Business Names (Prescribed Particulars) Regulations 2000 (Vic)

Business Names (Prescribed Particulars)

Regulations 2000

S.R. No. 122/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	2
5.	Amendment of objective	2
6.	Definitions	2
7.	Revocation of forms	2
8.	New regulation 8 substituted and regulations 8A and 8B inserted	2

8.	Requirements relating to documents to be lodged	2
8A.	Prescribed particular for application for registration of
business name	3
8B.	Prescribed particulars of certificate of registration of
business name	3

9. New regulations 9A and 9B inserted 3

9A.	Renewal of registration	3
9B.	Statement of notification of changes	5

10.	Prescribed offences	6
11.	Change of references to Commissioner	6

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ENDNOTES 8

i

STATUTORY RULES 2000

S.R. No. 122/2000

Business Names Act 1962

Business Names (Prescribed Particulars)

Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 5 December 2000

Responsible Minister:

MARSHA THOMSON

Minister for Consumer Affairs

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the

Business Names Regulations (No. 2) 1992 to—

(a) replace certain prescribed forms with prescribed particulars; and

(b) update certain references; and

(c) make other amendments.

2. Authorising provision

These Regulations are made under section 32 of the Business Names Act 1962.

3. Commencement

These Regulations come into operation on
11 December 2000.

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S.R. No. 122/2000 r. 4

4. Principal Regulations

In these Regulations, the Business Names
Regulations (No. 2) 19921 are called the Principal

Regulations.

5. Amendment of objective

In regulation 4 of the Principal Regulations, after

"prescribe" insert "particulars,".

6. Definitions

In regulation 6 of the Principal Regulations, for
sub-regulation (1) substitute—
'(1) In these Regulations—

"registered number" means the number of the registered business name, assigned by the Director, that is contained on a certificate of registration;

"the Act" means the Business Names Act

1962;'.

7. Revocation of forms

(1) Regulation 6(2) of the Principal Regulations is

revoked.

(2) Schedule 1 and Forms 1 to 6 in Schedule 2 to the

Principal Regulations are revoked.

8.  New regulation 8 substituted and regulations 8A and 8B inserted

For regulation 8 of the Principal Regulations
substitute—

"8. Requirements relating to documents to be

lodged

A document lodged with the Director must be legible and must contain the following information—

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(a)	the registered business name to which the document relates;
(b)	the registered number of the business name to which the document relates;
(c)	except in the case of an application for the renewal of registration of a business name, the name, address and telephone number of the person who lodged the document or on whose behalf the document is lodged.

8A. Prescribed particular for application for

registration of business name

For the purposes of section 7(1)(h) of the Act, the prescribed particular is the current family name of each applicant who is an individual.

8B. Prescribed particulars of certificate of

registration of business name

For the purposes of section 7(4) of the Act, the prescribed particulars are—

(a) the registered business name;

(b)	the number assigned by the Director to the registered business name upon registration of the business name;
(c)	the date on which the business name was registered.".

9. New regulations 9A and 9B inserted

After regulation 9 of the Principal Regulations
insert—

"9A. Renewal of registration

(1) For the purposes of section 11(1) of the Act,
the prescribed particulars for the renewal of

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S.R. No. 122/2000 r. 9

registration of a business name lodged

manually are—

(a) the registered business name;

(b) the registered number;

(c)	the date that the registration of the business name is due to expire;
(d)	the registered address of the business in the State and the address of each place in the State where the business is carried on;
(e)	if a postal address or an electronic mailing address (other than the registered address of the business) has been nominated, that address;
(f)	if the business name is registered in relation to a person who is an individual, or persons who are individuals, the full names and residential addresses of those persons;
(g)	if the business name is registered in relation to a corporation, the name and address of the registered office of that corporation;
(h)	if the person or persons in relation to whom the business name is registered resides or reside outside the State, the name of the resident agent of the person

or persons;

(i)  a description of the nature of the business carried on;

(j) a statement signed by the person or one of the persons in relation to whom the business name is registered that the

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information contained in the renewal is correct and complete.

(2) For the purposes of section 11(1) of the Act, the prescribed particulars for the renewal of registration of a business name lodged by

electronic transmission are—

(a)	the particulars referred to in sub- regulation (1)(a) to (i); and
(b)	a statement of the person lodging the renewal that the information contained in the renewal is correct and complete and that the person is one of the following persons—

(i)  the person or one of the persons in relation to whom the business name is registered;

(ii)  the resident agent of the person or persons in relation to whom the business name is registered.

9B. Statement of notification of changes

(1) For the purposes of section 12(1), (2), (3),

(4), (5) and (6) of the Act, the prescribed

particulars are—

(a) the registered business name;

(b) the registered number.

(2) For the purposes of section 12(1A) of the

Act, the prescribed particulars are—

(a) the registered business name;

(b) the registered number;

(c) if the postal address of the business has changed, the date of that change;

Business Names (Prescribed Particulars) Regulations 2000

S.R. No. 122/2000 r. 10

(d) if the electronic mailing address of the business has changed, the date of that change.

(3) For the purposes of section 12(1C) of the

Act, the prescribed particulars are—

(a) the registered business name;

(b) the registered number;

(c) the date of the change of the registered address of the business.

(4) For the purposes of section 12(7) of the Act,

the prescribed particulars are—

(a) the registered business name;

(b) the registered number;

(c)	the date the person or all the persons in relation to whom the business name is registered ceases or cease to reside
within the State or have a fixed address in the State;
(d)	the date of appointment of the resident agent.".

10. Prescribed offences

After regulation 11(4) of the Principal Regulations
insert—

"(5) A penalty notice under section 28A of the

Act must be in Form 7 of Schedule 2.".

11. Change of references to Commissioner

(1) In Regulations 9, 10 and 10A of the Principal

Regulations, for "Commissioner" (wherever
occurring) substitute "Director".

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(2) In Schedule 3 to the Principal Regulations, for

"Commissioner" (wherever occurring) substitute

"Director".

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Business Names (Prescribed Particulars) Regulations 2000

S.R. No. 122/2000 Endnotes

ENDNOTES

1 Reg. 4: S.R. No. 226/1992. Reprint No. 1 as at 18 July 1997 incorporating

amendments up to S.R. No. 113/1996.