{"id":"F2011L02406","name":"Business Names Registration Regulations 2011","slug":"business-names-registration-regulations-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"214 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":88203,"registerId":"commonwealth-F2011L02406-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Business Names Registration Regulations 2011.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In these Regulations:\n\n> Act means the Business Names Registration Act 2011.\n\n> alternative contact details means contact details that:\n\n    (a) are provided by an entity to which a business name is, or is to be, registered; and\n    (b) are not required by the Act or these Regulations; and\n    (c) are provided for use by ASIC or a body mentioned in section 62 of the Act.\n\n> Register means the Business Names Register established and maintained under subsection 22(1) of the Act.\n\n> Note: Other words used in these Regulations have the meaning given by section 3 of the Act, for example:\n\n    • ABN\n    • ASIC\n    • business name\n    • entity\n    • notified successor.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Carrying on a business under unregistered business name—offence does not apply","content":"#### 4 Carrying on a business under unregistered business name—offence does not apply\n\n  (1) For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under the domain name form of a business name that:\n    (a) is registered to the entity; and\n    (b) the entity is not prevented from using as a domain name.\n\n> Note: Example for paragraph (a)\n\n> Note: Carrying on a business under ‘fredsfish.com.au’ if the business name registered to an entity is ‘Fred’s Fish’.\n\n> Note: Example for paragraph (b)\n\n> Note: If the business name registered to an entity is ‘Fred’s Fish’, it does not automatically follow that the entity has access to all forms of ‘Fred’s Fish’ as domain names. The entity may have the domain name ‘fredsfish.com.au’ while a different entity may have the domain name ‘fredsfish.org’, which is a domain name that the first entity would be prevented from using.\n\n  (2) For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under a business name resulting from excluding one or more host names or domain extensions of a business name that is:\n    (a) a domain name; and\n    (b) registered to the entity.\n\n> Note: Examples\n\n> Note: 1 Carrying on a business under the name ‘Freds Fish’ or ‘fredsfish.com’ if the business name registered to the entity is ‘fredsfish.com.au’.\n\n> Note: 2 ‘www’ is a host name.\n\n> Note: 3 ‘net’, ‘org’ and ‘com’ are domain extensions.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Not including business name in written communications—offence does not apply","content":"#### 5 Not including business name in written communications—offence does not apply\n\n  (1) For paragraph 19(4)(i) of the Act, a circumstance in which the offence in subsection 19(1) of the Act does not apply is the inclusion by an entity of a domain name form of a business name registered to the entity, in a business document connected with carrying on the business under the name.\n  (2) For paragraph 19(4)(i) of the Act, a circumstance in which the offence in subsection 19(1) of the Act does not apply is the inclusion by an entity of a business name resulting from excluding one or more host names or domain extensions of a business name that is:\n    (a) a domain name; and\n    (b) registered to the entity;\n  in a business document connected with carrying on the business under the name.\n\n> Note: Examples\n\n> Note: 1 ‘www’ is a host name.\n\n> Note: 2 ‘net’, ‘org’ and ‘com’ are domain extensions.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Not displaying business name at places open to the public—offence does not apply","content":"#### 6 Not displaying business name at places open to the public—offence does not apply\n\n  For paragraph 20(2)(i) of the Act, a circumstance in which the offence in subsection 20(1) of the Act does not apply is the prominent display by an entity, at every place open to the public at which the entity carries on the business, of either of the following:\n    (a) a domain name form of a business name registered to the entity;\n    (b) a business name resulting from excluding one or more host names or domain extensions of a business name that is:\n    (i) a domain name; and\n    (ii) registered to the entity.\n\n> Note: Examples\n\n> Note: 1 ‘www’ is a host name.\n\n> Note: 2 ‘net’, ‘org’ and ‘com’ are domain extensions.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Details that may be included in Register","content":"#### 7 Details that may be included in Register\n\n  (1) For subsection 33(7) of the Act, the following details are prescribed:\n    (a) contact details of an entity;\n    (b) any alternative contact details provided by an entity;\n    (c) the home address of an entity that is an individual;\n    (d) if a home address is provided as the principal place of business in Australia of an entity that is an individual—that the address is a home address;\n    (e) the date and place of birth of an entity that is an individual;\n    (f) whether a business name is currently registered to an entity;\n    (g) whether the registration of a business name to an entity has been cancelled;\n    (h) whether an application has been lodged for review of a decision to cancel the registration of a business name to an entity;\n    (i) a record of the day when a detail mentioned in subsection 33(1) of the Act or in this subregulation was included in the Register.