Business Names (Commonwealth Powers) Act 2011 (Qld)

Business Names (Commonwealth Powers) Act 2011

An Act to refer certain matters relating to the registration and use of business names to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth Constitution, and to provide for related matters

Part 1 Preliminary

1 Short title This Act may be cited as the Business Names (Commonwealth Powers) Act 2011.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) parts 4 and 5; (b) schedule 1; (c) schedule 2, definitions change-over day and existing Act.

3 Dictionary The dictionary in schedule 2 defines particular words used in this Act.

Part 2 Referral of matters to the Commonwealth Parliament

4 Meaning of initial business names matters The initial business names matters are the matters to which the provisions of the tabled text relate to the extent that those matters are included in the legislative powers of the Parliament of the State.

5 Meaning of continuing business names matters (1) Each of the following matters is a continuing business names matter to the extent that the matter is included in the legislative powers of the Parliament of the State— (a) the registration of business names; (b) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity; (c) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity; (d) the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity's own; (e) the prohibition or restriction of the use of business names that are undesirable, offensive or confusing; (f) the prohibition or restriction of the use of business names by an entity because— (i) the entity has engaged in unlawful conduct; or (ii) a person involved in the management of the entity has engaged in unlawful conduct. (2) However, none of the following matters is a continuing business names matter— (a) the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name; (b) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name registered to the entity on a notified State register; (c) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in a State law; (d) the imposition of an obligation on a government body to include a name in a communication or to display a name; (e) the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State register; (f) the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in a State law; (g) the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision; (h) any matter relating to the imposition or payment of taxes under a State law.