Business Names Regulations 1962 (Western Australia)

These regulations prescribe the administrative and procedural framework for registering, maintaining, inspecting and enforcing business name registrations in Western Australia under the Business Names Act 1962 (the Act). Mechanically the instrument does the following.

Prescribes the forms that must be used for applications, renewals, changes and cessation and for infringement notices and withdrawals (Second Schedule; regs 5-7). The Second Schedule contains seven named forms (Form 1 Application for registration; Form 2 Certificate of registration; Form 3 Renewal statement; Form 4 Statement of change in registered particulars; Form 5 Notice of cessation; Form 6 Infringement notice; Form 7 Withdrawal of infringement notice).
Sets detailed document standards for anything lodged with the Commissioner, including paper size, legibility, binding, folding and endorsed information (reg 8).
Allows applications for the Minister’s consent on registration matters to be lodged with the Commissioner (reg 9) and prescribes an exemption for certain finance-broker invitations to lend (reg 9A).
Prescribes fees for particular acts and services performed by the Commissioner, including lodgement, renewal, late lodgement, certificates, inquiries, inspection and supply of copies and computer printouts (Third Schedule).
Declares which offences under the Act may be dealt with by infringement notice and specifies the corresponding modified penalties (Fourth Schedule; reg 11(1)-(2)). It also gives the Commissioner power to appoint authorised officers to issue infringement notices and to issue them identifying certificates (reg 11(3)-(4)).
Repeals the earlier regulations made under the Business Names Act 1942 and preserves prior acts, records and proceedings through transitional savings (reg 3).

CrestWestern Australia

Business Names Act 1962

Business Names Regulations 1962

Western Australia

Business Names Regulations 1962

Contents

Citation 1
Commencement 1
Repeal and savings 1
Definition 2
Forms 2
Particulars prescribed by forms 2
Directions in forms 3
General requirements for documents lodged with Commissioner 3
Application for consent of Minister 4

9A. Prescribed exemption — section 26 4

Fees 4
Infringement notices 4

Second Schedule

Third Schedule

Fourth Schedule — Prescribed offences and modified penalties

Notes

Compilation table 26

Other notes 28

Defined terms

Business Names Act 1962

Business Names Regulations 1962

1. Citation

These regulations may be cited as the Business Names Regulations 1962.

2. Commencement

These regulations shall come into operation on the commencement of the Business Names Act 1962.

3. Repeal and savings

(1) The regulations made pursuant to the provisions of section 23 of the Business Names Act 1942 1 are hereby repealed.

(2) The repeal effected by subregulation (1) does not —

(a) affect the operation before the coming into operation of these regulations of any of the regulations so repealed;

(b) alter the past or future effect of the doing, suffering or omission of anything before the coming into operation of these regulations;

(c) affect any registration, statement, particulars, certificate, cancellation, correction or decision made, filed, granted or issued under or by virtue of any of the regulations so repealed;

(d) affect any estate, right, title, interest, privilege, power, duty, obligation, liability, charge or penalty created, acquired, accrued, exercisable, incurred or imposed by or under, or liable to be imposed under, any of the regulations so repealed;

(e) affect any notice, order or direction, or any proceeding, matter, or thing presented, made, held, given, published, declared or done under any of the regulations so repealed; or

(f) affect any legal or other proceeding commenced before or after the coming into operation of these regulations in respect of any of the matters or things mentioned in paragraphs (a) to (e).

(3) All matters and things mentioned in subregulation (2), to the extent that they were respectively in force immediately before the coming into operation of these regulations, are preserved and continued, and declared to be of the same force and effect as if these regulations had been in force when they were respectively done, suffered, omitted, made, filed, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, declared or accrued or become exercisable or liable to be imposed, and they respectively had been done, suffered, omitted, made, filed, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, declared, or had accrued, or become exercisable, or liable to be imposed, under these regulations.

4. Definition

In these regulations, the Act means the Business Names Act 1962.

5. Forms

The forms set out in the Second Schedule are prescribed in relation to the matters specified in those forms.

[Regulation 5 inserted: Gazette 22 Sep 2006 p. 4075.]

6. Particulars prescribed by forms

Where a form prescribed by these regulations requires completion by the insertion of particulars or other matters referred to in the form, those particulars or other matters are prescribed as the particulars or other matters required under the provision of the Act for the purposes for which the form is prescribed.

7. Directions in forms

A form prescribed by these regulations and containing any directions for its completion shall be completed in accordance with such directions.

8. General requirements for documents lodged with Commissioner

A document to be lodged for registration with the Commissioner 2 under the Act or these regulations shall comply with the following requirements —

(a) the document shall be on paper of medium weight and good quality and of international A4 size;

(b) the document shall be printed, typewritten or handwritten and shall be clearly legible;

(d) when the document comprises 2 or more sheets, the sheets shall be bound together securely; and

(e) the document shall be folded lengthwise and, as so folded, shall have endorsed on the outside —

(i) on the upper right‑hand corner the registered number (if any) allotted by the Commissioner 2 to the business name to which the document relates;

(ii) the name, address and telephone number of the solicitor or other person by, or on whose behalf the document is lodged; and

(iii) words to the following effect —

“ Lodged in the office of the Commissioner for Consumer Protection on .

Commissioner for Consumer Protection. ”.

[Regulation 8 inserted: Gazette 14 Sep 1990 p. 4756; amended: Gazette 20 Jul 2004 p. 2903; 12 Jan 2007 p. 44.]

9. Application for consent of Minister

An application under section 9(1) of the Act for the consent of the Minister to the registration of a business name shall be lodged with the Commissioner 2.

[Regulation 9 amended: Gazette 14 Sep 1990 p. 4756.]

9A. Prescribed exemption — section 26

(1) Section 26 of the Act does not apply to an invitation made by a finance broker to lend money to a person for whom the finance broker is acting as agent where —

(a) the finance broker has no direct or indirect pecuniary or other interest in the loan other than a claim for remuneration in accordance with section 44 of the Finance Brokers Control Act 1975; and

(b) the invitation is to lend or deposit money with a specified person or for a specified investment or class of investment.

(2) In this regulation finance broker means a person who or which holds a licence as a finance broker under the Finance Brokers Control Act 1975 and an annual certificate in respect of that licence.

[Regulation 9A inserted: Gazette 20 Jan 1984 p. 138.]

10. Fees

The fees set out in the Third Schedule shall be paid to the Commissioner 2 for the several matters referred to in the Schedule.

[Regulation 10 inserted: Gazette 14 Sep 1990 p. 4756.]

11. Infringement notices

(1) The offences specified in the Fourth Schedule are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2) The modified penalty specified opposite an offence in the Fourth Schedule is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.

