Commissioner may act for purposes of national business names legislation
4B Commissioner may act for purposes of national business names legislation
In this section —
business names information means information obtained by the Commissioner in connection with the administration or enforcement of this Act.
The Commissioner may, on behalf of the State —
give ASIC notifications under the Commonwealth Transitional Act Schedule 1; and
do any other thing that is required to be done by the State to facilitate the transition to the national business names legislation.
Without limiting subsection (2), the Commissioner may, under the Commonwealth Transitional Act Schedule 1 Part 2 —
give ASIC notification that a business name is to be held for the purposes of resolving outstanding matters in relation to the business name; and
if the Commissioner is satisfied that all outstanding matters in relation to the business name have been finally resolved, give the appropriate notification to ASIC.
Without limiting subsection (2) or (3), the Commissioner may —
disclose to ASIC business names information; and
give to ASIC copies of records, containing business names information, that are in the Commissioner’s possession or under the Commissioner’s control.
The Commissioner may —
give notifications under subsection (2) or (3); or
disclose business names information, or give a copy of a record, under subsection (4),
in whatever form the Commissioner considers appropriate (which may include by means of electronic data or in a form appropriate for the purposes of the national business names legislation).
If anything that this section authorises the Commissioner to do would be contrary to any enactment relating to secrecy or confidentiality, this section prevails.
Without limiting section 31C, the doing of anything in good faith under this section —
does not result in any person incurring civil or criminal liability; and
is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and
is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.
In this section, a reference to the doing of anything includes a reference to an omission to do anything.
[Section 4B inserted: No. 6 of 2012 s. 18.]
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