Business Names Registration Act 2011
Consent of holder of the business name to registration by another entity
31(1)
An entity to whom a business name is registered may, by notice in accordance with subsection (2) , consent to the registration of the business name to another entity.
Note:
So if, for example, the entity to whom the business name is registered uses the business name in relation to a business that is then sold, the entity might also consent to the business name being registered to the purchaser.
[ CCH Note: S 31(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 136, by omitting " in accordance with subsection (2) " , 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) .]
Prescribed manner and form
31(2)
The consent notice: (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner.
[ CCH Note: S 31(2) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 137, 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 31(2) will read:
]
31(2)
The consent notice must meet any requirements of the data standards.
Availability of business name
31(3)
If: (a) an application under section 23 for registration of a business name to an entity (the applicant ) is lodged with ASIC; and (b) each of the following notices is lodged with ASIC:
(i) a notice under subsection (1) by the entity to whom the business name is registered consenting to the registration of the business name to the applicant;
(ii) a notice under subsection 42(1) by the entity to whom the business name is registered requesting ASIC to cancel the registration of the business name to the entity;
the business name is taken to be available to the applicant.
[ CCH Note: S 31(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 138 and 139, by substituting " the Registrar " for " ASIC " in para (a) and substituting para (b), 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 (b) will read:
]
(b) the entity to whom the business name is registered has:
(i) consented to the registration of the business name to the applicant; and
(ii) requested the Registrar, under subsection 42(1) , to cancel the registration of the business name to the entity;
Potential applicant may carry on a business
31(4)
If an entity to whom a business name is registered gives notice under subsection (1) consenting to the registration of the business name to another entity (the potential applicant ), the potential applicant may notify ASIC in accordance with subsection (5) that the consent has been given.
[ CCH Note: S 31(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 140, 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) .]
31(5)
The notice: (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner.
[ CCH Note: S 31(5) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 141, 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 31(5) will read:
]
31(5)
The notice must meet any requirements of the data standards.
31(6)
If the potential applicant gives notice under subsection (4) , the potential applicant does not commit an offence under subsection 18(1) if the potential applicant carries on a business under the business name during the period of 3 months beginning on the day on which that notice is given.
Note 1:
A defendant bears an evidential burden in relation to the matters in subsection (6) : see subsection 13.3(3) of the Criminal Code .
Note 2:
Subsections (4) to (6) allow the potential applicant to trade while an application for registration of a business name is being processed.
[ CCH Note: S 31(6) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 142, by substituting " Subsections (4) and (6) " for " Subsections (4) to (6) " in note 2, 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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