{"id":"business-names-national-uniform-legislation-implementation-act-2012","name":"Business Names (National Uniform Legislation) Implementation Act 2012","slug":"business-names-national-uniform-legislation-implementation-act-2012","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29879,"registerId":"nt-business-names-national-uniform-legislation-implementation-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Business Names (National Uniform Legislation) Implementation Act 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nBUSINESS NAMES (NATIONAL UNIFORM LEGISLATION)\nIMPLEMENTATION ACT 2012\nAs in force at 1 July 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Meanings of other words ................................................................. 2\n4A Powers may be exercised by CEO .................................................. 3\nPart 2 Migration of information to Commonwealth\nregister and transition to Commonwealth\nBusiness Names Act\nDivision 1 Transfer of business names information to\nASIC\n5 Commissioner may give information to ASIC .................................. 3\n6 Commissioner to notify ASIC about business names to be\nregistered on Commonwealth register ............................................. 3\n7 Commissioner to notify ASIC about business names to be\nheld etc. ........................................................................................... 4\nDivision 2 Applications for registration or renewal of\nregistration of business names\n8 Commissioner may refuse registration application made\nbefore change-over day ................................................................... 5\n9 Registration application pending on change-over day ..................... 5\n10 Renewal application may be made after the change-over day ........ 5\n11 Commissioner to notify ASIC if certain business names not\nrenewed ........................................................................................... 6\nDivision 3 Notices relating to business names\n12 Notice of change in certain particulars............................................. 6\n13 Commissioner may refuse notice of ceasing to conduct\nbusiness given before change-over day .......................................... 7\n14 Notice requiring information pending on change-over day .............. 7\n15 Notice to show cause pending on change-over day ........................ 8\n\nBusiness Names (National Uniform Legislation) Implementation Act 2012 ii\nDivision 4 Appeals and revocation of cancellation of\nbusiness names\n16 Appeal started before change-over day........................................... 8\n17 Appeal may be started after the change-over day ........................... 8\n18 Commissioner to notify ASIC at conclusion of appeal ..................... 9\n19 Commissioner to notify ASIC if appeal against refusal not\nstarted ............................................................................................. 9\n20 Commissioner to notify ASIC if cancellation should be revoked\nor appeal against cancellation not started ....................................... 9\nDivision 5 Offences\n21 Offence to carry on business in Territory under particular\nbusiness names being held ........................................................... 10\n22 Offence to give misleading information or documents after the\nchange-over day ............................................................................ 11\n23 Offence to disclose confidential information after the change-\nover day ......................................................................................... 11\n24 Offences committed against Territory Act before or after the\nchange-over day ............................................................................ 11\nDivision 6 General matters\n25 Section 12 of Interpretation Act 1978 ............................................ 11\n26 Protection from liability .................................................................. 12\n27 Regulations.................................................................................... 12\nPart 3 Repeal\n29 Repeal ........................................................................................... 13\nPart 4 Consequential amendment of laws\n30 Laws amended .............................................................................. 13\nSchedule Laws amended\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2022\n____________________\nBUSINESS NAMES (NATIONAL UNIFORM LEGISLATION)\nIMPLEMENTATION ACT 2012\nAn Act to provide for the implementation of a national law relating to the\nregistration and use of business names\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Business Names (National Uniform\nLegislation) Implementation Act 2012.\n2 Commencement\n(1) This Act, other than Parts 3 and 4, commences on the day on which\nthe Administrator's assent to this Act is declared.\n(2) Parts 3 and 4 commence on the change-over day.\n3 Definitions\nIn this Act:\nafter the change-over day means on and after the change-over\nday.\nchange-over day means the day on which Part 2 of the\nCommonwealth Business Names Act commences.\nCommonwealth Business Names Act means the Business\nNames Registration Act 2011 (Cth).\nCommonwealth register means the Business Names Register\nestablished and maintained under the Commonwealth Business\nNames Act.