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Business Names Registration Bill 2011

Part 8 Accessing the Business Names Register

   

60   Access to certain information in the Business Names Register by request

             (1)  A person may lodge an application with ASIC for a copy of:

                     (a)  the entry in the Business Names Register relating to a particular business name; or

                     (b)  the entries in the Business Names Register relating to a particular entity.

             (2)  The application:

                     (a)  must be in the prescribed form; and

                     (b)  must be lodged in the prescribed manner; and

                     (c)  must be accompanied by the application fee.

             (3)  If a person lodges an application under subsection (1), ASIC must give the person a copy of the entry or entries sought.

             (4)  However, before a copy of an entry is given to a person, ASIC must excise from it:

                     (a)  any detail which under the regulations made under subsection (5) is to be excised; and

                     (b)  any detail that ASIC is prohibited from disclosing under subsection (6).

             (5)  The regulations may provide that details of a kind specified in the regulations are to be excised from a copy of an entry before it is given to any person, or any person of a prescribed class.

             (6)  If:

                     (a)  a person lodges with ASIC an application for a detail in relation to a business name or the person not to be disclosed; and

                     (b)  ASIC is satisfied that it is not appropriate to disclose the detail;

ASIC must not disclose the detail under this section.

             (7)  An application mentioned in paragraph (6)(a):

                     (a)  must be in the prescribed form; and

                     (b)  must be lodged in the prescribed manner.

61   Certain information to be publicly available

                   In addition to providing copies under section 60, ASIC must make publicly available on the internet or otherwise free of charge any details of a kind prescribed by the regulations.

62   Certain information to be made available to government bodies

             (1)  In addition to providing copies under section 60 and making details publicly available under section 61, ASIC must make available details of a kind prescribed by the regulations:

                     (a)  to a government body, if the body has requested ASIC to make the information available for one or more of the following the purposes:

                              (i)  the enforcement of the criminal law;

                             (ii)  the enforcement of a law imposing a pecuniary penalty;

                            (iii)  the protection of the public revenue;

                            (iv)  the exercise of the powers or the performance of the functions of that body in relation to consumer protection;

                             (v)  the exercise of the powers or the performance of the functions of that body in relation to anti-discrimination;

                            (vi)  the exercise of the powers or the performance of the functions of that body in relation to workers’ compensation;

                           (vii)  the exercise of the powers or the performance of the functions of that body in relation to insolvency or bankruptcy;

                          (viii)  the exercise of the powers or the performance of the functions of that body in relation to licences;

                            (ix)  maintaining a notified State/Territory register; and

                     (b)  to an intelligence or security agency, if the agency has requested ASIC to provide the information for the purposes of the exercise of the powers or the performance of the functions of the agency in relation to intelligence or security.

             (2)  The details must be made available electronically and without charge.