Business Names Act Amendment Act 1979 (Qld)

190 i t zr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 19 of 1979 An Act to amend the BusinessNames Act 1962-1976 in certain particulars [ASSENTED TO 15TH MAY, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows : - 1. Short title and citation . (1) This Act may be cited as the Business Names Act Amendment Act 1979. (2) The Business Names Act 1962-1976 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Business Names Act1962-1979.

Business Names Act Amendment Act 1979, No. 19 191 2. Commencment . This Act shall come into operation on a date to be proclaimed. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting the term " Section " and substituting the following term: " " Transparency " has the meaning ascribed to that term in Part VII of the Evidence Act1977.". 4. Amendment of s. 4. Section 4 of the Principal Act is amended by omitting subsections (7) and (8). 5. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) omitting subsections (2) and (3); (b) in subsection (4) omitting the words " with whom it is lodged "; (c) in subsection (5) omitting the words " to whom the statement was so furnished ". 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subparagraph (d) of subsection (1) omitting the words " and any former christian names or surname "; (b) omitting subsection (8). 7. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) in subsections (1), (2), (3) and (7) omitting the words "fourteen days thereafter or within such further time as the Commissioner allows " and substituting the words " one month thereafter " in each case; (b) in subsection (4), (i) omitting the words " fourteen days thereafter or within such further time as the Commissioner allows " and substituting the words " one month thereafter "; (ii) omitting the words " and any former christian names or surname "; (c) in subsection (5), omitting the words " fourteen days after such cessation or within such further time as the Commissioner allows " where twice occurring and substituting the words " one month after such cessation " in each case;

192 Business Names Act Amendment Act 1979, No. 19 (d) in subsection (6), omitting the words " fourteen days after such appointment or within such further time as the Commissioner allows " and substituting the words " one month after such appointment "; (e) omitting subsection (11). 8. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) omitting subsection (2); (b) in subsection (4), omitting all words from and including the words " with whom the statements " to and including the words " under section six " where lastly occurring. 9. Amendment of s. 23. Section 23 of the Principal Act is amended by in subsection (1)- (a) in subparagraph (b), omitting the words " or that a firm individual or corporation was on a date or during a period specified in the certificate registered under the repealed Act "; (b) in subparagraph (c), (i) omitting the words " in the case of the Commissioner at Brisbane,"; (ii) omitting the words " or that a firm individual or corporation was not on a date or during a period specified in the certificate registered under the repealed Act ". 10. Repeal of and new s. 25 . The Principal Act is amended by repealing section 25 and substituting the following Section:- " 25. Authority of Commissioner to destroy documents . Subject to Part IV of the Libraries Act 1943-1977, the Commissioner may, if in his opinion it is no longer necessary or desirable to retain them, destroy any statement, notice or other document lodged or filed under this Act or under the repealed Act- (a) if the statement is a statement of renewal of registration that has been lodged or filed for a period of not less than three years; (b)- (i) if the statement is other than a statement referred to in subparagraph (a); or (ii) if the notice or document is a notice or document, that has been lodged or filed in respect of a business name or firm-name the registration of which has not been in force during the preceding 12 years; (c) if it is a statement, notice or document a transparency of which has been incorporated with a register kept by the Commissioner.".

Business Names Act Amendment Act 1979, No. 19 193 11. Amendment of s. 31. Section 31 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) Any statement required to be lodged with the Commissioner under this Act shall be lodged with the Commissioner or any clerk of the court.".