Business Names (Commonwealth Powers) Act 2011

This section applies if—

a statement is purportedly lodged by a person under the section 12 of the existing Act before the change-over day; and

the registrar has not taken any action in relation to the statement before that day; and

on or after that day, the registrar reasonably believes the statement—

contains an alteration or erasure, or a matter contrary to law; or

is incomplete; or

does not comply with the existing Act as it was in force when the statement was required to be lodged.

If the business name is not being held by ASIC under the Commonwealth Transitional Act, the registrar—

can not take action under section 16 or 16A of the existing Act in relation to the statement; and

must give the person a written notice stating that—

the registrar reasonably believes the statement was not lodged as required under the existing Act; and

the grounds for the registrar’s reasonable belief; and

the person may be required under the Commonwealth Business Names Act to give the information contained in the statement to ASIC; and

must refund any fee that accompanied the statement.

If the business name is being held by ASIC under the Commonwealth Transitional Act, sections 16 and 16A of the existing Act continue to apply in relation to the statement.

This section does not prevent the person from committing an offence against section 12(5) or 17(1) of the existing Act in relation to the statement.