Business Names Regulations 1962 (WA)
Western Australia
Business Names Act 1962
Western Australia
Business Names Act 1962
These regulations may be cited as the
These regulations shall come into operation on the commencement of the
(1) The regulations made pursuant to the provisions of section 23 of the
Business Names Act 1942 1 are hereby repealed.(2) The repeal effected by subregulation (1) does not —
(a) affect the operation before the coming into operation of these regulations of any of the regulations so repealed;
(b) alter the past or future effect of the doing, suffering or omission of anything before the coming into operation of these regulations;
(c) affect any registration, statement, particulars, certificate, cancellation, correction or decision made, filed, granted or issued under or by virtue of any of the regulations so repealed;
(d) affect any estate, right, title, interest, privilege, power, duty, obligation, liability, charge or penalty created, acquired, accrued, exercisable, incurred or imposed by or under, or liable to be imposed under, any of the regulations so repealed;
(e) affect any notice, order or direction, or any proceeding, matter, or thing presented, made, held, given, published, declared or done under any of the regulations so repealed; or
(f) affect any legal or other proceeding commenced before or after the coming into operation of these regulations in respect of any of the matters or things mentioned in paragraphs (a) to (e).
(3) All matters and things mentioned in subregulation (2), to the extent that they were respectively in force immediately before the coming into operation of these regulations, are preserved and continued, and declared to be of the same force and effect as if these regulations had been in force when they were respectively done, suffered, omitted, made, filed, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, declared or accrued or become exercisable or liable to be imposed, and they respectively had been done, suffered, omitted, made, filed, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, declared, or had accrued, or become exercisable, or liable to be imposed, under these regulations.
In these regulations,
The forms set out in the Second Schedule are prescribed in relation to the matters specified in those forms.
Where a form prescribed by these regulations requires completion by the insertion of particulars or other matters referred to in the form, those particulars or other matters are prescribed as the particulars or other matters required under the provision of the Act for the purposes for which the form is prescribed.
A form prescribed by these regulations and containing any directions for its completion shall be completed in accordance with such directions.
A document to be lodged for registration with the Commissioner
(a) the document shall be on paper of medium weight and good quality and of international A4 size;
(b) the document shall be printed, typewritten or handwritten and shall be clearly legible;
(c) the document shall not be a carbon copy;
(d) when the document comprises 2 or more sheets, the sheets shall be bound together securely; and
(e) the document shall be folded lengthwise and, as so folded, shall have endorsed on the outside —
(i) on the upper right‑hand corner the registered number (if any) allotted by the Commissioner
2 to the business name to which the document relates;(ii) the name, address and telephone number of the solicitor or other person by, or on whose behalf the document is lodged; and
(iii) words to the following effect —
LodgedintheofficeoftheCommissionerforConsumerProtectionon “ .
Commissioner for Consumer Protection. ”.
An application under section 9(1) of the Act for the consent of the Minister to the registration of a business name shall be lodged with the Commissioner
(1) Section 26 of the Act does not apply to an invitation made by a finance broker to lend money to a person for whom the finance broker is acting as agent where —
(a) the finance broker has no direct or indirect pecuniary or other interest in the loan other than a claim for remuneration in accordance with section 44 of the
Finance Brokers Control Act 1975 ; and(b) the invitation is to lend or deposit money with a specified person or for a specified investment or class of investment.
(2) In this regulation
finance broker means a person who or which holds a licence as a finance broker under theFinance Brokers Control Act 1975 and an annual certificate in respect of that licence.
