Business Names Registration Act 2011
If ASIC cancels the registration of a business name to an entity: (a) the business name is held during the review period in relation to that decision; and (b) the entity does not commit an offence under subsection 18(1) if the entity carries on a business under the business name during the review period in relation to that decision.
Note:
A defendant bears an evidential burden in relation to the matters in paragraph (1)(b) : see subsection 13.3(3) of the Criminal Code .
[ CCH Note: S 54(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 250, 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) .]
54(2)
The review period , in relation to a decision to cancel the registration of a business name to an entity, is: (a) a period of 4 months beginning on the day on which the entity is notified of the decision under section 52 ; or (b) if ASIC determines a longer period under subsection (3) - that longer period.
[ CCH Note: S 54(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 251, by substituting " 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) .]
54(3)
ASIC may determine in writing a longer review period. The determination is not a legislative instrument.
[ CCH Note: S 54(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 252, 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) .]
54(4)
ASIC must give a copy of the determination to the entity.
[ CCH Note: S 54(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 252, 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) .]
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