(3) The Commissioner 2 may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.

(4) The Commissioner 2 is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

[Regulation 11 inserted: Gazette 22 Sep 2006 p. 4075‑6.]

[First Schedule deleted: Gazette 22 Sep 2006 p. 4076.]

Second Schedule

Form 1 — Application for registration of a business name

Business Names Act 1962 s. 7Business Names Regulations 1962 Form 1Application for registration of a business name****[Please use BLOCK LETTERS]
Details of the business
1 Business name to be registered
2 Alternative names (if above name not available) 2nd preference:
3rd preference:
4th preference:
3 Existing business name [if any] [if existing business name is to be cancelled, complete Form 5]
4 Nature of business [be concise]
5 Address(es) in WA where business is or is proposed to be carried on[include postcode(s)] Principal place of business:
Other place:
Other place:
6 Address in WA for service of notices under the Act [postal address acceptable]
7 Commencement date of business
Details of the persons who do or will carry on the business
8 Applicants who are individuals[give date of birth if under 18 years of age][if insufficient space, attach an annexure] Surname:Given names:Date of birth:Residential address: (not P.O. Box No.)Signature:
Surname:Given names:Date of birth:Residential address: (not P.O. Box No.)Signature:
Have any of the above persons been convicted in WA or elsewhere —
on indictment of an offence in connection with the promotion, formation or management of a corporation;
of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or
of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? Yes/NoIf yes you must contact the Department before you lodge this form.
9 Applicants who are corporations[the officer signing must be a director or secretary of the corporation][if insufficient space, attach an annexure] Corporation name:ACN:Registered office:(not P.O. Box No.)Officer’s full name:Officer’s signature:Officer’s position: Date:
Corporation name:ACN:Registered office:(not P.O. Box No.)Officer’s full name:Officer’s signature:Officer’s position: Date:
Details of person who may be contacted about this application
10 Name:Address:Telephone:Fax:Email:

[Form 1 inserted: Gazette 20 Jul 2004 p. 2904‑5.]

Form 2

Western Australia

Business Names Act 1962

No. .............................. Section 7(4) and (5).

CERTIFICATE OF REGISTRATION OF BUSINESS NAME

I hereby certify that the business name .................................................................. was on the ................... day of .................................. 20......., registered, pursuant to and subject to the Business Names Act 1962.

Given under my hand at Perth this ..................... day of .......................... 20........

...........................................................

Commissioner for Consumer Protection

[Form 2 amended: Gazette 20 Jul 2004 p. 2905; 12 Jan 2007 p. 44.]

Form 3 — Statement for renewal of registration of a business name

Business Names Act 1962 s. 11(1)Business Names Regulations 1962 Form 3Statement for renewal of registration of a business name****[Please use BLOCK LETTERS]
Details of the business
1 Registered business name
2 Registration number
3 Date registration expires
4 Nature of business [be concise]
5 Address(es) in WA where business is being carried on[include postcode(s)] Principal place of business:
Other place:
Other place:
6 Address in WA for service of notices under the Act [postal address acceptable]
Details of the persons who carry on the business
7 Individuals Surname:Given names:
Surname:Given names:
Surname:Given names:
Have any of the above persons been convicted in WA or elsewhere —
on indictment of an offence in connection with the promotion, formation or management of a corporation;
of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or
of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? Yes/NoIf yes you must contact the Department before you lodge this form.
8 Corporations Corporation name:ACN:
Corporation name:ACN:
Corporation name:ACN:
Declaration
9 Declaration[making a false declaration is an offence with a penalty of $1 000] I declare that the persons named above are carrying on a business under the above business name and that all the details on this form are true and correct.
Telephone: Email:
Surname & given names:Signature: Date:
Corporation name:ACN:Officer’s full name:Officer’s signature:Officer’s position: Date:
10 Capacity of person making declaration[tick one box] An individual carrying on the business. An officer who is a director or secretary of a corporation carrying on the business.

[Form 3 inserted: Gazette 20 Jul 2004 p. 2905‑6.]

Form 4 — Statement of change in registered particulars

Business Names Act 1962 s. 12(1), (2), (3) & (4)Business Names Regulations 1962 Form 4Statement of change in registered particulars****[Please use BLOCK LETTERS]
Details of the business
1 Registered business name
2 Registration number
Change of place(s) of the business [Act s. 12(1)(b)]
3 New address(es) in WA where the business is carried on[include postcode(s)] New principal place of business:Date opened:
New additional place of business:Date opened:
4 Address(es) in WA where the business no longer carried on[include postcode(s)] Address:Date closed:
Address:Date closed:
Change of address for service of notices [Act s. 12(1)(c)]
5 New address in WA for service of notices under the Act [postal address acceptable]
6 Date of change
Change of nature of the business [Act s. 12(1)(a)]
7 New nature of business
8 Date of change
Person(s) who have commenced carrying on the business [Act s. 12(4)]
9 New individuals carrying on the business[give date of birth if under 18 years of age] Surname:Given names:Date of birth:Residential address: (not P.O. Box No.)Date commenced:
Surname:Given names:Date of birth:Residential address: (not P.O. Box No.)Date commenced:
Has a person specified above been convicted in WA or elsewhere —
on indictment of an offence in connection with the promotion, formation or management of a corporation;
of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or
of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation? Yes/NoIf yes you must contact the Department before you lodge this form.
10 New corporations carrying on the business Corporation name:ACN:Registered office:(not P.O. Box No.)Date commenced: Date:
Corporation name:ACN:Registered office:(not P.O. Box No.)Date commenced: Date:
Person(s) who have ceased carrying on the business [Act s. 12(3)]
11 Individuals who have ceased to carry on the business Surname:Given names:Date ceased:
Surname:Given names:Date ceased:
12 Corporations that have ceased to carry on the business Corporation name:ACN:Date ceased:
Corporation name:ACN:Date ceased:
Details of all person(s) continuing to carry on the business**[To be completed only if any of items 9 to 12 above has been completed]**
13 Individuals who continue to carry on the business Surname:Given names:Address:
Surname:Given names:Address:
14 Corporations that continue to carry on the business Corporation name:ACN:Registered office:(not P.O. Box No.)
Corporation name:ACN:Registered office:(not P.O. Box No.)
Change of details of person(s) carrying on the business [Act s. 12(2)]
15 Change of name[e.g. by marriage or deed poll] Old name:New name:ACN (if corporation):Date of change:
16 Change of address Surname & given names or corporation name & ACN:Old address:New address:Date of change:
Declaration
Who must complete this declaration
If item 3, 4, 5 or 7 above is completed — any one of the persons carrying on the business.
If item 9 or 10 above is completed — the continuing and commencing proprietors.
If item 11 or 12 above is completed — the continuing and ceasing proprietors.
If item 15 or 16 above is completed — the person or corporation named in the item. [For details of the above see the Act s. 12(1), (2), (3) & (4).]
17 Declaration I/we declare that all the details on this form are true and correct.
18 Signatures[making a false declaration is an offence with a penalty of $1 000][the officer signing must be a director or secretary of the corporation] Surname & given names:Signature: Date:
Surname & given names:Signature: Date:
Corporation name:ACN:Officer’s full name:Officer’s signature:Officer’s position: Date:
Corporation name:ACN:Officer’s full name:Officer’s signature:Officer’s position: Date:

[Form 4 inserted: Gazette 20 Jul 2004 p. 2906‑9.]