\n  (2) A reference in subregulation (1) to an entity is a reference to an entity that has or has had a business name registered to the entity.\n\n> Note: Subsection 33(7) of the Act provides that the Register may include prescribed details. Other details to be included in the Register are set out in subsection 33(1) of the Act and in regulations 4 and 5 of the Business Names Registration (Transitional and Consequential Provisions) Regulations 2011.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Details of notified successor that may be included in Register","content":"#### 8 Details of notified successor that may be included in Register\n\n  For subsection 40(4) of the Act, the following details are prescribed:\n    (a) the contact details of the notified successor;\n    (b) any alternative contact details provided by the notified successor;\n    (c) the way in which the notified successor is expected to inherit assets used by a deceased person in carrying on a business under the business name;\n    (d) the relationship of the notified successor to the deceased person;\n    (e) the date and place of birth of the notified successor if the notified successor is an entity that is an individual;\n    (f) the notified successor’s ABN, if any.\n\n> Note: Subsection 40(4) of the Act provides that ASIC may enter the name of an entity as a notified successor in relation to a business name, and other prescribed details, if the entity lodges a notice with ASIC in accordance with subsections 40(1) and (2) of the Act.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Accessing Register by request","content":"#### 9 Accessing Register by request\n\n  For subsection 60(5) of the Act, the following details are to be excised from a copy of an entry in the Register before it is given to any person:\n    (a) the date and place of birth of:\n    (i) an entity that is an individual; or\n    (ii) any other person, if those details were provided in accordance with subsection 23(6) of the Act;\n    (b) any alternative contact details provided by an entity;\n    (c) the home address of an entity that is an individual;\n    (d) if a home address is provided as the principal place of business in Australia of an entity that is an individual—all of the address other than the suburb and the State or Territory in which the entity lives;\n    (e) the details for the notified successor mentioned in paragraphs 8(c), (d) and (e).\n\n> Note: Details that ASIC must not disclose under subsection 60(6) of the Act must also be excised from the copy of the entry—see paragraph 60(4)(b) of the Act. Also, personal information on the Register that was previously suppressed under State or Territory registration laws cannot be disclosed in a copy of an entry—see item 26 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Publicly available information","content":"#### 10 Publicly available information\n\n  (1) For section 61 of the Act, the following details about a particular business name or entity are prescribed as details that ASIC must make publicly available on the internet or otherwise free of charge:\n    (a) the business name;\n    (b) the entity’s name or, if more than one entity jointly registers a name, the entities to which a business name is registered;\n    (c) the entity’s ABN, if any;\n    (d) the address of the entity’s principal place of business in Australia;\n    (e) an address in Australia for service of documents;\n    (f) whether the business name is currently registered and the date its registration is due for renewal;\n    (g) whether the business name is currently registered or has been cancelled;\n    (h) whether an application has been lodged for review of a decision to cancel the registration of the business name to the entity;\n    (i) State or Territory of registration, and State or Territory registration number;\n    (j) date of registration;\n    (k) names of debtor representative and notified successor;\n    (l) any word or expression nominated by ASIC in accordance with item 18 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.\n  (2) If:\n    (a) the entity is an individual; and\n    (b) the address mentioned in paragraph (1)(d) is the entity’s home address;\n  ASIC must only make publicly available the suburb and the State or Territory in which the entity lives.\n  (3) ASIC must not make information publicly available if it is prevented from disclosing the information under subsection 60(6) of the Act.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Certain information to be made available to government bodies","content":"#### 11 Certain information to be made available to government bodies\n\n  For section 62 of the Act, the details recorded in the Register which ASIC must make available to:\n    (a) a government body; or\n    (b) an intelligence or security agency;\n  in accordance with that section are all details recorded in the Register.