Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020 (Cth)

Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020

No. 66, 2020

Compilation No. 2

Compilation date: 10 August 2022

Includes amendments up to: Act No. 35, 2022

Registered: 25 August 2022

About this compilation

This compilation

This is a compilation of the Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020 that shows the text of the law as amended and in force on 10 August 2022 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act to amend the Business Names Registration (Fees) Act 2011, and for related purposes

1Short title

This Act is the Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	22 June 2020
2. Schedule 1	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2026, they commence on that day.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Business Names Registration (Fees) Act 2011

1. 1

   Subsection 3(1) (paragraph (c) of the definition of chargeable matter)

   Repeal the paragraph, substitute:

   1. (c)

      an application by an entity for information held in the record maintained under section 34A of the Business Names Registration Act 2011.

2. 2

   Validation of acts or things done during interim period

   Object

   (1) The object of this item is to treat all situations during the interim period in every respect as if:

   1. (a)

      the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and

   2. (b)

      the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

   Validation of acts and things done in interim period

   (2) An act or thing that was done at any time during the interim period is as valid, and is taken always to have been as valid, as it would have been if:

   1. (a)

      the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and

   2. (b)

      in particular, the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

   Acts and things to which this item applies

   (3) This item applies to an act or thing, regardless of the basis on which, or capacity in which, the act or thing was done or purported to be done.

   Definitions

(4) In this item:

interim period means the period:

1. (a)

   starting at the start of 22 June 2022; and

2. (b)

   ending at the end of the day before the day on which Part 2 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences.

postponed item means any of the following that commenced on 22 June 2022 (disregarding Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022):

1. (a)

   an item of Part 2 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020;

2. (b)

   an item of Part 3 of Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021;

3. (c)

   an item of Part 4 of Schedule 2 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021.

Note Item 103 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 is not covered by paragraph (a) because that item commenced on 4 April 2021.

3

Application of item 1

(1) The amendment made by item 1 applies, in relation to a matter (the relevant matter), on and after the earliest of the following days:

1. (a)

   if a notifiable instrument is in force under paragraph (2)(a) of this item—the day the instrument specifies;

2. (b)

   if a notifiable instrument is in force under paragraph (2)(b) of this item that specifies matters that include the relevant matter—the day the instrument specifies in relation to those matters;

3. (c)

   1 July 2026.

Note: The provision amended by item 1, as in force immediately before the commencement day for the amending item, will continue to apply in relation to the relevant matter until the day that applies under this subitem.

(2) The Minister:

1. (a)

   may by notifiable instrument specify a day for the purposes of paragraph (1)(a); and

2. (b)

   may by notifiable instrument specify days and matters for the purposes of paragraph (1)(b).

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) A day specified in a notifiable instrument made under subitem (2) must be:

1. (a)

   on or after the day that the instrument is made; and

2. (b)

   on or after the day on which this Schedule commences.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020	66, 2020	22 June 2020	Sch 1: awaiting commencement (s 2(1) item 2) Remainder: 22 June 2020 (s 2(1) item 1)
Treasury Laws Amendment (2022 Measures No. 1) Act 2022	35, 2022	9 Aug 2022	Sch 4 (Pt 1, item 1): 21 June 2022 (s 2(1) item 5) Sch 4 (item 11): 10 Aug 2022 (s 2(1) item 6)	—

Endnote 4Amendment history

Provision affected	How affected
s 2.........................................	am No 35, 2022
Schedule 1
item 2....................................	ad No 35, 2022
item 3....................................	ad No 35, 2022