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Business Names Registration Act 2011
- PART 1 - PRELIMINARY
- Division 1 - Introduction
- SECTION 1 SHORT TITLE
- SECTION 2 COMMENCEMENT
- Division 2 - Definitions
- SECTION 3 DICTIONARY
- SECTION 4 BUSINESS
- SECTION 5 ENTITIES
- SECTION 6 NOTIFIED STATE/TERRITORY REGISTERS
- SECTION 6A MEANING OF REGISTRAR
- Division 3 - Constitutional basis and application of this Act and the Transitional Act
- SECTION 7 CONSTITUTIONAL BASIS FOR THIS ACT AND THE TRANSITIONAL ACT
- SECTION 8 MEANING OF REFERRING/ADOPTING STATE
- SECTION 9 MEANING OF REFERRED BUSINESS NAMES MATTER
- SECTION 10 GENERAL APPLICATION OF THIS ACT AND THE TRANSITIONAL ACT
- SECTION 11 GOVERNMENT BODIES NOT LIABLE TO PROSECUTION
- Division 4 - Interaction between business names legislation and State and Territory laws
- SECTION 12 CONCURRENT OPERATION INTENDED
- SECTION 13 WHEN BUSINESS NAMES LEGISLATION DOES NOT APPLY
- SECTION 14 AVOIDING DIRECT INCONSISTENCY BETWEEN COMMONWEALTH AND STATE AND TERRITORY LAWS
- SECTION 15 REGULATIONS TO DEAL WITH INTERACTION BETWEEN LAWS
- Division 5 - Objects of this Act and consequences of registration
- SECTION 16 OBJECTS OF THIS ACT
- SECTION 17 CONSEQUENCES OF REGISTRATION OF A BUSINESS NAME
- PART 2 - OFFENCES RELATING TO BUSINESS NAMES
- SECTION 18 OFFENCE - CARRYING ON A BUSINESS UNDER AN UNREGISTERED BUSINESS NAME
- SECTION 19 OFFENCE - MUST INCLUDE BUSINESS NAME IN WRITTEN COMMUNICATIONS
- SECTION 20 OFFENCE - MUST DISPLAY BUSINESS NAME AT PLACES OPEN TO PUBLIC
- SECTION 21 OFFENCE - CARRYING ON A BUSINESS UNDER A BUSINESS NAME WHILE DISQUALIFIED
- PART 3 - REGISTERING A BUSINESS NAME
- SECTION 22 THE BUSINESS NAMES REGISTER
- SECTION 23 APPLICATION TO REGISTER A BUSINESS NAME
- SECTION 24 DECISION TO REGISTER A BUSINESS NAME TO AN ENTITY
- SECTION 25 IS A BUSINESS NAME AVAILABLE TO AN ENTITY?
- SECTION 26 IDENTICAL OR NEARLY IDENTICAL NAMES
- SECTION 27 UNDESIRABLE NAMES
- SECTION 28 RESTRICTED WORDS AND EXPRESSIONS
- SECTION 29 PRIORITY
- SECTION 30 REFUSAL FOR FAILURE TO PAY REGISTRATION FEE ON TIME
- SECTION 31 CONSENT APPLICATIONS
- SECTION 32 DISQUALIFIED ENTITIES
- SECTION 33 STEPS TAKEN BY ASIC TO REGISTER A BUSINESS NAME TO AN ENTITY
- SECTION 34 REFUSAL TO REGISTER
- PART 4 - OBLIGATIONS TO GIVE INFORMATION TO ASIC
- SECTION 35 NOTIFYING CHANGES - ENTITY THAT GIVES INFORMATION TO ASIC
- SECTION 36 OBLIGATION TO NOTIFY ASIC IF ENTITY BECOMES DISQUALIFIED
- SECTION 37 OBLIGATION TO GIVE ASIC INFORMATION IF REQUESTED
- SECTION 38 NOTIFYING ASIC OF BANKRUPTCY, INSOLVENCY ETC.