Form 5 — Notice of cessation of business under business name

Business Names Act 1962 s. 12(3)Business Names Regulations 1962 Form 5Notice of cessation of business under business name****[Please use BLOCK LETTERS]
1 Registered business name
2 Registration number
3 Notice of cessation I/we give notice that the business formerly carried on under the above business name has ceased to be carried on in Western Australia as from and includingthe day of 20 .
4 Signatures of all persons in relation to whom the business name is registered[the officer signing must be a director or secretary of the corporation] Surname & given namesSignature: Date:
Surname & given namesSignature: Date:
Corporation name:ACN:Officer’s full name:Officer’s signature:Officer’s position: Date:
Corporation name:ACN:Officer’s full name:Officer’s signature:Officer’s position: Date:

[Form 5 inserted: Gazette 20 Jul 2004 p. 2909.]

Form 6 — Infringement notice

Business Names Act 1962Infringement notice Infringement notice no.
Alleged offender Name: Family name
Given names
or Company name ____________________________________ ACN
Address ________________________________________________ Postcode
Alleged offence Description of offence _____________________________________
Business Names Act 1962 s.
Date / /20 Time a.m./p.m.
Modified penalty $
Officer issuing notice Name
Signature
Office
Date Date of notice / /20
Notice to alleged offender It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay****By post: Send a cheque or money order (payable to ‘Approved Officer — Business Names Act 1962’) to: Approved Officer — Business Names Act 1962Department of Consumer and Employment Protection Locked Bag 14 Cloisters SquarePerth WA 6850In person: Pay the cashier at: Department of Consumer and Employment Protection219 St George’s Terrace, Perth WAIf you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.
If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here _______________________________________ and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.

[Form 6 inserted: Gazette 22 Sep 2006 p. 4076‑7; amended: Gazette 20 Aug 2013 p. 3823; SL 2020/163 r. 12.]

Form 7 — Withdrawal of infringement notice

Business Names Act 1962Withdrawal of infringement notice Withdrawal no.
Alleged offender Name: Family name
Given names
or Company name ___________________________________ ACN
Address _______________________________________________ Postcode
Infringement notice Infringement notice no.
Date of issue / /20
Alleged offence Description of offence ___________________________________
Business Names Act 1962 s.
Date / /20 Time a.m./p.m.
Officer withdrawing notice Name
Signature
Office
Date Date of withdrawal / /20
Withdrawal of infringement notice*[delete whichever is not applicable] The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund.* Your refund is enclosed.or* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:Approved Officer — Business Names Act 1962Department of Consumer and Employment Protection Locked Bag 14 Cloisters SquarePerth WA 6850Signature / /20

[Form 7 inserted: Gazette 22 Sep 2006 p. 4077.]

Third Schedule

[Regulation 10]

[Heading inserted: Gazette 27 Jun 1995 p. 2544.]

Item		$
	General fees
1.	Upon lodging a statement under section 7(1) of the Act ........	90
2.	For a further certificate of registration under section 7(5) of the Act .....................................................................................	7
3.	Upon lodging a statement under section 11(1) of the Act to renew the registration of a business name that expires on or after 1 February 2004 .............................................................	75
4.	On the late lodging of a document under the Act, in addition to any other fee —
	(a) if lodged within 1 month after the period prescribed by law ...........................................................................	12
	(b) if lodged more than 1 month after the period prescribed by law in addition to the fee payable under paragraph (a) ................................................................	24
	The Commissioner 2, if satisfied that just cause existed for the late lodgement, may waive in whole or in part either fee prescribed by this item.
5.	For every inquiry with respect to any business name specified in the inquiry ...........................................................	10
6.	For a certificate under section 23(1)(b) of the Act .................	7
7.	For every inquiry under section 9(1) of the Act — for each name ........................................................................................	10
8.	For any other act by the Commissioner 2 required or authorised to be done under the Act and for which a fee is not elsewhere prescribed .........................................................	10
9.	For every application for consent of the Minister to use of a business name .........................................................................	24
10.	For every order of the Minister granting consent to the use of a business name ......................................................................	30
Inspection fees and supply of uncertified copies of statements
11.	(a) For every inspection of a document or documents lodged with the Commissioner 2 in relation to a business name or of any transparency or reproduction of such document or documents ...................................	5
	(b) For the supply of an uncertified copy or print of any document where the fee prescribed by paragraph (a) has been paid —
	for each page of print ...............................................	2
	(c) For the supply of an uncertified copy or print of any document without inspection having been made —
	for the first 2 pages of the print ...............................	5
	for each additional page...........................................	2
Certified copies and extracts
12.	For certifying by the Commissioner 2 under section 23(1)(a) of the Act a copy of or extract from a document or transparency forming part of the register —
	(a) where a printed or typewritten copy of or extract from that document or transparency supplied by the applicant —
	for 1 page ...................................................................		5
	for each additional page..............................................		2
	(b) in any other case —
	for 1 page....................................................................		5
	for each additional page..............................................		2
Supply of uncertified copies of computer printout of business names by reference to postcode
13.	For the supply of a computer printout of the registered business names in a given postcode area showing the —
	(a) registered business number;
	(b) registered business name; and
	(c) principal place of business —
	for each request ..........................................................<br> and		10
	for each page of print..................................................		2
Supply of uncertified copies of computer printout of business names by reference to a proprietor
14.	For the supply of a computer printout of the proprietors of a business name, using the surname and first initial of a proprietor as the selection criteria, showing the —
	(a) names and addresses of the proprietors;
	(b) registered business number;
	(c) registered business name; and
	(d) principal place of business —
	for each request ..........................................................		30
15.	For the supply of a computer printout of the registered business names, using an Australian Standard Industry Classification (ASIC) code —
	for each request ..........................................................<br> and		10
	for each name shown..................................................		1

[Third Schedule inserted: Gazette 27 Jun 1995 p. 2544‑6; amended: Gazette 28 Jun 1996 p. 3019; 9 Jun 1998 p. 3094; 8 Dec 2000 p. 6918; 2 Nov 2001 p. 5793 (disallowed 20 Mar 2002 p. 1756); 28 Dec 2001 p. 6714; 9 Jan 2004 p. 88; 28 Jun 2005 p. 2907; 27 Jun 2006 p. 2251.]

