Business Names Regulations 1997 (TAS)

Business Names Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Business Names Act 1962 .16 December 1997

G. S. M. GREEN

Governor

By His Excellency’s Command,

R. J. GROOM

Minister for Justice

1Short titleThese regulations may be cited as the Business Names Regulations 1997 . 2CommencementThese regulations take effect on 31 December 1997. 3InterpretationIn these regulations – Act means the Business Names Act 1962 ; document includes any form specified in Schedule 1 ; repealed Act means the Registration of Firms Act 1899 . 4FormsThe forms specified in Schedule 1 are prescribed for the purpose of the Act. 5Documents (1)  Any document to be lodged with the Commissioner under the Act is to comply with the following requirements: (a) the document is to be on paper of medium weight and good quality and of A4 folio size; (b) the document is to be typewritten or handwritten and clearly legible; (c) the document is not to be a carbon copy; (d) if the document comprises 2 or more sheets, the sheets are to be bound together securely; (e) the document is to be folded lengthwise with the following endorsed on the outside: (i) on the upper left-hand corner, any registered number allotted by the Commissioner to the business name to which the document relates; (ii) the business name to which the document relates; (iii) the title of the document, which is to be the same as the heading to the appropriate form; (iv) the name, address and telephone number of the legal practitioner or other person by, or on whose behalf, the document is lodged; (v) the document is to state the following:

Lodged in the office of the Commissioner for Corporate Affairs on ........................................

Commissioner for Corporate  Affairs         

(2)  The Commissioner may accept for lodgment a document that does not comply with all the requirements specified in subregulation (1) if satisfied that – (a) the document substantially complies with those requirements, is clearly legible and is in a durable condition; and (b) the rejection of the document may impose undue hardship on the person by or on whose behalf the document was submitted to the Commissioner; and (c) in the circumstances, it is reasonable that the document be accepted for lodgment. (3)  The Commissioner may accept electronic lodgment of any document. 6Application for consent of MinisterAn application under section 9(1) of the Act for the consent of the Minister to the registration of a particular business name is to be – (a) in writing; and (b) lodged with the Commissioner within one month. 7Fees (1)  The fees specified in Schedule 2 are payable in respect of the matters to which they relate. (2)  The Commissioner, if satisfied that just cause exists for the late lodgment of any document, may waive, in whole or in part, the additional fee payable under paragraph (b) of Item 5 of Schedule 2. 8RescissionThe Business Names Regulations 1962 are rescinded. Schedule 1FormsForm 1Form 2Form 3Form 4Form 5Form 6Form 7Schedule 2Fees

Regulation 7

Item	Fee
1.	On lodging a statement under section 7(1) of the Act	$100
2.	For a certificate of registration issued under section 7(5) of the Act	$10
3.	On lodging a statement under section 11(1) of the Act	$100
4.	On lodging a statement under section 12 of the Act	Nil
5.	On the late lodging of any document under the Act, in addition to any other fee –
(a) if lodged within 1 month after the period prescribed by law	$10
(b) if lodged more than 1 month after the period prescribed by law	$20
6.	On lodging any statutory declaration	$5
7.	For inspection of any statement lodged with the Commissioner under the Act or filed under the repealed Act and making a copy of the statement –
(a) if made by way of personal inspection	$5
(b) if made otherwise than by way of personal inspection	$10
8.	For a certificate of registration or non-registration, for a certified copy of, or certified extract from, the register or a certified copy of, or certified extract from, a document forming part of the register	$10
9.	For photographic copies of documents in the custody of the Commissioner –
(a) for first 2 pages	$2.50
(b) for each additional page	$0.50
10.	For a search as to whether a name proposed to be adopted as a business name is available –
for each name	$11
11.	For a search for which a fee is not elsewhere prescribed –
(a) if made by way of personal inspection	$5
(b) if made otherwise than by way of personal inspection	$10
12.	For any other act the Commissioner is required or authorised to do under the Act and for which a fee is not elsewhere prescribed	$10
13.	On lodging any document with or by the Commissioner if a fee for the lodging is not elsewhere prescribed	$10
14.	On a subpoena served on the Commissioner to produce any document in his or her custody	$20
15.	For each application for consent of the Minister to the use of a business name	$100

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 1997

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe forms for the purpose of the Business Names Act 1962 ; and (b) prescribe the requirements for lodging documents with the Commissioner for Corporate Affairs under that Act; and (c) prescribe the fees payable under that Act; and (d) rescind the Business Names Regulations 1962 .