{"id":"nsw:act-2011-044","name":"Business Names (Commonwealth Powers) Act 2011","slug":"business-names-commonwealth-powers-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"44 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":75586,"registerId":"nsw-act-2011-044-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> > (1) This Act is the [Business Names (Commonwealth Powers) Act 2011](/view/html/inforce/current/act-2011-044).\n> \n> > (2) The purpose of this Act is 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.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act, unless the contrary intention appears:\n> \n> amendment reference means the reference under section 6 (2).\n> \n> business name has the same meaning as in the tabled text.\n> \n> continuing business names matter has the meaning given by section 5.\n> \n> entity includes an individual, body corporate or unincorporate, partnership or anything that is an entity within the meaning of the tabled text.\n> \n> exemption provision means a provision in the terms, or substantially in the terms, of clause 19 (5) or clause 20 (3) of the proposed Bill for a Commonwealth Act mentioned in paragraph (a) of the definition of tabled text.\n> \n> 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.\n> \n> government body means:\n> \n> > (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\n> \n> > (b) a local council or county council established under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> initial business names matters has the meaning given by section 4.\n> \n> initial reference means the reference under section 6 (1).\n> \n> 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.\n> \n> 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.\n> \n> 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.\n> \n> registration means the inclusion of information in any system for the recording of information (whether in written or electronic form).\n> \n> 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.\n> \n> tabled text means the text of the following proposed Bills for Commonwealth Acts:\n> \n> > (a) [Business Names Registration Bill 2011](http://www.legislation.gov.au/),\n> \n> > (b) [Business Names Registration (Transitional and Consequential Provisions) Bill 2011](http://www.legislation.gov.au/),\n> \n> as tabled in the House of Assembly of Tasmania on 5 July 2011 by or on behalf of the Minister introducing the Bill for the Business Names (Commonwealth Powers) Act 2011 of that State in that House.\n> \n> taxes means taxes, duties, charges or other imposts, however described.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Initial business names matters","content":"#### 4 Initial business names matters\n\n4 Initial business names matters\n\n> 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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Continuing business names matters","content":"#### 5 Continuing business names matters\n\n5 Continuing business names matters\n\n> > (1) Each of the following matters is a continuing business names matter to the extent that it is included in the legislative powers of the Parliament of the State:\n> > \n> > > (a) the registration of business names,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (e) the prohibition or restriction of the use of business names that are undesirable, offensive or confusing,\n> > \n> > > (f) the prohibition or restriction of the use of business names by an entity because:\n> > > \n> > > > (i) the entity has engaged in unlawful conduct, or\n> > > \n> > > > (ii) a person involved in the management of the entity has engaged in unlawful conduct.\n> \n> > (2) However, none of the following matters is a continuing business names matter:\n> > \n> > > (a) the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (d) the imposition of an obligation on a government body to include a name in a communication or to display a name,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (h) any matter relating to the imposition or payment of taxes under a State law.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References","content":"#### 6 References\n\n6 References\n\n> > (1) The initial business names matters are referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to those matters by enacting Acts in the terms, or substantially in the terms, of the tabled text.\n> \n> > (2) Each continuing business names matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national business names legislation.\n> \n> > (3) The operation of each of subsections (1) and (2) is not affected by the other subsection.\n> \n> > (4) The reference of a matter under subsection (1) or (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth).\n> \n> > (5) Despite any provision other than section 9 (4), a reference under subsection (1) or (2) has effect for a period:\n> > \n> > > (a) beginning when the subsection under which the reference is made comes into operation, and\n> > \n> > > (b) ending at the end of the day fixed under section 8 (1) (a), (b) or (c) as the day on which the reference is to terminate,\n> > \n> > but not longer.