Business Names Regulation 1966 (ACT)

Business Names Regulation 1966 (repealed)   

SL1966-11

made under the

Business Names Act 1963

Republication No 7

Effective:  28 May 2012

Republication date: 28 May 2012

As repealed by A2012-2 s 17

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Business Names Regulation 1966 (repealed), made under the Business Names Act 1963, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 28 May 2012. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Business Names Regulation 1966 (repealed)

made under the

Business Names Act 1963

Contents

Page

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

4            Meaning of agent  2

5            General requirements for documents  2

6            Annexures and documents accompanying forms  4

7           Signature of documents  4

Dictionary6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  11

5            Earlier republications  12

Business Names Regulation 1966 (repealed)

made under the

Business Names Act 1963

1. Name of regulation

   This regulation is the Business Names Regulation 1966.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘agent—see the Corporations Regulations 2001 (Cwlth), regulation 1.0.02 (1).’ means that the term ‘agent’ is defined in that regulation and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Meaning of agent

   In this regulation:

   agent—see the Corporations Regulations 2001 (Cwlth), regulation 1.0.02 (1).

5. General requirements for documents

   (1)Unless the registrar-general otherwise approves, a document lodged with the registrar-general must—

   (a)be on paper of medium weight and good quality and of foolscap folio size or international sheet size A4; and

   (b)be clearly printed, written or otherwise produced in a way that is permanent and will make possible a reproduction by photographic means that is satisfactory to the registrar-general; and

   (c)not be a carbon copy, or a copy reproduced by any spirit duplication method; and

   (d)have margins of not less than 25mm on the left-hand side and not less than 13mm on the right-hand side; and

   (e)if it comprises 2 or more sheets—be fastened together securely in the top left-hand corner; and

   (f)have endorsed on the outside—

   (i)on the upper left-hand corner—the registered number (if any) allotted by the registrar-general to the business name to which the document relates; and

   (ii)the business name to which the document relates; and

   (iii)the title of the document (that is, if the document is a form approved under the Act, section 33, the same as the heading in the form); and

   (iv)the name, address and telephone number of the person by whom, or on whose behalf, the document is lodged; and

   (v)the following words:

   Lodged with the registrar-general on  .

   (2)If the address of the office of a corporation is required, full particulars of its situation must be provided to enable it to be readily located.

   (3)The name of a person signing a form approved under the Act, section 33 that is lodged with the registrar-general must be legibly written under or alongside the signature of that person.

6. Annexures and documents accompanying forms

   (1)If the space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, that information must be set out in an annexure.

   (2)An annexure to a form must be marked with an identifying letter and endorsed with the words:

   This is the annexure of (number) pages marked with the letter (appropriate letter ie ‘A’ for the 1st annexure, ‘B’ for the 2nd annexure etc) mentioned in the (description of document) signed by *[me/us] and dated (date).

   Signature/s

   (3)The annexure must be signed by each person who signs the form to which the annexure is annexed.

   (4)The pages in an annexure must be numbered consecutively.

   (5)If a document, copy of a document, or other matter is annexed to or accompanies a form, reference made in the form to the annexure must be by its identifying letter, the number of pages in it, and a brief description of the nature of the document and its contents.

   (6)A reference to an annexure includes a document, copy of a document, or any other matter accompanying or annexed to a form.

7. Signature of documents

   (1)A document relating to a corporation that is lodged for a corporation must be signed by—

   (a)if the corporation is a foreign company—

   (i)a director or secretary of the company; or

   (ii)the agent of the company; or

   (b)in any other case—a director or secretary of the corporation.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

   (2)However, if a foreign company’s agent is a company, the document must be signed by a director or secretary of the agent.

   (3)This section is subject to the Act, section 15 (Signing of statements).

   (4)In this section:

   foreign company—see the Corporations Act 2001 (Cwlth), section 9.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     corporation

·     document

·     registrar-general.

Note 3Terms used in this regulation have the same meaning that they have in the Business Names Act 1963 (see Legislation Act, s 148). For example, the following term is defined in the Business Names Act 1963, dict:

·     business name.

agent—see section 4.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally called the Business Names Regulations and was originally made under a Commonwealth ordinance—the Business Names Ordinance 1963 No 12 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Business Names Ordinance 1972 and the Business Names Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

   This regulation was renamed by the Statute Law Amendment Act 2001, amdt 3.2 and under the Legislation Act 2001.

   Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967, s 50).

   Legislation before becoming Territory enactment

   Business Names Regulation 1966 No 11

   notified 15 September 1966
   commenced 15 September 1966

   as amended by

   Amendment of the Business Names Regulations 1976 No 10

   notified 14 July 1976
   commenced 14 July 1976

   Amendments of Business Names Regulations 1976 No 19

   notified 26 October 1976
   commenced 1 November 1976 (s 1)

   Amendments of Business Names Regulations 1977 No 20

   notified 24 August 1977
   commenced 24 August 1977

   Regulations to revise regulations in force under ordinances of ACT 1979 No 26 sch

   notified 29 November 1979

   commenced 29 November 1979

   Business Names Regulations (Amendment) 1982 No 16

   notified 29 June 1982
   commenced 1 July 1982 (s 1)

   Legislation after becoming Territory enactment

   Business Names (Amendment) Act 1990 No 27 sch 2

   notified 24 August 1990 (Gaz 1990 No S57)

   ss 1-3 commenced 24 August 1990 (s 2 (1))
   sch 2 commenced 3 September 1990 (s 2 (2))

   Registrar-General (Consequential Provisions) Act 1993 No 64 sch 2

   notified 6 September 1993 (Gaz 1993 No S172)
   s 1, s 2 commenced 6 September 1993 (s 2 (1))
   sch 2 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)

   Legislation (Consequential Amendments) Act 2001 No 44 pt 49

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 49 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.8

   notified LR 12 May 2005
   s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
   sch 3 pt 3.8 commenced 2 June 2005 (s 2 (1))

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.14

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.14 commenced 12 April 2007 (s 2 (1))

   as repealed by

   Business Names Registration (Transition to Commonwealth)

   
   

   Act 2012 A2012-2 s 17

   notified LR 28 February 2012
   s 1, s 2 commenced 28 February 2012 (LA s 75 (1))
   s 17 commenced 28 May 2012 (s 2 (2))

1. Amendment history

   Name of regulation

   s 1am R3 LA; R4 LA

   Dictionary

   s 2am 1982 No 16 s 2; Act 1990 No 27 sch 2

   sub Act 2001 No 44 amdt 1.516; A2007-3 amdt 3.63

   def agent ins 1982 No 16 s 2

   sub Act 2001 No 44 amdt 1.516; A2005-20 amdt 3.87

   om A2007-3 amdt 3.63

   def the Ordinance sub 1982 No 16 s 2

   om Act 2001 No 44 amdt 1.516

   Notes

   s 3om Act 1990 No 27 sch 2

   ins A2007-3 amdt 3.63

   Meaning of agent

   s 4om Act 1990 No 27 sch 2

   ins A2007-3 amdt 3.63

   General requirements for documents

   s 5am 1976 No 10

   sub 1982 No 16 s 3

   am Act 1990 No 27 sch 2; Act 1993 No 64 sch 2; Act 2001 No 44 amdt 1.517, amdt 1.518

   Annexures and documents accompanying forms

   s 6om 1976 No 19 s 2

   ins 1982 No. 16 s 3

   am A2005-20 amdt 3.88; ss renum R5 LA (see A2005-20 amdt 3.89)

   Signature of documents

   s 7ins 1982 No 16 s 3

   am Act 2001 No 44 amdt 1.519, amdt 1.520

   sub A2005-20 amdt 3.90

   Schedule 1

   sch 1om Act 1990 No 27 sch 2

   Schedule 2

   sch 2am 1977 No 20 s 1, s 2; 1979 No 26 sch; 1982 No 16 s 4

   om Act 1990 No 27 sch 2

   Schedule 3

   sch 3om 1976 No 19 s 3

   Dictionary

   dictins A2007-3 amdt 3.64

   def agent ins A2007-3 amdt 3.64

2. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1990 No 27	30 April 1991
2	Act 1993 No 64	31 January 1994
3	A2001-44	30 April 2002
4	A2001-44	2 November 2004
5	A2005-20	2 June 2005
6	A2007-3	12 April 2007