Business Names Registration Act 2011 (Cth)

Business Names Registration Act 2011

No. 126, 2011

Compilation No. 8

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Business Names Registration Act 2011 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1—Preliminary Division 1—Introduction 1 Short title 2 Commencement Division 2—Definitions 3 Dictionary 4 Business 5 Entities 6 Notified State/Territory registers 6A Meaning of Registrar Division 3—Constitutional basis and application of this Act and the Transitional Act 7 Constitutional basis for this Act and the Transitional Act 8 Meaning of referring/adopting State 9 Meaning of referred business names matter 10 General application of this Act and the Transitional Act 11 Government bodies not liable to prosecution Division 4—Interaction between business names legislation and State and Territory laws 12 Concurrent operation intended 13 When business names legislation does not apply 14 Avoiding direct inconsistency between Commonwealth and State and Territory laws 15 Regulations to deal with interaction between laws Division 5—Objects of this Act and consequences of registration 16 Objects of this Act 17 Consequences of registration of a business name Part 2—Offences relating to business names 18 Offence—carrying on a business under an unregistered business name 19 Offence—must include business name in written communications 20 Offence—must display business name at places open to public 21 Offence—carrying on a business under a business name while disqualified Part 3—Registering a business name 22 The Business Names Register 23 Application to register a business name 24 Decision to register a business name to an entity 25 Is a business name available to an entity? 26 Identical or nearly identical names 27 Undesirable names 28 Restricted words and expressions 29 Priority 30 Refusal for failure to pay registration fee on time 31 Consent applications 32 Disqualified entities 33 Steps taken by ASIC to register a business name to an entity 34 Refusal to register Part 4—Obligations to give information to ASIC 35 Notifying changes—entity that gives information to ASIC 36 Obligation to notify ASIC if entity becomes disqualified 37 Obligation to give ASIC information if requested 38 Notifying ASIC of bankruptcy, insolvency etc. 39 Notifying ASIC of appointment of a legal personal representative 40 Notification by successor in relation to a deceased estate 41 Federal Court may order information be given to ASIC Part 5—Cancelling the registration of a business name 42 Cancellation—request by entity to whom business name is registered 43 Cancellation—ASIC becomes aware of matter that would have affected registration decision 44 Cancellation—entity is disqualified 45 Cancellation—Ministerial determination revoked 46 Cancellation—failure to satisfy a condition of registration 47 Cancellation—entity not carrying on a business under the business name 48 Cancellation—failure to provide information 49 Cancellation—registration has expired 50 Cancellation—entity to whom business name registered ceases to exist 51 Cancellation—business name used in infringement of trade mark 52 Notification of cancellation of business name 53 Notice requirements in relation to partnerships, unincorporated associations, trusts and joint ventures 54 Business name held during review period for cancellation decision Part 6—Renewing the registration of a business name 55 Application to renew registration Part 7—Review 56 Reviewable decisions 57 Internal review of certain decisions 58 Administrative review of certain decisions 59 Payment of registration fee if business name to be registered as result of review Part 8—Accessing the Business Names Register 60 Access to certain information in the Business Names Register by request 61 Certain information to be publicly available 62 Certain information to be made available to government bodies Part 9—Administration Division 1—Matters relating to handling records and information Subdivision A—The Registrar 62A Appointment of the Registrar 62B Functions 62C Powers 62D Directions by Minister 62E Delegation 62F Assisted decision making 62G Liability for damages Subdivision B—How the Registrar is to perform and exercise functions and powers 62H Data standards 62J Giving information to the Registrar 62K How the Registrar is to perform and exercise functions and powers Subdivision C—Disclosure of information 62L Disclosure framework 62M Protection of confidentiality of protected information 62N Authorisation of recording or disclosure 62P Preventing disclosure of particular protected information 62Q Authorisation for purposes of Privacy Act 62R Disclosure to a court Subdivision D—Miscellaneous 62S Extracts of information to be admissible in evidence 62T Annual report 62U Rules Division 2—Miscellaneous 63 ASIC's functions and powers 64 Directions by Minister 65 Arrangements with States and Territories 66 ASIC may arrange for use of computer programs to make decisions 67 Forms for documents to be lodged with ASIC 68 Manner in which documents to be lodged with ASIC 69 ASIC may refuse to receive document etc. 70 Fees are payable to ASIC on behalf of the Commonwealth 71 When is an application fee fully paid? 72 Waiver and refund of fees 73 Address for receipt of notices 74 ASIC may destroy or dispose of certain documents 75 ASIC may issue formal warning 76 Interaction with Australian Business Register 77 Protection of confidentiality of information 78 Liability for damages 79 Delegation 80 Minister may delegate prescribed functions and powers under this Act Part 10—General 81 Application of this Act to partnerships 82 Principal contact of a partnership 83 Application of this Act to unincorporated associations and bodies 84 Principal contact of an unincorporated association or body 85 Application of this Act to a trust with 2 or more trustees 86 Principal contact of a trust 87 Joint ventures 89 Entities that have ceased to exist 90 Regulations Schedule 1—Notified State/Territory registers 1 New South Wales 2 Victoria 3 Queensland 4 Western Australia 5 South Australia 6 Tasmania 7 Australian Capital Territory 8 Northern Territory Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history