Untitled document
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—ASSOCIATIONS INCORPORATION 3
3. Forms and particulars 3 4. Bringing companies etc under Act 3 5. Winding up 3 6. New section 38B inserted 4
38B. Delegation by Minister 4
7. New section 39A inserted 4
39A. Corrections of register 4
8. New sections 45B and 45C inserted 4
45B. Approval of special lodging arrangements 4 45C. Signatures 6
9. Resubmission of certain documents 6 10. New section 49A inserted 7
49A. Retention of documents 7
11. Regulations 7 12. Statute law revision 7
PART 3—BUSINESS NAMES 8
13. Definitions 8 14. Administration 8 15. New section 4BB inserted 8
4BB. Delegation by the Minister 8
16. Unregistered businesses 9 17. Restrictions on use 9 18. Registration of addresses 9 19. Restrictions on registration of business names 9 20. Renewals of registration 10 21. Notification of changes of particulars 10
i
Section Page
22. New section 15AB inserted 11 15AB. Approval of special lodging arrangements 12 23. Lodgement of statements 13 24. New sections 17 and 17A inserted 13
17. False and misleading statements 14 17A. Retention of records 15
25. Cancellation of registration 15 26. Invitations to public 15 27. Service of notices 15 28. Regulations 16
PART 4—CO-OPERATIVES 17
29. New sections 438A and 438B inserted 17 438A. Signing of documents 17
438B. Approval of special lodging arrangements 17
30. Method of lodgement 19 31. New section 409A inserted 19 409A. Retention of records 19 32. Correction of Register 19 33. Regulations 20 34. Statute law revision 20
PART 5—PARTNERSHIPS 22
35. Correction of Register 22 36. New section 79 substituted 22
79. False and misleading statements 22
37. New Part 4 (sections 79A to 79F) inserted 23 PART 4—GENERAL REQUIREMENTS 23
79A. Signing of documents 23 79B. Lodgment of documents 24 79C. Method of lodgment 24 79D. Approval of special lodging arrangements 24 79E. Retention of records 26 79F. Power of Commissioner to refuse to register or reject documents 26
38. Regulations 27 PART 6—CHANGE OF REFERENCES TO DIRECTOR OF FAIR
TRADING 29
39. New section 98 substituted in Fair Trading Act 1999 29
98. Director of Consumer and Business Affairs 29
40. Consequential amendments to Fair Trading Act 1999 29
ii
Section Page 41. New clauses 6 and 7 inserted in Schedule 3 of Fair Trading
Act 1999 30
6. Superseded references to Director of Fair Trading and
Office of Fair Trading and Business Affairs 30
7. Actions commenced by Director 30
42. Building Act 1993 31 43. Business Names Act 1962 31 44. Co-operative Housing Societies Act 1958 31 45. Credit (Administration) Act 1984 31 46. Estate Agents Act 1980 32 47. Motor Car Traders Act 1986 32 48. Petroleum Retail Selling Sites Act 1981 33 49. Prostitution Control Act 1994 33 50. Residential Tenancies Act 1997 34 51. Second-Hand Dealers and Pawnbrokers Act 1989 35 52. Travel Agents Act 1986 35 53. Victorian Civil and Administrative Tribunal Act 1998 36
═══════════════
NOTES 37
iii
Victoria
No. 35 of 2000
Business Registration Acts
(Amendment) Act 2000†
[Assented to 6 June 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Business Names Act 1962, the Co-operatives Act 1996 and the Partnership Act 1958 to facilitate electronic service delivery for registration services provided under those Acts, to make other miscellaneous amendments to those
Business Registration Acts (Amendment) Act 2000
| s. 2 | Act No. 35/2000 |
Acts and to amend the Fair Trading Act 1999 and other Acts.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.(2) If a provision of this Act does not come into
operation before 1 July 2002, it comes into
operation on that day.
______________
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 3
PART 2—ASSOCIATIONS INCORPORATION
3. Forms and particulars No. 9713.
Reprint No. 5
In the Associations Incorporation Act 1981— as at 1 September
1999.(a)
in section 5(e), after "applicant" insert "in the form approved by the Registrar";
(b)
in sections 5, 10(3), 30(4), (where first occurring) in section 31(3) and 46(h), for "prescribed form" substitute "form approved by the Registrar";
(c)
in sections 7(1), 13(3), 28(1) and 31(3)(c), for "prescribed form" substitute "form approved by the Registrar and containing the prescribed particulars";
(d)
in section 30(4)(a), after "(3)" insert "and any other prescribed particulars";
4. Bringing companies etc under Act
In section 10(4)(b)(i) of the Associations
Incorporation Act 1981, after "Securities" insert"and Investments".
