Business Names Registration (Fees) Regulations 2022

Administered by Department of the Treasury

Legislation au F2022L00349 Regulations In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Superannuation, Financial Services and the Digital Economy

Business Names Registration (Fees) Act 2011

Business Names Registration (Fees) Regulations 2022

The Business Names Registration (Fees) Act 2011 (the Act) imposes, as taxes, fees for things done under the Business Names Registration Act 2011 which largely relate to the registration of business names and applications for information on the business name register.

Section 7 of 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.

Section 50 of the Legislation Act 2003 provides that all legislative instruments, other than exempt instruments, are repealed on the first 1 April or 1 October falling on or after the tenth anniversary of registration of the instrument in a process known as sunsetting. The Business Names Registration (Fees) Regulations 2011 (2011 Regulations) are due to sunset and be automatically repealed on 1 April 2022. Legislative instruments generally cease to have effect after a specific date unless further action is taken to extend their operation, such as remaking the instrument. The Business Names Registration (Fees) Regulations 2022 (the Regulations) would remake the 2011 Regulations without any substantive changes.

The Regulations prescribe the fees for chargeable matters under the Act. The Regulations support the imposition of fees for the registration and renewal of business name registrations consistent with the Intergovernmental Agreement for Business Names, entered into between the Commonwealth and the States and Territories, which provides that such fees should be commensurate with the total costs involved in setting up and administering the national business names registration system.

The Regulations prescribe fees for chargeable matters under the Act for the part of the financial year beginning 1 July 2021 after the Regulations commence and the continued operation of the indexation method applied to index the fees for subsequent years.

Public consultation was undertaken on the draft Regulations which continue to apply the existing fees and indexation method without changes. Additionally, targeted consultation was undertaken with the Australian Securities and Investments Commission. No changes arose from the consultations. Minor drafting amendments were made for consistency with current drafting conventions, but these changes do not affect the fees applied or the indexation method.

Details of the Regulations are set out in Attachment A.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commenced on 1 April 2022.

Prior to the making of the Regulations and in accordance with the Office of Best Practice Regulation’s Guidance Note on sunsetting instruments, the Department of the Treasury self-assessed that the 2011 Regulations were operating effectively and efficiently, and therefore a Regulation Impact Statement was not required (OBPR reference ID number OBPR22-01600). This assessment was informed by the public consultation on the exposure draft Regulations.

A statement of Compatibility with Human Rights is at Attachment B.

ATTACHMENT A

Details of the Business Names Registration (Fees) Regulations 2022

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the Regulations is the Business Names Registration (Fees) Regulations 2022 (the Regulations).

Section 2 – Commencement

Schedule 1 to the Regulations commenced on 1 April 2022.

Section 3 – Authority

The Regulations are made under the Business Names Registration (Fees) Act 2011 (the Act).

Section 4 – Schedules

This section provides that each instrument that is specified in the Schedules to this instrument will be amended or repealed as set out in the applicable items in the Schedules, and any other item in the Schedules to this instrument has effect according to its terms.

Section 5 – Definitions

This section defines terms that are used in the Regulations.

Part 2 – Fees for chargeable matters ­

Section 6 – Prescribed Fees

This section prescribes the fees that are imposed for chargeable matters for the purposes of section 4 of the Act. A chargeable matter is broadly where a fee applies for making an application for registration of a business name or an application for an extract from the register.

This section also provides that the fees are to be indexed annually in line with the All Groups Consumer Price Index (weighted average of the eight capital cities) as published by the Australian Statistician. Under the indexation method annual indexation is calculated by multiplying the fee to be indexed by the Consumer Price Index number for the March quarter immediately preceding the financial year for which indexation is being applied and dividing the result by the Consumer Price Index number for the March quarter that is two financial years before the financial year for which indexation is being applied.

Part 3 – Transitional and application provisions

Section 7 – Saving provision: amounts payable before commencement

This section provides transitional arrangements that provide that the 2011 Regulations continue to apply in relation to amounts that were payable before the commencement of the Regulations, as if the repeal had not happened.

Schedule 1 – Repeals

Business Names Registration (Fees) Regulations 2011Items 1 repeals the Business Names Registration (Fees) Regulations 2011.

