Business Names Registration Act 2011
If a reviewable decision is made by ASIC other than as a delegate of the Minister, an entity on whose application the decision is reviewable may lodge an application with ASIC (the review body ) for review of the decision.
[ CCH Note: S 57(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 263 - 265, by substituting " by the Registrar " for " by ASIC " , " apply to the Registrar " for " lodge an application with ASIC " and inserting " The application must meet any requirements of the data standards. " at the end, 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) .]
57(2)
If a reviewable decision is made by an ASIC member or staff member as a delegate of the Minister, an entity on whose application the decision is reviewable may lodge an application with the Minister (the review body ) for review of the decision.
[ CCH Note: S 57(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 266 and 267, by substituting " the Registrar " for " an ASIC member or staff member " and " apply to " for " lodge an application with " , 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) .]
57(3)
An application for review of a decision: (a) must set out the reasons for making the application; and (b) must be in the prescribed form; and (c) must be lodged in the prescribed manner.
[ CCH Note: S 57(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 268 and 269, by inserting " under subsection (2) " after " An application " and substituting " made " for " lodged " 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) .]
57(4)
An application for review of a decision must be lodged: (a) in the case of a decision of the kind specified in item 1 of the table in section 56 - within 15 months after the day on which the business name is registered to the entity; or (b) in any other case - within 28 days after the entity is notified of the decision.
[ CCH Note: S 57(4) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 270, 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 57(4) will read:
]
57(4)
An application under subsection (2) for review of a decision must be made within 28 days after the entity is notified of the decision.
57(5)
Despite subsection (4) , an application for review of a decision may be lodged within such longer period as the review body allows.
[ CCH Note: S 57(5) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 271, by substituting " made " for " lodged " , 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) .]
57(6)
After an application for review of a decision is lodged with a review body, the review body must review the decision and: (a) affirm the decision under review; or (b) vary the decision under review; or (c) set aside the decision under review and make a decision in substitution for it.
[ CCH Note: S 57(6) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 272, by substituting " made " for " lodged with a review body " , 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) .]
57(7)
A decision of the review body under subsection (6) takes effect: (a) on a day, provided in the decision, that is after the decision is made; or (b) if a day is not so provided - on the day on which the decision is made.
57(8)
If the review body has not decided an application by an entity for review of a decision: (a) where the review body is ASIC - within 28 days after the application is lodged; and (b) where the review body is the Minister - within 60 days after the application is lodged;
the entity may, at any time, give the review body written notice that the entity wishes to treat the decision as having been affirmed.
[ CCH Note: S 57(8) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 273, 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 57(8) will read:
]
57(8)
If the Registrar, as the review body, has not decided an application by an entity for review of a decision within 28 days after the application is made, the entity may, at any time, notify the review body that the entity wishes to treat the decision as having been affirmed.
[ CCH Note: S 57(8A) and (8B) will be inserted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 273, 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 57(8A) and (8B) will read:
]
57(8A)
The notification must meet any requirements of the data standards.
57(8B)
If the Minister, as the review body, has not decided an application by an entity for review of a decision within 60 days after the application is made, the entity may, at any time, notify the review body, in writing, that the entity wishes to treat the decision as having been affirmed.
For the purposes of section 58 , if an entity gives notice under subsection (8) , the review body is taken to have refused the entity ' s application on the day on which the notice is given.
[ CCH Note: S 57(9) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 274 and 275, by substituting " a notification under subsection (8) or (8B) " for " notice under subsection (8) " and " notification " for " notice " (last occurring), 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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