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 41 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 200, 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) .]
If an entity has failed to comply with any provision of this Act or the Transitional Act that requires the entity to lodge with ASIC any information, ASIC may give the entity a written notice requiring the entity to comply with the requirement within 10 business days after the notice is given.
[ CCH Note: S 41(1) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 201, 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 41(1) will read:
]
41(1)
If an entity has failed to comply with any provision of this Act or the Transitional Act that requires the entity to give the Registrar any information, the Registrar may notify the entity that the entity must comply with the requirement within 10 business days after the notification is given.
41(2)
If the entity does not comply with the notice within that period, the Federal Court may, on an application by ASIC, make an order directing any of the following persons to comply with the requirement or request: (a) if the entity is a person - the entity; (b) if the entity is a body corporate - a director, secretary or senior manager of the body corporate; (c) if the entity is a partnership or the trustees of a trust - a partner or trustee; (d) if the entity is an unincorporated association - a member of the committee of management of the association; (e) in the case of a joint venture, an individual who is a joint venture entity or involved in the management of a joint venture entity.
[ CCH Note: S 41(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 202, 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) .]
41(3)
In paragraph (2)(e) , joint venture and joint venture entity have the same meaning as in Part 10 .
41(4)
The order may provide that all costs of and incidental to the application are to be borne by the person.
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