Business Names Registration Act 2011
If ASIC refuses an application for registration of a business name to an entity, it must: (a) give written notice to the applicant of the refusal and the reasons for refusal; and (b) if the applicant has paid the registration fee - refund the registration fee to the applicant.
[ CCH Note: S 34(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 155 - 157, by substituting " the Registrar " for " ASIC " , " the Registrar must " for " it must " and substituting " notify the applicant " for " give written notice to the applicant " in para (a), 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) .]
34(2)
If ASIC has not decided an application for registration of a business name to an entity within 28 days after the application is lodged, the entity may, at any time, lodge with ASIC notice that the entity wishes to treat the application as having been refused.
[ CCH Note: S 34(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 158 and 159, by substituting " the Registrar has " for " ASIC has " and " notify the Registrar " for " lodge with ASIC notice " , 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) .]
34(3)
The notice under subsection (2) : (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner.
[ CCH Note: S 34(3) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 160, 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 34(3) will read:
]
34(3)
The notification must meet any requirements of the data standards.
34(4)
If an entity lodges notice under subsection (2) : (a) for the purposes of Part 7 (Review), ASIC is taken to have refused the entity ' s application for registration on the day on which the notice is lodged; and (b) if the entity has paid the registration fee - ASIC must refund the registration fee to the applicant.
[ CCH Note: S 34(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 161 - 164, by substituting " notifies the Registrar " for " lodges notice " and substituting " the Registrar " for " ASIC " in para (a), " notification is given " for " notice is lodged " in para (a) and " the Registrar " for " ASIC " in 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) .]
34(5)
For the purposes of counting the 28 days mentioned in subsection (2) , disregard each period (if any): (a) starting on the day when ASIC requests the entity under subsection 24(2) to give ASIC specified information or a specified document; and (b) ending at the end of the day the entity gives ASIC the specified information or specified document.
[ CCH Note: S 34(5) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 165 - 168, by substituting " the Registrar " for " ASIC " (wherever occurring) in para (a), " information " for " specified information or a specified document " in para (a), " the Registrar " for " ASIC " in para (b) and " information " for " specified information or specified document " in 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) .]
[
CCH Note:
S 34A will be inserted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 169, 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 34A will read:
SECTION 34A THE REGISTRAR MUST MAINTAIN RECORDS
]
34A
The Registrar must maintain a record of information relating to registrations under this Part.
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