Business Names Registration Act 2011
ASIC may cancel the registration of a business name to an entity if: (a) either:
(i) the entity is obliged under section 35 to notify ASIC of a change to information and the entity fails to do so within the period required under that section; or
(b) ASIC is satisfied that the failure to provide the information affects the integrity of the Business Names Register; and (c) ASIC is not satisfied that there are exceptional circumstances justifying the failure to give the information.
(ii) ASIC requests the entity to give ASIC information under section 37 and the entity fails to do so within the period specified in the request; and
[ CCH Note: S 48(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 230 - 234, by substituting " The Registrar may " for " ASIC may " and substituting " the Registrar " for " ASIC " (wherever occurring) in para (a)(i) and (ii), " the Registrar " for " ASIC " in para (b), " information recorded by the Registrar under this Act " for " Business Names Register " in para (b) and " the Registrar " for " ASIC " in para (c), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
48(2)
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity that ASIC will cancel the registration unless: (a) the information is given to ASIC within that 28 day period; or (b) the entity satisfies ASIC that there are exceptional circumstances justifying the failure to give the information.
[ CCH Note: S 48(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 235 - 237, by substituting " The Registrar must " for " ASIC must " , " notify the entity that the Registrar " for " give notice in writing to the entity informing the entity that ASIC " and substituting " the Registrar " for " ASIC " in para (a) and (b), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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