5. Winding up
In section 35(2) of the Associations
Incorporation Act 1981, after paragraph (i)
insert—"(ia) that the incorporated association has failed to
become registered or incorporated as a
prescribed body corporate within 6 months
after the period specified in a notice under
section 31AB; or".
Business Registration Acts (Amendment) Act 2000
| s. 6 | Act No. 35/2000 |
6. New section 38B inserted
After section 38A of the Associations
Incorporation Act 1981 insert—
"38B. Delegation by Minister
The Minister may, by instrument, delegate to the Registrar the power of the Minister to give consent under section 12(1).".
7. New section 39A inserted
After section 39 of the Associations
Incorporation Act 1981 insert—
"39A. Corrections of register
(1) The Registrar may correct any error or omission in the Register by—
(a) inserting an entry; or
(b) amending an entry; or(c) omitting an entry—
if he or she decides that the correction is
necessary.(2) The Registrar must not omit an entry in the
register unless satisfied that the whole of the
entry was included in error.".
8. New sections 45B and 45C inserted
After section 45A of the Associations
Incorporation Act 1981 insert—
"45B. Approval of special lodging arrangements
(1) Despite the requirements of this Act, the
Registrar, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of documents under this Act to—
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 8 (a) the public officer; or
(b)
a specified agent on behalf of a specified person or persons or class of persons.
(2) An approval may provide an exemption (or a
partial exemption) for the person or persons for or on behalf of whom the documents are lodged or the public officer or agent from
specified provisions of this Act relating to
the authentication or signature of documents
and the lodging of documents.(3) The Registrar may grant or refuse an
approval to a person who applies in writing
for that approval.
(4) The Registrar may vary or cancel an approval by written notice.
(5) The Registrar may impose any condition on an approval under this section including a condition that the Registrar will refuse to accept a document for lodgement unless he
or she is satisfied that a majority of the association proposed to be incorporated or the incorporated association has given written authorisation to the public officer or other person specified in the approval—
(a) for or on behalf of the person or
to sign copies of specified documents required by or under this Act to sign the documents;
(b)
to lodge with the Registrar copies of specified documents for or on behalf of the person who would otherwise be
Business Registration Acts (Amendment) Act 2000
| s. 9 | Act No. 35/2000 |
| required by or under this Act to lodge the documents. |
(6) The Registrar must note on the register kept
under section 39 details of any authorisations
required under sub-section (5).
(7) A document required to be lodged by a
person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is
signed on the person's or persons' behalf by a
person authorised in accordance with sub-
section (5) to so sign the copy of the
document.(8) Sub-section (7) does not relieve any person
who would otherwise be required to sign the
document from signing the original
document.
45C. Signatures
(1) Despite any other provision of this Act if the Registrar is satisfied that it is not practicable to obtain the signature of a person required
by this Act to sign a document the Registrar
may accept the document without its being
signed by that person but the person is not
relieved of the requirement to sign the
document.(2) If a document has been received by the Registrar for the purposes of lodgement under this Act or the regulations made under
this Act, it is sufficient compliance with a
requirement for the document to be signed ifthe original document is signed.".
9. Resubmission of certain documents
In section 46 of the Associations Incorporation
Act 1981, after paragraph (ca) insert—
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 10 "(cb) if submitted in electronic form, is not readily
accessible by the Registrar so as to be
useable by the Registrar;".
10. New section 49A inserted
After section 49 of the Associations
Incorporation Act 1981 insert—
"49A. Retention of documents
If a public officer or other person has lodged a copy of a document under this Act signed by the public officer or other person in accordance with an approval under section 45B, the public officer or person who lodged the copy of the document must ensure that the original document signed by any person who is required to sign the document is kept so that it is able to be produced readily to the Registrar for not less than 7 years after the document was lodged with the Registrar. Penalty: 30 penalty units.".
11. Regulations
In section 54(2) of the Associations
Incorporation Act 1981, after paragraph (bb)
insert—"(bc) make provision for the keeping of records of
documents required under this Act in any
form approved by the Registrar;".
12. Statute law revision
In section 36(1)(b) of the Associations
Incorporation Act 1981, for "direction"substitute "certificate".
______________
Business Registration Acts (Amendment) Act 2000
| s. 13 | Act No. 35/2000 |
PART 3—BUSINESS NAMES
| No. 6853. | 13. Definitions | |
| Reprint No. 5 | ||
| as at 11 | ||
| March 1999. | In section 4(1) of the Business Names Act | |
| Further | 1962— | |
| amended by | ||
| No. 17/1999. | (a) in the definition of "corporation" for "within the meaning of the Companies (Victoria) | |
|
includes any person performing the
duties of the secretary of the
corporation and, in relation to a foreign
company registered under the
Corporations Law, means the agent of
that company appointed for thepurposes of the Corporations Law;'.