\nCommonwealth Transitional Act means the Business Names\nRegistration (Transitional and Consequential Provisions)\nAct 2011 (Cth).\n\nPart 1 Preliminary matters\nBusiness Names (National Uniform Legislation) Implementation Act 2012 2\nexpired but renewable business name means a business name\nin respect of which:\n(a) registration on the Territory register expires before the\nchange-over day; and\n(b) a person would be entitled to make a renewal application after\nthe change-over day if the Territory Act were still in operation;\nand\n(c) a renewal application has not been made under the Territory\nAct before the change-over day.\nitem, followed by a number, means the item with that number in\nSchedule 1 to the Commonwealth Transitional Act.\nExample\nItem 6 means item 6 of Schedule 1 to the Commonwealth Transitional Act.\nnew business names legislation means:\n(a) the Commonwealth Business Names Act and any instrument\nmade under that Act; and\n(b) the Commonwealth Transitional Act and any instrument made\nunder that Act.\nregistration application means an application under section 10 of\nthe Territory Act.\nrenewal application means an application under section 16 of the\nTerritory Act.\nTerritory Act means the Business Names Act 2007 as in force\nimmediately before the repeal.\nNote\nA reference to this Act does not have any referential words (such as \"of this Act\").\nHowever, a reference to a specific provision of the Territory Act includes\nreferential words to that Act (such as section 25 \"of the Territory Act\").\nTerritory register means the register of business names kept\nunder section 49 of the Territory Act.\nthe repeal means the repeal of the Territory Act by Part 3.\n4 Meanings of other words\n(1) Unless the context otherwise requires, a word used in this Act and\ndefined under the Territory Act has the meaning given under the\nTerritory Act.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 1 Transfer of business names information to ASIC\nBusiness Names (National Uniform Legislation) Implementation Act 2012 3\n(2) For this Act, both of the following are made when they are received\nby or for the Commissioner:\n(a) a registration application;\n(b) a renewal application.\n4A Powers may be exercised by CEO\nThe Chief Executive Officer may exercise any power or function of\nthe Commissioner under this Act.\nPart 2 Migration of information to Commonwealth\nregister and transition to Commonwealth\nBusiness Names Act\nDivision 1 Transfer of business names information to ASIC\n5 Commissioner may give information to ASIC\n(1) The Commissioner may give ASIC any information the\nCommissioner has acquired in connection with the performance of\nthe Commissioner's functions under the Territory Act that is\nreasonably required by ASIC in connection with the performance of\nits functions under the Commonwealth Business Names Act or\nCommonwealth Transitional Act.\n(2) The Commissioner may give the information:\n(a) before or after the change-over day; and\n(b) in whatever form the Commissioner considers appropriate,\nincluding an electronic form or form approved under the\nCommonwealth Business Names Act or Commonwealth\nTransitional Act.\n(3) This section applies despite any other Act or law.\n6 Commissioner to notify ASIC about business names to be\nregistered on Commonwealth register\nThe Commissioner must, before the change-over day, give ASIC\nnotice under item 1 in relation to each business name that will be\nregistered on the Territory register immediately before the\nchange-over day, other than a business name mentioned in\nsection 7(1).\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 1 Transfer of business names information to ASIC\nBusiness Names (National Uniform Legislation) Implementation Act 2012 4\n7 Commissioner to notify ASIC about business names to be held\netc.\n(1) The Commissioner must, before the change-over day, give ASIC\nnotice under item 4 that the following business names are to be\nheld for the purposes of resolving outstanding matters under the\nTerritory Act:\n(a) each business name that is the subject of a registration\napplication made, but not finally decided under the Territory\nAct, before the change-over day;\n(b) each business name that is the subject of a registration\napplication refused within 28 days before the change-over\nday;\n(c) each expired but renewable business name;\n(d) each business name that is the subject of a notice given under\nsection 19(2) of the Territory Act before the change-over day\nin relation to which the Commissioner has not taken any\naction before that day;\n(e) each business name that is the subject of a notice given under\nsection 25 of the Territory Act if the period for compliance\nstated in the notice, or the period as extended under\nsection 25(4) of the Territory Act, has not expired before the\nchange-over day;\n(f) each business name that is the subject of a notice given under\nsection 26(2), 27(1) or 28(2) of the Territory Act if the 14 day\nperiod stated in the notice has not expired before the\nchange-over day;\n(g) each business name that is the subject of an appeal started\nunder Part 3 of the Territory Act that has not been concluded\nbefore the change-over day;\n(h) each business name that is cancelled under section 26(4),\n27(3) or 28(4) of the Territory Act within 28 days before the\nchange-over day, unless the cancellation is revoked before\nthe change-over day.