Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (69 of 2020)
Schedule 1 Amendments relating to the Registrar
Part 2 Other amendments
Business Names Registration (Transitional and Consequential Provisions) Act 2011
346 Items 18 to 20 of Schedule 1
Repeal the items, substitute:
18 Distinguishing words and expressions
(1) This item applies if 2 or more business names that are identical or nearly identical are registered under this Act.
(2) This item also applies if one or more of the business names are subsequently registered under the Business Names Registration Act under an application to which an entity to whom the business name or names were previously registered has consented by notification under section 31 of that Act.
(3) The Registrar may, by notifying each entity to whom one of the business names is registered, nominate a word or expression to be recorded in relation to the business name registered to that entity.
(4) The Registrar may only nominate a word or expression to an entity if the Registrar is reasonably satisfied the inclusion of the word or expression would assist in distinguishing a business or businesses carried on by the entity from a business or businesses carried on by another entity.
(5) Without limiting subitem (4), a word or expression nominated by the Registrar may be a word or expression identifying the location at which a business is, or businesses are, carried on by the entity under one or more of the business names.
(6) If the Registrar notifies an entity of a nomination, the entity must, within 28 days after the notification, notify the Registrar:
(a) of the entity's acceptance of the nomination; or
(b) of an objection to the nomination, and a nomination of an alternative word or expression.
The notification by the entity must meet any requirements of the data standards.
(7) If an entity fails to comply with subitem (6), the entity is taken to have accepted the nomination.
(8) The Registrar must accept the alternative word or expression nominated by the entity unless reasonably satisfied that, if:
(a) the word or expression were added to the business name; and
(b) the entity made application to register the business name as altered;
the business name as altered would not be available to the entity under section 25 of the Business Names Registration Act.
(9) The Registrar must:
(a) notify the entity whether it accepts or rejects the alternative word or expression; and
(b) if the Registrar rejects the alternative - specify in the notification the word or expression that is to be recorded under item 20.
19 Meaning of distinguishing word or expression
A word or expression is the distinguishing word or expression that relates to a business carried on by an entity under a business name, if:
(a) the word or expression is nominated by the Registrar in relation to the business name by notification to the entity under subitem 18(3) and accepted by the entity under paragraph 18(6)(a); or
(b) the word or expression is nominated by the Registrar in relation to the business name by notification to the entity under subitem 18(3) and taken to have been accepted by the entity under subitem 18(7); or
(c) the word or expression is nominated by the entity in relation to the business name by notification under paragraph 18(6)(b) and accepted by the Registrar under subitem 18(8); or
(d) in a case where an alternative word or expression is nominated in relation to the business name by the entity under paragraph 18(6)(b) and rejected by the Registrar under subitem 18(8) - the word or expression is specified in the Registrar's notification under subitem 18(9).
20 The Registrar must record the distinguishing word or expression
(1) The Registrar must record the distinguishing word or expression that relates to a business or businesses carried on by an entity under a business name registered to the entity.
(2) However, the distinguishing word or expression does not form part of the business name.
(3) The Registrar may remove the record of a distinguishing word or expression in relation to a business name if the Registrar is reasonably satisfied that the removal would not lead to confusion about who is carrying on a business or businesses under that business name.
(4) If the Registrar removes the record, the Registrar must notify the following entities of the removal:
(a) the entity to whom the business name is registered;
(b) each entity for whom the Registrar has contact details to whom the business name, or a nearly identical business name, was formerly registered.
(5) The Registrar may also notify any other entity of the removal of the distinguishing word or expression if the Registrar is reasonably satisfied that the other entity's interests might be affected by the removal.