14. Administration
In section 4A of the Business Names Act 1962, after "Securities" insert "and Investments".
15. New section 4BB inserted
After section 4A of the Business Names Act 1962 insert—
"4BB. Delegation by the Minister
The Minister may, by instrument, delegate to
the Director the power of the Minister to
give consent under section 9(1).".
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 16
16. Unregistered businesses
In the penalty at the foot of section 5(1) of the
Business Names Act 1962, for "$200" substitute"30 penalty units.".
17. Restrictions on use
In section 5A of the Business Names Act 1962—
(a)
in sub-section (1)(c), after "Code" insert "or section 229(3)(c) of the Corporations Law";
(b)
for the penalty at the foot of sub-section (2) substitute—
Penalty: "120 penalty units. Default
penalty.".
18. Registration of addresses
(1) In section 7(1) of the Business Names Act
1962—
(a)
for "prescribed form" substitute "form approved by the Director";
(b) at the end of paragraph (e) omit "and";
(c) after paragraph (f) insert— "(g) any other address nominated by the applicant as a postal address or electronic mailing address; and
(h) any other prescribed particulars.".
(2) In section 7(4) of the Business Names Act 1962, for "prescribed form" substitute "form approved by the Director containing the prescribed
particulars".
19. Restrictions on registration of business names
For section 9(2) of the Business Names Act 1962 substitute—
Business Registration Acts (Amendment) Act 2000
| s. 20 | Act No. 35/2000 |
"(2) The Minister must ensure that a direction
under this section is published in the direction is sent to the Minister of each State and self-governing Territory who is responsible for administering a law corresponding to this Act and to the Minister administering the Corporations Act 1989 of the Commonwealth.".
20. Renewals of registration
(1) In section 11(1) of the Business Names Act 1962,
for "prescribed form" substitute "form approved
by the Director and containing the prescribed
particulars".
(2) After section 11(4) of the Business Names Act
1962 insert—
"(5) A renewal of registration that is lodged with
the Director by electronic transmission is not
required to be signed in accordance withsub-section (1).".
21. Notification of changes of particulars
(1) After section 12(1) of the Business Names Act 1962 insert—
"(1A) If a business name is registered under this Act and a change occurs in—
(a)
an address that has been nominated as the postal address of the business; or
(b)
an address that has been nominated as the electronic mailing address of the business—
a statement in the form approved by the particulars and signed by one of the persons in relation to whom the business name is
Business Registration Acts (Amendment) Act 2000
s. 21
s. 22
Act No. 35/2000
registered must be lodged with the Director
specifying the new address.".
(2) In section 12 of the Business Names Act 1962—
(a)
in sub-section (1C), for "prescribed form signed by one of the persons in relation to whom the name is registered may" substitute "form approved by the Director signed by one of the persons in relation to whom the name is registered must";
(b)
at the end of sub-section (1C), insert "and any other prescribed particulars";
(c)
in sub-sections (1) and (2), for "prescribed form" substitute "form approved by the Director";
(d)
at the end of sub-sections (1) and (2), insert "and of any other prescribed particulars";
(e)
in sub-section (4), for "prescribed form" substitute "form approved by the Director containing the prescribed particulars,";
(f)
in sub-sections (3) and (5)(a), for "in the prescribed form" substitute "that is in the form approved by the Director and contains the prescribed particulars";
(g) in sub-section (6)—
(i) for "prescribed form" substitute "form approved by the Director";
(ii) after paragraph (b) insert— "(c) containing any other prescribed
particulars.";
(h)
in sub-section (7), for "prescribed form" substitute "form approved by the Director, containing the prescribed particulars and".
22. New section 15AB inserted
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000
After section 15A of the Business Names Act
1962 insert—
"15AB. Approval of special lodging arrangements
(1) Despite the requirements of this Act, the
Director, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of statements under this Act to a specified person or agent on behalf of a specified person or persons or class of persons.
(2) An approval may provide an exemption (or a
partial exemption) for the person or persons for or on behalf of whom the statements are lodged from specified provisions of this Act relating to the authentication or signature of statements and the lodging of statements.
(3) The Director may grant or refuse an approval
to a person who applies in writing for that
approval.
(4) The Director may vary or cancel an approval by written notice.
(5) The Director may impose any condition on
an approval under this section including a
condition that the Director will refuse to
accept a statement for lodgement unless he
or she is satisfied that all the persons
carrying on or proposing to carry on the
business to which the statements relate have
given written authorisation to the agent or
other person specified in the approval—
(a)
to sign copies of specified statements for or on behalf of the person or persons who would otherwise be
Business Registration Acts (Amendment) Act 2000
s. 23
s. 24Act No. 35/2000
required by or under this Act to sign the
statements;
(b) to lodge with the Director copies of specified statements for or on behalf of the person who would otherwise be required by or under this Act to lodge the statements. (6) The Director must note on the register details
of any authorisations required under sub-
section (5).