\n(2) The Commissioner must give ASIC information as requested under\nitem 9 about whether a business name should continue to be held\nfor the purposes of resolving outstanding matters.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 2 Applications for registration or renewal of registration of business names\nBusiness Names (National Uniform Legislation) Implementation Act 2012 5\nDivision 2 Applications for registration or renewal of\nregistration of business names\n8 Commissioner may refuse registration application made\nbefore change-over day\n(1) If a registration application is made during the period starting\n2 weeks before the change-over day, the Commissioner:\n(a) may refuse to accept the application; and\n(b) if the Commissioner refuses to accept the application – must\nnotify the applicant about the refusal and provide the applicant\nwith information about how to apply for registration of a\nbusiness name on the Commonwealth register.\n(2) This section applies despite anything to the contrary in Part 2,\nDivision 2 of the Territory Act.\n9 Registration application pending on change-over day\n(1) This section applies if before the change-over day:\n(a) a registration application in relation to a business name is\nmade and is not refused as mentioned in section 8; and\n(b) the application is not finally decided under the Territory Act.\n(2) Despite the repeal, after the change-over day, the Commissioner\nmust decide whether or not the business name would have been\nregistered under the Territory Act if the Territory Act were still in\noperation.\n(3) If the Commissioner decides the business name:\n(a) would have been registered – the Commissioner must notify\nASIC under item 6 or 9 that the business name is to be\nregistered on the Commonwealth register; or\n(b) would not have been registered – the Commissioner must\nnotify ASIC under item 8 or 9 that ASIC is to cease to hold the\nbusiness name.\n10 Renewal application may be made after the change-over day\n(1) Despite the repeal, after the change-over day but subject to\nsection 16(3) of the Territory Act, a person may make a renewal\napplication in relation to a business name as if the Territory Act\nwere still in operation.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 3 Notices relating to business names\nBusiness Names (National Uniform Legislation) Implementation Act 2012 6\n(2) If a renewal application is made in accordance with subsection (1),\nthe Commissioner must decide whether or not registration of the\nbusiness name would have been renewed under the Territory Act if\nthe Territory Act were still in operation.\n(3) If the Commissioner decides registration:\n(a) would have been renewed – the Commissioner must notify\nASIC under item 6 or 9 that the business name is to be\nregistered on the Commonwealth register; or\n(b) would not have been renewed – the Commissioner must notify\nASIC under item 8 or 9 that ASIC is to cease to hold the\nbusiness name.\n11 Commissioner to notify ASIC if certain business names not\nrenewed\nIf a renewal application is not made for an expired but renewable\nbusiness name within 28 days after the expiry of the registration of\nthe business name, the Commissioner must notify ASIC under\nitem 8 or 9 that ASIC is to cease to hold the business name.\nNote for section 11\nA renewal application for an expired but renewable business name could have\nbeen made as mentioned in section 10.\nDivision 3 Notices relating to business names\n12 Notice of change in certain particulars\n(1) This section applies if:\n(a) a notice in relation to a business name is given to the\nCommissioner under section 19(2) of the Territory Act before\nthe change-over day; and\n(b) the Commissioner has not taken any action in relation to the\nnotice before that day.\n(2) As soon as practicable after the change-over day, the\nCommissioner must notify ASIC under item 6 or 9 that the business\nname is to be registered on the Commonwealth register, taking into\naccount the particulars contained in the notice.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 3 Notices relating to business names\nBusiness Names (National Uniform Legislation) Implementation Act 2012 7\n13 Commissioner may refuse notice of ceasing to conduct\nbusiness given before change-over day\n(1) If a person gives a notice under section 20 of the Territory Act in\nrelation to a business name during the period starting 2 weeks\nbefore the change-over day:\n(a) the Commissioner may refuse to accept the notice; and\n(b) if the Commissioner refuses to accept the notice:\n(i) the Commissioner must notify the person and provide\nthe person with information about how to request ASIC\nto cancel the registration of the business name; and\n(ii) despite section 24, the person cannot be charged with\nan offence against section 20(4) of the Territory Act in\nrelation to the business name.\n(2) This section applies despite anything to the contrary in sections 20\nand 26 of the Territory Act.\n14 Notice requiring information pending on change-over day\n(1) This section applies if before the change-over day:\n(a) a notice in relation to a business name is given to a person\nunder section 25 of the Territory Act; and\n(b) the period for compliance stated in the notice, or the period as\nextended by the Commissioner under section 25(4) of the\nTerritory Act, has not expired.