Business Names (Amendment) Act 1976 (ACT)

No. 51 of 1976

AN ORDINANCE

To amend the Business Names Ordinance 1963.

I, T H E G O V E R N O R - G E N E R A L of the Commonwea l th of Austra l ia ,

act ing with the advice of the Federa l Execut ive Counci l , hereby	m a k e
the following Ord inance unde r the Seat of Government	(Administra­
tion) Act 1910 .

Da ted this fourteenth day of October , 1976 .

J O H N R. K E R R Governor -Genera l .

By His Excellency's C o m m a n d ,

J O H N H O W A R D

Minister of State for Business and Consumer Affairs,

act ing for and on behalf of the At torney-Genera l .

B U S I N E S S N A M E S ( A M E N D M E N T ) O R D I N A N C E 1976

1. This Ord inance may be cited as the Business Names (Amend­

ment) Ordinance 1976 .*

2 . In this Ord inance , " Pr incipal Ord inance " means the Business

Names Ordinance 1963 . f

3. This Ord inance shall come into opera t ion on 1 N o v em b er 1976 .

4 . After section 4 of the Pr inc ipa l Ord inance the following section

is i n s e r t e d : —

" 4A . ( 1 ) The re shall be paid to the Reg i s t r a r—

( a ) the fees specified in the Schedule; and
( b ) such other fees as are prescribed.

" ( 2 ) Where a fee is payable to the Regis t rar for or in respect of the lodging of a documen t with the Regis t rar , the documen t shall be deemed not to have been lodged unti l the fee has been paid to the Regis t rar .

" ( 3 ) Where a fee is payable to the Regis t rar for or in respect of the doing of an act by the Registrar , the Regis t rar is not required to do that act unti l the fee has been paid to the Regis t rar ." .

5.     Section 7 of the Pr incipal Ord inance is a m e n d e d —

(a) by omitting from sub-section (1) the words ", shall be

accompanied by the prescribed fee " ; and

* N o t i f i e d in t h e Australian Government Gazette o n 25 O c t o b e r 1 9 7 6 .

t O r d i n a n c e N o . 12, 1 9 6 3 , a s a m e n d e d b y N o . 15 , 1 9 6 6 .

(b) by omitting from sub-section (5) the words ", upon pay­ ment of the prescribed fee,".

6.   Section 9 of the Principal Ordinance is amended—

(a)	by omitting from sub-section (3) the words " and shall be accompanied by the prescribed fee "; and
(b)	by omitting from sub-section (4) the words ", upon pay­ ment of the prescribed fee,".

7. Section 11 of the Principal Ordinance is amended by omitting from sub-section (1) the words " and accompanied by the prescribed fee ".

8. Section 12 of the Principal Ordinance is amended by omitting

sub-section ( 1 4 ) .

9. Section 23 of the Principal Ordinance is amended by omitting

from sub-section (1) the words " and payment of the prescribed fee ".

10. Section 33 of the Principal Ordinance is amended by omitting

paragraph (a) and substituting the following paragraph:—

" (a) fees, not exceeding $20, to be paid to the Registrar for or in respect of matters or things required to be done under, or for the purposes of, this Ordinance, being matters or things for which fees are not specified in the Schedule;".

1 1 . The following Schedule is added at the end of the Principal

Ordinance:—

SCHEDULE

Section 4A

FEES TO BE PAID TO THE REGISTRAR

$

1. For lodging an application for registration of a business name . . . . 20 .00

2. For the issue, under sub-section 7 ( 5 ) , of a further certificate of registration 2 .00

3. For lodging an application for renewal of a business name . . . . 10.00

4. For lodging with the Registrar a statement for the purpose of a provision

of section 12, not being—

(a) a statement lodged for the purpose of sub-section 12 (3 ) ; or

(b)	a statement lodged for the purpose of paragraph (b) of sub-section 1 2 ( 1 ) where the only occasion of the lodging of the statement is a change effected by a public authority in the numbering of
premises or the name of a street . . . . . . 2 .00

5. Except where the Registrar is satisfied that just cause exists for the failure to lodge a document before the date on which it is lodged, on late lodgment of a document under this Ordinance, in addition to any other fee—

SCHEDULE—continued

$

(a)	if lodged within one month after the prescribed time, such amount, not exceeding $2.00, as the Registrar fixes';
(b)	if lodged later than one month after the prescribed time, such amount, not exceeding $10.00, as the Registrar fixes.

6. For lodging a statutory declaration . . . . . . . . . . 2 . 0 0

7. For inspecting a document lodged with the Registrar . .	2 .00
8. For a copy or extract referred to in paragraph (a) of sub-section 23 ( 1 ) —

for	one	page	. .	..•	. .	. .	. .	. .	2 . 0 0
for	each	additional	page	. .	. .	. .	. .	. .	1.00

9. For a certificate referred to in paragraph (b) of sub-section 23 (1) . . 2 .00

10. For a copy of a document in the custody of the Registrar, other than a copy

referred to in paragraph 8—for each page . . . . . . . . 1.00

11. For a search in the office of the Registrar as to the availability of any name

proposed to be adopted as a business name—for each name searched . . 3 .00

12. For a search in the office of the Registrar for which a fee is not elsewhere

prescribed . . . . . . . . . . . . 2 .00

13. For an act by the Registrar that he is required or authorized to do under

this Ordinance and for which a fee is not elsewhere prescribed . . S.00

14. For lodging with the Registrar a document (other than a statement for the

purpose of sub-section 12 ( 3 ) ) for the lodging of which a fee is not else­

where prescribed . . . . . . . . . . . . 2 . 0 0

15. For lodging an application for the consent of the Minister to the registration

of a business name . . . . . . . . . . . . . 15.00

16. For the consent of the Minister to the registration of a business name . . 30 .00

17. On a subpoena served on the Registrar to produce a document in his

custody . . . . . . . . . . . . . . . 10.00

And, in addition, if the Registrar so requires, such other expenses as

are reasonably incurred in the production of the document.

18. For an inquiry by letter necessitating a search for a document lodged with

the Registrar . . . . . . . . 3 .50

2 5 1 4 4 / 7 9 - 2 4