1Short title
This Act may be cited as the Business Names (National Uniform
Legislation) Implementation Act 2012.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Business Names (National Uniform
Legislation) Implementation Act 2012.
(1) This Act, other than Parts 3 and 4, commences on the day on which the Administrator's assent to this Act is declared.
Parts 3 and 4 commence on the change-over day.
In this Act:
after the change-over day means on and after the change-over day.
change-over day means the day on which Part 2 of the
Commonwealth Business Names Act commences.
Commonwealth Business Names Act means the Business
Names Registration Act 2011 (Cth).
Commonwealth
register
means the Business Names Register established and maintained under the Commonwealth Business Names Act.
Commonwealth Transitional Act means the Business
Names Registration (Transitional and Consequential Provisions)
Act 2011 (Cth).
expired but renewable business name means a business name in respect of which:
registration on the Territory register expires before the change-over day; and
a person would be entitled to make a renewal application after the change-over day if the Territory Act were still in operation; and
a renewal application has not been made under the Territory Act before the change-over day.
item, followed by a number, means the item with that number in Schedule 1 to the Commonwealth Transitional Act.
Example
Item 6 means item 6 of
Schedule 1 to the Commonwealth Transitional Act.
new business names legislation means:
the Commonwealth Business Names Act and any instrument made under that Act; and
the Commonwealth Transitional Act and any instrument made under that Act.
registration application means an application under section 10 of the Territory Act.
renewal application means an application under section
16 of the Territory Act.
Territory Act means the Business Names Act 2007 as in force immediately before the repeal.
Note
A reference to this Act does not have any referential words (such as "of this Act").
However, a reference to a specific provision of the Territory Act includes referential words to that Act (such as section 25 "of the Territory Act").
Territory register means the register of business names kept under section 49 of the Territory Act.
the repeal means the repeal of the Territory Act by
Part 3.
(1) Unless the context otherwise requires, a word used in this Act and defined under the Territory Act has the meaning given under the Territory Act.
(2) For this Act, both of the following are made when they are received by or for the Commissioner:
a registration application;
a renewal application.
The Chief Executive Officer may exercise any power or function of the
Commissioner under this Act.
(1) The Commissioner may give ASIC any information the Commissioner has acquired in connection with the performance of the Commissioner's functions under the Territory Act that is reasonably required by ASIC in connection with the performance of its functions under the Commonwealth Business Names Act or Commonwealth Transitional Act.
The Commissioner may give the information:
before or after the change-over day; and
(b) in whatever form the Commissioner considers appropriate, including an electronic form or form approved under the Commonwealth Business Names Act or Commonwealth Transitional Act.
This section applies despite any other Act or law.
The Commissioner must, before the change-over day, give ASIC notice under item 1 in relation to each business name that will be registered on the Territory register immediately before the change‑over day, other than a business name mentioned in section 7(1).
(1) The Commissioner must, before the change-over day, give ASIC notice under item 4 that the following business names are to be held for the purposes of resolving outstanding matters under the Territory Act:
(a) each business name that is the subject of a registration application made, but not finally decided under the Territory Act, before the change-over day;
(b) each business name that is the subject of a registration application refused within 28 days before the change‑over day;
each expired but renewable business name;
(d) each business name that is the subject of a notice given under section 19(2) of the Territory Act before the change‑over day in relation to which the Commissioner has not taken any action before that day;
(e) each business name that is the subject of a notice given under section 25 of the Territory Act if the period for compliance stated in the notice, or the period as extended under section 25(4) of the Territory Act, has not expired before the change-over day;
(f) each business name that is the subject of a notice given under section 26(2), 27(1) or 28(2) of the Territory Act if the 14 day period stated in the notice has not expired before the change‑over day;
(g) each business name that is the subject of an appeal started under Part 3 of the Territory Act that has not been concluded before the change-over day;
(h) each business name that is cancelled under section 26(4), 27(3) or 28(4) of the Territory Act within 28 days before the change-over day, unless the cancellation is revoked before the change-over day.
(2) The Commissioner must give ASIC information as requested under item 9 about whether a business name should continue to be held for the purposes of resolving outstanding matters.
(1) If a registration application is made during the period starting 2 weeks before the change-over day, the Commissioner:
may refuse to accept the application; and
(b) if the Commissioner refuses to accept the application – must notify the applicant about the refusal and provide the applicant with information about how to apply for registration of a business name on the Commonwealth register.
(2) This section applies despite anything to the contrary in Part 2, Division 2 of the Territory Act.
This section applies if before the change-over day:
(a) a registration application in relation to a business name is made and is not refused as mentioned in section 8; and
the application is not finally decided under the Territory Act.
(2) Despite the repeal, after the change-over day, the Commissioner must decide whether or not the business name would have been registered under the Territory Act if the Territory Act were still in operation.
If the Commissioner decides the business name:
(a) would have been registered – the Commissioner must notify ASIC under item 6 or 9 that the business name is to be registered on the Commonwealth register; or
(b) would not have been registered – the Commissioner must notify ASIC under item 8 or 9 that ASIC is to cease to hold the business name.
(1) Despite the repeal, after the change-over day but subject to section 16(3) of the Territory Act, a person may make a renewal application in relation to a business name as if the Territory Act were still in operation.
(2) If a renewal application is made in accordance with subsection (1), the Commissioner must decide whether or not registration of the business name would have been renewed under the Territory Act if the Territory Act were still in operation.
If the Commissioner decides registration:
(a) would have been renewed – the Commissioner must notify ASIC under item 6 or 9 that the business name is to be registered on the Commonwealth register; or
(b) would not have been renewed – the Commissioner must notify ASIC under item 8 or 9 that ASIC is to cease to hold the business name.
If a renewal application is not made for an expired but renewable business name within 28 days after the expiry of the registration of the business name, the Commissioner must notify ASIC under item 8 or 9 that ASIC is to cease to hold the business name.
Note for section 11
A renewal application for an expired but renewable business name could have been made as mentioned in section 10.
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