Fourth Schedule — Prescribed offences and modified penalties

[r. 11]

[Heading inserted: Gazette 22 Sep 2006 p. 4077.]

Offences under Business Names Act 1962		Modified penalty
s. 5(1)	Carrying on business under unregistered name ......	$40
s. 12(8)	Failure to lodge statement of change of registered particulars ...............................................	$40
s. 13(2)	Failure to provide information required by Commissioner 2 ........................................................	$40
s. 20(a)	Using business document not showing registered name .......................................................	$20
s. 20(b)	Failure to display registered name at place of business ...................................................................	$20
s. 20(c)	Failure to exhibit certificate of registration .............	$20

[Fourth Schedule inserted: Gazette 22 Sep 2006 p. 4077‑8.]

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Notes

This is a compilation of the Business Names Regulations 1962 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Business Names Regulations 1962	27 Sep 1962 p. 2663‑72	12 Oct 1962 (see r. 2 and Gazette 12 Oct 1962 p. 3366)
Untitled regulations	13 May 1964 p. 2153	13 May 1964
Untitled regulations	17 Nov 1969 p. 3591	1 Dec 1969
Untitled regulations	17 Dec 1971 p. 5266	1 Jan 1972
Untitled regulations	23 Sep 1977 p. 3412‑13	1 Oct 1977
Business Names Amendment Regulations 1981	3 Jul 1981 p. 2567‑8	3 Jul 1981
Business Names Amendment Regulations 1982	18 Jun 1982 p. 1996	1 Jul 1982 (see r. 2)
Business Names Amendment Regulations (No. 2) 1982	9 Jul 1982 p. 2474	15 Jul 1982 (see r. 2)
Business Names Amendment Regulations 1984	20 Jan 1984 p. 137‑8	1 Mar 1984 (see r. 2)
Business Names Amendment Regulations 1986	26 Sep 1986 p. 3680‑1	1 Oct 1986 (see r. 2)
Business Names Amendment Regulations 1988	27 May 1988 p. 1718‑22	27 May 1988
Business Names Amendment Regulations (No. 2) 1988	9 Sep 1988 p. 3487‑8	9 Sep 1988
Business Names Amendment Regulations 1989	30 Jun 1989 p. 1897‑8	30 Jun 1989
Business Names Amendment Regulations (No. 2) 1989	15 Sep 1989 p. 3392‑7	15 Sep 1989
Business Names Amendment Regulations 1990	14 Sep 1990 p. 4755‑7	14 Sep 1990
Business Names Amendment Regulations (No. 2) 1990	1 Mar 1991 p. 971‑2	1 Mar 1991
Business Names Amendment Regulations 1991	8 Nov 1991 p. 5714‑16	8 Nov 1991
Business Names Amendment Regulations 1992	26 Jun 1992 p. 2658‑9	1 Jul 1992 (see r. 2)
Business Names Amendment Regulations 1993	31 Aug 1993 p. 4685	1 Sep 1993 (see r. 2)
Business Names Amendment Regulations 1995	27 Jun 1995 p. 2544‑6	1 Jul 1995 (see r. 2)
Business Names Amendment Regulations 1996	28 Jun 1996 p. 3019	28 Jun 1996
*Reprint of the Business Names Regulations 1962* as at 9 Jun 1997** (includes amendments listed above)
Business Names Amendment Regulations 1998	9 Jun 1998 p. 3093‑4	1 Jul 1998 (see r. 2)
Business Names Amendment Regulations 2000	8 Dec 2000 p. 6917‑18	1 Jan 2001 (see r. 2)
Business Names Amendment Regulations (No. 2) 20013	2 Nov 2001 p. 5793	1 Jan 2002 (see r. 2)
Business Names Amendment Regulations (No. 3) 2001	28 Dec 2001 p. 6713‑14	1 Jan 2002 (see r. 2)
*Reprint of the Business Names Regulations 1962* as at 21 Jun 2002** (includes amendments listed above)
Corporations (Consequential Amendments) Regulations 2003	6 Jun 2003 p. 2027‑8	15 Jul 2001 (see r. 2 and Commonwealth Gazette 13 Jul 2001 No. S285)
Business Names Amendment Regulations 2004	9 Jan 2004 p. 87‑8	1 Feb 2004 (see r. 2)
Business Names Amendment Regulations (No. 2) 2004	20 Jul 2004 p. 2903‑9	20 Jul 2004
Business Names Amendment Regulations 2005	28 Jun 2005 p. 2907	1 Jul 2005 (see r. 2)
Business Names Amendment Regulations (No. 2) 2006	27 Jun 2006 p. 2251	1 Jul 2006 (see r. 2)
Business Names Amendment Regulations 2006	22 Sep 2006 p. 4075‑8	22 Sep 2006 (see r. 2(a))
*Reprint 3: The Business Names Regulations 1962* as at 3 Nov 2006** (includes amendments listed above)
Business Names Amendment Regulations (No. 3) 2006	12 Jan 2007 p. 44	12 Jan 2007
Business Names Amendment Regulations 2013	20 Aug 2013 p. 3823	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 6	SL 2020/163 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))

Other notes

1 Repealed by the Business Names Act 1962.

2 As at the time of this reprint the person designated as the Commissioner for the purposes of the Act is known as the Commissioner for Consumer Protection (see Gazette 18 August 2006 p. 3372).

3 Disallowed on 20 March 2002, see Gazette 26 March 2002 p. 1756.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

finance broker 9A(2)

the Act 4

Western Australia

Business Names Act 1962

Business Names Regulations 1962

Western Australia

Business Names Regulations 1962

Contents

Citation 1
Commencement 1
Repeal and savings 1
Definition 2
Forms 2
Particulars prescribed by forms 2
Directions in forms 3
General requirements for documents lodged with Commissioner 3
Application for consent of Minister 4

9A. Prescribed exemption — section 26 4

Fees 4
Infringement notices 4

Second Schedule

Third Schedule

Fourth Schedule — Prescribed offences and modified penalties

Notes

Compilation table 26

Other notes 28

Defined terms

Business Names Act 1962

Business Names Regulations 1962

1. Citation

These regulations may be cited as the Business Names Regulations 1962.

2. Commencement

These regulations shall come into operation on the commencement of the Business Names Act 1962.