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Amendment of Commonwealth law","content":"#### 7 Amendment of Commonwealth law\n\n7 Amendment of Commonwealth law\n\n> It is the intention of the Parliament of the State that:\n> \n> > (a) the national business names legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth, and\n> \n> > (b) the national business names legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national business names instruments.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Termination of references","content":"#### 8 Termination of references\n\n8 Termination of references\n\n> > (1) The Governor may, at any time, by proclamation published on the NSW legislation website, fix a day as the day on which:\n> > \n> > > (a) the initial reference and the amendment reference are to terminate, or\n> > \n> > > (b) the amendment reference is to terminate, or\n> > \n> > > (c) the initial reference is to terminate (if the amendment reference has been previously terminated).\n> \n> > (2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is published.\n> \n> > (3) The Governor may, by proclamation published on the NSW legislation website, revoke a proclamation published under subsection (1).\n> \n> > (4) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n> \n> > (5) If a revoking proclamation has effect the revoked proclamation is taken, for the purposes of section 6, never to have been published but the revocation does not prevent publication of a further proclamation under subsection (1).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Effect of termination of amendment reference before termination of initial reference","content":"#### 9 Effect of termination of amendment reference before termination of initial reference\n\n9 Effect of termination of amendment reference before termination of initial reference\n\n> > (1) In this section:\n> > \n> > existing legislation means the national business names legislation as:\n> > \n> > > (a) amended by laws made under the amendment reference that have come into operation before the termination, or\n> > \n> > > (b) amended or affected by provisions referred to in section 7 (a) or (b) that have come into operation before the termination,\n> > \n> > and as in operation immediately before the termination.\n> > \n> > termination means the termination of the amendment reference.\n> \n> > (2) A reference in this section to provisions referred to in section 7 (b) includes a reference to national business names instruments made to carry out or give effect to the national business names legislation as amended by laws made under the amendment reference.\n> \n> > (3) It is the intention of the Parliament of the State that, if the amendment reference terminates before the initial reference terminates, the termination of the amendment reference does not affect:\n> > \n> > > (a) laws made under the amendment reference before the termination, or\n> > \n> > > (b) the continued operation in the State of the existing legislation or of the existing legislation as:\n> > > \n> > > > (i) amended after the termination by laws referred to in paragraph (a) that come into operation after the termination, or\n> > > \n> > > > (ii) amended or affected after the termination by provisions referred to in section 7 (a) or (b).\n> \n> > (4) Accordingly, the amendment reference continues to have effect for the purposes of subsection (3) unless the initial reference is terminated.\n> \n> > (5) Subsection (3) or (4) does not apply to or in relation to an amendment of the national business names legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Evidence of tabled text","content":"#### 10 Evidence of tabled text\n\n10 Evidence of tabled text\n\n> > (1) A certificate of the Clerk of the House of Assembly of Tasmania certifying that a document is an accurate copy of the tabled text, or is an accurate copy of a particular part or of particular provisions of the tabled text, is admissible in evidence in any proceedings and is evidence:\n> > \n> > > (a) of the matter certified, and\n> > \n> > > (b) that the text of the proposed Commonwealth Bills was tabled in the House of Assembly of Tasmania as referred to in the definition of tabled text in section 3.\n> \n> > (2) Subsection (1) does not affect any other way in which the tabling or content of the tabled text, or the accuracy of a copy of the tabled text or of a part or provisions of the tabled text, may be established.","sortOrder":9},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Am 2013 No 95, Sch 2.18.","sortOrder":10},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfer of functions to Commonwealth","content":"# Part 2 Transfer of functions to Commonwealth\n\nPart 2 Transfer of functions to Commonwealth","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Information transfer","content":"## Division 1 Information transfer\n\nDivision 1 Information transfer","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Application of existing business names legislation generally","content":"## Division 2 Application of existing business names legislation generally\n\nDivision 2 Application of existing business names legislation generally","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Exercise of registration functions under existing business names legislation","content":"## Division 3 Exercise of registration functions under existing business names legislation\n\nDivision 3 Exercise of registration functions under existing business names legislation","sortOrder":20},{"sectionNumber":"Division 4","sectionType":"division","heading":"Resolution of outstanding matters under existing business names legislation","content":"## Division 4 Resolution of outstanding matters under existing business names legislation\n\nDivision 4 Resolution of outstanding matters under existing business names legislation\n\nNote—\n\nThe object of this Division is to enable certain matters under the existing business names legislation that have not been finally resolved by the change-over day to be resolved for the purpose of providing accurate and complete information to ASIC for inclusion in the Commonwealth Register.