This Part does not prevent a protected body from registering a name on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011.
Australian Securities and Investments Commission Act 2001
4 At the end of subsection 12A(1)
Add:
; (k) the Business Names Registration Act 2011;
(l) the Business Names Registration (Transitional and Consequential Provisions) Act 2011.
5 After subsection 127(3)
Insert:
(3A) Using or disclosing information in accordance with the consent of the person who provided the information is authorised use and disclosure of the information.
6 At the end of subsection 136(2)
Add:
; (j) information about the operation of the Business Names Registration Act 2011 including:
(i) details of the level of access to the Business Names Register using the internet and other facilities; and
(ii) the timeliness with which ASIC carries out its duties, functions and powers under the Act; and
(iii) the cost of registration of a business name under the Act.
7 At the end of section 136
Add:
Annual report to be sent to the Attorney‑General of each State and Territory
(4) The Minister must cause a copy of each annual report to be sent to the Attorney‑General of each State and Territory as soon as practical after the Minister receives the report.
Bank Integration Act 1991
8 Paragraph 18(2)(b)
Omit “under a law of a State or Territory”, substitute “on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011”.
9 Subsection 18(3)
Repeal the subsection.
Corporations (Aboriginal and Torres Strait Islander) Act 2006
10 Paragraph 85‑5(1)(b)
Omit “included on the national business names register”, substitute “held or registered on the Business Names Register”.
11 Subparagraph 85‑5(2)(a)(v)
Omit “included on the national business names register”, substitute “held or registered on Business Names Register”.
12 Section 700‑1
Insert:
Business Names Register means the Register established and maintained under section 22 of the Business Names Registration Act 2011.
13 Section 700‑1 (definition of national business names register)
Repeal the definition.
Corporations Act 2001
14 Section 9
Insert:
Business Names Register means the Register established and maintained under section 22 of the Business Names Registration Act 2011.
15 Section 9 (definition of national business names register)
Repeal the definition.
16 Paragraph 147(1)(b)
Omit “included on the national business names register”, substitute “held or registered on the Business Names Register”.
17 Subsection 147(5)
Repeal the subsection.
18 Paragraph 324BB(6)(a)
Omit “under a law of a State or Territory relating to the registration of business names”, substitute “on the Business Names Register”.
19 Paragraph 601DC(1)(b)
Omit “included on the national business names register”, substitute “held or registered on the Business Names Register”.
20 Subsection 601DD(3)
Omit “the use of that name is authorised by a law of that State or Territory that deals with business names”, substitute “the name is registered to the body on the Business Names Register”.
Defence Service Homes Act 1918
21 Paragraph 50A(2)(d)
Repeal the paragraph, substitute:
(d) uses as a business name (within the meaning of the Business Names Registration Act 2011) or part of a business name;
Financial Transaction Reports Act 1988
22 Subsection 3(1) (subparagraph (c)(iv) of the definition of account information)
Repeal the subparagraph, substitute:
(iv) if the account is held in a business name registered on the Business Names Register—that fact and a copy of the entry in the Business Names Register obtained under section 60 of the Business Names Registration Act 2011 relating to the business name and containing the details referred to in paragraphs 33(1)(a), (b), (d) and (e) of that Act (identification details, business name, address for service and period of registration);
(iva) if the account is held in a business name of which registration on the Business Names Register has been applied for but not yet obtained—that fact and a copy of the application;
23 Subsection 3(1)
Insert:
Business Names Register means the Register established and maintained under section 22 of the Business Names Registration Act 2011.
Olympic Insignia Protection Act 1987
24 Subsection 71(5)
Repeal the subsection, substitute:
(5) This Chapter does not apply to the use of a business name in connection with a business if:
(a) the name was registered under a law of a State or Territory relating to business names immediately before 20 September 2001 in relation to the business; and
(b) the name is registered in relation to the business under a law of the Commonwealth or a State or Territory relating to business names.
Qantas Sale Act 1992
25 Subsection 7(7) (definition of registered business name)
After “under a law of a State or Territory that relates to the registration of business names”, substitute “on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011”.
Wine Australia Corporation Act 1980
26 Paragraphs 40DB(4)(c) and 40FB(3)(c)
After “Territory”, insert “or on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011”.
Part 2—Amendment commencing on first anniversary of change‑over day
A New Tax System (Australian Business Number) Act 1999
27 Paragraph 26(3)(d)
Repeal the paragraph, substitute:
(d) any business name registered to the entity on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011;
Schedule 3—Transitional provisions for the Treasury Laws Amendment (2019 Measures No. 3) Act 2020
1 Transitional—directions by Minister
A direction given under subsection 64(1) of the Business Names Registration Act 2011 that is in force immediately before the commencement of items 160, 161 and 162 of Schedule 3 to the Treasury Laws Amendment (2019 Measures No. 3) Act 2020 continues in force (and may be dealt with) as if it had been given under that subsection as amended by those items.