3. Repeal and savings

(1) The regulations made pursuant to the provisions of section 23 of the Business Names Act 1942 1 are hereby repealed.

(2) The repeal effected by subregulation (1) does not —

(a) affect the operation before the coming into operation of these regulations of any of the regulations so repealed;

(b) alter the past or future effect of the doing, suffering or omission of anything before the coming into operation of these regulations;

(c) affect any registration, statement, particulars, certificate, cancellation, correction or decision made, filed, granted or issued under or by virtue of any of the regulations so repealed;

The regulations are structured around four practical concepts: prescribed forms and particulars, document standards and lodgement mechanics, payable fees and inspection/copy regimes, and infringement‑notice enforcement. Each concept is tightly framed by reg numbers and schedules.

Prescribed forms and particulars: Regulation 5 prescribes the forms in the Second Schedule; regulation 6 makes clear that any particulars asked for in those forms are the particulars required under the Act. The Second Schedule then gives the content structure for: registration applications (Form 1), certificates of registration (Form 2), renewal statements (Form 3), change notifications (Form 4), cessation notices (Form 5), and the two infringement‑process forms (Forms 6 and 7). Several items in these forms are explicitly linked to sections of the Act (for example Form 1 references Act s. 7, Form 3 references Act s. 11(1), and Form 4 references Act s. 12). The forms also include certifications and declarations, and in some cases specify criminal penalties for false statements (Form 3 and Form 4 declare a $1,000 penalty for a false declaration).

Document standards and lodgement mechanics: Regulation 8 prescribes precise physical and presentation standards for any document lodged with the Commissioner: A4 size paper, medium weight and good quality, printed/typewritten/handwritten but clearly legible, not a carbon copy, securely bound if multiple sheets, and folded lengthwise with prescribed endorsements on the outside (registered number, contact details of the lodging solicitor or person, and a lodgement endorsement text). These requirements transform what might be a purely administrative form into a compliance checklist with physical‑presentation requirements that can affect acceptability of lodgements.

Fees, inspections and copies: The Third Schedule itemises fees for a range of acts: lodging a registration statement ($90, item 1); issuing additional certificates ($7, item 2); renewal lodgements ($75, item 3); specific late lodgement surcharges (item 4); fees for inquiries (item 5) and certificates under s. 23(1)(b) of the Act (item 6); Ministerial consent applications and orders (items 9-10); and a granular set of fees for inspection and copies, including per‑page charges and fees to obtain computer printouts by postcode, proprietor or ASIC code (items 11-15). Item 4 contains an explicit discretionary waiver by the Commissioner where the Commissioner is satisfied “that just cause existed” for late lodgement.

Infringement notices and authorised officers: Regulation 11 makes offences specified in the Fourth Schedule eligible for infringement notices under Part 2 of the Criminal Procedure Act 2004 and specifies the modified penalties for those offences. The Fourth Schedule maps specific Act provisions to modified penalties (for example s. 5(1) carrying on business under an unregistered name, $40; s. 20(a) using business documents not showing the registered name, $20). Regulation 11 also empowers the Commissioner to appoint authorised officers or approved officers to issue infringement notices and requires the Commissioner to issue identity documentation to those officers.

Specific substantive exemption: Regulation 9A prescribes an exception to section 26 of the Act for finance brokers, as defined by holding a licence under the Finance Brokers Control Act 1975 and a current annual certificate. The exemption applies where the finance broker invites persons to lend money for whom the broker is acting as agent, provided the broker has no direct or indirect pecuniary or other interest in the loan beyond a claim for remuneration under s. 44 of the Finance Brokers Control Act 1975, and where the invitation is to lend or deposit money with a specified person or for a specified investment or class of investment. The exemption is narrow and tied to licencing status and the absence of a broker pecuniary interest other than statutory remuneration.

Transitional and preservation mechanics: Regulation 3 repeals the regulations under the 1942 Act but preserves prior actions, rights, registrations and proceedings as having the same effect under the current regulations. Definition of “the Act” in regulation 4 confirms that references are to the Business Names Act 1962. The compilation table and notes at the end of the instrument list amendments and commencement dates, which is critical for tracing the evolution of the administrative mechanics and fee schedule.

In short, these regulations translate the Act’s statutory requirements into a concrete administrative operating model: fixed forms, paper standards, fees, inspection and supply of register information, the ability to issue infringement notices with specified modified penalties, and one targeted exemption for licensed finance brokers.

The instrument affects three principal groups directly and several others indirectly.

Proprietors and prospective proprietors of business names in Western Australia: Individuals who carry on or propose to carry on a business under a business name, and corporations acting as proprietors, are the primary subjects. The Second Schedule forms require proprietors to supply particular details , business name preferences (Form 1), principal and other addresses in WA, commencement date, and particulars of persons who do or will carry on the business, including dates of birth for individuals under 18 (Form 1; Form 4). The forms also require declarations and, in some cases, signatures from officers (corporate officers must be directors or secretaries for certain declarations, see Forms 1, 3, 4 and 5). These requirements impose time and information costs on proprietors at registration, renewal or whenever particulars change.

Solicitors and third‑party lodgers: Regulation 8 requires that lodgement documents bear the name, address and telephone number of the solicitor or other person by or on whose behalf the document is lodged. This provisions assigns a clear identification role to agents and advisers who lodge documents with the Commissioner, making them visible as contact points for the Commissioner and potentially the public.

The Commissioner and authorised officers: The Commissioner for Consumer Protection (referred to in the instrument as Commissioner) is the administrative decision‑maker and revenue collector. The Commissioner has specific powers under the regulations: to receive applications (reg 9), to appoint authorised or approved officers to issue infringement notices (reg 11(3)), to issue certificates and other documents (Second Schedule Forms; Third Schedule fees for certifying copies), and to exercise a discretionary waiver of late lodgement fees (Third Schedule item 4). The Commissioner’s office therefore bears administrative costs and is given enforcement tools.

Licensed finance brokers: Regulation 9A carves out a narrow class of licenced finance brokers (defined as holders of a licence and an annual certificate under the Finance Brokers Control Act 1975) from the operation of section 26 of the Act in specified circumstances. A licenced finance broker acting as agent may invite others to lend where the broker has no pecuniary interest other than permitted remuneration under s. 44 of the Finance Brokers Control Act 1975, and where the invitation is to lend to a specified person or specified investment or class. This is a targeted, statutory exemption that affects the regulatory obligations of that class.

Businesses and members of the public using register information: Third Schedule items 11-15 create a supply regime for access to register information, including computer printouts by postcode, proprietor or ASIC code. Entities that demand bulk or targeted register data , researchers, market participants, credit managers, or competitors , will be users of these paid services. The fee schedule sets per‑page and per‑request charges and therefore affects the cost of obtaining proprietor or business‑name lists.

