{"id":"C2011A00128","name":"Business Names Registration (Fees) Act 2011","slug":"business-names-registration-fees-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"128 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8244,"registerId":"commonwealth-C2011A00128-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Business Names Registration (Fees) Act 2011.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

3 November 2011

2. Sections 3 to 7

At the same time as section 3 of the Business Names Registration Act 2011 commences.

20 April 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n (1) In this Act:\n\n> chargeable matter means any of the following under the Business Names Registration Act 2011 or the Business Names Registration (Transitional and Consequential Provisions) Act 2011:\n\n (a) a registration of a business name to an entity;\n (b) a renewal of the registration of a business name to an entity;\n (c) an application by an entity for an extract of the Business Names Register.\n (2) Other expressions used in this Act that are defined in the Business Names Registration Act 2011 have the same meanings as they have in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Imposition of fees for chargeable matters","content":"#### 4 Imposition of fees for chargeable matters\n\n (1) Subject to section 5, the regulations may prescribe fees for chargeable matters.\n (2) The fees prescribed by the regulations for chargeable matters are imposed, and are so imposed as taxes.\n (3) Two or more fees may be prescribed for the same chargeable matter.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Matters relating to amount of fees","content":"#### 5 Matters relating to amount of fees\n\n (1) The regulations may prescribe a fee for a chargeable matter:\n (a) by specifying an amount (not exceeding $10,000) as the fee; or\n (b) by specifying a method for calculating the amount of the fee.\n\n> Note: The limitation in paragraph (a) applies separately to each fee imposed if more than one fee is prescribed for the same chargeable matter (see subsection 4(3)).\n\n (2) The fee for a chargeable matter need not bear any relationship to the cost of providing any service that forms part of, or is related to, that matter.\n (3) The fee, or the sum of the fees, for a chargeable matter must not exceed $50,000.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Different fees for electronic compliance in relation to a chargeable matter","content":"#### 6 Different fees for electronic compliance in relation to a chargeable matter\n\n Without limiting sections 4 and 5, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to whether the matter is complied with by electronic means.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"#### 7 Regulations\n\n The Governor‑General may make regulations for the purposes of sections 4, 5 and 6.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the Act text, the scope is to enable regulations to prescribe fees for the chargeable matters defined in s3 and to set limits and classification rules (ss4–6). The Act itself does not expand or narrow who may be charged beyond those chargeable matters or set fees directly, so its functional scope remains the regulatory fee-setting power and its statutory limits."},"complexity_factors":["Delegation to delegated legislation: the Act does not set fees itself but leaves fee design and collection mechanics to regulations (s4, s7).","Cross-references to the Business Names Registration Act for defined terms and the set of chargeable matters (s3).","Allowance for multiple fees for the same chargeable matter, with both per-fee and aggregate caps (s4(3), s5(1)(a) note, s5(3)).","Flexible fee forms: fees may be fixed amounts or calculated by method, requiring reg-makers to specify formulas and implement them (s5(1)).","Legal classification of fees as 'taxes' affects revenue treatment and legal character of obligations (s4(2)).","Fees may be set without relation to service cost, which affects incentive and cost-recovery assessments (s5(2)).","Permitted differentiation between electronic and non-electronic compliance introduces administrative design choices (s6).","Commencement timing tied to another Act creates sequencing dependencies for implementation (s2)."],"plain_english_summary":"This Act authorises regulations to set fees (imposed as taxes) for business-name registrations, renewals and extracts, payable by the registering entity (ss3–4). Regulations may set each fee as a fixed amount (not over $10,000) or by formula and the total chargeable for a matter cannot exceed $50,000; fees need not reflect service cost and may vary for electronic lodgements (ss5–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing the framework for fees related to business name registration. It has not expanded beyond this specific function."},"complexity_factors":["Only 7 short sections total","Single defined term ('chargeable matter') with straightforward definition","Minimal cross-referencing (only to the main Business Names Registration Act 2011 for definitions)","Simple conditional structure: one main limitation (section 5) with straightforward caps ($10,000 per fee, $50,000 total)","No nested exceptions or complex logical operators","Clear purpose-built scope with no scope creep evident"],"plain_english_summary":"This law sets up a system for charging fees when businesses register or renew their business names with the government.\n\n**What it does:**\n- Allows the government to charge fees for three main things:\n - **Registering a business name** — when a business first registers its trading name\n - **Renewing a business name** — keeping the registration current\n - **Getting extracts from the register** — official copies of registration records\n\n**Who it affects:**\n- Anyone who wants to register or maintain a business name in Australia\n- The fees are set by regulations (rules made by the government), not directly in this Act\n\n**Key features:**\n- Fees are treated as **taxes** under the law\n- Individual fees can't exceed **$10,000**\n- Total fees for any single matter can't exceed **$50,000**\n- Fees can be different depending on whether you apply **online or on paper** (electronic vs non-electronic)\n- The fee amount **doesn't have to match** the actual cost of processing the application\n\n**Why it matters:**\nThis is a \"machinery\" law that works alongside the main Business Names Registration Act. It gives the government legal authority to collect money for business name services, while keeping the actual dollar amounts flexible so they can be adjusted without needing new laws passed through Parliament."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: providing the legislative authority to impose and collect fees (characterised as taxes) for business name registrations, renewals, and register extracts. No scope creep or significant expansion from original intent is evident."},"complexity_factors":["Short Act with only 7 sections — minimal content to navigate","Relies on external regulations for actual fee amounts, creating a two-document dependency","References two companion Acts (Business Names Registration Act 2011 and the Transitional Act) for definitions and context","The constitutional classification of fees as 'taxes' has legal significance not immediately obvious to laypersons","Dual fee cap structure (per-fee cap of $10,000 and aggregate cap of $50,000) requires careful reading to understand"],"plain_english_summary":"This Act authorises the Commonwealth to impose fees for dealing with the national business names register — affecting anyone who registers, renews or requests extracts for a business name. It makes those fees legally \"taxes\" and leaves actual dollar amounts to separate regulations.\n\nKey limits: individual fees capped at $10,000 and total per transaction at $50,000; regulations may set lower online fees and need not match actual processing costs."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/business-names-registration-fees-act-2011","history":"/api/acts/business-names-registration-fees-act-2011/history","analysis":"/api/acts/business-names-registration-fees-act-2011/analysis","conflicts":"/api/acts/business-names-registration-fees-act-2011/conflicts","importantCases":"/api/acts/business-names-registration-fees-act-2011/important-cases","documents":"/api/acts/business-names-registration-fees-act-2011/documents"}}