Business Names Registration Act 2011
No. 126, 2011
Compilation No. 10
Compilation date: 1 July 2026
Includes amendments: Act No. 57, 2026
About this compilation
This compilation
This is a compilation of the Business Names Registration Act 2011 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
Division 1—Introduction
1 Short title
2 Commencement
Division 2—Definitions
3 Dictionary
4 Business
5 Entities
6 Notified State/Territory registers
Division 3—Constitutional basis and application of this Act and the Transitional Act
7 Constitutional basis for this Act and the Transitional Act
8 Meaning of referring/adopting State
9 Meaning of referred business names matter
10 General application of this Act and the Transitional Act
11 Government bodies not liable to prosecution
Division 4—Interaction between business names legislation and State and Territory laws
12 Concurrent operation intended
13 When business names legislation does not apply
14 Avoiding direct inconsistency between Commonwealth and State and Territory laws
15 Regulations to deal with interaction between laws
Division 5—Objects of this Act and consequences of registration
16 Objects of this Act
17 Consequences of registration of a business name
Part 2—Offences relating to business names
18 Offence—carrying on a business under an unregistered business name
19 Offence—must include business name in written communications
20 Offence—must display business name at places open to public
21 Offence—carrying on a business under a business name while disqualified
Part 3—Registering a business name
22
Overview
The Business Names Registration Act 2011 was enacted to establish a nationally consistent system for the registration of business names across Australia, aiming to ensure that businesses can be easily identified and contacted by those who engage with them. The Act was introduced to address the problem of businesses operating under unregistered or inconsistently regulated business names, which caused confusion and inconvenience for consumers and other businesses. The Australian Parliament enacted this Act to provide a clear and unified framework for the registration of business names, ensuring that businesses can be accurately identified and facilitating communication between businesses and their clients. The Act allows entities to register their business names on a nationally established register, managed by the Australian Securities and Investments Commission (ASIC).
Scope and Application
The Business Names Registration Act 2011 (C2011A00126) is an Australian federal statute that regulates the registration and use of business names within Australia. The Act applies to entities intending to carry on a business under a business name in the Commonwealth, referring/adopting States, and affected Territories, including the Australian Capital Territory, Northern Territory, Norfolk Island, Jervis Bay Territory, Territory of Christmas Island, and Territory of Cocos (Keeling) Islands. The Act is intended to ensure that businesses can be easily identified and contacted by those who engage with them, and to streamline the registration process across multiple jurisdictions. The Act allows for the registration of business names on a nationally established Business Names Register maintained by the Australian Securities and Investments Commission (ASIC). Key provisions include offences for carrying on a business under an unregistered name, requirements for displaying business names, and rules governing the availability of names to prevent confusion and undesirable practices. The Act also outlines obligations for entities to notify ASIC of changes, bankruptcies, insolvency, or changes in management. Government bodies are exempt from certain provisions but can still register business names if they comply with the Act. The Act interacts with State and Territory laws, aiming to avoid direct inconsistency while allowing for concurrent operation where possible. The Act extends through subordinate instruments to cover additional regulations and modifications, ensuring its adaptability and effectiveness in a changing regulatory environment.
Key Provisions
- The Business Names Registration Act 2011 establishes a framework for the registration, regulation, and administration of business names in Australia. Key provisions of the Act include the establishment of a Business Names Register, which is maintained by the Australian Securities and Investments Commission (ASIC). Entities intending to carry on a business under a name must apply for the registration of that business name. The Act specifies conditions for the availability of business names, including rules against identical or nearly identical names, undesirable names, and restricted words or expressions. It also sets out the consequences of registration, which do not affect the rights of any entity in relation to the business name.
- The Act imposes several obligations on entities, including the requirement to provide accurate and up-to-date information to ASIC, such as changes to the principal contact or disqualification status. Entities are also required to include business names information in written communications and display business names prominently at places open to the public. Failure to comply with these obligations can result in fines and other penalties.
- Offences under the Act include carrying on a business under an unregistered business name, failing to include business name information in written communications, not displaying business names at places open to the public, and carrying on a business under a business name while disqualified. Each of these offences is of strict liability, meaning that intent does not need to be proven for a conviction to occur.
- ASIC has broad powers to cancel the registration of a business name, including in cases where the entity is disqualified, fails to provide information, or does not carry on a business under the registered name. ASIC must provide notice and an opportunity for the entity to respond before cancelling a registration.
- Review mechanisms are provided for decisions made by ASIC, including internal and administrative reviews. Fees are payable to ASIC for the registration, renewal, and review of business names. The Act also includes provisions for the protection of confidential information, delegation of powers, and the interaction with other registers and laws.
- Penalties for breaches of the Act can include fines and, in some cases, imprisonment. For instance, carrying on a business under an unregistered business name is punishable by up to 30 penalty units, while failing to provide information to ASIC is punishable by up to 5 penalty units. Civil and criminal consequences can also arise from breaches, with specific penalties and enforcement actions detailed in the Act.
- Area of Law
- Commercial Law
- Corporate Law & Governance
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Licensing & Registration
- Regulatory Standards
- Review & Sunset Clauses
