Business Names Registration Act 2011
[ CCH Note: Pt 4 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 170, 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) .]
[ CCH Note: S 37 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 179, 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) .]
ASIC may request an entity (other than a government body) to give ASIC information relevant for the purposes of establishing or maintaining the Business Names Register.
[ CCH Note: S 37(1) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 180, 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 37(1) will read:
]
37(1)
The Registrar may request an entity (other than a government body) to give the Registrar information relevant to the maintenance of information relating to registrations under this Act.
37(2)
A request under subsection (1) to an entity: (a) is to be made by notice in writing to the entity; and (b) must specify:
(i) the information the entity is to give; and
(ii) the period within which the entity is to give the information.
The period specified under subparagraph (b)(ii) must be of at least 28 days, beginning on the day on which the notice is given.
[ CCH Note: S 37(2) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 180, 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 37(2) will read:
]
37(2)
The request must specify:
(a) the information the entity is to give; and
(b) a period of at least 28 days, beginning on the day on which the request is given, within which the entity is to give the information.
37(3)
If ASIC requests an entity to give information under this section, the entity must comply with the request.
Penalty: 5 penalty units.
[ CCH Note: S 37(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 181, 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) .]
37(4)
Subsection (3) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
37(5)
The information must be given by lodging a response with ASIC in the prescribed form and manner.
[ CCH Note: S 37(5) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 182, 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 37(5) will read:
]
37(5)
In complying with the request, the entity must meet any requirements of the data standards.
37(6)
If: (a) an entity fails to comply with a request given under this section; and (b) ASIC reasonably believes that information on the Business Names Register to which the request relates is not correct;
ASIC may delete, correct or annotate the information on the Register.
[ CCH Note: S 37(6) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 183, 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 37(6) will read:
]
37(6)
If:
(a) an entity fails to comply with a request under this section; and
(b) the Registrar reasonably believes that information held by the Registrar to which the request relates is not correct;the Registrar may delete, correct or annotate the information.
37(7)
If: (a) an entity gives ASIC information in purported compliance with a request given under this section; and (b) ASIC reasonably believes that the information is incorrect;
ASIC may decide not to include the information on the register, or to include the information in a corrected or annotated form.
[ CCH Note: S 37(7) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 183, 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 37(7) will read:
]
37(7)
If:
(a) an entity gives the Registrar information in purported compliance with a request under this section; and
(b) the Registrar reasonably believes that the information is incorrect;the Registrar may decide not to record the information, or to record the information in a corrected or annotated form.
37(8)
If ASIC deletes, decides not to include, corrects or annotates information under subsection (6) or (7) , ASIC must give the entity to whom the business name is registered notice in writing: (a) setting out the action ASIC has taken; and (b) in the case of a correction or annotation, setting out the details of that correction or annotation; and (c) giving ASIC ' s reasons for its decision.
[ CCH Note: S 37(8) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 183, 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 37(8) will read:
]
37(8)
If the Registrar deletes, corrects or annotates information under subsection (6), or decides not to record information or to record it in a corrected or annotated form under subsection (7), the Registrar must notify the entity to whom the business name is registered of the following:
(a) the action the Registrar has taken;
(b) in the case of a correction or annotation - the details of that correction or annotation;
(c) the Registrar ' s reasons for its decision.
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