{"id":"F2016L01115","name":"Territories Legislation Amendment Act Transitional Rule (Business Names Registration) 2016","slug":"territories-legislation-amendment-act-transitional-rule-business-names-registration-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129373,"registerId":"commonwealth-F2016L01115-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of rule","content":"#### 1 Name of rule\n\n  This rule is the Territories Legislation Amendment Act Transitional Rule (Business Names Registration) 2016.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This rule commences, or is taken to have commenced, on 1 July 2016.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this rule:\n\n> Business Names Register means the register established and maintained by ASIC under section 22 of the Business Names Registration Act 2011.\n\n> ASIC means the Australian Securities and Investments Commission.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional rule","content":"## Part 1—Preliminary\n\n#### 1 Name of rule\n\n  This rule is the Territories Legislation Amendment Act Transitional Rule (Business Names Registration) 2016.\n\n#### 2 Commencement\n\n  This rule commences, or is taken to have commenced, on 1 July 2016.\n\n#### 3 Authority\n\n  This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016.\n\n#### 4 Definitions\n\n  In this rule:\n\n> Business Names Register means the register established and maintained by ASIC under section 22 of the Business Names Registration Act 2011.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n## Part 2—Transitional rule\n\n#### 5 Purpose\n\n  (1) This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016 (which provides for the Minister to make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Schedule 5 to that Act).\n  (2) Schedule 5 to the Territories Legislation Amendment Act 2016 extends all Commonwealth laws to Norfolk Island, unless a particular Act expressly provides otherwise. This rule prescribes transitional matters in relation to the transfer of the Norfolk Island register of business names to the Business Names Register and other consequential matters, on the application of the Business Names Registration Act 2011 to Norfolk Island from 1 July 2016.\n\n#### 6 Application of Business Names Registration Act 2011 to Norfolk Island\n\n  (1) The Business Names Registration Act 2011 has effect with the modifications set out in this rule.\n  (2) The register of business names maintained under the Business Names Act 1976 of Norfolk Island is a notified State/Territory register for the purposes of the Business Names Registration Act 2011.\n  (3) Subsections 18(1), 19(1) 20(1) and 21(1) of the Business Names Registration Act 2011 do not apply to an entity carrying on business under a name if:\n  (a) the name is registered to the entity on the register of business names maintained under the Business Names Act 1976 of Norfolk Island; or\n  (b) the name is the domain name form of a business name that is so registered, and the entity is not prevented from using the domain name form as a domain name; or\n  (c) the name results from excluding one or more host names or domain extensions of a business name that is a domain name and is so registered; or\n  (d) the entity is a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments, and the name is the company’s name.\n  (4) For the purposes of section 38 of the Business Names Registration Act 2011, each of the following is a debtor representative of a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments:\n  (a) a receiver or a manager; or\n  (b) an official manager or deputy official manager; or\n  (c) a liquidator or provisional liquidator; or\n  (d) a trustee or other person administering a compromise or arrangement made between a company and another entity;\n  appointed under the Companies Act 1985 of Norfolk Island.\n  (5) For the purposes of section 38 of the Business Names Registration Act 2011, trustee in bankruptcy includes:\n  (a) the official trustee appointed under Part 2 of the Bankruptcy Act 2006 of Norfolk Island; and\n  (b) a trustee elected under Part 4 of the Bankruptcy Act 2006 of Norfolk Island; and\n  (c) a trustee appointed under section 183 of the Bankruptcy Act 2006 of Norfolk Island.\n\n#### 7 Application of Business Names Registration (Transitional and Consequential Provisions) Act 2011 to Norfolk Island\n\n  The Business Names Registration (Transitional and Consequential Provisions) Act 2011 has effect with the following modifications:\n  (a) the change-over day is 5 September 2016 for business names registered under the Business Names Act 1976 of Norfolk Island;\n  (b) the person responsible for registration in a State or Territory is, in the case of Norfolk Island, the Registrar within the meaning of the Business Names Act 1976 of Norfolk Island;\n  (c) the registration law of Norfolk Island is the Business Names Act 1976 of Norfolk Island.\n\n#### 8 Administration of the Business Names Register\n\n  (1) The Australian Securities and Investments Commission Act 2001 applies in Norfolk Island to the extent required to enable ASIC to perform its functions, and exercise its powers, under the Business Names Registration Act 2011. This application is in addition to any other application of the Australian Securities and Investments Commission Act 2001.\n  Note: As this transitional rule applying the Australian Securities and Investment Commission Act 2001 is made under item 5 of schedule 5 of the Territories Legislation Amendment Act 2016, it does not create an offence or civil penalty, provide powers of arrest, detention, search or seizure, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund or directly amend the text of the Territories Legislation Amendment Act 2016.\n  (2) The registration of new business names in Norfolk Island must only be done in accordance with the Business Names Registration Act 2011 from 1 July 2016.