Business Names (Commonwealth Powers) Act 2011

Each of the following matters is a continuing business names matter to the extent that the matter is included in the legislative powers of the Parliament of the State—

the registration of business names;

the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity;

the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity;

the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity’s own;

the prohibition or restriction of the use of business names that are undesirable, offensive or confusing;

the prohibition or restriction of the use of business names by an entity because—

the entity has engaged in unlawful conduct; or

a person involved in the management of the entity has engaged in unlawful conduct.

However, none of the following matters is a continuing business names matter—

the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name;

the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name registered to the entity on a notified State register;

the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in a State law;

the imposition of an obligation on a government body to include a name in a communication or to display a name;

the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State register;

the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in a State law;

the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision;

any matter relating to the imposition or payment of taxes under a State law.