Business Names Registration Act 2011
Each of the following matters is a referred business names matter : (a) the registration of business names; (b) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity; (c) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity; (d) the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity ' s own; (e) the prohibition or restriction of the use of business names that are undesirable, offensive or confusing; (f) the prohibition or restriction of the use of business names by an entity because:
(i) the entity has engaged in unlawful conduct; or
(ii) a person involved in the management of the entity has engaged in unlawful conduct.
9(2)
However, none of the following matters is a referred business names matter : (a) the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name; (b) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is registered to the entity on a notified State/Territory register; (c) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act; (d) the imposition of an obligation on a government body to include a name in a communication or to display a name; (e) the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State/Territory register; (f) the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act; (g) the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision; (h) any matter relating to the imposition or payment of taxes under an Act of a State, or an instrument made under such an Act.
9(3)
In this section:
exemption provision
means a provision in the terms, or substantially in the terms, of subsection
19(5)
or
20(3)
.
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