Business Names (Commonwealth Powers) Act 2011 (Tas)

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 Constitution of the Commonwealth, and to provide for related matters [Royal Assent 4 October 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

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

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Terms used In this Act, unless the contrary intention appears – amendment reference means the reference under section 6(2) ; business name has the same meaning as in the tabled text; continuing business names matter has the meaning given by section 5 ; entity includes an individual, body corporate or unincorporate, partnership and anything that is an entity within the meaning of the tabled text; exemption provision means a provision in the terms, or substantially in the terms, of clause 19(5) or 20(3) of the proposed Bill for a Commonwealth Act mentioned in paragraph (a) of the definition of "tabled text"; express amendment of the national business names legislation means the direct amendment of the text of the national business names legislation (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the national business names legislation; government body means – (a) the State or an agency or authority of the State or of the State acting jointly with the Commonwealth, another State or a Territory; or (b) a council; initial business names matters has the meaning given by section 4 ; initial reference means the reference under section 6(1) ; national business names instrument means any instrument (whether or not of a legislative character) that is made or issued under the national business names legislation; national business names legislation means Commonwealth Acts enacted in the terms, or substantially in the terms, of the tabled text and as in force from time to time; notified State register means a register that is maintained under a State law and is a "notified State/Territory register" within the meaning given by clause 6 of the proposed Bill for a Commonwealth Act mentioned in paragraph (a) of the definition of "tabled text"; registration means the inclusion of information in any system for the recording of information (whether in written or electronic form); State law means an Act of the State, or an instrument made under an Act of the State, whenever enacted or made and as in force from time to time; tabled text means the text of the following proposed Bills for Commonwealth Acts: (a) Business Names Registration Bill 2011; (b) Business Names Registration (Transitional and Consequential Provisions) Bill 2011 – as tabled in the House of Assembly of Tasmania on 5 July 2011 by or on behalf of the Minister introducing the Bill for this Act.