Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Tas)

Business Names Registration (Transitional and Consequential Provisions) Act 2011

An Act to enact transitional provisions and amend certain Acts, and to repeal, rescind and revoke superseded legislation, consequent on the enactment of the Business Names (Commonwealth Powers) Act 2011 [Royal Assent 22 December 2011]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 Registration (Transitional and Consequential Provisions) Act 2011 .

2. Commencement (1) Sections 1 , 3 , 6 and 10 , and Schedule 1 and this section commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation (1) In this Act – change-over day has the same meaning as it has in the Commonwealth Act in the terms, or substantially in the terms, of the proposed Business Names Registration (Transitional and Consequential Provisions) Bill 2011 referred to in paragraph (b) of the definition of "tabled text" in the Tasmanian Referral Act, as in force from time to time; Commissioner has the same meaning as it has in the existing Act; existing Act means the Business Names Act 1962 ; Tasmanian Referral Act means the Business Names (Commonwealth Powers) Act 2011 . (2) Unless a contrary intention appears, an expression used in this Act has the same meaning as it has in the Tasmanian Referral Act.

4. Renewal applications for registrations that expire on or after change-over day (1) In this section – renewal application means a statement that complies with section 11(1) of the existing Act that has been lodged with the Commissioner under that section. (2) A renewal application may not be made, after the commencement of this section, under the existing Act for the renewal of the registration of a business name under the existing Act if that registration is due to expire on or after the change-over day. (3) Subject to subsection (2) , the Commissioner may accept a renewal application after the change-over day and the provisions of the existing Act continue to apply for the purposes of such an application. (4) Despite section 11(2) of the existing Act, the Commissioner is not required to give a person in whose name a business name is registered under the existing Act any notice concerning the renewal date for the registration if the registration expires on or after the change-over day.