(7) A statement required to be lodged by a
person under this Act is deemed to be signed by the person or persons required to sign the statement if a copy of the statement is signed on the person's or persons' behalf by a person authorised in accordance with sub-section
(5) to sign the copy of the statement.(8) Sub-section (7) does not relieve any person
who would otherwise be required to sign the
statement from signing the original
statement.".
23. Lodgement of statements
(1) In section 15B(1) of the Business Names Act
1962, after paragraph (b) insert—
"(ba) if submitted in electronic form, is not readily
accessible by the Director so as to be useable
by the Director;".
(2) In section 15C(1) of the Business Names Act
1962, after "facsimile" insert "or electronic".
24. New sections 17 and 17A inserted
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000
For section 17 of the Business Names Act 1962
substitute—
"17. False and misleading statements(1) A person who, in a statement required by or
for the purposes of this Act or lodged with or
submitted to the Director or in a declaration
made under this Act, makes or authorizes the
making of a statement that to his or her
knowledge is false or misleading in a
material particular or omits or authorizes the
omission of any matter or thing without
which the statement required, lodged or
submitted is to his or her knowledge
misleading in a material respect, is guilty of
an offence and liable to a penalty not
exceeding 60 penalty units.
(2) A person who, in a statement required by or
for the purposes of this Act or lodged with or
submitted to the Director or in a declaration
made under this Act—
(a) makes or authorizes the making of a statement that is false or misleading in a material particular; or (b) omits or authorizes the omission of any matter or thing without which the statement required, lodged or submitted would be misleading— without having taken reasonable steps to ensure that the statement was not false or misleading or to ensure that the statement did not omit any matter or thing without
which the statement required, lodged or
submitted would be misleading, as the case
may be, is guilty of an offence and liable to a
penalty not exceeding 60 penalty units.
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 25 17A. Retention of records
If an agent or other person has lodged a copy
of a statement under this Act signed by
another person in accordance with an
approval under section 15AB, the agent or
person must ensure the original statement
signed by any person who is required to sign
the statement is kept so that it is able to be
produced readily to the Director for not less
than 7 years after the statement was lodged
with the Director.Penalty: 30 penalty units.".
25. Cancellation of registration
In section 19(1)(d) of the Business Names Act
1962, for "struck off any register of corporations
kept under the Companies (Victoria) Code"
substitute "deregistered under the CorporationsLaw".
26. Invitations to public
In section 26(2) of the Business Names Act 1962,
for "Companies Act 1961" substitute"Corporations Law".
27. Service of notices
After section 31(1)(b) of the Business Names Act
1962 insert—
"; or
(c)
if the Director and the person or persons in respect of whom the business name is registered have agreed to notices being sent to a postal address that appears on the register, at that postal address; or
Business Registration Acts (Amendment) Act 2000
| s. 28 | Act No. 35/2000 |
(d)
if the Director and the person or persons in respect of whom the business name is registered have agreed to notices being sent to an electronic mailing address that appears on the register, at that electronic mailing address.".
28. Regulations
(1) In section 32(1) of the Business Names Act 1962, after paragraph (dc) insert—
"(dd) provisions for the keeping of records of
statements required under this Act in any
form approved by the Director;".
(2) For section 32(1B) of the Business Names Act 1962 substitute—
"(1B) The regulations are subject to disallowance by a House of the Parliament.".
_______________
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 29
PART 4—CO-OPERATIVES
29. New sections 438A and 438B inserted
No. 84/1996. Reprint No. 1
After section 438 of the Co-operatives Act 1996 as at 1 December insert—
1998. Further amended by
"438A. Signing of documents Nos 37/1999 and 53/1999. (1) Despite any other provision of this Act if the Registrar is satisfied that it is not practicable to obtain the signature of a person required
by this Act to sign a document the Registrar
may accept the document without its being
signed by that person but the person is not
relieved of the requirement to sign the
document.(2) If a copy of a document has been received by
the Registrar for the purposes of lodgement
under this Act or the regulations made under
this Act, it is sufficient compliance with a
requirement for the document to be signed if
the original document is signed.
438B. Approval of special lodging arrangements
(1) Despite the requirements of this Act, the
Registrar, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of documents under this Act to a specified agent or person on behalf of a specified person or persons or class of persons.
(2) An approval may provide an exemption (or a
partial exemption) for the person or persons for or on behalf of whom the documents are lodged from specified provisions of this Act relating to the authentication or signature of documents and the lodging of documents.