The fees set out in the Third Schedule shall be paid to the Commissioner
(1) The offences specified in the Fourth Schedule are offences for which an infringement notice may be issued under Part 2 of the
Criminal Procedure Act 2004 .(2) The modified penalty specified opposite an offence in the Fourth Schedule is the modified penalty for that offence for the purposes of section 5(3) of the
Criminal Procedure Act 2004 .(3) The Commissioner
2 may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of theCriminal Procedure Act 2004 .(4) The Commissioner
2 is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
1 | Business name to be registered | |||||
2 | Alternative names (if above name not available) | 2 | ||||
3 | ||||||
4 | ||||||
3 | Existing business name [if any] | [if existing business name is to be cancelled, complete Form 5] | ||||
4 | Nature of business [be concise] | |||||
5 | Address(es) in WA where business is or is proposed to be carried on [include postcode(s)] | Principal place of business: | ||||
Other place: | ||||||
Other place: | ||||||
6 | Address in WA for service of notices under the Act [postal address acceptable] | |||||
7 | Commencement date of business | |||||
8 | Applicants who are individuals [give date of birth if under 18 years of age] [if insufficient space, attach an annexure] | Surname: Given names: Date of birth: Residential address: ( Signature: | ||||
Surname: Given names: Date of birth: Residential address: ( Signature: | ||||||
Have any of the above persons been convicted in WA or elsewhere — on indictment of an offence in connection with the promotion, formation or management of a corporation; of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? If yes you must contact the Department before you lodge this form. | ||||||
9 | Applicants who are corporations [the officer signing must be a director or secretary of the corporation] [if insufficient space, attach an annexure] | Corporation name: ACN: Registered office: ( Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||
Corporation name: ACN: Registered office: ( Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||||
10 | Name: Address: Telephone: Fax: Email: | |||||
Western Australia
No. .............................. Section 7(4) and (5).
I hereby certify that the business name .................................................................. was on the ................... day of .................................. 20......., registered, pursuant to and subject to the
Given under my hand at Perth this ..................... day of .......................... 20........
...........................................................
Commissioner for Consumer Protection
1 | Registered business name | |||||
2 | Registration number | |||||
3 | Date registration expires | |||||
4 | Nature of business [be concise] | |||||
5 | Address(es) in WA where business is being carried on [include postcode(s)] | Principal place of business: | ||||
Other place: | ||||||
Other place: | ||||||
6 | Address in WA for service of notices under the Act [postal address acceptable] | |||||
7 | Individuals | Surname: Given names: | ||||
Surname: Given names: | ||||||
Surname: Given names: | ||||||
Have any of the above persons been convicted in WA or elsewhere — on indictment of an offence in connection with the promotion, formation or management of a corporation; of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? If yes you must contact the Department before you lodge this form. | ||||||
8 | Corporations | Corporation name: ACN: | ||||
Corporation name: ACN: | ||||||
Corporation name: ACN: | ||||||
9 | Declaration [making a false declaration is an offence with a penalty of $1 000] | I declare that the persons named above are carrying on a business under the above business name and that all the details on this form are true and correct. | ||||
Telephone: | Email: | |||||
Surname & given names: Signature: | Date: | |||||
Corporation name: ACN: Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||||
10 | Capacity of person making declaration [tick one box] | An individual carrying on the business. An officer who is a director or secretary of a corporation carrying on the business. | ||||
1 | Registered business name | |||||
2 | Registration number | |||||
3 | New address(es) in WA where the business is carried on [include postcode(s)] | New principal place of business: Date opened: | ||||
New additional place of business: Date opened: | ||||||
4 | Address(es) in WA where the business no longer carried on [include postcode(s)] | Address: Date closed: | ||||
Address: Date closed: | ||||||
5 | New address in WA for service of notices under the Act [postal address acceptable] | |||||
6 | Date of change | |||||
7 | New nature of business | |||||
8 | Date of change | |||||
9 | New individuals carrying on the business [give date of birth if under 18 years of age] | Surname: Given names: Date of birth: Residential address: ( Date commenced: | ||||
Surname: Given names: Date of birth: Residential address: ( Date commenced: | ||||||
