Business Names Registration Act 2011
ASIC may cancel the registration of a business name to an entity if: (a) either:
(i) the entity is obliged under section 35 to notify ASIC of a change to information and the entity fails to do so within the period required under that section; or
(b) ASIC is satisfied that the failure to provide the information affects the integrity of the Business Names Register; and (c) ASIC is not satisfied that there are exceptional circumstances justifying the failure to give the information.
(ii) ASIC requests the entity to give ASIC information under section 37 and the entity fails to do so within the period specified in the request; and
[ CCH Note: S 48(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 230 - 234, by substituting " The Registrar may " for " ASIC may " and substituting " the Registrar " for " ASIC " (wherever occurring) in para (a)(i) and (ii), " the Registrar " for " ASIC " in para (b), " information recorded by the Registrar under this Act " for " Business Names Register " in para (b) and " the Registrar " for " ASIC " in para (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) .]
48(2)
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity that ASIC will cancel the registration unless: (a) the information is given to ASIC within that 28 day period; or (b) the entity satisfies ASIC that there are exceptional circumstances justifying the failure to give the information.
[ CCH Note: S 48(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 235 - 237, by substituting " The Registrar must " for " ASIC must " , " notify the entity that the Registrar " for " give notice in writing to the entity informing the entity that ASIC " and substituting " the Registrar " for " ASIC " 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) .]
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