Persons subject to infringement notices and enforcement: The Fourth Schedule lists offences under the Act that attract modified penalties via infringement notices: carrying on business under an unregistered name (s. 5(1)), failure to lodge change statements (s. 12(8)), failure to provide information to the Commissioner (s. 13(2)), and three obligations related to use and display of the registered name and certificate of registration (s. 20(a)-(c)). The specified modified penalties are low monetary amounts ($20-$40), indicating an administrative enforcement model rather than criminal sanctioning at high levels.

Indirectly affected parties include persons who may need to verify proprietorship (creditors, contracting parties) who will pay fees to inspect or obtain copies (Third Schedule items 11 and 12) and those engaged in enforcement or collections under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if modified penalties are unpaid (Form 6 text cross‑referencing that enforcement Act).

Geographical and institutional impact: The regulations explicitly require WA addresses for principal places of business and service of notices, and many forms require WA addresses (Forms 1, 3, 4), focusing the instrument’s effect on businesses operating or proposing to operate in Western Australia rather than on interstate-only entities that have no WA presence. The Commissioner identified in the notes as the Commissioner for Consumer Protection is the named administrative agency (Notes, other notes 2).

In practical terms the effect is to impose a modest, process‑oriented compliance burden on proprietors and their advisers (form completion, fees, document standards), grant modest revenue and enforcement capacity to the Commissioner, and provide paid access channels to register data for third parties.

The regulations create a set of affirmative duties for those who use business names and establish rights and procedural mechanisms for stakeholders and the Commissioner. The following lists are grounded directly in the text.

Duties on registrants and applicants:

Use prescribed forms and supply prescribed particulars: Regulation 5 prescribes forms in the Second Schedule and regulation 6 equates the particulars required by those forms with the particulars required under the Act. Applicants must therefore complete Forms 1, 3, 4 or 5 as applicable, supplying the particulars requested including business names, addresses in WA, commencement dates, and details of persons carrying on the business (Second Schedule Forms 1-5).
Present documents meeting physical and endorsement standards: Regulation 8 requires documents to be A4, legible, not carbon copies, securely bound if multi‑sheet and folded lengthwise with specified endorsements including registered number and contact details of the lodging agent.
Pay fees for prescribed services: Third Schedule prescribes fees for lodgement, renewal, late lodgement surcharges, inquiries, certificates, applications for Ministerial consent and inspection/copy services. Item 1 ($90) applies on lodging a statement under s. 7(1) of the Act; item 3 ($75) applies for renewal statements under s. 11(1); item 4 sets late fees; and other items set specific per‑page or per‑request fees for data.
Provide true declarations: Forms 3 and 4 carry a declared penalty for false statements ($1,000), making a statutory obligation to ensure accuracy when lodging renewal or change statements.
Observe display and documentary obligations: The Fourth Schedule maps s. 20(a)-(c) offences to modified penalties for failing to include the registered name on business documents, failing to display the registered name at the place of business, and failing to exhibit the certificate of registration. Those duties are therefore placed on proprietors by the Act but enforced via the regulations’ infringement mechanisms.

Rights and procedural protections:

Right to lodge applications for Ministerial consent via the Commissioner: Regulation 9 allows an application under s. 9(1) of the Act for Ministerial consent to be lodged with the Commissioner, establishing an administrative channel for discretionary relief.
Right to request inspections and copies of register documents: Third Schedule items 11-15 provide mechanisms and fees for inspecting documents and for obtaining uncertified or certified copies and extracts, including computer printouts by postcode or proprietor. The per‑page and per‑request fees are set out, giving a predictable cost to data access.
Right to have the Commissioner consider waiving late fees: The note in Third Schedule item 4 allows the Commissioner to waive late lodgement fees in whole or in part if satisfied there was just cause.
Procedural avenues in enforcement: Regulation 11(1) places specific offences within the infringement notice scheme under Part 2 of the Criminal Procedure Act 2004; reg 11(2) sets modified penalties; and Forms 6 and 7 set out the mechanics for paying the modified penalty, applying for extension of time, requesting prosecution instead of paying the penalty, and claiming refunds where a notice is withdrawn. These forms also cross‑refer to the Fines, Penalties and Infringement Notices Enforcement Act 1994 for enforcement of unpaid penalties.

Commissioner’s powers and obligations:

Administrative receipt and record‑keeping: The Commissioner is the lodgement point for many applications (reg 9), issues certificates of registration (Form 2), and supplies copies and certified extracts (Third Schedule item 12).
Enforcement appointments: Under reg 11(3) the Commissioner may appoint authorised or approved officers for the purposes of issuing infringement notices and must issue identification documents (reg 11(4)).
Fee discretion: The Commissioner may waive late lodgement fees where there is just cause (Third Schedule item 4).
Preservation of prior rights and decisions: Under reg 3 the Commissioner must treat previous registrations, certificates and decisions under repealed regulations as preserved, maintaining continuity for parties affected before the current regulations commenced.

Specific exemptions and constraints:

Finance broker exemption: Regulation 9A prescribes that s. 26 of the Act does not apply to certain invitations made by licenced finance brokers acting as agents, subject to conditions including the absence of direct or indirect pecuniary interest other than statutory remuneration and the invitation being to lend with a specified person or for a specified investment or class of investment. This creates a narrowly defined statutory right for a subset of licenced brokers.

Operational rights for users of the infringement scheme:

Choice to pay modified penalty or elect prosecution: Form 6 gives the alleged offender the option to pay the modified penalty within 28 days to avoid court prosecution, or to indicate they want the matter dealt with by prosecution instead. Form 6 also specifies how to pay and the enforcement consequences of non‑payment.

Overall the regulations delineate clear procedural duties on proprietors and applicants, confer access rights to register information at prescribed prices, give the Commissioner routine administrative powers and some discretion, and create a low‑value, administratively focused enforcement regime via infringement notices.

The regulations implement a light, administratively oriented enforcement regime that relies chiefly on infringement notices with modest modified penalties and on civil procedural mechanisms for unpaid fines. The enforcement architecture and the specific monetary consequences are set out in regulation 11 and the Fourth Schedule, with procedural details included in the Second Schedule forms.

Infringement notice eligibility and legal basis: Regulation 11(1) provides that the offences specified in the Fourth Schedule are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. Regulation 11(2) then declares that the modified penalty specified opposite an offence in the Fourth Schedule is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004. This places enforcement of those offences squarely within the statutory infringement notice process governed by the Criminal Procedure Act 2004 rather than by defaulting to full criminal prosecution.

