9Meaning of referred business names matter

9 Meaning of referred business names matter

(1) Each of the following matters is a referred business names matter: (a) the registration of business names; (b) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity; (c) the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity; (d) the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity’s own; (e) the prohibition or restriction of the use of business names that are undesirable, offensive or confusing; (f) the prohibition or restriction of the use of business names by an entity because: (i) the entity has engaged in unlawful conduct; or (ii) a person involved in the management of the entity has engaged in unlawful conduct. (2) However, none of the following matters is a referred business names matter: (a) the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name; (b) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is registered to the entity on a notified State/Territory register; (c) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act; (d) the imposition of an obligation on a government body to include a name in a communication or to display a name; (e) the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State/Territory register; (f) the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act; (g) the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision; (h) any matter relating to the imposition or payment of taxes under an Act of a State, or an instrument made under such an Act. (3) In this section:

exemption provision means a provision in the terms, or substantially in the terms, of subsection 19(5) or 20(3).