\n(2) Despite the repeal:\n(a) section 25 of the Territory Act continues to apply in relation to\nthe notice after the change-over day; but\n(b) at the end of the period stated in the notice, the Commissioner\nmust decide whether or not there would be grounds to give a\nnotice in relation to the business name under section 26(2)\nor 27(1) of the Territory Act if that Act were still in operation.\n(3) If the Commissioner decides:\n(a) there would not be grounds to give a notice mentioned in\nsubsection (2)(b) – the Commissioner must notify ASIC under\nitem 6 or 9 that the business name is to be registered on the\nCommonwealth register; or\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 4 Appeals and revocation of cancellation of business names\nBusiness Names (National Uniform Legislation) Implementation Act 2012 8\n(b) there would be grounds to give a notice mentioned in\nsubsection (2)(b) – the Commissioner must notify ASIC under\nitem 8 or 9 that ASIC is to cease to hold the business name.\n15 Notice to show cause pending on change-over day\n(1) This section applies if before the change-over day:\n(a) a notice in relation to a business name is given to a person\nunder section 26(2), 27(1) or 28(2) of the Territory Act; and\n(b) the period stated in the notice has not expired.\n(2) Despite the repeal:\n(a) the section of the Territory Act under which the notice was\ngiven continues to apply in relation to the notice after the\nchange-over day; but\n(b) at the end of the period specified in the notice, the\nCommissioner must decide whether or not the registration of\nthe business name would have been cancelled under the\nTerritory Act if it were still in operation.\n(3) If the Commissioner decides the registration:\n(a) would not have been cancelled – the Commissioner must\nnotify ASIC under item 6 or 9 that the business name is to be\nregistered on the Commonwealth register; or\n(b) would have been cancelled – the Commissioner must notify\nASIC under item 8 or 9 that ASIC is to cease to hold the\nbusiness name.\nDivision 4 Appeals and revocation of cancellation of\nbusiness names\n16 Appeal started before change-over day\nDespite the repeal, if an appeal to the Local Court was started\nunder section 33 of the Territory Act and not finally decided before\nthe change-over day, the appeal may be decided by the Local\nCourt as if the Territory Act were still in operation.\n17 Appeal may be started after the change-over day\n(1) Subsection (2) applies if, immediately before the repeal, a person\nhas a right to appeal to the Local Court under section 33 of the\nTerritory Act.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 4 Appeals and revocation of cancellation of business names\nBusiness Names (National Uniform Legislation) Implementation Act 2012 9\n(2) Despite the repeal, after the change-over day:\n(a) the person may start an appeal under section 33 of the\nTerritory Act, within the period mentioned in section 33(2) of\nthe Territory Act, as if the Territory Act were still in operation;\nand\n(b) the appeal may be decided by the Local Court as if the\nTerritory Act were still in operation.\n18 Commissioner to notify ASIC at conclusion of appeal\n(1) This section applies to an appeal mentioned in section 16 or 17.\n(2) If the Local Court makes an order that the business name the\nsubject of the appeal:\n(a) is to be registered – the Commissioner must notify ASIC under\nitem 6 or 9 that the business name is to be registered on the\nCommonwealth register; or\n(b) is not to be registered – the Commissioner must notify ASIC\nunder item 8 or 9 that ASIC is to cease to hold the business\nname.\n19 Commissioner to notify ASIC if appeal against refusal not\nstarted\n(1) This section applies to a business name the subject of a registration\napplication refused within 28 days before the change-over day.\n(2) If an appeal against the refusal is not started within the time allowed\nunder section 33 of the Territory Act, the Commissioner must notify\nASIC under item 8 or 9 that ASIC is to cease to hold the business\nname.\nNote for subsection (2)\nAn appeal against the refusal could have been made as mentioned in section 17.\n20 Commissioner to notify ASIC if cancellation should be revoked\nor appeal against cancellation not started\n(1) This section applies to a business name that is cancelled under\nsection 26(4), 27(3) or 28(4) of the Territory Act within 28 days\nbefore the change-over day, unless the cancellation is revoked\nbefore the change-over day.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 5 Offences\nBusiness Names (National Uniform Legislation) Implementation Act 2012 10\n(2) The Commissioner may notify ASIC under item 6 or 9 that the\nbusiness name is to be registered on the Commonwealth register if,\nafter the change-over day, the Commissioner decides that\nsection 32(2) or (3) of the Territory Act applies to the cancellation.\n(3) If the Commissioner does not notify ASIC under subsection (2) and\nan appeal against the cancellation is not started within the time\nallowed under section 33 of the Territory Act, the Commissioner\nmust notify ASIC under item 8 or 9 that ASIC is to cease to hold the\nbusiness name.\nNote for subsection (3)\nAn appeal against the cancellation could have been made as mentioned in\nsection 17.