\n\nThis Division enables these matters to be resolved as if the existing business names legislation had continued in effect. As a result, the relevant decision-maker will be able to make a decision indicating what would have been the result had that legislation continued in effect.\n\nOnce an outstanding matter is resolved, ASIC will be provided with information concerning the resolution of the matter. The Commonwealth Transitional Act provides for ASIC to hold a business name if it is notified by a State that there are outstanding matters to be resolved before the name can be migrated to the new business names legislation.","sortOrder":24},{"sectionNumber":"8A","sectionType":"section","heading":"Effect of abolition of Administrative Decisions Tribunal","content":"#### 8A Effect of abolition of Administrative Decisions Tribunal\n\n8A Effect of abolition of Administrative Decisions Tribunal\n\n> > (1) The functions of the Administrative Decisions Tribunal under this Division become, on and from the establishment day, the functions of the Civil and Administrative Tribunal.\n> \n> > (2) Accordingly, a reference in another provision of this Division that confers or imposes a function on the Administrative Decisions Tribunal is to be read, on and after the establishment day, as being a reference to the Civil and Administrative Tribunal.\n> \n> > (3) The provisions of this clause are in addition to, and do not derogate from, the provisions of Part 2 of Schedule 1 to the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> > (4) In this clause:\n> > \n> > establishment day has the same meaning as in the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).","sortOrder":25},{"sectionNumber":"11","sectionType":"section","heading":"Reviewable application and cancellation decisions","content":"#### 11 Reviewable application and cancellation decisions\n\n11 Reviewable application and cancellation decisions\n\n> > (1) This clause applies to the following kinds of decisions:\n> > \n> > > (a) a decision of the Director-General to refuse to grant an application under the existing business names legislation if a person has a right to apply to the Administrative Decisions Tribunal for a review of the decision immediately before the change-over day (an existing reviewable application decision),\n> > \n> > > (b) a decision of the Director-General to cancel the registration of a business name under the existing business names legislation if a person has a right to apply to the Administrative Decisions Tribunal for a review of the decision immediately before the change-over day (an existing reviewable cancellation decision),\n> > \n> > > (c) a decision of the Director-General made on or after the change-over day in relation to an application to which clause 9 applies (a transitional application decision).\n> \n> > (2) Subject to subclause (3), an existing reviewable application decision may be the subject of an application for review to the Administrative Decisions Tribunal, and may be dealt with by the Tribunal, under the existing business names legislation as if the right to seek the review of the decision of the Director-General to refuse to grant the application concerned were a right to seek a review of a decision of the Director-General that the application should have been refused had the legislation continued in effect.\n> \n> > (3) Subclause (2) does not apply in relation to an existing reviewable application decision by the Director-General made during the pre-transfer transitional period in reliance on the power conferred on the Director-General by clause 6.\n> \n> > (4) An existing reviewable cancellation decision may be the subject of an application for review to the Administrative Decisions Tribunal, and may be dealt with by the Tribunal, under the existing business names legislation as if the right to seek the review of the decision of the Director-General to cancel the registration of the business name concerned were a right to seek a review of a decision of the Director-General that the registration should have been cancelled had the legislation continued in effect.\n> \n> > (5) A transitional application decision may be the subject of an application for review to the Administrative Decisions Tribunal if a decision to refuse to grant the application concerned could have been subject to an application for review to the Tribunal had the decision been made before the change-over day.