Business Names Regulations (NT)

NORTHERN TERRITORY OF AUSTRALIA

BUSINESS NAMES regulations

As in force at 1 January 2010

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — DefinitionsPart 2 — Infringement notices3 — When infringement notice for infringement offence may be served4 — Contents of infringement notice5 — Payment by cheque6 — Withdrawal of infringement notice7 — Application of PartPart 3 — Fees8 — FeesSchedule 1 — Infringement offences and prescribed amountsSchedule 2ENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Regulations as in force at 1 January 2010.  Any amendments that commence after that date are not included.

BUSINESS NAMES regulations

Regulations under the Business Names Act

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Business Names Regulations.

2Definitions

In these Regulations:

infringement notice, see regulation 3.

infringement offence means an offence against a provision of the Act specified in Schedule 1, column 1.

prescribed amount, for an infringement offence, means the amount specified in Schedule 1, column 2 opposite the offence provision.

Part 2Infringement notices 3When infringement notice for infringement offence may be served

If the Commissioner reasonably believes a person has committed an infringement offence, the Commissioner may serve a notice (an infringement notice) on the person.

4Contents of infringement notice

• (1)

  The infringement notice must specify the following particulars:

  • (a)

    the name and address of the alleged offender, if known;

  • (b)

    the date of the infringement notice;

  • (c)

    the date, time and place of the infringement offence;

  • (d)

    a description of the infringement offence and the prescribed amount payable for the offence;

  • (e)

    the enforcement agency, as defined in the Fines and Penalties (Recovery) Act, to whom the prescribed amount is payable.

• (2)

  The infringement notice must include a statement to the effect of the following:

  • (a)

    the alleged offender may expiate the infringement offence and avoid further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice;

  • (b)

    the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Actby completing a statement of election and serving it on the specified enforcement agency;

  • (c)

    if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act including (but not limited to) action for the following:

    • (i)

      suspension of the alleged offender’s licence to drive;

    • (ii)

      suspension of the alleged offender’s vehicle registration;

    • (iii)

      seizure of personal property of the alleged offender;

    • (iv)

      deduction of an amount from the alleged offender’s wages or salary;

    • (v)

      registration of a statutory charge on land owned by the alleged offender;

    • (vi)

      making of a community work order for the alleged offender which may result in imprisonment of the alleged offender if the alleged offender breaches the order.

• (3)

  Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

5Payment by cheque

If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

6Withdrawal of infringement notice

• (1)

  The Commissioner may withdraw the infringement notice by written notice served on the alleged offender.

• (2)

  The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount.

7Application of Part

• (1)

  This Part does not prejudice or affect the start or continuing of proceedings for an infringement offence for which an infringement notice has been served unless the offence is expiated.

• (2)

  Also, this Part does not prevent more than one infringement notice for the same infringement offence being served on an alleged offender and, to expiate the offence, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices.

• (3)

  In addition, this Part does not:

  • (a)

    require an infringement notice to be served; or

  • (b)

    affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served.

  Part 3Fees    

8Fees

The fee payable under a provision of the Act specified in Schedule 2, column 1 is the amount specified opposite column 2.

Schedule 1Infringement offences and prescribed amounts

regulation 2, definitions infringement offence and prescribed amount

Column 1 Offence provision	Column 2 Prescribed amount
Section 9(1)	10 penalty units
Section 19(4)	4 penalty units
Section 20(4)	4 penalty units
Section 21(1) and (2)	4 penalty units
Section 22(1)	4 penalty units
Section 25(5)	4 penalty units

Schedule 2

Regulation 8

PART A – FEES (REVENUE UNITS)

Column 1 Provision	Column 2 Fee – revenue units
Section 10(2)(c) – application for registration of business name	65
Section 16(2)(c) – application for renewal of registration of business name	55
Section 19(3)(c) – notice of change in particulars	10

PART B – FEES ($)

Column 1 Provision	Column 2 Fee – $
Section 50(1)(b) – copy of, or extract from, register	10 (first page) 2 (each additional page)
Section 50(2)(a) – issue of certified copy of, or extract from, register	10 (first page) 2 (each additional page)
Section 50(2)(b) – issue of certificate	10 (first page) 2 (each additional page)

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Business Names Regulations (SL No. 25, 2007)
Notified	22 August 2007
Commenced	22 August 2007
Fees and Charges Amendment Regulations2009 (SL No. 34, 2009)
Notified	14 December 2009
Commenced	1 January 2010 (r 2)

• 3

  LIST OF AMENDMENTS

pt 4 hdg             exp No. 25, 2007, r 10

rr 9 – 10             exp No. 25, 2007, r 10

sch 2                 amd No. 34, 2009, r 10