| Title | Business Names Registration (Transitional and Consequential Provisions) Bill 2011 |
| Database | Bills & Legislation |
| Long Title | a Bill for an Act to deal with transitional and consequential matters in connection with the [itals]Business Names Registration Act 2011[eitals], and for related purposes |
| Date | 13-10-2011 01:33 PM |
| Source | House of Reps |
| Parl No. | 43 |
| Bill Number | 150/11 |
| Bill Type | Government |
| Portfolio | Innovation, Industry, Science and Research |
| Reps Bill Code | O |
| Status | Act |
| System Id | legislation/bills/r4635_aspassed/0000 |
2010â2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Business Names Registration (Transitional and Consequential Provisions) Bill 2011
No. , 2011
A Bill for an Act to deal with transitional and consequential matters in connection with the Business Names Registration Act 2011, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 2
4............ Dictionary........................................................................................... 2
Schedule 1âTransitional provisions 5
Part 1âBusiness names registered on changeâover day 5
Part 2âBusiness names held on changeâover day to resolve outstanding matters 9
Part 3âEntities disqualified on registration under this Act 13
Part 4âInformationâgathering for transitional purposes 15
Part 5âDistinguishing grandfathered business names that are identical or nearly identical 19
Part 6âAligning registration periods 22
Part 7âOther obligations to give information to ASIC 23
Part 8âPreserving exemptions and protecting information 25
Part 9âReview 26
Part 10âMiscellaneous 29
Schedule 2âConsequential amendments 31
Part 1âAmendments commencing on changeâover day 31
A New Tax System (Australian Business Number) Act 1999 31
ANL Act 1956 31
Australian Securities and Investments Commission Act 2001 31
Bank Integration Act 1991 32
Corporations (Aboriginal and Torres Strait Islander) Act 2006 33
Corporations Act 2001 33
Defence Service Homes Act 1918 34
Financial Transaction Reports Act 1988 34
Olympic Insignia Protection Act 1987 35
Qantas Sale Act 1992 35
Wine Australia Corporation Act 1980 35
Part 2âAmendment commencing on first anniversary of changeâover day 36
A New Tax System (Australian Business Number) Act 1999 36
A Bill for an Act to deal with transitional and consequential matters in connection with the Business Names Registration Act 2011, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Business Names Registration (Transitional and Consequential Provisions) Act 2011.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
|
|
2. Section 4 |
At the same time as section 3 of the Business Names Registration Act 2011 commences. |
|
|
3. Schedule 1 |
At the same time as section 3 of the Business Names Registration Act 2011 commences. |
|
|
4. Schedule 2, Part 1 |
At the same time as section 3 of the Business Names Registration Act 2011 commences. |
|
|
5. Schedule 2, Part 2 |
On the first anniversary of the commencement of Part 2 of the Business Names Registration Act 2011. |
|
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(1) In this Act:
Business Names Registration Act means the Business Names Registration Act 2011, and includes instruments made under that Act.
changeâover day means the day on which Part 2 of the Business Names Registration Act commences.
person responsible for registration in a State or Territory means:
(a) in the case of New South Walesâthe DirectorâGeneral as defined for the purposes of the Business Names Act 2002 of New South Wales; and
(b) in the case of Victoriaâthe Director within the meaning of the Fair Trading Act 1999 of Victoria; and
(c) in the case of Queenslandâa registrar of business names under the Business Names Act 1962 of Queensland; and
(d) in the case of Western Australiaâthe person for the time being designated as the Commissioner under section 4AA of the Business Names Act 1962 of Western Australia; and
(e) in the case of South Australiaâthe Corporate Affairs Commission of South Australia established by Part 13 of the Companies Act 1962 of South Australia; and
(f) in the case of Tasmaniaâthe Commissioner for Corporate Affairs holding office under section 4 of the Commissioner for Corporate Affairs Act 1980 of Tasmania, and includes any person holding that office in an acting capacity; and
(g) in the case of the Australian Capital Territoryâthe RegistrarâGeneral under the RegistrarâGeneral Act 1993 of the Australian Capital Territory; and
(h) in the case of the Northern Territoryâthe person holding or occupying the office of Commissioner of Consumer Affairs under the Consumer Affairs and Fair Trading Act of the Northern Territory.
registration law, in relation to a State or Territory, means:
(a) in the case of New South Walesâthe Business Names Act 2002 of New South Wales; and
(b) in the case of Victoriaâthe Business Names Act 1962 of Victoria; and
(c) in the case of Queenslandâthe Business Names Act 1962 of Queensland; and
(d) in the case of Western Australiaâthe Business Names Act 1962 of Western Australia; and
(e) in the case of South Australiaâthe Business Names Act 1996 of South Australia; and
(f) in the case of Tasmaniaâthe Business Names Act 1962 of Tasmania; and
(g) in the case of the Australian Capital Territoryâthe Business Names Act 1963 of the Australian Capital Territory; and
(h) in the case of the Northern Territoryâthe Business Names Act 2007 of the Northern Territory.
this Act includes instruments made under this Act.
(2) An expression, other than this Act, that is defined in the Business Names Registration Act has the same meaning in this Act as in that.