\n\n> Note: Examples\n\n> Note: 1 An entity’s alternative contact details.\n\n> Note: 2 An individual’s date of birth.\n\n> Note: 3 An individual’s place of birth.\n\n> Note: 4 The home address of an entity that is an individual.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Destruction or disposal of documents","content":"#### 12 Destruction or disposal of documents\n\n  For subparagraph 74(b)(i) of the Act, the period during which a document must be in ASIC’s possession is 7 years.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of functions and powers","content":"#### 13 Delegation of functions and powers\n\n  For the purposes of subsection 80(1) of the Act, the Minister’s functions and powers under the following provisions are prescribed:\n    (a) subsections 27(2), 28(2) and 32(3) of the Act;\n    (b) subsections 9(1) and (2) of the Business Names Registration (Availability of Names) Determination 2015 to the extent that each exercise of power under either of those subsections is in relation to a particular entity or business.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Persons who may receive notice for entities that have ceased to exist","content":"#### 14 Persons who may receive notice for entities that have ceased to exist\n\n  (1) For section 89 of the Act, a person or class of persons mentioned in column 3 of an item in the table is prescribed in relation to the matter mentioned in column 2 of the item.\n\n| Item | Matter                                                                                                                                                                    | Class of persons                                                                                                                                                                                                                                                                                                                             |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was being wound up immediately before its deregistration | Liquidators appointed to wind up the body corporate                                                                                                                                                                                                                                                                                          |\n| 2    | For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was not being wound up immediately before deregistration | Persons who were directors of the body corporate immediately before its deregistration                                                                                                                                                                                                                                                       |\n| 3    | For notices to be taken to have been given to an entity that was a partnership                                                                                            | A person nominated in accordance with section 82 of the Act as the principal contact of the partnershipIf no person has been nominated in accordance with section 82 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act |\n| 4    | For notices to be taken to have been given to an entity that was an unincorporated association or body                                                                    | A person nominated in accordance with section 84 of the Act as the principal contact of the associationIf no person has been nominated in accordance with section 84 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act |\n| 5    | For notices to be taken to have been given to an entity that was a trust                                                                                                  | A person nominated in accordance with section 86 of the Act as the principal contact of the trustIf no person has been nominated in accordance with section 86 of the Act, a person with the address in Australia for service of documents, to the entity, that was entered on the Register as required by paragraph 33(1)(d) of the Act     |\n\n  (2) In this regulation:\n\n> deregistered has the meaning given by section 9 of the Corporations Act 2001.","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Modifications of the Act","content":"#### 15 Modifications of the Act\n\n  For subsection 6(2) of the Act, Schedule 1 to the Act applies as if it were modified by Schedule 1.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018","content":"#### 16 Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018\n\n  (1) The amendment made by item 1 of Schedule 1 to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018 applies in relation to applications made under subsection 32(3) of the Business Names Registration Act 2011 on or after the commencement of that item.