\n> \n> > (6) The Administrative Decisions Tribunal may deal with an application for review made under subclause (5) as if the jurisdiction conferred on the Tribunal were jurisdiction to review the decision of the Director-General that the application should have been refused had the existing business names legislation continued in effect.\n> \n> > (7) For the avoidance of doubt, Chapter 7 (Appeals) of the [Administrative Decisions Tribunal Act 1997](/view/html/inforce/current/act-1997-076) extends to any decision of the Administrative Decisions Tribunal made on an application for review as provided by this clause.","sortOrder":28},{"sectionNumber":"12","sectionType":"section","heading":"Pending proceedings","content":"#### 12 Pending proceedings\n\n12 Pending proceedings\n\n> > (1) This clause applies to the following kinds of applications:\n> > \n> > > (a) an application for leave made to the District Court under section 8 of the [Business Names Act 2002](/view/html/repealed/current/act-2002-097) if the application is pending, but not finally determined, immediately before the change-over day (an existing leave application),\n> > \n> > > (b) an application to the Administrative Decisions Tribunal under section 52 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) (as applied by section 5 of the [Business Names Act 2002](/view/html/repealed/current/act-2002-097)) for the review of a decision of the Director-General to refuse an application if the application to the Tribunal is pending, but not finally determined, immediately before the change-over day (an existing decision review application),\n> > \n> > > (c) an application to the Administrative Decisions Tribunal under section 19 of the [Business Names Act 2002](/view/html/repealed/current/act-2002-097) for the review of a decision of the Director-General to cancel the registration of a business name if the application is pending, but not finally determined, immediately before the change-over day (an existing cancellation review application).\n> \n> > (2) An existing leave application may be determined by the District Court under section 8 of the [Business Names Act 2002](/view/html/repealed/current/act-2002-097) as if the jurisdiction of the Court to grant leave for a business name to be registered in the name of the person concerned were jurisdiction to grant leave for the business name to be registered in the name of the person had the Act continued in effect.\n> \n> > (3) An existing decision review application may be determined by the Administrative Decisions Tribunal under the existing business names legislation as if the jurisdiction of the Tribunal to review the decision of the Director-General to refuse the application concerned were jurisdiction to review a decision of the Director-General that the application should have been refused had the legislation continued in effect.\n> \n> > (4) An existing cancellation review application may be determined by the Administrative Decisions Tribunal under the existing business names legislation as if the jurisdiction of the Tribunal to review the decision of the Director-General to cancel the registration were jurisdiction to review a decision of the Director-General that the registration should have been cancelled had the legislation continued in effect.\n> \n> > (5) For the avoidance of doubt, Chapter 7 (Appeals) of the [Administrative Decisions Tribunal Act 1997](/view/html/inforce/current/act-1997-076) extends to any decision of the Administrative Decisions Tribunal made on an application for review as provided by this clause.","sortOrder":29},{"sectionNumber":"13","sectionType":"section","heading":"Dealings of Director-General with ASIC concerning unresolved matters","content":"#### 13 Dealings of Director-General with ASIC concerning unresolved matters\n\n13 Dealings of Director-General with ASIC concerning unresolved matters\n\n> > (1) The Director-General may give notice to ASIC in accordance with the new business names legislation that a business name is to be held for the purposes of that legislation in order for outstanding matters to be resolved under the existing business names legislation.\n> \n> > (2) The Director-General may, if satisfied that a matter to which a provision of this Division applies has been finalised, give ASIC notice in accordance with the new business names legislation stating (as the case requires) that a business name that has been held under that legislation:\n> > \n> > > (a) is to be registered on the Commonwealth Register, or\n> > \n> > > (b) is to cease to be held by ASIC.\n> \n> > (3) This clause does not limit the generality of clause 2.","sortOrder":30},{"sectionNumber":"14","sectionType":"section","heading":"Application of existing offence provisions in relation to held business names","content":"#### 14 Application of existing offence provisions in relation to held business names\n\n14 Application of existing offence provisions in relation to held business names\n\n> > (1) This clause applies in relation to a business name (a held business name) if the Director-General has given ASIC a notice in accordance with the new business names legislation that the business name is to be held for the purposes of that legislation in order for outstanding matters to be resolved under the existing business names legislation.