Has a person specified above been convicted in WA or elsewhere — on indictment of an offence in connection with the promotion, formation or management of a corporation; of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? If yes you must contact the Department before you lodge this form. | ||||||
10 | New corporations carrying on the business | Corporation name: ACN: Registered office: ( Date commenced: | Date: | |||
Corporation name: ACN: Registered office: ( Date commenced: | Date: | |||||
11 | Individuals who have ceased to carry on the business | Surname: Given names: Date ceased: | ||||
Surname: Given names: Date ceased: | ||||||
12 | Corporations that have ceased to carry on the business | Corporation name: ACN: Date ceased: | ||||
Corporation name: ACN: Date ceased: | ||||||
13 | Individuals who continue to carry on the business | Surname: Given names: Address: | ||||
Surname: Given names: Address: | ||||||
14 | Corporations that continue to carry on the business | Corporation name: ACN: Registered office: (not P.O. Box No.) | ||||
Corporation name: ACN: Registered office: (not P.O. Box No.) | ||||||
15 | Change of name [e.g. by marriage or deed poll] | Old name: New name: ACN (if corporation): Date of change: | ||||
16 | Change of address | Surname & given names or corporation name & ACN: Old address: New address: Date of change: | ||||
If item 3, 4, 5 or 7 above is completed — any one of the persons carrying on the business. If item 9 or 10 above is completed — the continuing and commencing proprietors. If item 11 or 12 above is completed — the continuing and ceasing proprietors. If item 15 or 16 above is completed — the person or corporation named in the item. [For details of the above see the Act s. 12(1), (2), (3) & (4).] | ||||||
17 | Declaration | I/we declare that all the details on this form are true and correct. | ||||
18 | Signatures [making a false declaration is an offence with a penalty of $1 000] [the officer signing must be a director or secretary of the corporation] | Surname & given names: Signature: | Date: | |||
Surname & given names: Signature: | Date: | |||||
Corporation name: ACN: Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||||
Corporation name: ACN: Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||||
1 | Registered business name | |||
2 | Registration number | |||
3 | Notice of cessation | I/we give notice that the business formerly carried on under the above business name has ceased to be carried on in Western Australia as from and including the day of 20 . | ||
4 | Signatures of all persons in relation to whom the business name is registered [the officer signing must be a director or secretary of the corporation] | Surname & given names Signature: | Date: | |
Surname & given names Signature: | Date: | |||
Corporation name: ACN: Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||
Corporation name: ACN: Officer’s full name: Officer’s signature: Officer’s position: | Date: | |||
Infringement notice no. | ||
Name: Family name | ||
Given names | ||
or Company name ____________________________________ ACN | ||
Address ________________________________________________ Postcode | ||
Description of offence _____________________________________ | ||
Date / /20 Time a.m./p.m. | ||
Modified penalty $ | ||
Name | ||
Signature | ||
Office | ||
| ||
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. Approved Officer — Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 Department of Consumer and Employment Protection 219 St George’s Terrace, Perth WA | ||
Withdrawal no. | ||
Name: Family name | ||
Given names | ||
or Company name ___________________________________ ACN | ||
Address _______________________________________________ Postcode | ||
Infringement notice no. | ||
| ||
Description of offence ___________________________________ | ||
Date / /20 Time a.m./p.m. | ||
Name | ||
Signature | ||
Office | ||
| ||
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. * If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850
| ||
[Regulation 10]
1. | Upon lodging a statement under section 7(1) of the Act ........ | 90 | ||
2. | For a further certificate of registration under section 7(5) of the Act ..................................................................................... | 7 | ||
3. | Upon lodging a statement under section 11(1) of the Act to renew the registration of a business name that expires on or after 1 February 2004 ............................................................. | 75 | ||
4. | On the late lodging of a document under the Act, in addition to any other fee — | |||
(a).... if lodged within 1 month after the period prescribed by law ........................................................................... | 12 | |||
(b).... if lodged more than 1 month after the period prescribed by law in addition to the fee payable under paragraph (a) ................................................................ | 24 | |||
5. | For every inquiry with respect to any business name specified in the inquiry ........................................................... | 10 | ||
6. | For a certificate under section 23(1)(b) of the Act ................. | 7 | ||
7. | For every inquiry under section 9(1) of the Act — for each name ........................................................................................ | 10 | ||
