Business Names Act 1962 Business Names Amendment (Short Descriptions of Offences) Regulation 1998 (1998-323) [GG No 97 of 26.6.1998, p 4438] (NSW)

New South Wales

under the

Business Names Act 1962

His Excellency the Governor. with the advice of the Executive Council, has made the following Regulation under the Business Names Act 1962.

BRIAN LANGTON, M.P.,

Minister for Fair Trading

The object of this Regulation is to specify, in accordance with section 145B of the Justices Act 1902, the short descriptions of certain offences under the

Business Names Act 1962 (being offences that are currently dealt with by

This Regulation is made under the Business Names Act 1962, including section 32 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.	way of a penalty notice). legislation under the Subordinate Legislation Act 1989.
Published in Gazette No 97 o f 26 June 1998, page 4438	Page 1

1998 No 323

Clause 1 Business Names Amendment (Short Descriptions of Offences) Regulation 1998

Business Name
Descriptions of

1 Name of Regulation

This Regulation is the Business Names Amendment (Short

Descriptions of Offences) Regulation 1998.

2 Commencement

This Regulation commences on 1 September 1998.

3 Amendment of Business Names Regulation 1995

The Business Names Regulation 1995 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Business Names Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

(Clause 3)

[l]	Clause 6 Penalty notice offences
Omit clause 6 (a). Insert instead:

(a) an offence under a provision of the Act specified in Column 1 of Schedule 1 is a prescribed offence, and

[2]        Clause 6 (b)

Insert “Column 3 of” after “specified i n ” .

[3]        Clause 6A

Insert after clause 6:

6A Short descriptions of offences

(1)

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision of the Act specified in Column 1 of Schedule 1 is:

(a)	the expression specified in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

created by a provision of the Act specified in Column 1 For the purposes of any proceedings for an offence

of Schedule 1 , the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

does not affect the validity of any information, The amendment or repeal of a prescribed expression

complaint, summons, warrant, notice, order or other
document in which the expression is used.

1998 No 323

Business Names Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged, to have been committed before the amendment or repeal.

[4]        Schedule 1

Omit the Schedule. Insert instead:

chedule 1 Penalty notice offences and short
descriptions

(Clauses 6 and 6A)

Column 1	Column 2	Column 3
Offence	Prescribed expression	Penalty
Section 5 (1)	carry on business under	$200
unregistered business name
Section 12 ( 9 )	fail to lodge statement/	$100
provide details required by s 12
Section 13 (3) (a)	fail to give information/	$100
produce documents required by s 13
Section 13 (3) (b)	give/produce materially	$100
false/misleading information/document

Section 13	(3) ( c )	hinder/obstuct authorised	$100
officer exercising powers under s 13
Section 20	fail to use registered	$200
business name on documents/display registered business name/ exhibit certificate of registration of business name