\n  (2) The amendment made by item 1 of Schedule 1 to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018 does not affect the continuity of any instrument of delegation in force under subsection 80(1) of the Business Names Registration Act 2011 immediately before the commencement of that item.","sortOrder":14}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Business Names Registration Act 2011. The provisions cover registration mechanics, public access, privacy protections, and administrative procedures — all core to the original legislative intent. No significant scope creep is evident."},"complexity_factors":["Heavy cross-referencing to the parent Act (Business Names Registration Act 2011) and other legislation (Corporations Act 2001, Transitional and Consequential Provisions Act/Regulations)","Nested conditional logic in sections 4–6 with multiple qualifying paragraphs (a) and (b) for domain name exceptions","Multiple defined terms in section 3 that rely on external definitions from the Act (ABN, ASIC, entity, notified successor)","Table-based prescription of persons in section 14 with fallback conditions ('If no person has been nominated...')","Privacy protection rules with multiple exceptions and carve-outs (sections 9–10) requiring careful parsing of what must be excised vs. what may be disclosed","Modification provision in section 15 that applies Schedule 1 modifications to the Act without reproducing them"],"plain_english_summary":"These regulations govern how business names are registered and managed in Australia, creating exceptions for trading under registered domain-name variations, defining what information appears on the public register while protecting sensitive personal details, allowing government and security agencies full access, requiring ASIC to retain documents for seven years, and specifying who may be notified when an entity ceases to exist.\n\nThey affect anyone registering a business name, ASIC, government/security bodies, and insolvency or former representatives, balancing public transparency with individual privacy."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations primarily implement and clarify operational aspects of the Business Names Registration Act 2011 (use of domain-name forms, Register fields, redaction and disclosure rules, retention and delegation). They do not expand the Act’s substantive reach beyond its original purpose; rather they specify how the Act is to be applied and how certain statutory powers are to be exercised. The saving and delegation provisions (regs 13 and 16) preserve continuity of existing arrangements rather than broadening scope."},"complexity_factors":["Multiple cross-references to the Business Names Registration Act 2011 (regs 4–6 reference ss 18–20; regs 7–11 reference ss 33, 40, 60–62; regs 12–16 reference ss 74, 80, 89, 6 and transitional instruments)","Several conditional exceptions (particularly in regs 4–6: domain-name form allowed only if registered to the entity and not prevented from use)","Prescriptive lists of recordable fields (reg 7) and publicly available fields (reg 10) requiring careful mapping to Act definitions","Redaction rules with multiple itemised fields to be excised when a copy is requested (reg 9)","Interaction with other instruments and transitional provisions (references to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 and the Availability of Names Determination 2015)","Delegation carve-outs and a saving provision (regs 13 and 16) that require attention to continuity of existing delegations","Relatively short length and limited number of complicated definitions within the Regulations themselves (simplicity offset by cross-references)"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- They spell out detailed rules that support the Business Names Registration Act 2011. In particular they:  \n  - allow certain uses of domain-name forms as equivalent to a registered business name for the purposes of some offences and display/communication requirements (regs 4–6);  \n  - prescribe which specific items of information may be recorded on the Business Names Register (reg 7) and what notified-successor details may be recorded (reg 8);  \n  - require certain sensitive details to be removed (excised) from any copy of a Register entry given to a requester (reg 9);  \n  - list which items must be made publicly available (free, online) about a business name or registrant and limit public exposure of a sole trader's home address (reg 10);  \n  - require ASIC to make all register details available to government bodies and intelligence/security agencies (reg 11);  \n  - fix a 7-year minimum retention period for documents kept by ASIC (reg 12);  \n  - prescribe which Ministerial functions may be delegated (reg 13);  \n  - set who may be treated as having received notices for entities that have ceased to exist (reg 14);  \n  - make a technical modification to how Schedule 1 of the Act applies (reg 15); and  \n  - confirm application and saving rules for a 2018 amending regulation (reg 16).