Business Names Registration Act 2011
PART 1
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PRELIMINARY
Division 5
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Objects of this Act and consequences of registration
SECTION 16
OBJECTS OF THIS ACT
16(1)
The objects of this Act are: (a) to ensure that if an entity carries on a business under a business name, those who engage or propose to engage with that business can identify the entity and how the entity may be contacted; and (b) to remove the inconvenience caused by the registration of business names under the law of more than one jurisdiction within Australia.
16(2)
These objects are achieved by requiring an entity that intends to carry on a business under a business name to register the business name on a nationally established and maintained register of business names.
16(3)
The objects of this Act are also: (a) to avoid confusion by ensuring that business names that are identical or nearly identical are not registered; and (b) to ensure that business names that are undesirable (for example, because they are offensive) are not registered; and (c) to ensure that business names that should be restricted for any other reason (for example, because they might mislead consumers) are not registered.
16(4)
The objects mentioned in subsection (3) are achieved by rules dealing with the availability of business names.
The objects of this Act are: (a) to ensure that if an entity carries on a business under a business name, those who engage or propose to engage with that business can identify the entity and how the entity may be contacted; and (b) to remove the inconvenience caused by the registration of business names under the law of more than one jurisdiction within Australia.
16(2)
These objects are achieved by requiring an entity that intends to carry on a business under a business name to register the business name on a nationally established and maintained register of business names.
[ CCH Note: S 16(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 115, by omitting all the words after " the business name " , 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) .]
16(3)
The objects of this Act are also: (a) to avoid confusion by ensuring that business names that are identical or nearly identical are not registered; and (b) to ensure that business names that are undesirable (for example, because they are offensive) are not registered; and (c) to ensure that business names that should be restricted for any other reason (for example, because they might mislead consumers) are not registered.
16(4)
The objects mentioned in subsection (3) are achieved by rules dealing with the availability of business names.
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