Business Names Registration (Transitional and Consequential Provisions) Act 2011 (127 of 2011)

Schedule 1   Transitional provisions

Part 8   Preserving exemptions and protecting information

25   Exemptions

(1) An entity is exempt from the requirement under section 19 of the Business Names Registration Act to include a name or the entity's ABN in a written communication in connection with a business carried on under a business name, if the entity is, immediately before the change-over day, subject to an exemption under the registration law of a State or Territory to include that information in such a communication.

(2) Subsection 19(1) of the Business Names Registration Act does not apply to the entity in relation to the communication.

Note: A defendant bears an evidential burden in relation to the matters in subitem (2): see subsection 13.3(3) of the Criminal Code.

(3) An entity is exempt from the requirement under section 20 of the Business Names Registration Act to display a name at a place, if the entity is, immediately before the change-over day, subject to an exemption from a requirement under the registration law of a State or Territory to display the name at the place.

(4) Subsection 20(1) of the Business Names Registration Act does not apply to the entity in relation to the display of the name at the place.

Note: A defendant bears an evidential burden in relation to the matters in subitem (4): see subsection 13.3(3) of the Criminal Code.