Part 1 Preliminary
1 Name of Regulation
This Regulation is the Business Names Regulation 2004.
2 Commencement
This Regulation commences on 5 October 2004.
3 Definitions
(1) In this Regulation:Commissioner for Fair Trading means:(a) the Commissioner for Fair Trading, Department of Commerce, or(b) if there is no such position in that Department, the Director-General of that Department.Office of Fair Trading means the Office of Fair Trading within the Department of Commerce.the Act means the Business Names Act 2002.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Registration
4 Applications for Ministerial directions
An application to the Minister for a direction under section 6 (2) of the Act is to be lodged with, or sent to, the Commissioner for Fair Trading at the head office of the Office of Fair Trading.
4A Restoration of registration of business name
The application of section 39 of the Licensing and Registration (Uniform Procedures) Act 2002, in respect of the restoration of the registration of a business name under section 5 of the Act, is limited to the registration of a business name that has expired.cl 4A: Ins 2006 (782), Sch 1 [1].
5 Register of business names
(1) Information is not to be omitted from the Register merely because the registration of a business name is cancelled or the registered particulars in relation to any business name are amended.(2) For the purposes of section 20 (2) (c) of the Act, the particulars to be recorded in the Register in relation to a person in whose name a business name is registered include the following:(a) the date on which the business name was registered in relation to that person,(b) the date on which the business name ceased to be registered in relation to that person,(c) in relation to a natural person, that person’s date of birth,(d) in relation to a corporation under the Corporations Act 2001 of the Commonwealth, the corporation’s ACN within the meaning of that Act,(e) in relation to a person who has an ABN for the business, the ABN.(3) In addition to the information required by section 20 (2) and (3) of the Act, the following information is to be included in the Register in relation to each registered business name:(a) the date on which the business name was registered,(b) the date on which registration of the business name falls due for renewal.(4) For the purposes of section 20 (5) of the Act, the places at which the Register is to be made available for public inspection are all offices of the Office of Fair Trading to which the general public has access.(5) In this clause, ABN means an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
6 Correction of entries in Register
(1) The Commissioner for Fair Trading may, on evidence that appears sufficient to the Commissioner, correct any entry in the Register.(2) Such a correction must be made by way of an annotation to the original entry, and must include the date on which the annotation is made, but must not erase or render illegible the original entry.(3) Any entry corrected under this clause has the same validity and effect as if the entry had been correctly made.
7 Corresponding laws
The following laws are declared to be corresponding laws for the purposes of section 21 of the Act:(a) the Business Names Act 1963 of the Australian Capital Territory,(b) the Business Names Act of the Northern Territory,(c) the Business Names Act 1962 of Queensland,(d) the Business Names Act 1996 of South Australia,(e) the Business Names Act 1962 of Tasmania,(f) the Business Names Act 1962 of Victoria,(g) the Business Names Act 1962 of Western Australia.
8 Documents relating to registration
Any application or notice that is required or permitted to be made or given under the Act must be in a form that is suitable for microfilming and electronic scanning.
Part 3 Administration
9 Certificates of authority
A certificate of authority issued under section 30 (1) (a) of the Act:(a) must be in a form approved by the Commissioner for Fair Trading, and(b) must state that it is issued under the Act, and(c) must give the name of the person to whom it is issued, and(d) must describe the nature of the powers conferred on its holder and state that those powers are conferred by the Act, and(e) must state the date (if any) on which it expires, and(f) must state that the powers conferred on its holder do not extend to any part of premises used for residential purposes, and(g) must be signed by the Commissioner for Fair Trading or by such other officer of the Department as is authorised by the Commissioner to sign such a certificate.
10 Penalty notice offences
For the purposes of section 32 of the Act:(a) an offence under a provision of the Act specified in Column 1 of Schedule 1 is a prescribed offence, and(b) the amount specified in Column 2 of Schedule 1 in respect of such an offence is the prescribed amount of penalty for the offence.
11 Fees
(1) The fees specified in Schedule 2 are payable to the Commissioner for Fair Trading for the matters so specified.(2) The amount of each fee is to be calculated by adding together the various components set out in Columns 2 and 3 of Schedule 2 in relation to that fee.(3) An amount specified in relation to an application fee in Column 3 of Schedule 2 under the heading Processing component is taken to be a fee to cover the costs incurred by the Commissioner for Fair Trading in processing the application.Note—This amount is consequently a processing fee for the purposes of Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002.
12 Circumstances in which fees may be waived or refunded
(1) If a person’s application for registration of a business name is refused because of an order made under section 21 (1) of the Act, the Commissioner for Fair Trading, if a subsequent application for registration is made by the same person within one month after the refusal, may waive such part of the relevant fee for the subsequent application as exceeds the processing component of that fee.(2) (Repealed)(3) The Commissioner for Fair Trading may waive any fee that would otherwise be payable in connection with the administration of the Act, or refund any such fee that has been paid, if satisfied:(a) that the fee relates to a matter that has arisen as a consequence of a failure in the operation of the registration procedures under the Act, or(b) that it would be unfair, in the circumstances of the case, to require payment of the fee.cl 12: Am 2005 (227), Sch 1 [1]; 2006 (308), Sch 1 [1]; 2006 (782), Sch 1 [2]; 2007 (249), Sch 1 [1]; 2008 (215), Sch 1 [1]; 2009 (143), Sch 1 [1].
13 Repeal
The Business Names Regulation 2000 is repealed.
Schedule 1 Penalty notice offences
(Clause 10)
Column 1 | Column 2 |
Offence | Penalty |
Section 4 (Business names to be registered) | $400 |
Section 11 (Notification of additional persons commencing to carry on business under registered business name) | $200 |
Section 12 (Notification of persons ceasing to carry on business under registered business name) | $200 |
Section 13 (Notification of persons ceasing to carry on business in New South Wales) | $200 |
Section 14 (Notification of changes in relation to business) | $200 |
Section 15 (Notification of changes in relation to person in whose name business name is registered) | $200 |
Section 24 (Use of business name) | $400 |
Schedule 2 Fees
(Clause 11)
Column 1 | Column 2 | Column 3 | Column 4 | |
Matter | Basic component | Processing component | Total fee | |
Fees relating to registration under the Licensing and Registration (Uniform Procedures) Act 2002 | ||||
1 | Application for granting of registration of a business name | $132 | $28 | $160 |
2 | Application for renewal of registration of a business name | $102 | $18 | $120 |
3 | Application for restoration of business name | $102 | $35 | $137 |
4 | Application for replacement of certificate of registration | Nil | $18 | $18 |
Other fees | ||||
5 | Application for Minister’s direction under section 6 (2) of the Act | Nil | $109 | $109 |
6 | Application to inspect Register (including the provision of an extract of a registered business name from the Register) | Nil | $16 for each registered business name inspected | $16 for each registered business name inspected |
7 | Application for an extract (either certified or not) of a registered business name from the Register (not being associated with an application to inspect Register under item 6) | Nil | $16 for each extract provided | $16 for each extract provided |
8 | Application for evidentiary certificate under section 26 of the Act as to contents of Register | Nil | $27 | $27 |
sch 2: Subst 2005 (227), Sch 1 [2]; 2006 (308), Sch 1 [2]. Am 2006 (782), Sch 1 [3]. Subst 2007 (249), Sch 1 [2]; 2008 (215), Sch 1 [2]; 2009 (143), Sch 1 [2]; 2010 (149), Sch 1; 2011 (211), Sch 1.