Schedule 4—Application and transitional provisions for the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020
1 Definitions
In this Schedule:
amending item means an item of Part 2 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 that amends a provision of the Business Names Registration Act or of this Act.
application day, for an amendment made by an amending item, as applying in relation to a matter, means the day on and after which the amendment applies in relation to that matter because of item 3 of this Schedule.
commencement day, for an amending item, means the day on which the item commences (taking into account Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022).
interim period means the period:
(a) starting at the start of 22 June 2022; and
(b) ending at the end of the day before the day on which Part 2 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences.
postponed item means any of the following that commenced on 22 June 2022 (disregarding Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022):
(a) an item of Part 2 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020;
(b) an item of Part 3 of Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021;
(c) an item of Part 4 of Schedule 2 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021.
Note Item 103 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 is not covered by paragraph (a) because that item commenced on 4 April 2021.
2 Validation of acts or things done during interim period
Object
(1) The object of this item is to treat all situations during the interim period in every respect as if:
(a) the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and
(b) the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.
Validation of acts and things done in interim period
(2) An act or thing that was done at any time during the interim period is as valid, and is taken always to have been as valid, as it would have been if:
(a) the amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; and
(b) in particular, the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.
Continuation of delegations
(3) Without limiting subitem (2), if:
(a) a function or power conferred by the Business Names Registration Act or this Act was delegated to a person; and
(b) the delegation was in force immediately before 22 June 2022; and
(c) but for this subitem, the delegation would have ceased to have effect at the start of 22 June 2022 because of any of the amendments made by the postponed items;
then:
(d) an act or thing done by the delegate in the interim period is, and is taken always to have been, as valid a performance or exercise of the function or power as it would have been if the delegation had continued in force throughout the interim period; and
(e) the delegation has effect, on and after the day section 1 of the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences, as if it had been made at the time that section commences.
Acts and things to which this item applies
(4) This item applies to an act or thing, regardless of the basis on which, or capacity in which, the act or thing was done or purported to be done.
3 Application of amendments
(1) An amendment of a provision of the Business Names Registration Act or this Act that is made by an amending item applies, in relation to a matter (the relevant matter), on and after the earliest of the following days:
(a) if the amending item is covered by a notifiable instrument in force under paragraph (2)(a) of this item—the day the instrument specifies for the item;
(b) if the amending item is covered by a notifiable instrument in force under paragraph (2)(b) of this item that specifies matters for the item that include the relevant matter—the day the instrument specifies for the item in relation to those matters;
(c) 1 July 2026.
Note: The provision, as in force immediately before the commencement day for the amending item, will continue to apply in relation to the relevant matter until the day that applies under this subitem.
(2) The Minister:
(a) may by notifiable instrument specify days for amending items for the purposes of paragraph (1)(a); and
(b) may by notifiable instrument specify days and matters for amending items for the purposes of paragraph (1)(b).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) A day specified for an amending item in a notifiable instrument made under subitem (2) must be:
(a) on or after the day that the instrument is made; and
(b) on or after the commencement day for the amending item.
(4) Without limiting subsection 13(3) of the Legislation Act 2003, an instrument made under subitem (2) of this item may specify all amending items as a class of amending items.
4 Liability for damages
Section 78 of the Business Names Registration Act, as in force immediately before the commencement day for amending item 322, continues to apply, on and after that day, in relation to an act that relates to a matter and is done or omitted to be done:
(a) by ASIC or a person mentioned in any of paragraphs (c) to (e) of that section; and
(b) either:
(i) before the application day for the amendment made by that amending item, as applying in relation to that matter; or
(ii) in accordance with item 6 of this Schedule.
5 Notice nominating or withdrawing nomination of principal contact
A notice that:
(a) nominates, or withdraws the nomination of, a person as the principal contact in relation to an entity under section 82, 84, 86 or 87 of the Business Names Registration Act; and
(b) is validly lodged with ASIC under that section;
continues in force (and may be dealt with) as if the notice had been lodged with the Registrar.
Note: Whether a notice is validly lodged will be affected by whether an amending item that amends that section has commenced and how the amendment made by that amending item applies to the circumstances in which the notice is lodged. For the application of amending items, see item 3 of this Schedule.
6 Things started but not finished by ASIC
If:
(a) an amending item amends a provision of the Business Names Registration Act or this Act; and
(b) before the application day for the amendment made by the amending item, as applying in relation to a matter, ASIC started doing a thing that relates to that matter under the provision as in force immediately before the commencement day for the amending item; and
(c) immediately before that application day, ASIC had not finished doing that thing; and
(d) on and after that application day, doing that thing is within the powers or functions of the Registrar;
then, on and after that application day:
(e) ASIC may finish doing that thing as if that thing were being done by the Registrar in performing or exercising the Registrar’s functions or powers; and
(f) to the extent that ASIC does not finish doing that thing under paragraph (e), the Registrar may finish doing that thing in performing and exercising the Registrar’s functions and powers.