\n> \n> > (2) Subject to subclause (3), section 4 (Business names to be registered) of the [Business Names Act 2002](/view/html/repealed/current/act-2002-097) continues to apply in relation to the use of a held business name as if business names could still be registered under that Act until such time as:\n> > \n> > > (a) the held business name is registered by ASIC under the new business names legislation, or\n> > \n> > > (b) ASIC ceases to hold the held business name under the new business names legislation.\n> > \n> > Note—\n> > \n> > Item 5 (2) of Schedule 1 to the Commonwealth Transitional Act provides that an entity does not commit an offence under Part 2 of the Commonwealth Business Names Act while the business name is held by ASIC under the Commonwealth Transitional Act.\n> \n> > (3) Subclause (2) does not apply in relation to the use of a held business name if the business name would have been treated as having been registered under the [Business Names Act 2002](/view/html/repealed/current/act-2002-097) (had that Act continued in effect) while the outstanding matter concerned was resolved.","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":32},{"sectionNumber":"15","sectionType":"section","heading":"Compensation not payable in respect of business names transitional matters","content":"#### 15 Compensation not payable in respect of business names transitional matters\n\n15 Compensation not payable in respect of business names transitional matters\n\n> > (1) Compensation is not payable by or on behalf of:\n> > \n> > > (a) the State or an authority of the State, or\n> > \n> > > (b) an officer, employee or agent of the State,\n> > \n> > for an act or omission that is a business names transitional matter or an act or omission that arises (directly or indirectly) from a business names transitional matter.\n> \n> > (2) Subclause (1) applies only in respect of acts done or omitted to be done in good faith.\n> \n> > (3) In this clause:\n> > \n> > business names transitional matter means any of the following:\n> > \n> > > (a) the provision of information to the Commonwealth, ASIC, any officer of the Commonwealth or ASIC or any other person for the purpose of assisting the Commonwealth and ASIC in establishing or maintaining the Commonwealth Register or of verifying the accuracy of information recorded in the State Register,\n> > \n> > > (b) the giving of notices by or on behalf of the State for the purposes of the provisions of Schedule 1 to the Commonwealth Transitional Act,\n> > \n> > > (c) a refusal by the Director-General to exercise a registration function as provided by clause 6,\n> > \n> > > (d) the administration of this Act or the regulations,\n> > \n> > > (e) the exercise of functions under this Act or the regulations.\n> > \n> > compensation includes damages and any other form of monetary compensation.","sortOrder":33},{"sectionNumber":"16","sectionType":"section","heading":"Delegations by Director-General","content":"#### 16 Delegations by Director-General\n\n16 Delegations by Director-General\n\n> > (1) The Director-General may delegate the following functions of the Director-General to appropriate persons:\n> > \n> > > (a) a function under this Schedule (apart from this power of delegation),\n> > \n> > > (b) a function under any provision of the existing business names legislation that continues to have effect on and after the change-over day by operation of Part 2.\n> \n> > (2) The following are appropriate persons for the purposes of subclause (1):\n> > \n> > > (a) a person engaged in the administration of the existing business names legislation,\n> > \n> > > (b) a person engaged in the administration of any other Act administered by the State Minister.\n> \n> > (3) A delegation that is in force immediately before the change-over day in relation to a provision of the existing business names legislation that continues to have effect on and after that day by operation of Part 2 has effect as a delegation under this clause until it is revoked by the Director-General.","sortOrder":34},{"sectionNumber":"17","sectionType":"section","heading":"Construction of references to previous State Business Names Acts","content":"#### 17 Construction of references to previous State Business Names Acts\n\n17 Construction of references to previous State Business Names Acts\n\n> > (1) Subject to the regulations, on and from the change-over day:\n> > \n> > > (a) a reference in any document to any previous State Business Names Act extends to the Commonwealth Business Names Act, and\n> > \n> > > (b) a reference in any document to a provision of any previous State Business Names Act extends to the corresponding provision (if any) of the Commonwealth Business Names Act.\n> \n> > (2) Without limiting section 31 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), subclause (1) does not operate to update a reference in a provision of a law of the State if the updating of the reference would result in the provision being inoperative because of an inconsistency with the new business names legislation.\n> \n> > (3) The regulations may make provision for or with respect to the updating of references in documents to any previous State Business Names Act consequent on the enactment of the new business names legislation.