\nDivision 5 Offences\n21 Offence to carry on business in Territory under particular\nbusiness names being held\n(1) This section applies to a business name if:\n(a) the Commissioner has given ASIC a notice under item 4 that\nthe business name is to be held for the purposes of resolving\noutstanding matters under the Territory Act; and\n(b) the business name would not have been treated as having\nbeen registered under the Territory Act (had that Act not been\nrepealed) while the outstanding matter concerned was\nresolved.\n(2) Despite the repeal, section 9 of the Territory Act continues to apply\nin relation to the business name as if the Territory Act were still in\noperation until:\n(a) the business name is registered by ASIC under the\nCommonwealth Transitional Act; or\n(b) ASIC ceases to hold the business name under the\nCommonwealth Transitional Act.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 6 General matters\nBusiness Names (National Uniform Legislation) Implementation Act 2012 11\n22 Offence to give misleading information or documents after the\nchange-over day\nDespite the repeal, after the change-over day, sections 38 and 39\nof the Territory Act:\n(a) continue to apply in relation to information and documents\ngiven to the Commissioner under the Territory Act as\ncontinued by this Act, as if the Territory Act were still in\noperation; and\n(b) are taken to apply in relation to information and documents\ngiven to the Commissioner under this Act, as if the Territory\nAct were still in operation.\n23 Offence to disclose confidential information after the change-\nover day\nDespite the repeal, after the change-over day, section 41 of the\nTerritory Act:\n(a) continues to apply in relation to information acquired under the\nTerritory Act (whether or not as continued by this Act), as if the\nTerritory Act were still in operation; and\n(b) is taken to apply in relation to information acquired under this\nAct, as if the Territory Act were still in operation.\n24 Offences committed against Territory Act before or after the\nchange-over day\n(1) This section applies if a person is alleged to have committed an\noffence against the Territory Act before or after the change-over\nday.\n(2) Despite the repeal, the provisions of the Territory Act and the Fines\nand Penalties Act 2001, as in force immediately before the change-\nover day, continue to apply after the change-over day in relation to\nthe offence.\nDivision 6 General matters\n25 Section 12 of Interpretation Act 1978\nThis Part does not affect the application of section 12 of the\nInterpretation Act 1978 in relation to the repeal unless its\napplication is inconsistent with a particular provision of this Part.\n\nPart 2 Migration of information to Commonwealth register and transition to\nCommonwealth Business Names Act\nDivision 6 General matters\nBusiness Names (National Uniform Legislation) Implementation Act 2012 12\n26 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Part as:\n(a) the Commissioner; or\n(b) a delegate of the Commissioner.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n27 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting subsection (1), the regulations may:\n(a) declare a matter to be an excluded matter for section 13 of the\nCommonwealth Business Names Act in relation to:\n(i) the whole of the new business names legislation; or\n(ii) a specified provision of the new business names\nlegislation; or\n(iii) the new business names legislation other than a\nspecified provision; or\n(iv) the new business names legislation otherwise than to a\nspecified extent; or\n(b) declare a specified provision of an Act or subordinate\nlegislation to be a business names legislation displacement\nprovision for the purposes of section 14 of the Commonwealth\nBusiness Names Act (either generally or specifically in relation\nto a provision of the new business names legislation).\n\nPart 4 Consequential amendment of laws\nBusiness Names (National Uniform Legislation) Implementation Act 2012 13\nPart 3 Repeal\n29 Repeal\nThe Business Names Act 2007 (Act No. 1 of 2007) is repealed.\nPart 4 Consequential amendment of laws\n30 Laws amended\nThe Schedule amends the laws mentioned in it.\n\nSchedule Laws amended\nBusiness Names (National Uniform Legislation) Implementation Act 2012 14\nSchedule Laws amended\nsection 30\nProvision Amendment\nomit insert\nAdvance Bank Integration Act 1998\nsection 7(1)(d) Business Names Act Business Names\nRegistration Act 2011\n(Cth)\nAgents Licensing Act 1979\nsection 50(1)(a) Business Names Act Business Names\nRegistration Act 2011\n(Cth)\nAgents Licensing Regulations 1979\nregulation 3, definition\nregistered business\nname\nBusiness Names Act Business Names\nRegistration Act 2011\n(Cth)\nregulation 22(4)(c) all words from\n\"certificate\" to \"Affairs\"\ncopy of an entry in the\nBusiness Names\nRegister provided by\nASIC under section 60\nof the Business Names\nRegistration Act 2011\n(Cth)\nArchitects Act 1963\nsection 14A(b) Business Names Act Business Names\nRegistration Act 2011\n(Cth)\nConsumer Affairs and Fair Trading (Motor Vehicle Dealers)\nRegulations 1992\nSchedule 3, Form 1,\nclause 11(c)\nBusiness Names Act Business Names\nRegistration Act 2011\n(Cth)\n\nSchedule Laws amended\nBusiness Names (National Uniform Legislation) Implementation Act 2012 15\nSchedule 3, Form 1,\nclause 11(c)(i)\nwhole subclause (i) A copy of the entry\nin the Business\nNames Register\nprovided by ASIC\nunder section 60 of\nthe Business\nNames Registration\nAct 2011 (Cth) is\nattached.