Business Registration Acts (Amendment) Act 2000
| s. 29 | Act No. 35/2000 |
(3) The Registrar may grant or refuse an
approval to a person who applies in writing
for that approval.
(4) The Registrar may vary or cancel an approval by written notice.
(5) The Registrar may impose any condition on an approval under this section including a condition that the Registrar will refuse to accept a document for lodgement unless he
or she is satisfied that the board of the
co-operative or proposed co-operative has
given written authorisation to the agent orother person specified in the approval—
(a) for or on behalf of the person or
to sign copies of specified documents required by or under this Act to sign the documents;
(b) to lodge with the Registrar copies of specified documents for or on behalf of the person who would otherwise be required by or under this Act to lodge the documents. (6) The Registrar must note on the Register
details of any authorisations required under
sub-section (5).
(7) A document required to be lodged by a
person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is
signed on the person's or persons' behalf by a
person authorised in accordance with sub-
section (5) to so sign the copy of the
document.
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 30 (8) Sub-section (7) does not relieve any person
who would otherwise be required to sign the
document from signing the original
document.".
30. Method of lodgement
For section 439(1) of the Co-operatives Act
1996, after paragraph (e) insert—
"; or
(f)
if submitted in electronic form, is not readily accessible by the Registrar so as to be useable by the Registrar.".
31. New section 409A inserted
After section 409 of the Co-operatives Act 1996, insert—
"409A. Retention of records
If an agent or other person has lodged a copy of a document under this Act signed by the agent or other person in accordance with an approval under section 438B, the agent or person must ensure that the original document signed by the person who is required to sign the document is kept so that it is able to be produced readily to the Registrar for not less than 7 years after the document was lodged with the Registrar. Penalty: 30 penalty units.".
32. Correction of Register
After section 433(3) of the Co-operatives Act
1996 insert—"(4) The Registrar may correct any error or
omission in the Register by—
Business Registration Acts (Amendment) Act 2000
| s. 33 | Act No. 35/2000 |
(a) inserting an entry; or
(b) amending an entry; or(c) omitting an entry—
if he or she decides that the correction is
necessary.
(5) The Registrar must not omit an entry in the
Register unless satisfied that the whole of the entry was included in error.".
33. Regulations
In section 463(2) of the Co-operatives Act 1996,
after paragraph (c) insert—"(d) the keeping of records of documents required
under this Act in any form approved by the
Registrar.".
34. Statute law revision
In the Co-operatives Act 1996—
(a)
in section 4(1), in the definition of "deposit taking co-operative", for "permitted to" substitute "permitted";
(b)
in section 5(1) omit ", the person, in respect of that Act matter or thing";
(c)
in section 17(3)(a), for "include in" substitute "including";
(d)
in section 143(3) for "an merger" substitute "a merger";
(e)
in section 186(2), for "of the matter" substitute "the matter";
(f)
in section 197(2), at the end of paragraph (b) insert "and";
(g) in section 201, after "relation" insert "to";
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 34
(h) in section 263(2), at the end of paragraph (b) insert "and"; (i) in section 263(4), before "to a person" insert "(c)";
(j)
in section 301(2)(a), for "the each" substitute "each";
(k)
in section 337(1) for "apply to an" substitute "apply to and";
(l)
in section 359(3) for "to deal" substitute "deal";
(m)
in section 382(3), for "will be" substitute "will";
(n)
in clause 19(3) of Schedule 3, after "within" insert "which";
(o)
in clause 22(2) of Schedule 3, before "20 or 21(1)" insert "clause";
(p)
in clause 46(4) of Schedule 3, for "do not affect" substitute "does not affect";
(q)
in clause 15 of Schedule 4, before "A controller" insert "(1)";
_______________
Business Registration Acts (Amendment) Act 2000
| s. 35 | Act No. 35/2000 |
PART 5—PARTNERSHIPS
| No. 6330. | 35. Correction of Register |
| Reprint No. 5 | |
| as at | |
| 4 February | After section 57(3) of the Partnership Act 1958 |
| 1999. | insert— "(4) The Commissioner may correct any error or |
omission in the Register by—
(a) inserting an entry; or
(b) amending an entry; or(c) omitting an entry—
if he or she decides that the correction is
necessary.(5) The Commissioner must not omit an entry in the Register unless satisfied that the whole of the entry was included in error.".
36. New section 79 substituted
For section 79 of the Partnership Act 1958
substitute—
"79. False and misleading statements(1) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Commissioner or in a
declaration made under this Act, makes or
authorizes the making of a statement that to
his or her knowledge is false or misleading
in a material particular or omits or authorizes
the omission of any matter or thing without
which the statement is to his or her
knowledge misleading in a material respect,
is guilty of an offence and liable to a penaltynot exceeding 60 penalty units.
