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Business Names Registration Act 2011
54Business name held during review period for cancellation decision
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#### 54 Business name held during review period for cancellation decision
(1) If ASIC cancels the registration of a business name to an entity:
(a) the business name is held during the review period in relation to that decision; and
(b) the entity does not commit an offence under subsection 18(1) if the entity carries on a business under the business name during the review period in relation to that decision.
> Note: A defendant bears an evidential burden in relation to the matters in paragraph (1)(b): see subsection 13.3(3) of the Criminal Code.
(2) The review period, in relation to a decision to cancel the registration of a business name to an entity, is:
(a) a period of 4 months beginning on the day on which the entity is notified of the decision under section 52; or
(b) if ASIC determines a longer period under subsection (3)—that longer period.
(3) ASIC may determine in writing a longer review period. The determination is not a legislative instrument.
(4) ASIC must give a copy of the determination to the entity.