Business Names Registration Act 2011
View history note
Hide history note[ CCH Note: S 69 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 288, by substituting " THE REGISTRAR " for " ASIC " , 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) .]
ASIC may refuse to receive document etc.
69(1)
If ASIC considers that a document submitted to ASIC under this Act or the Transitional Act: (a) contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or (b) is incomplete; or (c) is to be lodged in a prescribed form or in a prescribed manner under this Act or the Transitional Act and is not submitted in that form or manner; or (d) otherwise contravenes this Act or the Transitional Act; or (e) contains an error, alteration or erasure;
ASIC may refuse to receive the document and may make a request under subsection (2) .
Note:
The effect of ASIC refusing to receive the document is that the document is not lodged with ASIC (see subsection (6) ).
[ CCH Note: S 69(1) heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 289, by substituting " The Registrar " for " ASIC " , 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) .]
[ CCH Note: S 69(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 290 - 293, by substituting " the Registrar " for " ASIC " (first and second occurring), para (c), " the Registrar may " for " ASIC may " and the note, 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) . Para (c) and the note will read:
]
(c) does not meet the requirements (if any) of the data standards; orNote:
The effect of the Registrar refusing to receive the document is that the document is not given to the Registrar (see subsection (6) ).
69(2)
For the purposes of subsection (1) , ASIC may request: (a) that the document be appropriately amended or completed and resubmitted; or (b) that a fresh document be submitted in its place; or (c) if the document is incomplete - that a supplementary document in the prescribed form be lodged.
[ CCH Note: S 69(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 294 and 295, by substituting " the Registrar " for " ASIC " and omitting " in the prescribed form " from 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) .]
[ CCH Note: S 69(2A) will be inserted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 296, 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) . S 69(2A) will read:
]
69(2A)
Lodgement of the supplementary document must meet any requirements of the data standards.
Notice to provide further document or information
69(3)
ASIC may give a written notice to an entity that submits a document (the first document ) under this Act or the Transitional Act, requiring the entity to: (a) give to ASIC any other document; or (b) give to ASIC any information;
that ASIC considers necessary in order to form an opinion as to whether it may refuse to receive the first document.
[ CCH Note: S 69(3) heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 297, by substituting " Request " for " Notice " , 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) .]
[ CCH Note: S 69(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 298 - 301, by substituting " The Registrar may request " for " ASIC may give a written notice to " , omitting " , requiring the entity " and substituting " the Registrar " for " to ASIC " in para (a) and (b) and " the Registrar considers " for " ASIC considers " , 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) .]
Notice must specify day by which entity must comply
69(4)
The notice must specify the day by which the entity must comply with the notice (which must be a reasonable period after the notice is given). ASIC may specify a later day by giving a written notice to the entity.
[ CCH Note: S 69(4) heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 302, by substituting " Request " for " Notice " , 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) .]
[ CCH Note: S 69(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 303 and 304, by substituting " request " for " notice " (first, second and third occurring) and " The Registrar may specify a later day by notifying " for " ASIC may specify a later day by giving a written notice to " , 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) .]
Requirement to comply with notice
69(5)
If the entity does not comply with the notice within the time specified in the notice, ASIC may refuse the first document.
[ CCH Note: S 69(5) heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 305, by substituting " request " for " notice " , 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) .]
[ CCH Note: S 69(5) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 306 and 307, by substituting " request " for " notice " (wherever occurring) and " the Registrar " for " ASIC " , 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) .]
Consequences of refusal to receive
69(6)
If ASIC refuses to receive a document, it is taken never to have been lodged with ASIC.
[ CCH Note: S 69(6) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 308 and 309, by substituting " If the Registrar " for " If ASIC " and " given to the Registrar " for " lodged with ASIC " , 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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