S. 10(4) amended by No. 17/1999 s. 24(2). (4) The Director may remit any fee payable in respect of an application for the registration of a new business name in place of a business name the registration of which is cancelled under subsection (1) of this section. S. 10A inserted by No. 9522 s. 6(b). 10A Priorities between confusing names s. 10A S. 10A(1) amended by No. 17/1999 s. 24(2). (1) Where there are two or more applications lodged in respect of the same business name or business names which are likely to be confused with or mistaken for each other such applications shall be entitled to priority as between themselves according to the order in which they were lodged with the Director. S. 10A(2) amended by No. 17/1999 s. 24(2). (2) Where by mistake or inadvertence two or more business names are registered under this Act and those names are, in the opinion of the Director, likely to be confused with or mistaken for each other, the Director may cancel the registration of that name or those names which, in accordance with subsection (1) is or are not entitled to priority. S. 10A(3) amended by No. 17/1999 s. 24(2). (3) The Director shall refund any fee paid in respect of the registration of a business name which is cancelled under subsection (2). A.C.T. s. 10, Qld. s. 6, S.A. s. 7, W.A. s. 6. 11 Renewal of registration S. 11(1) amended by Nos 7943 s. 3(a), 8565 s. 24(9), 17/1999 s. 24(2), 35/2000 s. 20(1), 8/2003 s. 26. (1) The registration of a business name remains in force for a period of three years but the registration may from time to time be renewed by lodging with the Director at any time within the period of one month before or after the expiry of the registration or within such further time as the Director allows an application in the form approved by the Director and containing the
the Director to be necessary to enable him to ascertain whether or not a person— (a) is carrying on business either alone or in association with other persons under a business name that is required to be registered under this Act; or S. 13(1)(b) amended by Nos 17/1999 s. 24(2), 8/2003 s. 28. (b) has failed to lodge with the Director a document required to be lodged under this Act. S. 13(2) amended by Nos 8565 s. 24(9), 9554 s. 2(2)(Sch. 2 item 27), 17/1999 s. 24(2). (2) A person required under subsection (1) of this section to furnish information to the Director shall within the period specified in the notice or within such further period as the Director has allowed furnish such information as it is within his power to furnish and shall not furnish any information which to his knowledge is false in any material particular. s. 13 5 penalty units. (3) A person shall not be excused from furnishing any information where required to do so under subsection (1) of this section on the ground that the information might tend to incriminate him or make him liable to a penalty but the information furnished by him shall not be admissible in evidence against him in any proceedings civil or criminal.
cancelled and the Director upon the lodging with him of an office copy of the order shall make such entries and alterations in the register as he considers necessary for the purposes of the order. A.C.T. s. 8, N.S.W. ss 9, 16, Vic. ss 8, 15, 20, Qld. s. 21, ss 10, 17(2), W.A. s. 11, Tas. s. 9. S. 20 amended by Nos 9522 s. 12(a)(c), 9554 s. 2(2)(Sch. 2 item 29). 20 Use and exhibition of business name, s. 20 Where a business name is registered under this Act— (a) a person or persons in relation to whom a business name is registered shall not issue or sign in connexion with the carrying on of that business any business letter statement of account invoice official notice publication order for goods or receipt unless the business name appears in legible characters thereon; and S. 20(b) amended by No. 9522 s. 12(b). (b) the business name shall at all times be displayed in a conspicuous position on the outside of every place at which business is carried on under that name and at the registered address— S. 20(c) repealed by No. 9522 s. 12(d). * * * * * and in the event of a contravention of this section each person carrying on business under that name shall unless he proves that he took all reasonable steps to ensure compliance with this section be guilty of an offence against this Act. 5 penalty units: Default penalty. A.C.T. s. 20, N.S.W. s. 18, W.A. s. 21. 21 Registrar may correct errors in register etc. S. 21(1) amended by Nos 8565 s. 24(9), 17/1999 s. 24(2). (1) The Director may on such evidence as to him appears sufficient correct any error in any entry in the register or in any certificate of registration of a business name.
A.C.T. s. 26, N.S.W. s. 17, Vic. s. 17, Qld. s. 18, S.A. s. 20, W.A. s. 20, Tas. s. 18. 24 Evidence of registration or non-registration s. 24 A document purporting to be— (a) a certificate of registration issued under this Act; S. 24(b) substituted by No. 9522 s. 14(2), amended by No. 17/1999 s. 24(2). (b) a copy of or extract from a document lodged or filed with the Director given and certified by him under section 22(1)(b); (c) a certificate issued under paragraph (b) of subsection (1) of section twenty-three; or (d) a combination of two or more of the certificates copies or extracts referred to in paragraphs (a)(b) or (c) of this section— shall in all courts and before all persons having authority to hear receive and examine evidence be prima facie evidence of any matter contained or set out therein. S. 25 amended by Nos 8565 s. 24(9), 80/1988 s. 55(1), 17/1999 s. 24(2), 8/2003 s. 40. 25 Authority of Director to destroy documents and validation The Director may if in his opinion it is no longer necessary or desirable to retain them destroy or give to the Keeper of Public Records any statement or document lodged filed received or registered under this Act or under any corresponding previous enactment where the registration of the business name or of the firm individual or corporation as the case may be in respect of which the statement or document was lodged filed received or registered has not been in force at any time during the preceding twelve years.
