Business Names Registration (Fees) Act 2011

Administered by Department of the Treasury

Legislation au C2011A00128 In force Act

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No. 128, 2011

Compilation No. 1

Compilation date: 22 June 2022

Includes amendments up to: Act No. 66, 2020

Registered: 27 June 2022

This compilation was rectified to take into account a retrospective amendment made by Act No. 66, 2020 (as amended by Act No. 35, 2022). The original compilation is available in the rectification history on the Federal Register of Legislation.

About this compilation

This compilation

This is a compilation of the Business Names Registration (Fees) Act 2011 that shows the text of the law as amended and in force on 22 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Definitions

4 Imposition of fees for chargeable matters

5 Matters relating to amount of fees

6 Different fees for electronic compliance in relation to a chargeable matter

7 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose, as taxes, fees for things done under the Business Names Registration Act 2011, and for related purposes

1 Short title

This Act may be cited as the Business Names Registration (Fees) Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	3 November 2011
2. Sections 3 to 7	At the same time as section 3 of the Business Names Registration Act 2011 commences.	20 April 2012

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Definitions

(1) In this Act:

chargeable matter means any of the following under the Business Names Registration Act 2011 or the Business Names Registration (Transitional and Consequential Provisions) Act 2011:

(a) a registration of a business name to an entity;

(b) a renewal of the registration of a business name to an entity;

(2) Other expressions used in this Act that are defined in the Business Names Registration Act 2011 have the same meanings as they have in that Act.

4 Imposition of fees for chargeable matters

(1) Subject to section 5, the regulations may prescribe fees for chargeable matters.

(2) The fees prescribed by the regulations for chargeable matters are imposed, and are so imposed as taxes.

(3) Two or more fees may be prescribed for the same chargeable matter.

5 Matters relating to amount of fees

(1) The regulations may prescribe a fee for a chargeable matter:

(a) by specifying an amount (not exceeding $10,000) as the fee; or

(b) by specifying a method for calculating the amount of the fee.

Note: The limitation in paragraph (a) applies separately to each fee imposed if more than one fee is prescribed for the same chargeable matter (see subsection 4(3)).

(2) The fee for a chargeable matter need not bear any relationship to the cost of providing any service that forms part of, or is related to, that matter.

(3) The fee, or the sum of the fees, for a chargeable matter must not exceed $50,000.

6 Different fees for electronic compliance in relation to a chargeable matter

Without limiting sections 4 and 5, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to whether the matter is complied with by electronic means.

7 Regulations

The Governor‑General may make regulations for the purposes of sections 4, 5 and 6.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Business Names Registration (Fees) Act 2011	128, 2011	3 Nov 2011	s 3–7: 20 Apr 2012 (s 2(1) item 2) Remainder: 3 Nov 2011 (s 2(1) item 1)
Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020	66, 2020	22 June 2020	Sch 1: awaiting commencement (s 2(1) item 2)	Sch 1 (items 2, 3)
as amended by
Treasury Laws Amendment (2022 Measures No. 1) Act 2022	35, 2022	9 Aug 2022	Sch 4 (Pt 1, item 1): 21 June 2022 (s 2(1) item 5) Sch 4 (item 11): 10 Aug 2022 (s 2(1) item 6)	—

Endnote 4—Amendment history

Provision affected	How affected
s 3.....................	am No 66, 2020

Overview

The Business Names Registration (Fees) Act 2011 was enacted to address the need for a structured approach to the imposition of fees related to business names registration under the Business Names Registration Act 2011. This Act was introduced by the Parliament of Australia to ensure that the fees for various chargeable matters such as the registration of a business name, renewal of registration, and applications for extracts from the Business Names Register are imposed in a systematic and regulated manner. The policy objective of this Act is to allow the government to impose these fees as taxes and to provide flexibility in setting these fees, either by specifying a fixed amount or by setting a method for calculating the fee, with certain constraints to ensure fairness and predictability in the fee structure. The Act empowers the Governor-General to make regulations for the imposition of fees, including the ability to set different fees based on whether compliance is achieved electronically or not. This regulatory framework supports the efficient administration of business names registration while generating revenue to support the associated costs. The enactment of this Act ensures that the fees are not only a source of revenue but also a tool for managing the administrative burden and promoting compliance with business registration requirements.

Scope and Application

The Business Names Registration (Fees) Act 2011 applies to the imposition of fees for various chargeable matters under the Business Names Registration Act 2011 and the Business Names Registration (Transitional and Consequential Provisions) Act 2011. These chargeable matters include the registration and renewal of a business name to an entity, as well as applications for extracts from the Business Names Register. The Act applies on a national level, given that it is Commonwealth legislation. The fees for these chargeable matters are imposed as taxes, and the regulations under this Act can specify different fees based on whether the matter is complied with electronically. The Act allows for fees to be set either by a specific amount, not exceeding $10,000 for a single fee or $50,000 in total for a chargeable matter, or by a method of calculation. The Governor-General has the authority to make regulations for the purposes of prescribing fees under this Act. Certain provisions of the Act commenced on the date of Royal Assent, while others commenced on 20 April 2012, the same time as the commencement of section 3 of the Business Names Registration Act 2011. There are no specific exclusions, exemptions, or thresholds mentioned in the Act itself, although subordinate regulations may provide further details on these aspects.

Key Provisions

The Business Names Registration (Fees) Act 2011 (the "Act") serves to impose fees for certain activities under the Business Names Registration Act 2011, and outlines the regulatory framework for these fees. The Act applies to chargeable matters as defined in section 3, which include the registration of a business name to an entity, the renewal of such registration, and applications for an extract of the Business Names Register. Section 4 of the Act allows the regulations to prescribe fees for these chargeable matters, which are imposed as taxes. Section 5 specifies the permissible fee amounts, with a maximum fee of $50,000 for any given chargeable matter, either by a fixed amount not exceeding $10,000 or by a method of calculation. It is noteworthy that the fee does not need to correlate with the cost of providing the service. Under the Act, the regulations have the discretion to set different fees based on whether compliance with a chargeable matter is achieved electronically or otherwise, as outlined in section 6. The Act also empowers the Governor-General to make regulations for the purposes outlined in sections 4, 5, and 6. The Governor-General's regulatory power ensures that the Act can be adapted to changing circumstances and the evolving nature of business registration practices. The Act imposes specific obligations on the entities required to pay the fees. These entities must comply with the fee structures as prescribed by the regulations, and they must ensure that the requisite fees are paid for each chargeable matter. Failure to adhere to the fee payment requirements may lead to complications in business operations, such as delays in registration renewals or difficulties in obtaining extracts from the Business Names Register. While the Act does not explicitly enumerate offences or penalties for non-payment or underpayment of fees, the imposition of fees as taxes under section 4 suggests that non-compliance could lead to civil or criminal consequences under the broader tax laws of Australia. The penalties for such non-compliance could include fines and, in severe cases, imprisonment, depending on the jurisdiction and the specific nature of the breach. The exact penalties would be determined by the applicable tax laws and would not be limited to the provisions of the Act itself.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Imposition of fees for chargeable matters; Matters relating to amount of fees; Different fees for electronic compliance in relation to a chargeable matter; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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