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Business Names Registration Bill 2011

Part 7 Review

   

56  Reviewable decisions

                   A decision specified in an item in column 1 of the table, made under a provision specified in that item in column 2 of the table, is reviewable on the application of an entity specified in that item in column 3 of the table.

 

Reviewable decisions

Item

Column 1

Decision

Column 2

Provision

Column 3

Who may seek review

1

Registration of a business name to an entity

Section 24

an entity in relation to whom there is a real risk of substantial detriment because of the registration of the business name

2

Refusal to register a business name to an entity

Section 24

the entity

3

Refusal to determine that a business name of a kind that is undesirable is available to an entity

Subsection 27(2)

the entity

4

Revocation of determination that a business name of a kind that is undesirable is available to an entity

Subsection 27(2)

the entity

5

Determination that a word or expression specified in the determination is restricted in relation to a specified entity or specified business unless a condition or conditions specified in the determination are met

Subsection 28(2)

(a) where an entity is specified—that entity; and

(b) where a business is specified—the entity carrying on that business

6

Determination of a longer review period (priority of an entity’s application for registration)

Subsection 29(5)

any entity that, but for the determination, would have priority over a name that is identical, or nearly identical to the name to which the determination relates

7

Refusal to determine a longer review period (priority of an entity’s application for registration)

Subsection 29(5)

the entity

8

Refusal to determine that an entity that would otherwise be disqualified is not to be disqualified

Subsection 32(3)

the entity

9

Refusal to determine an alternative registration period in relation to the registration of a business name to an entity

Subsection 33(3) or (4)

the entity

10

Revocation of a determination of an alternative registration period in relation to the registration of a business name to an entity

Subsection 33(3) or (4)

the entity

11

Deletion, refusal to include, correction or annotation of information in relation to a business name on the Business Names Register

Subsection 37(6) or (7)

the entity to whom the business name is registered

12

Refusal to enter an entity’s name on the Business Names Register as a notified successor in relation to a business name

Subsection 40(5)

the entity

13

Cancellation of the registration of a business name to an entity

Section 43, 47 or 48

the entity

14

Refusal to determine a longer review period (holding business name after registration to an entity cancelled)

Subsection 54(3)

the entity

15

Revocation of a determination of an alternative registration period in relation to the renewal of the registration of a business name to an entity

Subsection 55(4) or (5)

the entity

16

Refusal to decide that it is appropriate to excise details in relation to an entity from disclosure

Subsection 60(6)

the entity

17

Refusal to receive a document submitted by an entity

Subsection 69(1) or (5)

the entity

57   Internal review of certain decisions

             (1)  If a reviewable decision is made by ASIC other than as a delegate of the Minister, an entity on whose application the decision is reviewable may lodge an application with ASIC (the review body ) for review of the decision.

             (2)  If a reviewable decision is made by an ASIC member or staff member as a delegate of the Minister, an entity on whose application the decision is reviewable may lodge an application with the Minister (the review body ) for review of the decision.

             (3)  An application for review of a decision:

                     (a)  must set out the reasons for making the application; and

                     (b)  must be in the prescribed form; and

                     (c)  must be lodged in the prescribed manner.

             (4)  An application for review of a decision must be lodged:

                     (a)  in the case of a decision of the kind specified in item 1 of the table in section 56—within 15 months after the day on which the business name is registered to the entity; or

                     (b)  in any other case—within 28 days after the entity is notified of the decision.

             (5)  Despite subsection (4), an application for review of a decision may be lodged within such longer period as the review body allows.

             (6)  After an application for review of a decision is lodged with a review body, the review body must review the decision and:

                     (a)  affirm the decision under review; or

                     (b)  vary the decision under review; or

                     (c)  set aside the decision under review and make a decision in substitution for it.

             (7)  A decision of the review body under subsection (6) takes effect:

                     (a)  on a day, provided in the decision, that is after the decision is made; or

                     (b)  if a day is not so provided—on the day on which the decision is made.

             (8)  If the review body has not decided an application by an entity for review of a decision:

                     (a)  where the review body is ASIC—within 28 days after the application is lodged; and

                     (b)  where the review body is the Minister—within 60 days after the application is lodged;

the entity may, at any time, give the review body written notice that the entity wishes to treat the decision as having been affirmed.

             (9)  For the purposes of section 58, if an entity gives notice under subsection (8), the review body is taken to have refused the entity’s application on the day on which the notice is given.

58   Administrative review of certain decisions

             (1)  An application may be made to the Administrative Appeals Tribunal for review of a decision made or taken to have been made by ASIC or the Minister under section 57.

             (2)  The application may be made by any entity that could have lodged an application under subsection 57(1) in relation to the decision in relation to which the decision under section 57 was made or taken to have been made.

             (3)  An application may be made to the Administrative Appeals Tribunal for review of one of the following decisions made personally by the Minister:

                     (a)  a refusal to determine under subsection 27(2) that a business name of a kind that is undesirable is available to an entity;

                     (b)  the revocation of a determination made under subsection 27(2) that a business name of a kind that is undesirable is available to an entity;

                     (c)  a determination made under subsection 28(2) that a word or expression specified in the determination is restricted in relation to a specified entity or specified business unless a condition or conditions specified in the determination are met.

             (4)  The application may be made by:

                     (a)  in the case of a decision mentioned in paragraph (3)(a) or (b)—the entity referred to in that paragraph; and

                     (b)  in the case of a determination mentioned in paragraph (3)(c) in relation to a specified entity—that entity; and

                     (c)  in the case of a determination mentioned in paragraph (3)(c) in relation to a specified business—the entity carrying on the business specified.

59   Payment of registration fee if business name to be registered as result of review

             (1)  This section applies if, as a result of a review of a decision carried out under section 57 or 58 or by a court, a decision is made (the review decision ) that a business name is to be registered to an entity.

             (2)  The entity must pay the registration fee.

             (3)  The registration fee is payable at the end of a period of 5 business days beginning on the day on which the entity is notified of the review decision.