Offences and modified penalties: The Fourth Schedule lists specific Act provisions and associates prescribed modified penalties. The items are:

s. 5(1) Carrying on business under an unregistered name , modified penalty $40.
s. 12(8) Failure to lodge statement of change of registered particulars , modified penalty $40.
s. 13(2) Failure to provide information required by the Commissioner , modified penalty $40.
s. 20(a) Using business document not showing registered name , modified penalty $20.
s. 20(b) Failure to display registered name at place of business , modified penalty $20.
s. 20(c) Failure to exhibit certificate of registration , modified penalty $20.

These amounts are modest, indicating an intent to use monetary deterring measures for administrative compliance rather than heavy criminal sanctions. The choice of which Act offences are enforced by infringement notice is a policy decision encoded by the regulations.

Authorised officers and identification: Regulation 11(3) authorises the Commissioner to appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004. Regulation 11(4) requires that the Commissioner issue to each authorised officer a certificate, badge or identity card identifying the officer as authorised to issue infringement notices. The appointment and identification procedures provide an institutional chain for delegation of enforcement power.

Procedural mechanics and consequences of non‑payment: Form 6, the infringement notice, sets out the mechanism for collection and the options available to the alleged offender. An alleged offender may pay the modified penalty within 28 days to avoid prosecution. Form 6 also cross‑references the Fines, Penalties and Infringement Notices Enforcement Act 1994, and warns that non‑payment may result in a range of enforcement measures under that Act, including suspension or cancellation of driver or vehicle licences, immobilisation of vehicles, publication of details, garnishment of earnings or bank accounts, and seizure and sale of property. The inclusion of this cross‑reference in the form links an otherwise modest regulatory penalty to the broader debt‑enforcement apparatus once unpaid.

Right to elect prosecution: Form 6 permits the recipient of an infringement notice to elect to have the matter dealt with by prosecution in court instead of paying the modified penalty. The form requires the individual to sign and post back the notice within 28 days to trigger that choice. This procedural option preserves the right of accused persons to opt for formal proceedings in appropriate circumstances.

Withdrawals and refunds: Form 7 provides the process for the withdrawal of an infringement notice by an authorised officer (Withdrawal of infringement notice). If an infringement notice is withdrawn and the modified penalty has been paid, Form 7 sets out the refund claim procedure. This creates an administrative remedy for erroneous or withdrawn notices.

Other penalties in forms: The Second Schedule forms also state particular penalties for false declarations. Form 3 (renewal) and Form 4 (change) both include statements that making a false declaration is an offence with a penalty of $1,000. These are distinct statutory penalties flagged on the forms and operate alongside the infringement scheme; they appear to be statutory offences under the Act, preserved in the regulations by requiring the declarations on the prescribed forms.

Commissioner discretion and enforcement risk: The Commissioner’s capacity to appoint authorised officers and to issue infringement notices centralises operational enforcement. The Commissioner also has limited discretion to waive late fees (Third Schedule item 4), but the regulations do not provide detailed procedural criteria for waivers. Similarly, while the modified penalties are fixed, how the Commissioner exercises discretion about issuing notices, withdrawing them, or prosecuting for non‑payment is entrusted to the Commissioner and authorised officers under the cross‑referenced Acts.

Interaction with other enforcement legislation: The enforcement model is explicitly interconnected with two other statutes by cross‑reference: the Criminal Procedure Act 2004 for the infringement notice mechanism (reg 11(1)), and the Fines, Penalties and Infringement Notices Enforcement Act 1994 for enforcement of unpaid modified penalties (Form 6 text). That means the practical consequences of non‑compliance are mediated by these broader enforcement regimes.

In sum, the regulations establish a predominantly administrative enforcement regime featuring low fixed monetary penalties for identified failures to register, notify changes, provide information, or display the registered name, with collection and enforcement modelled on the infringement notice framework and potentially escalated via standard enforcement legislation if penalties are unpaid. The Commissioner is the central enforcement actor and may delegate issue‑of‑notice powers to authorised officers.

The regulations cross‑refer to and operate alongside the Business Names Act 1962, the Criminal Procedure Act 2004, the Finance Brokers Control Act 1975, and the Fines, Penalties and Infringement Notices Enforcement Act 1994. Specific interactions and the direction of dependency are set out below, with references to the relevant regulatory provisions.

Primary statutory base , the Business Names Act 1962: The regulations are subordinate to the Act and repeatedly reference it as “the Act” (reg 4). The forms in the Second Schedule explicitly point to particular sections of the Act (for example Form 1 references Act s. 7; Form 3 references Act s. 11(1); Form 4 references Act s. 12(1)-(4); Form 5 references Act s. 12(3)). Regulation 6 makes explicit that particulars requested in forms are to be taken as the particulars required under the Act. Thus the regulations operationalise statutory duties, provide procedural mechanics, and specify the evidence and documentary form for exercising rights or meeting obligations created by the Act.

Criminal Procedure Act 2004 , infringement notices: Regulation 11(1) declares that the offences specified in the Fourth Schedule are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. Regulation 11(2) identifies the modified penalties in the Fourth Schedule as the modified penalties for the purposes of s. 5(3) of the Criminal Procedure Act 2004. This interlocks the regulations’ specified offences with the Criminal Procedure Act 2004 infringement notice process and its procedural protections and appeal mechanisms. In practice, the power to issue infringement notices, their content and the timeframes for payment or election to proceed to prosecution are governed in part by the Criminal Procedure Act 2004.

Fines, Penalties and Infringement Notices Enforcement Act 1994 , enforcement of unpaid penalties: Form 6 explicitly warns that if the modified penalty is not paid within 28 days, the matter may be prosecuted or enforcement action taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. The form lists enforcement measures available under that Act (license suspension, immobilisation, garnishment, seizure and sale, publication). Thus an unpaid modified penalty can trigger the debt‑collection and enforcement machinery of the enforcement Act.

Finance Brokers Control Act 1975 , prescribed exemption: Regulation 9A provides a prescribed exemption from s. 26 of the Act for licenced finance brokers, but only where the finance broker holds a licence and an annual certificate under the Finance Brokers Control Act 1975 and meets the condition of having no direct or indirect pecuniary or other interest other than a claim for remuneration under s. 44 of that Act. The exemption therefore depends directly on the licencing status and statutory remuneration framework set by the Finance Brokers Control Act 1975. That law is thus a gatekeeping statute for the exemption.

Historic statutes and repealed instruments: Regulation 3 expressly repeals the regulations made under the Business Names Act 1942 and contains savings to preserve prior registrations, certificates and proceedings. The compilation table lists amendments and commencement dates, and the notes identify that the person designated as Commissioner for the purposes of the Act is, as at the reprint time, the Commissioner for Consumer Protection. These provisions ensure legal continuity between iterations of subordinate legislation and across the Act’s own evolution.

