Business Names Act Amendment Act of 1965 (Qld)

735 (1te EItsIant ANNO QUARTO DECIMO ELIZABETH AE SECUNDAE REGINAE No. 50 of 1965 An Act to Amend " The Business Names Act of 1962," in certain particulars [ASSENTED TO 1sT DECEMBER, 1965] 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. (1) Short title . This Act may be cited as " The Business Names Act Amendment Act of 1965." (2) Principal Act. " The Business Names Act of 1962," is in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Business Names Acts, 1962 to 1965." 2. Amendment of s. 7. Section seven of the Principal Act is amended by inserting after subsection (8) the following subsection :- " (9) Where the applicant or applicants seek the registration of a business name in substitution for a business name (in this subsection called the " substituted name ") already registered under this Act in relation to the applicant or applicants he, or as the case may be, each of them shall in the statement referred to in subsection (1) of this section- (a) apply to the Registrar for the cancellation of the registration of the substituted name (which cancellation, the Registrar is hereby empowered to effect) ; and

736 business Names Act Amendment Act of 1965, No. 50 (b) include the following notification:- " TAKE NoncE that the applicant or applicants in relation to whom this application is being made formerly carried on business under the business name of which name is abandoned : AND TAKE FURTHER NoncE that an application is being hereby made in this application for the cancellation of that business name."." 3. Amendments of s. 11 . ( 1) Section eleven of the Principal Act is amended- (a) by omitting subsection ( 1) and inserting in its stead the following subsection:- " (1) The registration of a business name shall remain in force for a period of twelve months but the registration may from time to time be renewed by lodging with the Registrar before the expiry of the registration a statement in the prescribed form signed by the person or one of the persons in relation to whom the name is registered together with the prescribed fee."; (b) by omitting subsection ( 2) and inserting in its stead the following subsection:- " (2) The renewal of a registration shall be effected for a further period of -twelve months as from the day on which the previous registration expires."; (c) in subsection ( 4) by inserting after the words " subsection (3) of this section.", the following words : " and, where the Registrar has extended the period within which that business name may be registered, until the expiration of that further period."; (d) by omitting subsection ( 6) and inserting in its stead the following subsection:- " (6) Where the registration of a business name expires by effluxion of time and the registration thereof is not renewed or further renewed pursuant to subsection (1) of this section , every person in relation to whom the business name was registered shall be guilty of an offence against this Act unless he proves- (a) that he or all the persons in relation to whom the business name was registered ceased to carry on business in the State under that name before the date of the expiration of the registration of that business name and a statement required by the provisions of subsection (3) of section twelve of this Act to be lodged was lodged in accordance with those provisions or, if not so lodged, that he took all reasonable steps to ensure compliance with those provisions; or (b) that he took all reasonable steps to secure the renewal or further renewal of the registration in accordance with this section. Penalty: Fifty pounds." (2) Subsection (1) of this section shall come into operation on the first day of February, one thousand nine hundred and sixty-six.

Business Names Act Amendment Act of 1965, No. 50 737 4. Imrtion of new s. 12A. The Principal Act is amended by inserting after section twelve the following section:- " [12A.] Provisions relating to statements , &c. (1) Where it i; provided in this Act that a statement, document or matter shall be lodged with the Registrar within a specified period, the Registrar may (irrespective of whether that period has expired or not) in relation to a business name, extend that period for such further period as he thinks fit. (2) If default has been made in lodging a statement, document or matter in accordance with this Act within the period specified. such statement, document or matter may, subject to this Act, b_ lodged notwithstanding such default. The lodgment of a statement in accordance with this subsection in relation to the renewal or further renewal of the registration of a business name shall be deemed to effect the renewal of the registration of that business name for a further period of twelve months as from the day on which the previous registration expired. This subsection shall not affect the liability of any persor or persons in respect of such default." 24