Business Names Amendment (Fees) Regulation 2008 (NSW)

2008 No 215

New South Wales

Business Names Amendment (Fees)

Regulation 2008

under the

Business Names Act 2002

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Business Names Act 2002.

LINDA BURNEY, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to amend the Business Names Regulation 2004 (the Principal

Regulation) as follows:

(a)	to increase certain fees payable in connection with the administration of the Business Names Act 2002 (the Act),
(b)	to reduce the processing component fee for the replacement of a certificate of registration under the Licensing and Registration (Uniform Procedures) Act 2002 (item 4 of Schedule 2 (Fees) to the Principal Regulation—the Schedule),
(c)	to reduce the overall fee for an application for the Minister’s direction under section 6 (2) of the Act on whether a business name is to be registered, and to correct an inadvertent error relating to the basic component of the fee by setting it to “Nil” so as to indicate that registration activity is not involved in the making of such a direction (item 5 of the Schedule),
(d)	to simplify the Schedule by replacing existing items 7–10 with one item, being an application fee for an extract (either certified or not) from the Register of business names (not being an application associated with the application to inspect that Register) (item 7 of the Schedule),
(e)	to clarify that the fee for an application for an evidentiary certificate as to the contents of the Register of business names relates to a certificate provided under section 26 (Evidentiary certificates) of the Act (item 8 of the Schedule),
(f)	to clarify that if a person’s application for registration of a business name is refused because of an order under section 21 (1) of the Act, the power to waive part of the fee for a subsequent application for registration made by the same person within
Published in Gazette No 76 of 27 June 2008, page 5880	Page 1
2008 No 215
2008 No 215
Business Names Amendment (Fees) Regulation 2008 Explanatory note

one month after the refusal does not extend to the processing component of that fee

(clause 12 (1) of the Principal Regulation).

The fee increases are generally in line with movements in the Consumer Price Index. general regulation-making power).

2008 No 215

Business Names Amendment (Fees) Regulation 2008 Clause 1

Business Names Amendment (Fees) Regulation 2008

under the

Business Names Act 2002

1      Name of Regulation

This Regulation is the Business Names Amendment (Fees) Regulation
2008.

2      Commencement

This Regulation commences on 1 July 2008.

3 Amendment of Business Names Regulation 2004

The Business Names Regulation 2004 is amended as set out in
Schedule 1.

2008 No 215

Business Names Amendment (Fees) Regulation 2008

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 3)

[1]      Clause 12 Circumstances in which fees may be waived or refunded

Omit “$24” from clause 12 (1).
Insert instead “the processing component of that fee”.

[2]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 11)

Column 1	Column 2	Column 3	Column 4
Matter	Basic	Processing	Total fee
component	component

Fees relating to registration under the Licensing and Registration

(Uniform Procedures) Act 2002

1	Application for granting of	$121	$25	$146
registration of a business name
2	Application for renewal of	$94	$16	$110
registration of a business name
3	Application for restoration of	$94	$32	$126
business name
4	Application for replacement of	Nil	$16	$16
certificate of registration

Other fees

5	Application for Minister’s direction	Nil	$100	$100
under section 6 (2) of the Act
6	Application to inspect Register	Nil	$14 for each	$14 for
(including the provision of an	registered	each
extract of a registered business	business	registered
name from the Register)	name	business
inspected	name inspected

2008 No 215

Business Names Amendment (Fees) Regulation 2008

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Matter	Basic	Processing	Total fee
component	component

7	Application for an extract (either	Nil	$14 for each	$14 for
certified or not) of a registered	extract	each
business name from the Register	provided	extract
(not being associated with an	provided
application to inspect Register under item 6)
8	Application for evidentiary	Nil	$24	$24
certificate under section 26 of the Act as to contents of Register

BY AUTHORITY