S. 28A inserted by No. 69/1987 s. 22. S. 28A (Heading) inserted by No. 32/2006 s. 94(Sch. item 5(1)). 28A Infringement notices s. 28A S. 28A(1) amended by Nos 100/1995 s. 18(a), 17/1999 s. 24(2), 32/2006 s. 94(Sch. item 5(2)(a)). (1) Where the Director has reasonable cause to believe that, whether before or after the commencement of section 21 of the Associations Incorporation and Business Names (Amendment) Act 1987, a person has committed a prescribed offence, the Director may, subject to subsection (2), serve on the person an infringement notice— S. 28A(1)(a) substituted by No. 32/2006 s. 94(Sch. item 5(2)(b)). (a) in accordance with the Infringements Act 2006; and S. 28A(1)(b) substituted by No. 32/2006 s. 94(Sch. item 5(2)(b)). (b) in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty. S. 28A(1)(c) amended by No. 100/1995 s. 18(b), repealed by No. 32/2006 s. 94(Sch. item 5(2)(c)). * * * * * S. 28A(1A) inserted by No. 32/2006 s. 94(Sch. item 5(3)). (1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
S. 32(1)(ca) inserted by No. 7943 s. 6, amended by No. 17/1999 s. 24(2). (ca) the manner in which applications for the Minister's consent to the registration of business names which may not be registered without his consent may be made and granted, and the fees to be paid to the Director on the making of any such application and on the Minister's giving his consent to the registration of any such name; S. 32(1)(d) substituted by No. 69/1987 s. 23(1)(b). (d) forms for the purposes of this Act; S. 32(1)(da) inserted by No. 9522 s. 16(b), substituted by No. 69/1987 s. 23(1)(b), amended by No. 8/2003 s. 42(c). (da) provisions for the verification by statutory declaration of any information supplied in forms for the purposes of this Act; S. 32(1)(db) inserted by No. 69/1987 s. 23(1)(b). (db) offences against this Act (not being offences the penalties applicable to which include a term of imprisonment that exceeds six months or a pecuniary penalty that exceeds 25 penalty units), or offences against the regulations, for the purposes of section 28A; S. 32(1)(dc) inserted by No. 69/1987 s. 23(1)(b). (dc) in relation to each offence that is prescribed pursuant to this subsection— S. 32(1)(dc)(i) repealed by No. 32/2006 s. 94(Sch. item 5(5)). * * * * * s. 32 (ii) the amount of the penalty (being an amount that does not exceed half the amount of the penalty applicable to the offence) that is payable in respect of the
Assent Date: 25.11.69 Commencement Date: Ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70; rest of Act on 1.4.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Business Names (Amendment) Act 1970, No. 7943/1970 Assent Date: 2.4.70 Commencement Date: 1.7.70: Government Gazette 27.5.70 p. 1466 : All of Act in operation Companies (Interstate Corporate Affairs Commission) Act 1974, No. 8565/1974 Assent Date: 14.5.74 Commencement Date: 1.7.74: Government Gazette 29.5.74 p. 1869 : All of Act in operation Age of Majority Act 1977, No. 9075/1977 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Business Names (Amendment) Act 1981, No. 9522/1981 Assent Date: 31.3.81 Commencement Date: 1.6.82: Government Gazette 19.5.82 p. 1577 : All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981 Assent Date: 19.5.81 Commencement Date: S. 2(2)(Sch. 2 items 25–32) on 1.9.81: Government Gazette 26.8.81 p. 2799 : This information relates only to the provision/s amending the Business Names Act 1962 Companies (Administration) Act 1981, No. 9698/1981 Assent Date: 5.1.82 Commencement Date: Ss 1, 2, 15 on 5.1.82: s. 2; rest of Act on 1.7.82: Government Gazette 30.6.82 p. 2108 : All of Act in operation Companies (Consequential Amendments) Act 1981, No. 9699/1981
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 2) on 30.5.07: s. 2(1) : This information relates only to the provision/s amending the Business Names Act 1962 Endnotes Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 2) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Business Names Act 1962 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 3) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Business Names Act 1962 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes