Existing business names legislation ceases to have effect on change-over day
3 Existing business names legislation ceases to have effect on change-over day
The existing business names legislation ceases to have effect in relation to business names (within the meaning of the Business Names Act 2002) on the change-over day, except as provided otherwise by this Part.
If a provision of the existing business names legislation (the primary provision) is continued in effect by this Part:
any other provision of the existing business names legislation (a related provision) that is referred to in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision, and
any power to make regulations in respect of a matter that is conferred by the primary provision or a related provision is taken on and after the change-over day to include a power for the matter to be prescribed by regulations made under this Act.
The regulations under the Business Names Act 2002 as in force immediately before the change-over day continue to apply for the purposes of a primary provision or related provision that confers a regulation-making power for a matter under the Business Names Act 2002 until regulations are made under this Act for that matter.
This Part has effect:
despite anything to the contrary in the existing business names legislation, and
in relation to provisions of the existing business names legislation that this Part continues in effect on or after the change-over day even after the legislation is repealed by Schedule 2.
Note—
Schedule 2, when read with section 2, provides for the repeal of the Business Names Act 2002 and regulations made under that Act on a day or days appointed by proclamation.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.