\nSchedule 3, Form 2,\nclause 6\nall words from\n\"Business\" to\n\"attached.\"\nBusiness Names\nRegistration Act 2011\n(Cth). A copy of the\nentry in the Business\nNames Register\nprovided by ASIC under\nsection 60 of the\nBusiness Names\nRegistration Act 2011\n(Cth) is attached.\nConsumer Affairs and Fair Trading (Travel Agents) Regulations 1995\nregulation 3(2)(b) whole paragraph (b) for each business\nname under which\nthe person intends\nto carry on\nbusiness – a copy\nof the entry in the\nBusiness Names\nRegister provided\nby ASIC under\nsection 60 of the\nBusiness Names\nRegistration Act\n2011 (Cth) relating\nto the name;\nSchedule 1, Forms 1\nand 2, note 1\nwhole note 1. For each business\nname specified in\nthis form, a copy of\nthe entry in the\nBusiness Names\nRegister provided\nby ASIC under\nsection 60 of the\nBusiness Names\nRegistration\n\nSchedule Laws amended\nBusiness Names (National Uniform Legislation) Implementation Act 2012 16\nAct 2011 (Cth)\nrelating to the name\nmust accompany\nthis form.\nFines and Penalties (Recovery) Regulations 2001\nSchedule 1, list of Acts Business Names Act\nSchedule 1, list of\nregulations\nBusiness Names\nRegulations\nKava Management Regulations 1998\nregulation 6(e) Business Names Act –\na certified copy of a\nbusiness name search\nshowing that\nregistration;\nBusiness Names\nRegistration Act 2011\n(Cth) – a copy of the\nentry in the Business\nNames Register\nprovided by ASIC under\nsection 60 of that Act\nshowing the\nregistration;\nPartnership Act 1997\nsection 57(3) Business Names Act Business Names\nRegistration Act 2011\n(Cth)\nsection 61 whole section\nPrinters and Newspapers Act 1984\nsection 6(a) Business Names Act Business Names\nRegistration Act 2011\n(Cth)\nPrivate Security (Security Firms) Regulations 1998\nSchedule, Form,\nPart A, note (a)\nwhole note (a) For each business\nname specified in\nthis form, a copy\nof the entry in the\nBusiness Names\nRegister provided\nby ASIC under\nsection 60 of the\nBusiness Names\nRegistration\n\nSchedule Laws amended\nBusiness Names (National Uniform Legislation) Implementation Act 2012 17\nAct 2011 (Cth)\nrelating to the\nname must\naccompany this\nform.\nProstitution Regulations 1992\nSchedule 2, Form 13,\nclause 7 and Form 14,\nclause 1\ncertificate of registration\nof business name\ncopy of an entry in the\nBusiness Names\nRegister provided by\nASIC under section 60\nof the Business Names\nRegistration Act 2011\n(Cth)\nTotalisator Licensing and Regulation Regulations 2000\nregulation 2(e) all words from\n\"Business\" to\n\"Commonwealth\"\nBusiness Names\nRegistration Act 2011\n(Cth)\n\nENDNOTES\nBusiness Names (National Uniform Legislation) Implementation Act 2012 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBusiness Names (National Uniform Legislation Act 2012 (Act No. 8, 2012)\nAssent date 27 April 2012\nCommenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891:\n19 April 2012) ; rem: 27 April 2012 (s 2)\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 3, 24 and 25 and sch.\n4 LIST OF AMENDMENTS\ns 4A ins No. 6, 2022, s 11\ns 28 exp No. 8, 2012, s 28(5)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from Territory-based business name registration to the national scheme. It does not expand beyond transitional machinery provisions, temporary offence preservation, and consequential amendments necessary for the handover. The scope is appropriately limited to the implementation period and related administrative cleanup."},"complexity_factors":["Heavy cross-referencing to external legislation (Commonwealth Business Names Registration Act 2011, Commonwealth Transitional Act, and the repealed Territory Business Names Act 2007)","Time-bound conditional logic throughout ('before the change-over day', 'within 28 days before', 'after the change-over day', 'during the period starting 2 weeks before')","Dual legal systems operating simultaneously during transition (old Territory Act 'continues to apply as if still in operation' despite repeal)","19 specific defined terms in section 3, including complex compound definitions like 'expired but renewable business name'","Multiple 'items' referenced from Schedule 1 of the Commonwealth Transitional Act (items 1, 4, 6, 8, 9) requiring external lookup","Nested exceptions and holding patterns (section 7 lists 8 different categories of business names to be 'held' for resolution)","Continuity provisions that preserve specific sections of repealed law for specific purposes (sections 21-24)","Consequential amendments table spanning 11 other Acts and Regulations with varied amendment types (omit/insert/substitute)"],"plain_english_summary":"This transition law closed the Northern Territory’s business‑names register and transferred existing records and functions to the national system run by ASIC. It affected NT business owners, the NT Commissioner (who handed over data), and ASIC (which took over registration).\n\nIt preserved and finished pending applications, renewals, appeals and some temporary offences during the change‑over, and updated NT laws to reference the Commonwealth regime—ensuring businesses kept their names and continuity of legal protection."