8. | For any other act by the Commissioner | 10 | ||
9. | For every application for consent of the Minister to use of a business name ......................................................................... | 24 | ||
10. | For every order of the Minister granting consent to the use of a business name ...................................................................... | 30 | ||
11. | (a) For every inspection of a document or documents lodged with the Commissioner | 5 | ||
(b) For the supply of an uncertified copy or print of any document where the fee prescribed by paragraph (a) has been paid — | ||||
for each page of print ............................................... | 2 | |||
(c) For the supply of an uncertified copy or print of any document without inspection having been made — | ||||
for the first 2 pages of the print ............................... | 5 | |||
for each additional page........................................... | 2 | |||
12. | For certifying by the Commissioner | |||
(a) where a printed or typewritten copy of or extract from that document or transparency supplied by the applicant — | ||||
for 1 page ................................................................... | 5 | |||
for each additional page.............................................. | 2 | |||
(b) in any other case — | ||||
for 1 page.................................................................... | 5 | |||
for each additional page.............................................. | 2 | |||
13. | For the supply of a computer printout of the registered business names in a given postcode area showing the — | |||
(a) registered business number; | ||||
(b) registered business name; and | ||||
(c) principal place of business — | ||||
for each request .......................................................... and | 10 | |||
for each page of print.................................................. | 2 | |||
14. | For the supply of a computer printout of the proprietors of a business name, using the surname and first initial of a proprietor as the selection criteria, showing the — | |||
(a) names and addresses of the proprietors; | ||||
(b) registered business number; | ||||
(c) registered business name; and | ||||
(d) principal place of business — | ||||
for each request .......................................................... | 30 | |||
15. | For the supply of a computer printout of the registered business names, using an Australian Standard Industry Classification (ASIC) code — | |||
for each request .......................................................... and | 10 | |||
for each name shown.................................................. | 1 | |||
[r. 11]
s. 5(1) | Carrying on business under unregistered name ...... | $40 |
s. 12(8) | Failure to lodge statement of change of registered particulars ............................................... | $40 |
s. 13(2) | Failure to provide information required by Commissioner | $40 |
s. 20(a) | Using business document not showing registered name ....................................................... | $20 |
s. 20(b) | Failure to display registered name at place of business ................................................................... | $20 |
s. 20(c) | Failure to exhibit certificate of registration ............. | $20 |
This is a compilation of the
27 Sep 1962 p. 2663‑72 | 12 Oct 1962 (see r. 2 and | |
13 May 1964 p. 2153 | 13 May 1964 | |
17 Nov 1969 p. 3591 | 1 Dec 1969 | |
17 Dec 1971 p. 5266 | 1 Jan 1972 | |
23 Sep 1977 p. 3412‑13 | 1 Oct 1977 | |
3 Jul 1981 p. 2567‑8 | 3 Jul 1981 | |
18 Jun 1982 p. 1996 | 1 Jul 1982 (see r. 2) | |
9 Jul 1982 p. 2474 | 15 Jul 1982 (see r. 2) | |
20 Jan 1984 p. 137‑8 | 1 Mar 1984 (see r. 2) | |
26 Sep 1986 p. 3680‑1 | 1 Oct 1986 (see r. 2) | |
27 May 1988 p. 1718‑22 | 27 May 1988 | |
9 Sep 1988 p. 3487‑8 | 9 Sep 1988 | |
30 Jun 1989 p. 1897‑8 | 30 Jun 1989 | |
15 Sep 1989 p. 3392‑7 | 15 Sep 1989 | |
14 Sep 1990 p. 4755‑7 | 14 Sep 1990 | |
1 Mar 1991 p. 971‑2 | 1 Mar 1991 | |
8 Nov 1991 p. 5714‑16 | 8 Nov 1991 | |
26 Jun 1992 p. 2658‑9 | 1 Jul 1992 (see r. 2) | |
31 Aug 1993 p. 4685 | 1 Sep 1993 (see r. 2) | |
27 Jun 1995 p. 2544‑6 | 1 Jul 1995 (see r. 2) | |
28 Jun 1996 p. 3019 | 28 Jun 1996 | |
9 Jun 1998 p. 3093‑4 | 1 Jul 1998 (see r. 2) | |
8 Dec 2000 p. 6917‑18 | 1 Jan 2001 (see r. 2) | |
2 Nov 2001 p. 5793 | 1 Jan 2002 (see r. 2) | |
28 Dec 2001 p. 6713‑14 | 1 Jan 2002 (see r. 2) | |
6 Jun 2003 p. 2027‑8 | 15 Jul 2001 (see r. 2 and Commonwealth | |
9 Jan 2004 p. 87‑8 | 1 Feb 2004 (see r. 2) | |
20 Jul 2004 p. 2903‑9 | 20 Jul 2004 | |
28 Jun 2005 p. 2907 | 1 Jul 2005 (see r. 2) | |
27 Jun 2006 p. 2251 | 1 Jul 2006 (see r. 2) | |
22 Sep 2006 p. 4075‑8 | 22 Sep 2006 (see r. 2(a)) | |
12 Jan 2007 p. 44 | 12 Jan 2007 | |
20 Aug 2013 p. 3823 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | |
SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
finance broker........................................................................................................... 9A(2)
the Act................................................................................................................................ 4
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