Business Names Registration (Transitional and Consequential Provisions) Regulations 2011 (Cth)

Business Names Registration (Transitional and Consequential Provisions) Regulations 2011¹

Select Legislative Instrument 2011 No. 215

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

Dated 23 November 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICK SHERRY

Minister for Small Business

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Definitions                                                        2

4Details that may be included in Register in relation to business names registered to sole traders                                                            3

5Details that may be included in Register in relation to business names registered to groups of persons                                                        3

6Historical information from States and Territories           4

Name of Regulations

These Regulations are the Business Names Registration (Transitional and Consequential Provisions) Regulations 2011.

Commencement

These Regulations commence on the commencement of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

Definitions

In these Regulations:

Act means the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

alternative contact details means contact details that:

(a)were provided by a person in relation to which a business name was registered under the registration law of a State or Territory; and

(b)were not required to be provided by the registration law of the State or Territory under which the business name was registered.

reference identification means a number or a group of numbers and letters.

Register means the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011.

Note Other words used in these Regulations have the meaning given by section 4 of the Act, for example:

·change-over day

·registration law.

Details that may be included in Register in relation to business names registered to sole traders

For subitem 2 (4) of Schedule 1 to the Act, the following details are prescribed:

(a)the State or Territory in which a business name is registered under the registration law of a State or Territory and the reference identification under which the business name is registered;

(b)if a person has provided a home address in relation to the registration of the business name under the registration law of a State or Territory — the home address.

Note Subitem 2 (4) of Schedule 1 to the Act provides that the Register may include any other details prescribed in relation to business names registered before the change-over day to a person carrying on a business as a sole trader.

Details that may be included in Register in relation to business names registered to groups of persons

For subitem 3 (6) of Schedule 1 to the Act, the following details are prescribed:

(a)the State or Territory in which a business name is registered under the registration law of a State or Territory and the reference identification under which the business name is registered;

(b)if a person has provided a home address in relation to the registration of the business name under the registration law of a State or Territory — the home address.

Note Subitem 3 (6) of Schedule 1 to the Act provides that the Register may include any other details prescribed in relation to business names registered before the change-over day to a group of persons carrying on a business.

Historical information from States and Territories

(1)This regulation applies in relation to information that is obtained by a referring/adopting State or an affected Territory under the registration law of that State or Territory before the change-over day.

(2)For subitem 33 (2) of Schedule 1 to the Act, the following information is prescribed:

(a)details identifying any person in relation to which the business name was previously registered;

(b)contact details of any person in relation to which the business name was previously registered;

(c)any alternative contact details provided by any person in relation to which the business name was previously registered;

(d)if a home address is provided as the principal place of business in Australia of an entity that is an individual — that the address is a home address.

Note Subitem 33 (2) of Schedule 1 to the Act provides for information of a prescribed kind to be entered on the Register if it is obtained by a referring/adopting State or an affected Territory under the registration law of that State or Territory before the change-over day and the information is not otherwise entered, or would not otherwise be entered, on the Register.

(3)For subitem 33 (2) of Schedule 1 to the Act, the following information is prescribed:

(a)the day any of the following information was first obtained by a referring/adopting State or an affected Territory under the registration law of that State or Territory:

(i)information mentioned in subregulation (2);

(ii)information included in a notification given in accordance with subitem 1 (3) of Part 1 of Schedule 1 to the Act;

(b)a notation of the referring/adopting State or Territory that notified ASIC in accordance with item 1 of Part 1 of Schedule 1 to the Act of the matters mentioned in subitem 1 (1) of that Schedule.

Example for paragraph (b)

‘NSW’.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See