\n  (3) The renewal of business names and notification of a change in the particulars relating to business names registered under the Business Names Act 1976 of Norfolk Island can be done only under that Act until 4 September 2016.\n  (4) Despite any other law of the Commonwealth, before 5 September 2016 the Registrar within the meaning of the Business Names Act 1976 of Norfolk Island must notify ASIC in relation to business names registered under the Business Names Act 1976 of Norfolk Island up to and including 4 September 2016.\n  (5) Despite any other law of the Commonwealth, from 1 July 2016 ASIC may publish business names registered under the Business Names Act 1976 of Norfolk Island.\n\n#### 9 Expiry of transitional provisions\n\n  (1) Subrule 6(1) and paragraphs 6(2)(a), (b) and (c) cease to have effect at the start of 5 September 2016.\n  (2) Paragraph 6(3)(d) and subrule 6(4) cease to have effect once the Corporations Act 2001 is extended to apply in Norfolk Island in full.\n  (3) Subrule 6(5) ceases to have effect once the Bankruptcy Act 1966 is extended to apply in Norfolk Island in full.\n  (4) Subrule 8(1) ceases to have effect once the Australian Securities and Investments Commission Act 2001 is extended to apply in Norfolk Island in full.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Purpose","content":"#### 5 Purpose\n\n  (1) This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016 (which provides for the Minister to make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Schedule 5 to that Act).\n  (2) Schedule 5 to the Territories Legislation Amendment Act 2016 extends all Commonwealth laws to Norfolk Island, unless a particular Act expressly provides otherwise. This rule prescribes transitional matters in relation to the transfer of the Norfolk Island register of business names to the Business Names Register and other consequential matters, on the application of the Business Names Registration Act 2011 to Norfolk Island from 1 July 2016.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Business Names Registration Act 2011 to Norfolk Island","content":"#### 6 Application of Business Names Registration Act 2011 to Norfolk Island\n\n  (1) The Business Names Registration Act 2011 has effect with the modifications set out in this rule.\n  (2) The register of business names maintained under the Business Names Act 1976 of Norfolk Island is a notified State/Territory register for the purposes of the Business Names Registration Act 2011.\n  (3) Subsections 18(1), 19(1) 20(1) and 21(1) of the Business Names Registration Act 2011 do not apply to an entity carrying on business under a name if:\n  (a) the name is registered to the entity on the register of business names maintained under the Business Names Act 1976 of Norfolk Island; or\n  (b) the name is the domain name form of a business name that is so registered, and the entity is not prevented from using the domain name form as a domain name; or\n  (c) the name results from excluding one or more host names or domain extensions of a business name that is a domain name and is so registered; or\n  (d) the entity is a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments, and the name is the company’s name.\n  (4) For the purposes of section 38 of the Business Names Registration Act 2011, each of the following is a debtor representative of a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments:\n  (a) a receiver or a manager; or\n  (b) an official manager or deputy official manager; or\n  (c) a liquidator or provisional liquidator; or\n  (d) a trustee or other person administering a compromise or arrangement made between a company and another entity;\n  appointed under the Companies Act 1985 of Norfolk Island.\n  (5) For the purposes of section 38 of the Business Names Registration Act 2011, trustee in bankruptcy includes:\n  (a) the official trustee appointed under Part 2 of the Bankruptcy Act 2006 of Norfolk Island; and\n  (b) a trustee elected under Part 4 of the Bankruptcy Act 2006 of Norfolk Island; and\n  (c) a trustee appointed under section 183 of the Bankruptcy Act 2006 of Norfolk Island.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of Business Names Registration (Transitional and Consequential Provisions) Act 2011 to Norfolk Island","content":"#### 7 Application of Business Names Registration (Transitional and Consequential Provisions) Act 2011 to Norfolk Island\n\n  The Business Names Registration (Transitional and Consequential Provisions) Act 2011 has effect with the following modifications:\n  (a) the change-over day is 5 September 2016 for business names registered under the Business Names Act 1976 of Norfolk Island;\n  (b) the person responsible for registration in a State or Territory is, in the case of Norfolk Island, the Registrar within the meaning of the Business Names Act 1976 of Norfolk Island;\n  (c) the registration law of Norfolk Island is the Business Names Act 1976 of Norfolk Island.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Administration of the Business Names Register","content":"#### 8 Administration of the Business Names Register\n\n  (1) The Australian Securities and Investments Commission Act 2001 applies in Norfolk Island to the extent required to enable ASIC to perform its functions, and exercise its powers, under the Business Names Registration Act 2011. This application is in addition to any other application of the Australian Securities and Investments Commission Act 2001.\n  Note: As this transitional rule applying the Australian Securities and Investment Commission Act 2001 is made under item 5 of schedule 5 of the Territories Legislation Amendment Act 2016, it does not create an offence or civil penalty, provide powers of arrest, detention, search or seizure, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund or directly amend the text of the Territories Legislation Amendment Act 2016.