\n> \n> > (4) In this clause:\n> > \n> > document means:\n> > \n> > > (a) any Act or statutory instrument other than:\n> > > \n> > > > (i) this Act or an instrument made under this Act, or\n> > > \n> > > > (ii) the [Business Names Act 2002](/view/html/repealed/current/act-2002-097), or an instrument made under that Act, to the extent that it is continued in effect by Part 2 of this Schedule, or\n> > \n> > > (b) any other instrument or any contract or other agreement.","sortOrder":35},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subclause (1), the regulations may declare a matter to be an excluded matter for the purposes of section 13 of the Commonwealth Business Names Act in relation to:\n> > \n> > > (a) the whole of the new business names legislation, or\n> > \n> > > (b) a specified provision of the new business names legislation, or\n> > \n> > > (c) the new business names legislation other than a specified provision, or\n> > \n> > > (d) the new business names legislation otherwise than to a specified extent.\n> \n> > (3) Without limiting subclause (1), the regulations may declare a specified provision of an Act or statutory rule to be a business names legislation displacement provision for the purposes of section 14 of the Commonwealth Business Names Act (either generally or specifically in relation to a provision of the new business names legislation).\n> \n> > (4) Without limiting subclauses (1)–(3), the regulations may contain provisions of a savings or transitional nature consequent on the enactment or making of the following Acts and instruments:\n> > \n> > > (a) this Act,\n> > \n> > > (b) any other Act or instrument to the extent that it amends this Act,\n> > \n> > > (c) the new business names legislation or any Act or instrument of the Commonwealth that amends the new business names legislation.\n> \n> > (5) If the regulations so provide, any provision referred to in subclause (4) may:\n> > \n> > > (a) have effect despite any specified provision of this Schedule or another Act or statutory rule, and\n> > \n> > > (b) take effect from the date of assent to the Act or the making of the instrument concerned or a later date.\n> \n> > (6) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.\n> \n> > (7) Any matter for which a regulation made under this Act makes provision is taken to be a matter for which a regulatory impact statement is not required for the purposes of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":36},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedules 2, 3 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":37}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: referring powers for a national business names scheme and managing the transition from state to Commonwealth control. The amendments (notably the 2013 insertion of clause 8A regarding tribunal abolition) are technical adaptations rather than scope expansion."},"complexity_factors":["Heavy reliance on defined terms that reference external documents ('tabled text', 'Commonwealth Business Names Act', 'Commonwealth Transitional Act')","Nested conditional logic in sections 5 and 6 distinguishing 'initial' vs 'continuing' matters with different limitations","Complex transitional machinery in Schedule 1 with multiple overlapping periods (pre-transfer transitional period, change-over day)","Multiple interacting legislative regimes (NSW existing law, proposed Commonwealth law, future amendments)","Section 9 contains 'continuation of effect' provisions that operate despite termination of references","Clause 8A inserts adaptation for tribunal abolition (NCAT transition), showing temporal layering","Extensive cross-referencing between this Act, the Commonwealth Bills, and repealed NSW legislation"],"plain_english_summary":"This Act is a **referral of powers** from New South Wales to the Australian Parliament. It allows the Commonwealth to create a national system for registering and regulating business names.\n\n**What it does:**\n- **Hands over power**: NSW gives the Commonwealth the authority to make laws about business name registration and use (under section 51(xxxvii) of the Constitution — the 'referral of powers' provision).\n- **Two-stage referral**: \n  - **Initial reference**: Lets the Commonwealth pass the Business Names Registration Act based on specific 'tabled' draft laws.\n  - **Continuing reference**: Allows the Commonwealth to later amend those laws, but only by 'express amendment' (direct changes to the text, not new standalone laws).\n- **Protects state interests**: The referral excludes certain matters — like restricting government bodies, imposing taxes, or removing exemptions for state-registered names.\n- **Manages the handover**: Detailed transitional rules ensure existing NSW business name registrations move smoothly to the new national system, with ASIC (the corporate regulator) taking over from the NSW Director-General.\n\n**Who it affects:**\n- Anyone registering a business name in NSW (now done through the national ASIC system).\n- The NSW government (loses some powers, gains a national system).\n- ASIC (gains responsibility for business names).\n\n**Why it matters:**\nBefore this Act, each state had its own business names register. This created red tape for businesses operating across borders. This Act is part of a national scheme to create one register, one set of rules, and less paperwork for Australian businesses."