(2) A person who, in a document required by or
for the purposes of this Act or lodged with or
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 37 submitted to the Commissioner or in a
declaration made under this Act—
(a) makes or authorizes the making of a statement that is false or misleading in a material particular; or (b) omits or authorizes the omission of any matter or thing without which the statement would be misleading— without having taken reasonable steps to ensure that the statement was not false or misleading or to ensure that the statement did not omit any matter or thing without
which the document would be misleading, as
the case may be, is guilty of an offence and
liable to a penalty not exceeding 60 penaltyunits.".
37. New Part 4 (sections 79A to 79F) inserted
After section 79 of the Partnership Act 1958 insert—
"PART 4—GENERAL REQUIREMENTS
79A. Signing of documents
(1) Despite any other provision of this Act if the
Commissioner is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a
document the Commissioner may accept the
document without its being signed by that
person but the person is not relieved of the
requirement to sign the document.(2) If a copy of a document has been received by the Commissioner for the purposes of
Business Registration Acts (Amendment) Act 2000
| s. 37 | Act No. 35/2000 |
lodgement under this Act or the regulations
made under this Act, it is sufficient
compliance with a requirement for the
document to be signed if the originaldocument is signed.
79B. Lodgment of documents
A document is not to be taken to have been lodged under this Act or the regulations unless the prescribed fee (if any) has been paid.
79C. Method of lodgment
(1) Subject to section 79B, it is sufficient
compliance with a requirement under this Act or the regulations that a document be lodged with the Commissioner if the
Commissioner receives a copy of the document by facsimile or electronic transmission.
(2) If the Commissioner receives from a person a copy of a document under sub-section (1), the Commissioner may require that person to
produce and lodge the original within the
time specified by the Commissioner.
(3) If the person does not comply with a
requirement of the Commissioner within the specified time, the person is to be taken not to have lodged the document.
79D. Approval of special lodging arrangements
(1) Despite the requirements of this Act, the
Commissioner, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of documents under this Act to a specified agent or person on behalf of a specified person or persons or class of persons.
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 37 (2) An approval may provide an exemption (or a
partial exemption) for the person or persons for or on behalf of whom the documents are lodged from specified provisions of this Act relating to the authentication or signature of documents and the lodging of documents.
(3) The Commissioner may grant or refuse an
approval to a person who applies in writing
for that approval.
(4) The Commissioner may vary or cancel an approval by written notice.
(5) The Commissioner may impose any
condition on an approval under this section
including a condition that the Commissioner
will refuse to accept a document for
lodgement unless the Commissioner is
satisfied that all the partners in the
partnership have given written authorisation
to the agent or other person specified in the
approval—
(a) for or on behalf of the person or
to sign copies of specified documents required by or under this Act to sign the documents;
(b)
to lodge with the Commissioner copies of specified documents for or on behalf of the person who would otherwise be
required by or under this Act to lodge
the documents.
Business Registration Acts (Amendment) Act 2000
| s. 37 | Act No. 35/2000 |
(6) The Commissioner must note on the Register
details of any authorisations required under
sub-section (5).
(7) A document required to be lodged by a
person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is
signed on the person's or persons' behalf by a
person authorised in accordance with sub-
section (5) to so sign the copy of the
document.(8) Sub-section (7) does not relieve any person
who would otherwise be required to sign the
document from signing the original
document.
79E. Retention of records
If an agent or other person has lodged a copy
of a document under this Act signed by the
agent or other person in accordance with an
approval under section 79D, the agent or
person must ensure that the original
document signed by the person who is
required to sign the document is kept so that
it is able to be produced readily to the
Commissioner for not less than 7 years after
the document was lodged with the
Commissioner.
Penalty: 30 penalty units.79F. Power of Commissioner to refuse to register or reject documents
(1) The Commissioner may refuse to register or
may reject a document submitted to the
Commissioner if the Commissioner
considers that the document—
(a) contains matter contrary to law; or
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 38
(b) contains matter, that in a material particular, is false or misleading in the form or context in which it is included; or (c) by reason of an omission or completed; or
(d) does not comply with the requirements of this Act; or (e) contains any error, alteration or erasure; or (f) if submitted in electronic form, is not readily accessible by the Commissioner so as to be useable by the Commissioner. (2) If the Commissioner refuses to register or
rejects a document under sub-section (1), the
Commissioner may request—
(a)
that the document be appropriately amended; or
(b)
that a fresh document be submitted in its place; or
(c)
if the document has not been duly completed, that a supplementary document in the form approved by the Commissioner be submitted.".
