page 2577.

Endnotes


57

2. Table of AmendmentsThis Version incorporates amendments made to the Business Names Act 1962 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Justices (Amendment) Act 1969, No. 7876/1969Assent Date: 25.11.69Commencement Date: Ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70; rest of Act on 1.4.70:

Government Gazette 25.2.70 p. 463Current State: All of Act in operation

Business Names (Amendment) Act 1970, No. 7943/1970Assent Date: 2.4.70Commencement Date: 1.7.70: Government Gazette 27.5.70 p. 1466Current State: All of Act in operation

Companies (Interstate Corporate Affairs Commission) Act 1974, No. 8565/1974Assent Date: 14.5.74Commencement Date: 1.7.74: Government Gazette 29.5.74 p. 1869Current State: All of Act in operation

Age of Majority Act 1977, No. 9075/1977Assent Date: 6.12.77Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97Current State: All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980Assent Date: 27.5.80Commencement Date: 27.5.80: subject to s. 6(2)Current State: All of Act in operation

Business Names (Amendment) Act 1981, No. 9522/1981Assent Date: 31.3.81Commencement Date: 1.6.82: Government Gazette 19.5.82 p. 1577Current State: All of Act in operation

Statute Law Revision Act 1981, No. 9549/1981Assent Date: 19.5.81Commencement Date: 19.5.81: subject to s. 2(2)Current State: All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981Assent Date: 19.5.81Commencement Date: S. 2(2)(Sch. 2 items 25–32) on 1.9.81: Government

Gazette 26.8.81 p. 2799Current State: This information relates only to the provision/s

amending the Business Names Act 1962

Endnotes


58

Companies (Administration) Act 1981, No. 9698/1981Assent Date: 5.1.82Commencement Date: Ss 1, 2, 15 on 5.1.82: s. 2; rest of Act on 1.7.82:

Government Gazette 30.6.82 p. 2108Current State: All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981Assent Date: 5.1.82Commencement Date: S. 23 on 1.7.82: s. 2(1)Current State: This information relates only to the provision/s


Courts Amendment Act 1986, No. 16/1986Assent Date: 22 4.86Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180Current State: This information relates only to the provision/s


Supreme Court Act 1986, No. 110/1986Assent Date: 16.12.86Commencement Date: 1.1.87: s. 2Current State: All of Act in operation

Associations Incorporation and Business Names (Amendment) Act 1987, No. 69/1987

Assent Date: 24.11.87Commencement Date: 22.12.87: s. 2Current State: All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989Assent Date: 16.5.89Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858Current State: All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989Assent Date: 14.6.89Commencement Date: S. 3(Sch. item 17) on 1.9.90: Government Gazette

25.7.90 p. 2217Current State: This information relates only to the provision/s


Corporations (Victoria) Act 1990, No. 80/1990Assent Date: 11.12.90Commencement Date: S. 100 on 1.1.91: Special Gazette (No. 69) 21.12.90

p. 1Current State: This information relates only to the provision/s


Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995Assent Date: 5.12.95Commencement Date: Ss 11–18 on 5.12.95: s. 2(1); s. 19 on 5.6.96: s. 2(6)Current State: This information relates only to the provision/s


Endnotes


59

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999Assent Date: 18.5.99Commencement Date: Ss 24–26 on 1.9.99: Government Gazette 19.8.99



Business Registration Acts (Amendment) Act 2000, No. 35/2000Assent Date: 6.6.00Commencement Date: Ss 13–17, 19, 20(2), 25, 26, 28, 43 on 19.6.00:

Government Gazette 15.6.00 p. 1248; ss 18, 20(1), 21, 23, 27 on 11.12.00: Government Gazette 7.12.00 p. 2865; ss 22, 24 on 1.7.02: s. 2(2)

Current State: This information relates only to the provision/s amending the Business Names Act 1962

Corporations (Consequential Amendments) Act 2001, No. 44/2001Assent Date: 27.6.01Commencement Date: S. 3(Sch. item 12) on 15.7.01: s. 2Current State: This information relates only to the provision/s


Business Licensing Legislation (Amendment) Act 2003, No. 8/2003Assent Date: 6.5.03Commencement Date: Ss 22–43 on 1.11.03: Government Gazette 30.10.03



Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004Assent Date: 21.12.04Commencement Date: S. 80 on 22.12.04: s. 2(1)Current State: This information relates only to the provision/s


Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 23) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006Assent Date: 13.6.06Commencement Date: S. 94(Sch. item 5) on 1.7.06: Government Gazette

29.6.06 p. 1315Current State: This information relates only to the provision/s


Endnotes


60

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007Assent Date: 29.5.07Commencement Date: S. 36(Sch. item 2) on 30.5.07: s. 2(1)Current State: This information relates only to the provision/s


Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008Assent Date: 11.2.08Commencement Date: S. 60(Sch. item 2) on 12.2.08: s. 2(1)Current State: This information relates only to the provision/s


Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010Assent Date: 19.10.10Commencement Date: S. 48(Sch. item 3) on 1.1.11: Special Gazette

(No. 502) 20.12.10 p. 1Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


61

3. Explanatory Details

Endnotes


62

1 S. 4: The abbreviations used in the marginal references to other Acts are references to the following Acts and Ordinances:

A.C.T.: Business Names Ordinance, 1956–1961.

N.S.W.: Business Names Act 1934–1957.

Vic.: Business Names Act 1958.

Qld.: The Registration of Firms Act 1942–1958.

S.A.: Registration of Business Names Act 1928–1955.

W.A.: Business Names Act 1942–1946.

Tas.: Registration of Firms Act 1899–1946.2 S. 5: See note 1.3 S. 6: See note 1.4 S. 7: See note 1.5 S. 9: See note 1.6 S. 10: See note 1.7 S. 11: See note 1.8 S. 12: See note 1.9 S. 13: See note 1.10 S. 14: See note 1.11 S. 17: See note 1.12 S. 18: See note 1.13 S. 19: See note 1.14 S. 20: See note 1.15 S. 20: See note 3.16 S. 21: See note 1.17 S. 22: See note 1.18 S. 23: See note 1.19 S. 24: See note 1.20 S. 26: See note 1.21 S. 27: See note 1.22 S. 29: See note 1.23 S. 30: See note 1.24 S. 32: See note 1.

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