Document ID: chunk:federal_register_of_legislation:C2024C00518:clause:1_7:p1
Version: federal_register_of_legislation:C2024C00518
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 15315–17850

7  Registration
(1) ASIC must register the business name:
 (a) in a case where a business is carried on, or is intended to be carried on, under the business name by a person alone—to the person; or
 (b) in a case where a business is carried on, or is intended to be carried on, under the business name by a group of persons:
 (i) if the group of persons has formed an entity to do so—to the entity; or
 (ii) if the group of persons has not formed an entity to do so—to the group of persons.
(2) If the business name is registered to a group of persons under subparagraph (1)(b)(ii):
 (a) each of those persons is a joint venture entity for the purposes of section 87 of the Business Names Registration Act; and
 (b) the group is a joint venture for the purposes of section 87 of the Business Names Registration Act.
Note: Section 87 of the Business Names Registration Act sets out rules for treating joint ventures in the same way as entities.
(3) ASIC registers the business name by entering in the Business Names Register:
 (a) details sufficient to identify the entity or group of persons to whom the business name is registered, including (if ASIC has the information):
 (i) in a case where the business name is registered under paragraph (1)(a)—the person's ABN; and
 (ii) in a case where the business name is registered under subparagraph (1)(b)(i)—the entity's ABN; and
 (iii) in a case where the business name is registered under subparagraph (1)(b)(ii)—the ABN of each person within the group; and
 (b) the business name; and
 (c) the address of each principal place of business of which ASIC is aware; and
 (d) each address for service of documents of which ASIC is aware; and
 (e) the period for which the business name is registered.
(4) The period for which the business name is registered is the period nominated by the State or Territory under paragraph 6(3)(b).
(5) If a business name is registered as a result of a notice given under item 6 after the period of 4 months beginning on the change‑over day has elapsed, ASIC must notify the entity to whom the business name is registered (including a group of persons that is treated as an entity because it is a joint venture for the purposes of section 87 of the Business Names Registration Act) in writing of the registration.
(6) This item does not apply if, because of:
 (a) a previous application of this item; or
 (b) another provision of this Act; or
 (c) a provision of the Business Names Registration Act;
the business name is already registered to the entity to