38. Regulations
In section 80(2) of the Partnership Act 1958,
after "respect to" insert—"—
(a)
the keeping of records of documents required under this Act in any form approved by the Commissioner; and
Business Registration Acts (Amendment) Act 2000
| s. 38 | Act No. 35/2000 |
(b)
creating penalties for offences not exceeding 5 penalty units; and
(c) ".
_______________
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 39
PART 6—CHANGE OF REFERENCES TO DIRECTOR OF
FAIR TRADING
39. New section 98 substituted in Fair Trading Act 1999
For section 98 of the Fair Trading Act 1999
substitute—
"98. Director of Consumer and Business AffairsThere is to be a Director of Consumer and Business Affairs employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
40. Consequential amendments to Fair Trading Act 1999
(1) In section 1(f) of the Fair Trading Act 1999 for
"Director of Fair Trading" substitute "Director of
Consumer and Business Affairs".
(2) In section 3 of the Fair Trading Act 1999—
(a)
in the definition of "Director" for "Director of Fair Trading" substitute "Director of Consumer and Business Affairs";
(b) insert the following definition—
' "Consumer Act" means an Act listed in
Schedule 1;';
(c) the definition of "OFTBA Act" is repealed. (3) In sections 117, 125, 130 and 146 of the Fair
Trading Act 1999 for "OFTBA Act" (wherever occurring) substitute "Consumer Act".
(4) In section 140(2) of the Fair Trading Act 1999 omit "at the Office of Fair Trading and Business Affairs".
Business Registration Acts (Amendment) Act 2000
| s. 41 | Act No. 35/2000 |
(5) In Schedule 1 to the Fair Trading Act 1999—
(a) for "OFTBA ACTS" substitute
"CONSUMER ACTS";(b) omit "Finance Brokers Act 1969".
41. New clauses 6 and 7 inserted in Schedule 3 of Fair Trading Act 1999
After clause 5 of Schedule 3 to the Fair Trading
Act 1999 insert—"6. Superseded references to Director of Fair
Trading and Office of Fair Trading and
Business AffairsOn the commencement of section 39 of the Business Registration Acts (Amendment) Act 2000, in any Act (other than this Act), or
in any instrument made under any Act or in
any other document of any kind—
(a)
a reference to the Director of Fair Trading is deemed to be a reference to the Director of Consumer and Business Affairs; and
(b)
a reference to the Office of Fair Trading or the Office of Fair Trading and Business Affairs is deemed to be a reference to Consumer and Business Affairs Victoria in the Department of Justice.
7. Actions commenced by Director
(1) Any act matter or thing of a continuing
nature commenced under any Act or
regulation by or against or in relation to the
Director of Fair Trading and existing
immediately before the commencement of
section 39 of the Business Registration
Acts (Amendment) Act 2000 may be
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 42 continued and completed on and after that commencement by or against or in relation to the Director of Consumer and Business Affairs.
(2) If, immediately before the commencement of
section 39 of the Business Registration to which the Director of Fair Trading was a party were pending or existing in any court or tribunal, then, on and after that commencement, the Director of Consumer and Business Affairs is substituted for the Director of Fair Trading as a party to the proceedings and has the same rights and obligations in the proceedings as the Director of Fair Trading had.".
42. Building Act 1993
In sections 137B(4) and 137B(5) of the Building
Act 1993 for "Director of Fair Trading"
substitute "Director of Consumer and BusinessAffairs".
43. Business Names Act 1962
In section 22(4) of the Business Names Act 1962
for "at the Office of Fair Trading and BusinessAffairs" substitute "with the Director".
44. Co-operative Housing Societies Act 1958
In section 72B(2)(c) of the Co-operative Housing
Societies Act 1958 for sub-paragraph (iv)
substitute—"(iv) the Director of Consumer and Business
Affairs; or".
45. Credit (Administration) Act 1984
In the Credit (Administration) Act 1984—
Business Registration Acts (Amendment) Act 2000
| s. 46 | Act No. 35/2000 |
(a) in section 4 insert the following definition— ' "Consumer Act" has the same meaning as it has in the Fair Trading Act 1999;'; in section 4 the definition of "OFTBA Act" is repealed;
(b) (c)
in sections 24(1) and 31 for "OFTBA Act" (wherever occurring) substitute "Consumer Act";
(d)
in section 24(2) for "the Office of Fair Trading and Business Affairs" substitute "an office of the Director".
(e)
in section 41(2) omit "at the Office of Fair Trading and Business Affairs".
46. Estate Agents Act 1980
In section 11(1) of the Estate Agents Act 1980
for paragraph (d) substitute—"(d) any person or class of person employed
under Part 3 of the Public Sector
Management and Employment Act 1998in the administration of this Act; or".
