Explanatory Memorandum
(Circulated by the authority of the Minister for Small Business, Minister Assisting on Deregulation and Public Sector Superannuation, Minister Assisting the Minister for Tourism, Senator the Hon Nick Sherry)Chapter 12 Notified State and Territory Registers
Outline of chapter
12.1 Chapter 11 of this explanatory memorandum outlines the arrangements relating to a notified State or Territory Register
Detailed explanation of new law
12.2 When registration of a business name is sought pursuant to section 25, the name sought cannot be identical or nearly identical to the name of an entity on a notified State or Territory register. Section 6 of the Bill defines such a register as a register specified, or of a kind specified, in Schedule 1 as modified by regulations. The Schedule sets out a range of State and Territory registers that contain the names of entities or collections of persons recognised under the laws of these jurisdictions; listed registers include those relating to cooperatives, incorporated associations, incorporated or limited liability partnerships and church entities.
Application and transitional provisions
12.3 All provisions in Part 11 will commence on a single day to be fixed by proclamation. The date of proclamation will depend on when the final State or Territory passes its referral legislation or adopts the Commonwealth legislation.
12.4 Transitional provisions are contained in the Business Names Registration (Transitional and Consequential Provisions) Bill 2011.
Consequential amendments
12.5 Consequential provisions are contained in the Business Names Registration (Transitional and Consequential Provisions) Bill 2011.
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