A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1)

Administered by Department of the Treasury

Legislation au F2012L01021 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 70

Issued by authority of the Assistant Treasurer

A New Tax System (Australian Business Number) Act 1999

A New Tax System (Australian Business Number) Amendment Regulation 2012
(No. 1)

Section 31 of the A New Tax System (Australian Business Number) Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 5(a) of the A New Tax System (Australian Business Number) Regulations 1999 (the Principal Regulations) prescribes details which the Registrar of the Australian Business Register (the Registrar) must enter onto the Australian Business Register (ABR) for each entity with an Australian Business Number (ABN).

The purpose of this Regulation is to amend the Principal Regulations to implement changes associated with the transferring of business names from the States’ and Territories’ business names registers to the new national Business Names Register (BNR), in accordance with the new Commonwealth business name registration legislation, and specifically Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

The previous regulations required the Registrar to enter onto the ABR either the business name registered to the entity under the law of a State or Territory, or where not registered, the name used for business purposes by that entity.

This Regulation firstly provides for a transitional period.  This transitional period lasts for 12 months beginning from the commencement of Part 2 of the Business Names Registration Act 2011.  During this transitional period, the Registrar is required to enter onto the ABR either the business name registered to the entity on the BNR, or where not registered, the name relating to that entity on the ABR immediately prior to the beginning of the transitional period.

The Regulation subsequently, on the first anniversary of the commencement of Part 2 of the Business Names Registration Act, requires the Registrar to enter only any business name registered to the entity on the BNR.

 

 

 

 

As this is a minor machinery change, no public consultation was undertaken, however, consultation was undertaken with the Australian Business Register and the Australian Taxation Office.  Public consultation for the wider National Business Names Registration Package was undertaken on two occasions prior to the introduction of related legislation into Parliament.  The text of all elements of this legislative package was negotiated with State and Territory officials over a period of more than one year. The Bills were also approved by the Ministerial Council for Corporations before introduction.

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Details of the Regulation are set out in the Attachment.

The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Schedule 1 of the Regulation commences at the same time as Part 1 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011.  Schedule 2 of the Regulation commences at the same time as Part 2 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011.


ATTACHMENT

Details of the A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1)

Section 1 – Name of Regulation

This section provides that the title of the Regulation is the A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1)

Section 2 – Commencement

This section provides for sections 1 to 3 to commence on the day the Regulation is registered.

This section provides for Schedule 1 of the Regulation to commence at the same time as Part 1 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011. 

This section provides for Schedule 2 of the Regulation to commence at the same time as Part 2 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

Section 3 – Amendment of A New Tax System (Australian Business Number) Regulations 1999

This section provides that the A New Tax System (Australian Business Number) Regulations 1999 (the Principal Regulations) are amended as set out in the Schedule.

Schedule 1 – Amendment to commence on Part 1 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011

Item [1] – paragraph 5(a)

Paragraph 5(a) of the Principal Regulations requires that the Registrar must enter onto the ABR either the business name registered to the entity under the law of a State or Territory or, where not registered, the name used for business purposes by that entity.  This item removes that requirement and instead requires that the Registrar must enter either any business name registered to the entity on the Business Names Register (BNR), or if not registered, the name relating to the entity on the Australian Business Register (ABR), immediately before the commencement of Part 2 of the Business Names Registration Act 2011.


Schedule 2 – Amendment to commence on Part 2 of Schedule 2 of the Business Names Registration (Transitional and Consequential Provisions) Act 2011

Item [2] – paragraph 5(a)

Following the commencement of Item 1, Paragraph 5(a) of the Principal Regulations would require that the Registrar must enter either any business name registered to the entity on the BNR, or, if a business name is not registered to the entity, the name relating to the entity on the ABR, immediately before commencement of Part 2 of the Business Names Registration Act 2011.  This item removes that requirement and instead requires that the Registrar must enter only any business name registered to the entity on the BNR.

Overview

The A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1) was enacted to address the need for a smooth transition in the registration of business names from the state and territory business names registers to the new national Business Names Register, as established under the Commonwealth business name registration legislation. The regulation, issued under section 31 of the A New Tax System (Australian Business Number) Act 1999, was developed to implement changes required by the Business Names Registration (Transitional and Consequential Provisions) Act 2011. The enacting body was the Governor-General, who exercised the power to make regulations necessary for carrying out or giving effect to the Act. The policy objective of this regulation was to ensure a seamless shift in the administration of business names to the new national register, thereby enhancing the efficiency and uniformity of business registration processes across Australia. The regulation introduced a transitional period during which the Registrar of the Australian Business Register could still enter business names registered under state or territory laws, before ultimately requiring the entry of only those business names registered on the new national Business Names Register.

Scope and Application

The A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1) amends the A New Tax System (Australian Business Number) Regulations 1999 to facilitate the transition to the new national Business Names Register (BNR), established under the Business Names Registration Act 2011. This regulation applies to entities with an Australian Business Number (ABN) as listed in the Australian Business Register (ABR). During a transitional period of 12 months, the Registrar of the Australian Business Register must enter either the business name registered to the entity on the BNR or, if not registered, the name relating to the entity on the ABR immediately prior to the commencement of Part 2 of the Business Names Registration Act 2011. After this transitional period, the Registrar is required to enter only any business name registered to the entity on the BNR. This change aligns with the national business name registration legislation, ensuring a smooth transition from state and territory business names registers to the new BNR. The Regulation applies nationally across Australia and is compatible with human rights and freedoms as declared in relevant international instruments.

Key Provisions

The A New Tax System (Australian Business Number) Amendment Regulation 2012 (No. 1) primarily modifies the A New Tax System (Australian Business Number) Regulations 1999 (the Principal Regulations) to align with the new national Business Names Register (BNR) established by the Business Names Registration Act 2011. Section 31 of the A New Tax System (Australian Business Number) Act 1999 empowers the Governor-General to issue these regulations, and Paragraph 5(a) of the Principal Regulations specifies the details the Registrar of the Australian Business Register (ABR) must enter for each entity with an Australian Business Number (ABN). The Regulation introduces a transitional period lasting 12 months, starting from the commencement of Part 2 of the Business Names Registration Act 2011. During this period, the Registrar is required to enter either the business name registered to the entity on the BNR or, if not registered, the name relating to the entity on the ABR as it stood immediately before the transitional period began. After this period, the Regulation mandates that the Registrar must enter only any business name registered to the entity on the BNR. The Regulation imposes specific obligations on the Registrar concerning the data to be entered into the ABR during the transitional period and thereafter. Under the amended regulations, the Registrar must ensure that the business names entered into the ABR reflect the status of registration on the BNR. This involves a detailed review and update process to ensure that all business names are correctly recorded according to the new legislative framework. The Registrar is also tasked with maintaining the integrity and accuracy of the ABR by promptly updating entries in accordance with the new requirements. Breaches of the obligations set out in the Regulation could lead to administrative consequences. Although the specific penalties are not detailed in the Explanatory Statement, under the general provisions of the A New Tax System (Australian Business Number) Act 1999, failure to comply with the Act or the regulations could result in civil or criminal penalties. For civil penalties, the Act provides for fines up to $2,100 for individuals and $10,500 for bodies corporate, with additional penalties for continued non-compliance. Criminal penalties may also apply, including fines of up to $12,600 for individuals and $63,000 for bodies corporate, along with potential imprisonment terms for serious or repeated breaches. These penalties underscore the importance of adhering to the regulatory requirements to avoid significant legal and financial repercussions.

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