47. Motor Car Traders Act 1986
In the Motor Car Traders Act 1986—
(a) in section 3(1) insert the following ' "Consumer Act" has the same meaning as
it has in the Fair Trading Act 1999;';
(b) in section 3(1) the definition of "OFTBA Act" is repealed; (c) in sections 82AE(1) and 82AL for "OFTBA "Consumer Act";
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 48
(d) in section 82AE(2) for "the Office of Fair Trading and Business Affairs" substitute "an office of the Director". (e) in section 82AV(2) omit "at the Office of Fair Trading and Business Affairs"; (f) in section 89A for paragraph (d) "(d) any person or class of person employed
under Part 3 of the Public Sector Management and Employment Act 1998 in the administration of this
Act—".
48. Petroleum Retail Selling Sites Act 1981
In section 4(9) of the Petroleum Retail Selling
Sites Act 1981 for "Director of Fair Trading"
substitute "Director of Consumer and BusinessAffairs".
49. Prostitution Control Act 1994
In the Prostitution Control Act 1994—
(a)
in section 3 insert the following definition— ' "the Director " means the Director within
the meaning of the Fair Trading Act
1999;';
(b)
in section 3 the definition of "Director of Fair Trading" is repealed;
(c)
in section 24(3) for "Director of Fair Trading" substitute "Director";
(d)
in the heading to Division 2 of Part 3 for "Director of Fair Trading" substitute "Director";
(e)
in sections 26, 27, 36, 40, 48, 52AA, 54, 55, 61F, 61G, 61I, 61J, 61K, 61L, 61P, 61U,
Business Registration Acts (Amendment) Act 2000
| s. 50 | Act No. 35/2000 |
61Z and 62 for "Director of Fair Trading"
(wherever occurring) substitute "Director";
(f) in section 27 for paragraph (d) substitute— "(d) any person or class of person employed under Part 3 of the Public Sector Management and Employment Act 1998 in the administration of this
Act—".
(g) in section 61A insert the following ' "Consumer Act" has the same meaning as
it has in the Fair Trading Act 1999;';
(h) in section 61A the definition of "OFTBA Act" is repealed; (i) in section 61H(2) for "the Office of Fair Trading and Business Affairs" substitute "an office of the Director";
(j)
in sections 61H and 61O for "OFTBA Act" (wherever occurring) substitute "Consumer Act".
(k)
in section 61Y omit "at the Office of Fair Trading and Business Affairs".
50. Residential Tenancies Act 1997
In the Residential Tenancies Act 1997—
(a) for the heading to Division 1 of Part 12 substitute— "Division 1—Director of Consumer and
Business Affairs";
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 s. 51
(b) in section 499(1) for paragraph (e) "(e) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998 in theadministration of this Act; or".
(c) in section 508(1) for paragraph (b) "(b) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998 in theadministration of this Act; or".
51. Second-Hand Dealers and Pawnbrokers Act 1989
In section 28 of the Second-Hand Dealers and
Pawnbrokers Act 1989 for paragraph (b)
substitute—"(b) any person or class of person employed
under Part 3 of the Public Sector
Management and Employment Act 1998in the administration of this Act—".
52. Travel Agents Act 1986
In the Travel Agents Act 1986—
(a) in section 3(1) insert the following ' "Consumer Act" has the same meaning as
it has in the Fair Trading Act 1999;';
(b)
in section 3(1) the definition of "OFTBA Act" is repealed;
(c)
in section 39G(2) for "the Office of Fair Trading and Business Affairs" substitute "an office of the Director";
(d)
in section 39X omit "at the Office of Fair Trading and Business Affairs";
Business Registration Acts (Amendment) Act 2000
| s. 53 | Act No. 35/2000 |
(e) in sections 39G and 39N for "OFTBA Act" (wherever occurring) substitute "Consumer Act"; (f) in section 47B for paragraph (d) "(d) any person or class of person employed
under Part 3 of the Public Sector Management and Employment Act 1998 in the administration of this
Act—".
53. Victorian Civil and Administrative Tribunal Act 1998
In clause 8(1) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998 for
paragraph (b) substitute—"(b) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998 in the administration
of the Credit Act 1984 or the ConsumerCredit (Victoria) Code; or".
═══════════════
Business Registration Acts (Amendment) Act 2000
Act No. 35/2000 Notes
NOTES
†
Minister's second reading speech—
Legislative Council: 2 May 2000
Legislative Assembly: 23 May 2000
The long title for the Bill for this Act was "to amend the Associations
Incorporation Act 1981, the Business Names Act 1962, the
Co-operatives Act 1996 and the Partnership Act 1958 to facilitate
electronic service delivery for registration services provided under those
Acts, to make other miscellaneous amendments to those Acts and to
amend the Fair Trading Act 1999 and other Acts and for other
purposes."
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