\n  (2) The registration of new business names in Norfolk Island must only be done in accordance with the Business Names Registration Act 2011 from 1 July 2016.\n  (3) The renewal of business names and notification of a change in the particulars relating to business names registered under the Business Names Act 1976 of Norfolk Island can be done only under that Act until 4 September 2016.\n  (4) Despite any other law of the Commonwealth, before 5 September 2016 the Registrar within the meaning of the Business Names Act 1976 of Norfolk Island must notify ASIC in relation to business names registered under the Business Names Act 1976 of Norfolk Island up to and including 4 September 2016.\n  (5) Despite any other law of the Commonwealth, from 1 July 2016 ASIC may publish business names registered under the Business Names Act 1976 of Norfolk Island.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Expiry of transitional provisions","content":"#### 9 Expiry of transitional provisions\n\n  (1) Subrule 6(1) and paragraphs 6(2)(a), (b) and (c) cease to have effect at the start of 5 September 2016.\n  (2) Paragraph 6(3)(d) and subrule 6(4) cease to have effect once the Corporations Act 2001 is extended to apply in Norfolk Island in full.\n  (3) Subrule 6(5) ceases to have effect once the Bankruptcy Act 1966 is extended to apply in Norfolk Island in full.\n  (4) Subrule 8(1) ceases to have effect once the Australian Securities and Investments Commission Act 2001 is extended to apply in Norfolk Island in full.","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The rule does not expand Commonwealth law generally but changes the territorial application of the Business Names Registration framework for Norfolk Island: it transfers the local register into the national register, imposes ASIC administration for new registrations from 1 July 2016, creates temporary exemptions and notification duties for the Norfolk Registrar, and stages expiry of those transitional modifications (see sections 6–9)."},"complexity_factors":["Temporal staging: different treatment between 1 July 2016 and change‑over day 5 September 2016 (sections 5, 7, 8(2)–(4))","Cross‑legislative references: relies on multiple external Acts (Business Names Registration Act 2011; Business Names Act 1976 (NI); Corporations Act 2001; Bankruptcy Acts; Australian Securities and Investments Commission Act 2001) (sections 4, 6, 8, 9)","Targeted modifications: selective disapplication or modification of specific subsections of the Business Names Registration Act for Norfolk Island (section 6(1)–(3))","Role allocation and duties: shifts registration, notification and publication responsibilities between the Norfolk Registrar and ASIC (sections 7(b), 8(2)–(5))","Sunset and conditional expiry mechanics: several provisions cease on fixed date or when other Commonwealth Acts are extended to Norfolk Island in full (section 9)","Definitions and scope limited to Norfolk Island: confined territorial application reduces systemic complexity but requires mapping legacy local registers to the national register (section 4, 6(2))"],"plain_english_summary":"This transitional rule moves Norfolk Island’s business‑name system onto the national Business Names Register (administered by ASIC), makes ASIC responsible for new registrations from 1 July 2016 and sets a change‑over day of 5 September 2016 with temporary exemptions and notification duties for the Norfolk Registrar. It affects Norfolk Island businesses, the Island’s Registrar and ASIC because it changes who registers, publishes, renews and recognises business names during the transition and ties some exceptions to later extension of other Commonwealth Acts."},"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 legislation remains tightly focused on its original purpose: facilitating the transition of business name registration from Norfolk Island's local system to the national Commonwealth system. It does not expand beyond this transitional administrative function."},"complexity_factors":["Multiple cross-references to other Acts (Business Names Registration Act 2011, Business Names Registration (Transitional and Consequential Provisions) Act 2011, Australian Securities and Investments Commission Act 2001, Corporations Act 2001, Bankruptcy Act 1966, and Norfolk Island's Business Names Act 1976, Companies Act 1985, and Bankruptcy Act 2006)","Conditional expiry provisions in section 9 that depend on future legislative events (extension of other Acts to Norfolk Island)","Nested modifications to multiple Commonwealth Acts with specific carve-outs and exceptions","Dual dating system with specific cut-off dates (1 July 2016, 4 September 2016, 5 September 2016) creating overlapping jurisdictional periods","Technical distinctions between 'domain name forms', 'host names', and 'domain extensions' in section 6(3)","Duplicated content in the legislative text (Parts 1 and 2 appear to be repeated with different formatting)"],"plain_english_summary":"This transitional rule moves Norfolk Island’s business-name system from local law into Australia’s national Business Names Register administered by ASIC, with a short overlap so existing registrations remain valid and businesses aren’t forced to re‑apply immediately. It lets the Norfolk Island Registrar hand over records and gives ASIC authority to take over administration, preserving legal continuity for Norfolk Island businesses as the island’s self‑government arrangements were wound up."}},"importantCases":[],"_links":{"self":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016","history":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016/history","analysis":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016/analysis","conflicts":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016/conflicts","importantCases":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016/important-cases","documents":"/api/acts/territories-legislation-amendment-act-transitional-rule-business-names-registration-2016/documents"}}