34Refusal to register

#### 34 Refusal to register (1) If ASIC refuses an application for registration of a business name to an entity, it must: (a) give written notice to the applicant of the refusal and the reasons for refusal; and (b) if the applicant has paid the registration fee—refund the registration fee to the applicant. (2) If ASIC has not decided an application for registration of a business name to an entity within 28 days after the application is lodged, the entity may, at any time, lodge with ASIC notice that the entity wishes to treat the application as having been refused. (3) The notice under subsection (2): (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner. (4) If an entity lodges notice under subsection (2): (a) for the purposes of Part 7 (Review), ASIC is taken to have refused the entity’s application for registration on the day on which the notice is lodged; and (b) if the entity has paid the registration fee—ASIC must refund the registration fee to the applicant. (5) For the purposes of counting the 28 days mentioned in subsection (2), disregard each period (if any): (a) starting on the day when ASIC requests the entity under subsection 24(2) to give ASIC specified information or a specified document; and (b) ending at the end of the day the entity gives ASIC the specified information or specified document.