Business Names Registration Act 2011
[ CCH Note: S 43 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 206, 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 cancel the registration of a business name to an entity if: (a) ASIC becomes aware of a matter after the business name is registered to the entity; and (b) ASIC is satisfied that, had it known of the matter at the time the business name was registered to the entity, ASIC would not have registered the business name to the entity; and (c) ASIC is not satisfied that there are exceptional circumstances justifying the continued registration of the business name.
[ CCH Note: S 43(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 207 and 208, by substituting " The Registrar may " for " ASIC may " and substituting " the Registrar " for " ASIC " (wherever occurring) in para (a), (b) and (c), 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) .]
43(2)
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity: (a) of the matter that has, since registration, become known to ASIC; and (b) that ASIC will cancel the registration of the business name unless the entity satisfies ASIC that there are exceptional circumstances justifying the continued registration of the business name.
[ CCH Note: S 43(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 209 and 210, by substituting " The Registrar must, at least 28 days before cancelling the registration, notify the entity " for " ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity " and substituting " the Registrar " for " ASIC " (wherever occurring) in para (a) and (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) .]
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