- SECTION 39 NOTIFYING ASIC OF APPOINTMENT OF A LEGAL PERSONAL REPRESENTATIVE
- SECTION 40 NOTIFICATION BY SUCCESSOR IN RELATION TO A DECEASED ESTATE
- SECTION 41 FEDERAL COURT MAY ORDER INFORMATION BE GIVEN TO ASIC
- PART 5 - CANCELLING THE REGISTRATION OF A BUSINESS NAME
- SECTION 42 CANCELLATION - REQUEST BY ENTITY TO WHOM BUSINESS NAME IS REGISTERED
- SECTION 43 CANCELLATION - ASIC BECOMES AWARE OF MATTER THAT WOULD HAVE AFFECTED REGISTRATION DECISION
- SECTION 44 CANCELLATION - ENTITY IS DISQUALIFIED
- SECTION 45 CANCELLATION - MINISTERIAL DETERMINATION REVOKED
- SECTION 46 CANCELLATION - FAILURE TO SATISFY A CONDITION OF REGISTRATION
- SECTION 47 CANCELLATION - ENTITY NOT CARRYING ON A BUSINESS UNDER THE BUSINESS NAME
- SECTION 48 CANCELLATION - FAILURE TO PROVIDE INFORMATION
- SECTION 49 CANCELLATION - REGISTRATION HAS EXPIRED
- SECTION 50 CANCELLATION - ENTITY TO WHOM BUSINESS NAME REGISTERED CEASES TO EXIST
- SECTION 51 CANCELLATION - BUSINESS NAME USED IN INFRINGEMENT OF TRADE MARK
- SECTION 52 NOTIFICATION OF CANCELLATION OF BUSINESS NAME
- SECTION 53 NOTICE REQUIREMENTS IN RELATION TO PARTNERSHIPS, UNINCORPORATED ASSOCIATIONS, TRUSTS AND JOINT VENTURES
- SECTION 54 BUSINESS NAME HELD DURING REVIEW PERIOD FOR CANCELLATION DECISION
- PART 6 - RENEWING THE REGISTRATION OF A BUSINESS NAME
- SECTION 55 APPLICATION TO RENEW REGISTRATION
- PART 7 - REVIEW
- SECTION 56 REVIEWABLE DECISIONS
- SECTION 57 INTERNAL REVIEW OF CERTAIN DECISIONS
- SECTION 58 ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS
- SECTION 59 PAYMENT OF REGISTRATION FEE IF BUSINESS NAME TO BE REGISTERED AS RESULT OF REVIEW
- PART 8 - ACCESSING THE BUSINESS NAMES REGISTER
- SECTION 60 ACCESS TO CERTAIN INFORMATION IN THE BUSINESS NAMES REGISTER BY REQUEST
- SECTION 61 CERTAIN INFORMATION TO BE PUBLICLY AVAILABLE
- SECTION 62 CERTAIN INFORMATION TO BE MADE AVAILABLE TO GOVERNMENT BODIES
- PART 9 - ADMINISTRATION
- Division 1 - Matters relating to handling records and information
- Subdivision A - The Registrar
- SECTION 62A APPOINTMENT OF THE REGISTRAR
- SECTION 62B FUNCTIONS
- SECTION 62C POWERS
- SECTION 62D DIRECTIONS BY MINISTER
- SECTION 62E DELEGATION
- SECTION 62F ASSISTED DECISION MAKING
- SECTION 62G LIABILITY FOR DAMAGES
- Subdivision B - How the Registrar is to perform and exercise functions and powers
- SECTION 62H DATA STANDARDS
- SECTION 62J GIVING INFORMATION TO THE REGISTRAR
- SECTION 62K HOW THE REGISTRAR IS TO PERFORM AND EXERCISE FUNCTIONS AND POWERS
- Subdivision C - Disclosure of information
- SECTION 62L DISCLOSURE FRAMEWORK
- SECTION 62M PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION
- SECTION 62N AUTHORISATION OF RECORDING OR DISCLOSURE
- SECTION 62P PREVENTING DISCLOSURE OF PARTICULAR PROTECTED INFORMATION
- SECTION 62Q AUTHORISATION FOR PURPOSES OF PRIVACY ACT
- SECTION 62R DISCLOSURE TO A COURT
- Subdivision D - Miscellaneous
- SECTION 62S EXTRACTS OF INFORMATION TO BE ADMISSIBLE IN EVIDENCE
- SECTION 62T ANNUAL REPORT
- SECTION 62U RULES
- Division 2 - Miscellaneous
- SECTION 63 ASIC ' S FUNCTIONS AND POWERS
- SECTION 64 DIRECTIONS BY MINISTER
- SECTION 65 ARRANGEMENTS WITH STATES AND TERRITORIES
- SECTION 66 ASIC MAY ARRANGE FOR USE OF COMPUTER PROGRAMS TO MAKE DECISIONS
- SECTION 67 FORMS FOR DOCUMENTS TO BE LODGED WITH ASIC
- SECTION 68 MANNER IN WHICH DOCUMENTS TO BE LODGED WITH ASIC
- SECTION 69 ASIC MAY REFUSE TO RECEIVE DOCUMENT ETC.
- SECTION 70 FEES ARE PAYABLE TO ASIC ON BEHALF OF THE COMMONWEALTH
- SECTION 71 WHEN IS AN APPLICATION FEE FULLY PAID?
- SECTION 72 WAIVER AND REFUND OF FEES
- SECTION 73 ADDRESS FOR RECEIPT OF NOTICES
- SECTION 74 ASIC MAY DESTROY OR DISPOSE OF CERTAIN DOCUMENTS
- SECTION 75 ASIC MAY ISSUE FORMAL WARNING
- SECTION 76 INTERACTION WITH AUSTRALIAN BUSINESS REGISTER
- SECTION 77 PROTECTION OF CONFIDENTIALITY OF INFORMATION
- SECTION 78 LIABILITY FOR DAMAGES
- SECTION 79 DELEGATION
- SECTION 80 MINISTER MAY DELEGATE PRESCRIBED FUNCTIONS AND POWERS UNDER THIS ACT
- PART 10 - GENERAL
- SECTION 81 APPLICATION OF THIS ACT TO PARTNERSHIPS
- SECTION 82 PRINCIPAL CONTACT OF A PARTNERSHIP
- SECTION 83 APPLICATION OF THIS ACT TO UNINCORPORATED ASSOCIATIONS AND BODIES
- SECTION 84 PRINCIPAL CONTACT OF AN UNINCORPORATED ASSOCIATION OR BODY
- SECTION 85 APPLICATION OF THIS ACT TO A TRUST WITH 2 OR MORE TRUSTEES
- SECTION 86 PRINCIPAL CONTACT OF A TRUST
- SECTION 87 JOINT VENTURES
- SECTION 88 APPLICATION IN THE TERRITORIES OF CHRISTMAS ISLAND AND COCOS (KEELING) ISLANDS
- SECTION 89 ENTITIES THAT HAVE CEASED TO EXIST
- SECTION 90 REGULATIONS
- SCHEDULE 1
- 1 New South Wales
- 2 Victoria
- 3 Queensland
- 4 Western Australia
- 5 South Australia
- 6 Tasmania
- 7 Australian Capital Territory
- 8 Northern Territory
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