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act stays within its original, narrow purpose: to migrate the Territory business‑names register and transitional matters into the Commonwealth (ASIC) national business‑names regime and to repeal the Territory Business Names Act (see section 29 and the Schedule). It creates a comprehensive set of transitional mechanisms to preserve rights and handle pending matters, but does not expand the policy beyond implementing the national scheme. (A technical amendment in 2022 added that the CEO may exercise the Commissioner’s powers (section 4A), which is an administrative/operational change rather than a substantive widening of scope.)"},"complexity_factors":["Multiple external cross‑references to Commonwealth Acts: Business Names Registration Act 2011 (Cth) and the Commonwealth Transitional Act (defined in s3) create dependence on external instruments.","Numerous 'despite the repeal' and 'as if the Territory Act were still in operation' clauses (e.g. ss9, 10, 14–17, 22–24) producing layered temporal rules.","Several conditional time windows (2 weeks, 14 days, 28 days) that trigger different procedures (ss8, 13, 7(1)(b)(h), 11, 15).","Delegation and substitution of decision‑makers (Commissioner, CEO by s4A) increases actors who can exercise powers.","Many transitional decision points where the Commissioner must decide the hypothetical outcome under the repealed Territory Act (ss9(2), 10(2), 14(2)(b), 15(2)(b)), creating substantive administrative judgments.","Schedule of consequential amendments to numerous Territory Acts and regulations, requiring cross‑checking of how other laws now refer to the Commonwealth register.","Regulation‑making power to declare excluded matters and displacement provisions (s27) permits further legal layering after commencement.","Protection from liability for good‑faith administrative acts (s26) changes legal exposure for officials and may affect review dynamics."],"plain_english_summary":"**What this Act does (mechanics)\n\n- Moves the Northern Territory business‑names system onto the Commonwealth (ASIC) Business Names Register and removes the Territory law that previously ran that register (see section 29, Schedule).\n- Gives the Territory Commissioner power to hand over information to ASIC that is needed for the Commonwealth register, in whatever form is appropriate (section 5).\n- Requires the Commissioner to notify ASIC, before the change‑over day, about which Territory business names should be moved straight onto the Commonwealth register and which should be \"held\" while outstanding Territory matters are resolved (sections 6–7).\n- Sets out how applications, renewals, notices, appeals and cancellations that are in flight at the moment the Territory law is repealed are to be handled after the change‑over day. In many cases the Commissioner must decide, as if the Territory law were still in force, whether a name would have been registered or cancelled, and then tell ASIC whether to register or to stop holding the name (for example sections 9–11, 14–15, 18–20).\n- Allows the Commissioner to refuse to accept registration or cessation notices given in the two‑week period immediately before the change‑over day and to point applicants to ASIC instead (sections 8 and 13).\n- Keeps certain Territory criminal and administrative rules alive for transitional purposes (for example, continuing the Territory offences about misleading information and confidentiality in relation to information handled under the transitional arrangements — sections 22–24).\n- Provides protection from civil or criminal liability for officials who in good faith exercise powers under the transitional Part (section 26).\n- Allows the Chief Executive Officer to exercise the Commissioner’s powers under this Act (section 4A, as inserted in 2022).\n- Gives the Administrator regulation‑making powers to declare \"excluded matters\" or displacement provisions where the Territory needs to preserve particular local law effects within the new national scheme (section 27).\n- Makes consequential amendments across many Territory Acts and regulations so those laws refer to the Commonwealth Business Names Registration Act instead of the old Territory Business Names Act (Schedule).\n\n\nWho this affects\n\n- Small businesses, sole traders and partnerships in the Northern Territory that use registered business names: administratively they will be switched from the Territory register to the Commonwealth (ASIC) register (see sections 5–7, 29).\n- People with registration or renewal applications, notices, appeals or other compliance actions pending at the time the Territory law is repealed: the Commissioner must handle those matters under special transitional rules and tell ASIC whether names should transfer, be held, or be released (see sections 9–20).\n- The Territory Commissioner (and by delegation the CEO) and ASIC: the Commissioner must transfer information and make various notifications; ASIC becomes the keeper of the national register (sections 5–7, 6–7, 29).\n- Anyone required by other Territory laws to supply or rely on a business‑name extract: those laws are updated to point to ASIC’s Business Names Register (Schedule).