\n\nWho this affects and why it matters\n\n- Business owners and entities that register (or wish to register) a business name: they must comply with practical rules about how they can display and use business names in domain form, what information will appear on the public register, and what information will be withheld from publicly released copies (regs 4–11).  \n- Individuals who are registrants (sole traders): their home address and date/place of birth can be recorded on the Register (reg 7) but public exposure of home addresses is limited to suburb and State/Territory only (reg 10(2)); sensitive fields are excised from copies released on request (reg 9).  \n- ASIC (the corporate regulator) and government/intelligence agencies: ASIC is given a clear list of what it must publish publicly and what it must make available to government bodies (regs 10–11).  \n- Persons acting for ceased entities (liquidators, former directors, nominated principal contacts): the regs list who can receive notices where an entity has been deregistered or wound up (reg 14).  \n\nSource's stated purpose and a short, neutral test of trade-offs\n\n- The Regulations implement the Act’s operational details: they aim to clarify when use of domain-name forms satisfies legal display and naming requirements, and to set precise boundaries between public disclosure and privacy/protected information on the Register (see regs 4–11). The source’s apparent balance is transparency for the market and enforcement (public availability and government access) against privacy protections (excisions and limited address disclosure for individuals).\n\n- Costs and incentives, stated mechanically:  \n  - Compliance costs fall on registrants: they must choose which contact and address details to provide and ensure their communications/displays meet the permitted forms (regs 4–6, 7).  \n  - Privacy trade-offs: ASIC will publish key business-identifying fields (e.g. principal place of business, ABN, registration status) but will withhold or redact sensitive personal details from public copies (regs 9–10).  \n  - Administrative burden and discretion: ASIC must implement redaction rules, maintain public web access, and fulfil broader disclosure obligations to government and security agencies (regs 9–11). The Minister may delegate specified functions (reg 13), which shifts who exercises decision-making power within government.\n\nPractical effects on private enterprise and market behaviour (concrete, not ideological)\n\n- Online businesses: the Regulations reduce a technical compliance barrier by expressly allowing an entity to carry on business under a domain-name form of its registered business name (regs 4–6). That lowers the risk of an offence for using a website-style name where the registrant also holds that domain form.  \n- Information availability: buyers, suppliers and counterparties get access to consistent public information about registrants (reg 10). That can lower search frictions and transaction costs but also increases public visibility of some registrant details.  \n- Concentration of benefit and diffuse costs: the benefit of being able to rely on domain-name forms is concentrated (entities that hold the corresponding domain names). The costs of maintaining the Register, redaction rules and disclosures are borne mainly by ASIC and borne indirectly by all registrants through compliance and data-provision requirements.\n\nImplementation risks and compliance points to watch\n\n- Correct use and proof of domain-name forms: the regs permit use only where the domain-name form is registered to the entity and the entity is not prevented from using it (reg 4(1)(a)–(b)). Entities must ensure domain ownership and absence of third‑party restrictions before relying on the exceptions.  \n- Redaction and data-handling workload: ASIC must excise specified fields before releasing entries (reg 9) and must make all register details available to government bodies (reg 11). Those opposing disclosure must rely on the Act’s separate secrecy restrictions (referenced at reg 10(3) and reg 9 notes).  \n- Delegation scope: the Minister may delegate enumerated powers (reg 13), and decisions made under delegated authority can affect name availability and other entity-specific matters (reg 13(b) cross-referring to the Availability of Names Determination).\n\nBottom-line, in plain terms\n\n- These Regulations set the nuts-and-bolts: they allow certain domain-name forms to serve as business names for compliance purposes; they list exactly what information the Business Names Register holds and what is publicly visible; they require redaction of sensitive personal data when copies are supplied; and they confirm data-sharing, retention and delegation arrangements for ASIC and government bodies (regs 4–16)."}},"importantCases":[],"_links":{"self":"/api/acts/business-names-registration-regulations-2011","history":"/api/acts/business-names-registration-regulations-2011/history","analysis":"/api/acts/business-names-registration-regulations-2011/analysis","conflicts":"/api/acts/business-names-registration-regulations-2011/conflicts","importantCases":"/api/acts/business-names-registration-regulations-2011/important-cases","documents":"/api/acts/business-names-registration-regulations-2011/documents"}}