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act confines the referral to the matters set out in the tabled text and distinguishes initial matters (referred for enactment in the terms of the tabled text) from continuing matters (referred only for express amendment of national business names legislation) (ss3–6). It preserves the State’s ability to terminate the referral (s8) and anticipates Commonwealth action (s7). Therefore the statutory scope remains the referral of specified business‑name matters to the Commonwealth as originally framed, with transitional and regulatory detail supplied in Schedule 1."},"complexity_factors":["Cross‑jurisdictional referral mechanism tied to a specific set of draft Commonwealth Bills (the \"tabled text\") which limits what is referred (s3 definition of tabled text; s6(1)).","Two distinct referral tracks: initial business names matters (full reference to enact Bills in tabled text) and continuing matters (reference only to express amendments of national legislation) (ss4–6).","Dependence on future Commonwealth legislation and instruments to give effect to the referral (s6; s7) — creates legal uncertainty until those Commonwealth Acts/instruments are in force.","Governor’s power to terminate references by proclamation with prescribed timing constraints (s8) introduces temporal variability to scope.","Significant transitional and savings machinery governing cessation of State law, continuation of particular State provisions, handling of pending applications, reviews and court matters, and data migration (Sch 1, cl3, cl9–cl13).","Executive discretion for the Director‑General to refuse to exercise registration functions and to provide or withhold access to the State Register during the pre‑transfer transitional period (Sch 1, cl6) — affects applicants and third parties.","Authorisation to share State register data with Commonwealth/ASIC and third parties for migration and verification, and to charge fees for providing that information (Sch 1, cl2(1)–(3)) — raises compliance, privacy and cost issues.","Interaction with tribunals and courts during transition (abolition/transfer of ADT functions to NCAT/CAT, review rights preserved in specified cases) complicates dispute resolution pathways (Sch 1, cl8A, cl11, cl12).","Regulation‑making power to declare excluded matters and displacement provisions and to make retrospective transitional provisions subject to limits (Sch 1, cl18) — broad subordinate law power that can materially affect operation.","Immunity from compensation for acts or omissions done in good faith in relation to transitional matters shifts certain financial risks to private parties (Sch 1, cl15)."],"plain_english_summary":"This Act refers specified State powers about registering and regulating business names to the Commonwealth so national business‑names laws can be made and existing State registrations migrated to a Commonwealth register. It authorises the State’s Director‑General to provide register data to ASIC, sets transitional rules for pending applications, offences and fees, and allows the Governor to fix when the referral ends. Affected parties include businesses using registered names, the State regulator and ASIC; compliance and data‑migration responsibilities shift to Commonwealth procedures."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent — to refer business names powers to the Commonwealth to enable a national registration scheme. The point-in-time versions show only minor amendments between 2011 and 2014, with no indication of significant scope expansion or contraction."},"complexity_factors":["The Act itself is a short 'referral' law — its complexity lies mainly in understanding the constitutional mechanism (Section 51(xxxvii) of the Australian Constitution) that allows states to refer powers to the Commonwealth","Requires basic knowledge of Australian federalism to understand why a state law was needed to enable a federal system","The substantive rules about business name registration are not in this Act — they are in the Commonwealth legislation it enabled, so readers must look elsewhere for operational detail","Limited text is available in the provided source, making full assessment of all provisions difficult"],"plain_english_summary":"This NSW law refers state power to the Commonwealth so business names are regulated nationally. That referral enabled a single Australian Business Register administered by ASIC, replacing separate state systems.\n\nIt affects anyone trading under a name other than their legal name, removes the need to register in multiple states, and simplifies and standardises business-name registration across Australia."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/business-names-commonwealth-powers-act-2011","history":"/api/acts/business-names-commonwealth-powers-act-2011/history","analysis":"/api/acts/business-names-commonwealth-powers-act-2011/analysis","conflicts":"/api/acts/business-names-commonwealth-powers-act-2011/conflicts","importantCases":"/api/acts/business-names-commonwealth-powers-act-2011/important-cases","documents":"/api/acts/business-names-commonwealth-powers-act-2011/documents"}}