 


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Business Names Registration (Fees) Regulations 2022

This Legislative Instrument 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.

Overview of the Legislative Instrument

The Business Names Registration (Fees) Regulations 2022 prescribe fees for chargeable matters under the Business Names Registration (Fees) Act 2021 for the financial year beginning 1 July 2021 and the indexation mechanism for subsequent years.

These Regulations continue to impose the existing fees and indexation method without material changes after the sunsetting of the Business Names Registration (Fees) Regulations 2011 on 1 April 2022.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Business Names Registration (Fees) Regulations 2022 were introduced to continue the regulation of fees for the registration of business names under the Business Names Registration (Fees) Act 2011. These regulations, enacted by the Parliament of Australia, aim to maintain the existing fees structure and indexation method without substantive changes, ensuring the consistent application of fees in line with the costs of administering the national business names registration system. The regulations support the Intergovernmental Agreement for Business Names by setting fees that are commensurate with the total costs involved in setting up and administering the system. Public consultation was undertaken, and no changes were proposed following the consultation process, resulting in minor drafting amendments for consistency without altering the fee structure or indexation method. The regulations commenced on 1 April 2022, replacing the previous Business Names Registration (Fees) Regulations 2011, which were set to expire under the sunsetting provisions of the Legislation Act 2003.

Scope and Application

The Business Names Registration (Fees) Act 2011 applies to all entities and individuals required to register a business name under the Business Names Registration Act 2011, establishing a structured fee system for such registrations and related applications. The Act, which is of Commonwealth scope, ensures that fees are imposed in line with the costs associated with administering the national business names registration system, as agreed upon in the Intergovernmental Agreement for Business Names. The Act ensures that fees for chargeable matters, including the registration and renewal of business names, are consistent and proportionate. The Business Names Registration (Fees) Regulations 2022, which commenced on 1 April 2022, prescribe these fees and the method for annual indexation, continuing the existing fee structure without substantive changes. The Regulations, made under section 7 of the Act, apply to the chargeable matters defined therein and provide transitional arrangements for fees payable before their commencement, ensuring continuity in fee application.

Key Provisions

The Business Names Registration (Fees) Regulations 2022, which were issued under the Business Names Registration (Fees) Act 2011, set out the fees for various activities related to the registration and maintenance of business names. Section 6 of the Regulations (paragraph 2.6) specifies the fees that are to be imposed for chargeable matters, which include applications for the registration of a business name or for an extract from the register. These fees are to be indexed annually using the All Groups Consumer Price Index (weighted average of the eight capital cities) as published by the Australian Statistician. The indexation method used involves multiplying the fee by the Consumer Price Index number for the March quarter immediately preceding the financial year for which indexation is being applied and dividing by the Consumer Price Index number for the March quarter two financial years prior (paragraph 2.6). The Regulations impose obligations on individuals and entities to pay the prescribed fees for chargeable matters as per Section 6 (paragraph 2.6). This means that any person or entity that applies for the registration of a business name or requests an extract from the business names register must pay the fee specified in the Regulations. The Regulations also require that these fees are updated annually in line with inflation, ensuring that the fees remain commensurate with the costs involved in administering the business names registration system. Section 7 (paragraph 2.7) of the Regulations provides that if fees were payable before the Regulations commenced, the previous fees continue to apply as if the repeal of the 2011 Regulations had not occurred. Any failure to comply with the fee payment requirements outlined in the Regulations can result in civil or criminal penalties. While the specific penalties for non-payment or incorrect payment of fees are not detailed in the explanatory statement, it is reasonable to infer that such breaches could lead to enforcement actions by the relevant authorities. Additionally, the Act itself may provide for specific penalties, which could include fines or other legal consequences for non-compliance. The Regulations do not specify these penalties but they are likely to be in line with other similar legislative instruments. In summary, the Business Names Registration (Fees) Regulations 2022 establish the fees for activities related to business names and provide for annual indexation of these fees. They impose an obligation on applicants and registrants to pay these fees and failure to do so may result in civil or criminal penalties as outlined in the overarching Act.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees for Chargeable Matters
Indexation Method
Transitional Provisions

Interactions

Authorises

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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.