Business Names Registration (Transitional and Consequential Provisions) Act 2011

the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

Using or disclosing information in accordance with the consent of the person who provided the information is authorised use and disclosure of the information.

details of the level of access to the Business Names Register using the internet and other facilities; and

the timeliness with which ASIC carries out its duties, functions and powers under the Act; and

the cost of registration of a business name under the Act.

The Minister must cause a copy of each annual report to be sent to the Attorney‑General of each State and Territory as soon as practical after the Minister receives the report.

uses as a business name (within the meaning of the Business Names Registration Act 2011) or part of a business name;

if the account is held in a business name registered on the Business Names Register—that fact and a copy of the entry in the Business Names Register obtained under section 60 of the Business Names Registration Act 2011 relating to the business name and containing the details referred to in paragraphs 33(1)(a), (b), (d) and (e) of that Act (identification details, business name, address for service and period of registration);

if the account is held in a business name of which registration on the Business Names Register has been applied for but not yet obtained—that fact and a copy of the application;

This Chapter does not apply to the use of a business name in connection with a business if:

the name was registered under a law of a State or Territory relating to business names immediately before 20 September 2001 in relation to the business; and

the name is registered in relation to the business under a law of the Commonwealth or a State or Territory relating to business names.

any business name registered to the entity on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011;

starting at the start of 22 June 2022; and

ending at the end of the day before the day on which Part 2 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences.

an item of Part 2 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020;

an item of Part 3 of Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021;

an item of Part 4 of Schedule 2 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021.

The object of this item is to treat all situations during the interim period in every respect as if:

the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and

the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

An act or thing that was done at any time during the interim period is as valid, and is taken always to have been as valid, as it would have been if:

the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and

in particular, the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

Without limiting subitem (2), if:

a function or power conferred by the Business Names Registration Act or this Act was delegated to a person; and

the delegation was in force immediately before 22 June 2022; and

but for this subitem, the delegation would have ceased to have effect at the start of 22 June 2022 because of any of the amendments made by the postponed items;

an act or thing done by the delegate in the interim period is, and is taken always to have been, as valid a performance or exercise of the function or power as it would have been if the delegation had continued in force throughout the interim period; and

the delegation has effect, on and after the day section 1 of the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences, as if it had been made at the time that section commences.

This item applies to an act or thing, regardless of the basis on which, or capacity in which, the act or thing was done or purported to be done.

An amendment of a provision of the Business Names Registration Act or this Act that is made by an amending item applies, in relation to a matter (the relevant matter), on and after the earliest of the following days:

if the amending item is covered by a notifiable instrument in force under paragraph (2)(a) of this item—the day the instrument specifies for the item;

if the amending item is covered by a notifiable instrument in force under paragraph (2)(b) of this item that specifies matters for the item that include the relevant matter—the day the instrument specifies for the item in relation to those matters;

1 July 2026.

The provision, as in force immediately before the commencement day for the amending item, will continue to apply in relation to the relevant matter until the day that applies under this subitem.

The Minister:

may by notifiable instrument specify days for amending items for the purposes of paragraph (1)(a); and

may by notifiable instrument specify days and matters for amending items for the purposes of paragraph (1)(b).

For specification by class, see subsection 13(3) of the Legislation Act 2003.

A day specified for an amending item in a notifiable instrument made under subitem (2) must be:

on or after the day that the instrument is made; and

on or after the commencement day for the amending item.

Without limiting subsection 13(3) of the Legislation Act 2003, an instrument made under subitem (2) of this item may specify all amending items as a class of amending items.

by ASIC or a person mentioned in any of paragraphs (c) to (e) of that section; and

either:

before the application day for the amendment made by that amending item, as applying in relation to that matter; or

in accordance with item 6 of this Schedule.

nominates, or withdraws the nomination of, a person as the principal contact in relation to an entity under section 82, 84, 86 or 87 of the Business Names Registration Act; and

is validly lodged with ASIC under that section;

Whether a notice is validly lodged will be affected by whether an amending item that amends that section has commenced and how the amendment made by that amending item applies to the circumstances in which the notice is lodged. For the application of amending items, see item 3 of this Schedule.

an amending item amends a provision of the Business Names Registration Act or this Act; and

before the application day for the amendment made by the amending item, as applying in relation to a matter, ASIC started doing a thing that relates to that matter under the provision as in force immediately before the commencement day for the amending item; and

immediately before that application day, ASIC had not finished doing that thing; and

on and after that application day, doing that thing is within the powers or functions of the Registrar;

ASIC may finish doing that thing as if that thing were being done by the Registrar in performing or exercising the Registrar’s functions or powers; and

to the extent that ASIC does not finish doing that thing under paragraph (e), the Registrar may finish doing that thing in performing and exercising the Registrar’s functions and powers.