\n\n\nWhy it matters (official purpose and practical consequences)\n\n- Officially the Act implements a national business‑names regime by migrating Territory data and transitional matters to the Commonwealth register. That is done by moving records, preserving rights and obligations in flight, and aligning Territory references to the new Commonwealth law (see Preamble, sections 5–7, 29 and the Schedule).\n\n- Practical consequences and concrete trade‑offs, costs and incentives:\n  - Administrative shift: Territory businesses will interact with ASIC rather than the Territory office for registration, renewals and searches (sections 6–7, Schedule). That centralises records and changes where fees, interfaces and processes are handled.\n  - Transitional compliance burden: businesses with matters active at change‑over (pending applications, notices, appeals) face transitional steps. The Commissioner decides many of these matters \"as if\" the Territory law were still operating and then notifies ASIC — but in some narrow windows (applications or notices given in the two weeks before change‑over) the Commissioner may refuse to accept them and direct the person to apply to ASIC instead (sections 8, 13). That can require an extra interaction with ASIC.\n  - Legal continuity: the Act preserves criminal and administrative liability and appeal rights tied to the Territory law for matters that arose before or during the change‑over (sections 16–24). That reduces legal uncertainty for pending disputes but creates a layer of continuing Territory law for transitional matters.\n  - Decision‑making and discretion: the Commissioner has several judgment points (for example, deciding whether a pending application would have succeeded under the Territory Act — sections 9, 14–15). Those decisions determine whether ASIC will register or cease to hold a name, so administrative choices here materially affect businesses.\n  - Data transfer and implementation risk: the Act authorises handover of information in whatever form the Commissioner thinks appropriate (including electronic). That raises operational risks (data completeness, timing, matching records) which the Act leaves to administrative action rather than prescribing detailed procedures (section 5).\n  - Regulatory flexibility: the Administrator may make regulations to carve out or preserve certain local legal effects within the national scheme (section 27). That allows targeted continuation of Territory policy choices where needed, at the cost of added legal complexity.\n\nWho pays, who decides, what changes behaviour\n\n- Who pays: affected businesses may incur costs from re‑filing with ASIC or resolving outstanding matters; the Territory bears administrative costs of identifying, holding and transferring records to ASIC (sections 5–7, 8, 13).\n- Who decides: the Commissioner (or CEO as delegate) makes the transitional determinations and notifies ASIC; ASIC makes the final entries on the Commonwealth register; the Local Court continues to hear appeals where permitted during transition (sections 4A, 5–7, 16–18).\n- Behavioural change: businesses will shift dealings (searches, registrations, renewals) from Territory systems to ASIC; applicants close to the change‑over face a choice to deal with the Commissioner under transitional rules or to apply directly to ASIC when the Commissioner refuses late pre‑change‑over filings (sections 8, 13).\n\n\nImplementation risks, compliance burden and administrative discretion (tested against the Act)\n\n- Implementation risk is concentrated in the data handover and the Commissioner’s discretionary decisions about pending matters (section 5 and sections 9, 14–15). The Act authorises the Commissioner to decide many outcomes \"as if\" the Territory Act continued, then to notify ASIC — but it does not specify detailed matching, reconciliation or quality‑assurance steps for the data transfer (section 5).\n- Compliance burden shifts to businesses that must follow ASIC processes going forward. For a narrow set of late‑filed matters, the Commissioner may refuse acceptance and require direct ASIC action (sections 8 and 13), which imposes an additional step.\n- Bureaucratic discretion is significant in transitional determinations (sections 9, 14–15, 20). The Act provides protection from liability for officials acting in good faith (section 26), reducing providers’ exposure but concentrating the practical consequences of decisions in administrative hands.\n\n\nKey sections to read first: sections 5–7 (data transfer and notices), sections 8–15 (how pending applications and notices are treated), sections 16–20 (appeals and cancellations), section 21 (offence while a name is \"held\"), sections 22–24 (continuing offences/rights), section 26 (officials’ protection), section 29 (repeal), and the Schedule (consequential amendments).\n"},"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-national-uniform-legislation-implementation-act-2012","history":"/api/acts/business-names-national-uniform-legislation-implementation-act-2012/history","analysis":"/api/acts/business-names-national-uniform-legislation-implementation-act-2012/analysis","conflicts":"/api/acts/business-names-national-uniform-legislation-implementation-act-2012/conflicts","importantCases":"/api/acts/business-names-national-uniform-legislation-implementation-act-2012/important-cases","documents":"/api/acts/business-names-national-uniform-legislation-implementation-act-2012/documents"}}