Business Names Registration (Fees) Regulations 2022
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 17 March 2022
David Hurley
Governor‑General
By His Excellency’s Command
Jane Hume
Minister for Superannuation, Financial Services and the Digital Economy
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Fees for chargeable matters
6 Prescribed fees
Part 3—Transitional and application provisions
7 Saving provision—amounts payable before commencement
Schedule 1—Repeals
Business Names Registration (Fees) Regulations 2011
Part 1—Preliminary
1 Name
This instrument is the Business Names Registration (Fees) Regulations 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument 1 April 2022. 1 April 2022
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
Section 1 - Business Names Registration (Fees) Regulations 2022 - Business Names Registration (Fees) Regulations 2022 | Zoe
This instrument is made under the Business Names Registration (Fees) Act 2011.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: The expression chargeable matter is defined in the Act. In addition, a number of expressions used in this instrument have the same meaning as in the Business Names Registration Act 2011 (see subsection 3(2) of the Business Names Registration (Fees) Act 2011), including the following:
(a) business name;
(b) entity;
(c) government body.
In this instrument:
Act means the Business Names Registration (Fees) Act 2011.
Register means the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011.
Part 2—Fees for chargeable matters
6 Prescribed fees
Fees for chargeable matters
(1) For the purposes of section 4 of the Act, the fee imposed for a chargeable matter referred to in column 1 of an item of the following table is the amount set out in column 2 of that item.
<br>Item
Column 1<br>Chargeable matter
Column 2<br>Fee
1
Registration of a business name to an entity for 1 year
$37
2
Renewal of the registration of a business name to an entity for 1 year
$37
3
Registration of a business name to an entity for 3 years
$88
4
Renewal of the registration of a business name to an entity for 3 years
$88
5
An application by an entity, other than a government body or journalist, for an extract of the Register containing current information relating to one business name
$9
6
An application by an entity, other than a government body or journalist, for an extract of the Register containing current information relating to one entity
$19
7
An application by an entity, other than a government body or journalist, for an extract of the Register containing current and historical information relating to one business name
$17
8
An application by an entity, other than a government body or journalist, for an extract of the Register containing current and historical information relating to one entity
$40
9
An application by a government body or journalist for an extract of the Register relating to the business names currently or previously registered to an entity
no fee
10
If the inspection of the Register or the issue or display of a document occurs at a Business Centre of ASIC, in addition to the fee payable under item 5, 6, 7 or 8
$3
Indexation of fees
(2) At the start of each financial year (an indexation year) after the financial year beginning 1 July 2021, the dollar amounts mentioned in subsection (1) are replaced by the amount worked out using the following formula for each of those amounts:
base quarter means the last March quarter before the reference quarter.
index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
reference quarter means the March quarter in the year before the indexation year.
(4) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
(5) An indexation factor that is less than 1 is to be increased to 1.
(6) Amounts worked out under subsection (2) are to be rounded to the nearest whole dollar (rounding 50 cents downwards).
(7) Calculations under subsection (3):
(a) are to be made using only the index numbers published in terms of the most recently published index reference period; and
(b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).
Part 3—Transitional and application provisions
7 Saving provision—amounts payable before commencement
Despite the repeal of the Business Names Registration (Fees) Regulations 2011 by this instrument, those regulations continue to apply in relation to an amount that became due for payment before the commencement of this instrument, as if the repeal had not happened.
Schedule 1—Repeals
Business Names Registration (Fees) Regulations 2011