Administrative law principles and agency discretion: Though not stated in the text, the regulations’ grant of appointment and discretionary powers to the Commissioner (for appointing authorised officers, waiving late fees) interact with the general law of administrative decision‑making (procedural fairness, reasonableness) and with any internal departmental policies. The regulations do not set detailed standards or review pathways for those discretionary acts, which means those acts are likely to be reviewed under general administrative law doctrines if disputed.

Interplay with corporate and identity rules: The forms require that corporate officers signing be directors or secretaries. While the regulations do not restate corporate law duties, the requirement ties the business‑name registration process into corporate governance standards for authorisation of filings, creating a procedural link to corporate law requirements about officer authority.

Information access and use regimes: The Third Schedule’s provision for supply of computer printouts by postcode, proprietor name or ASIC code creates a paid disclosure channel for register information. This interacts with privacy, data use and possibly regulatory information‑sharing frameworks, though none of those regimes are directly referenced in the regulations. Users of register data will need to consider those other legal regimes when using purchased data; the regulations themselves set only the pricing and availability.

In sum, the regulations are an administrative instrument that prescribes forms, fees and enforcement mechanics under the Business Names Act 1962 and do so by expressly integrating the infringement notice machinery of the Criminal Procedure Act 2004, the enforcement measures of the Fines, Penalties and Infringement Notices Enforcement Act 1994, and a narrow substantive exemption contingent on licencing under the Finance Brokers Control Act 1975. The regulations therefore operate within a small but critical legal ecosystem of administrative, enforcement and licencing laws.

The compilation table and the notes appended to the regulations record the textual history, commencements and amending instruments. The instrument has been amended multiple times since its original 1962 commencement to update forms, fees and enforcement mechanics and to reflect administrative changes such as the designation of the Commissioner.

Key chronological milestones recorded by the regulations’ compilation table and notes:

Original enactment and commencement: Business Names Regulations 1962 published 27 September 1962, and commenced 12 October 1962 (reg 2; compilation table).
Repeal of prior regulations: Regulation 3 repeals regulations made under the Business Names Act 1942, with express preservation of prior acts and records.
Repeated amendments through the 1960s, 1970s and 1980s: The compilation table lists a series of untitled regulations and amendment regulations in 1964, 1969, 1971, 1977 and several in the 1980s (1981, 1982, 1984, 1986, 1988, 1989) with specified commencement dates. Those entries demonstrate ongoing updates across decades.
1990-1996 updates: Noticeable amendments and reprints occurred in 1990, with reg 8 inserted in Gazette 14 Sep 1990 (noted in the body), and amendments in 1992-1996 culminating in a reprint as at 9 June 1997. The Third Schedule was added or updated in 1995 (Gazette 27 Jun 1995).
1998-2006 amendments and reprints: Multiple amendments across 1998, 2000, 2001, 2003 and 2004 are recorded. Reprint 3 of the regulations was issued as at 3 November 2006, and several specific regulatory insertions occurred in 2004 and 2006 including changes to forms and the addition of regulation 5 referencing the Second Schedule (Gazette 22 Sep 2006 p. 4075).
2004 and 2006 insertions: The Second Schedule forms (Forms 1-7) were updated and inserted in the Gazette notices in 2004 and 2006 (Forms 1 and 2 entries show insert/amend dates).
2007 amendment: Regulation 2 of an amendment is recorded as Gazette 12 Jan 2007 p. 44.
2013 amendment: The Business Names Amendment Regulations 2013 effected changes with r. 1 and r. 2 commencing 20 Aug 2013 and other regulations on 21 Aug 2013 (Gazette 20 Aug 2013 p. 3823).
2020 amendment linking to broader infringement‑notice framework: Commerce Regulations Amendment (Infringement Notices) Regulations 2020 (SL 2020/163 Pt. 6) commenced 29 Sep 2020 and are listed in the compilation table. This explains later insertions and cross‑referencing of infringement notice provisions.

Specific insertions referenced in the body of the regulations:

Regulation 5 (Forms) was inserted and noted as Gazette 22 Sep 2006 p. 4075.
Regulation 8 (General document requirements) was inserted Gazette 14 Sep 1990 p. 4756 and amended in 2004 and 2007 (Gazette dates provided).
Regulation 9A (Prescribed exemption , section 26) was inserted in Gazette 20 Jan 1984 p. 138.
Regulation 11 (Infringement notices) was inserted Gazette 22 Sep 2006 p. 4075-6.
Third Schedule and Fourth Schedule entries show dates of insertion and later amendments across 1995-2013 and 2020.

Notes and disallowances:

Some subordinate instruments were disallowed , for example, a Business Names Amendment Regulations (No. 2) 2001 was disallowed on 20 March 2002 (compilation table note 3).
The compilation table shows multiple reprints: as at 9 Jun 1997, 21 Jun 2002 and 3 Nov 2006, indicating periodic consolidation and republication of the regulations following amendments.

Administrative re‑designation:

The notes identify that the person designated as the Commissioner for the purposes of the Act is known as the Commissioner for Consumer Protection as at the reprint time (Notes other notes 2; Gazette 18 August 2006 p. 3372). This reflects administrative renaming rather than substantive change to powers.

What is not in the amendment record: The regulations as provided do not carry a running consolidated history of textual changes at the line‑by‑line level in the present document. For precise wording changes between versions a lawyer must consult historical gazette notices listed in the compilation table and the specific amendment instruments cited. The compilation table provides the necessary references and commencement dates to locate the primary amendment texts.

In practice the amendment history shows a pattern of incremental administrative updates: modernising forms and data‑supply arrangements, adding infringement notice mechanics in the 2000s and 2010s, and responding to administrative renaming. The presence of the Finance Brokers Control Act 1975 exemption in 1984 indicates an early targeted policy adjustment.

The regulations themselves do not record any litigation. The text contains no case listings, no judicial interpretations, and no references to appeals or reported decisions. The Second Schedule and schedules refer to statutory sections and penalties but do not cite judicial authority.

Two implications follow from the absence of litigation references in the instrument:

The regulations are primarily administrative and procedural; they set forms, fees and processes rather than novel legal doctrines likely to generate immediate precedent. Enforcement is largely through infringement notices and administrative collection rather than high‑stakes criminal prosecutions.
Where legal disputes might arise in practice , for example, over whether a notice complied with reg 8 document requirements; whether a fee waiver should have been granted under Third Schedule item 4; whether an authorised officer was properly appointed under reg 11(3); or whether a finance broker meets the conditions of reg 9A , remedial routes would be through general administrative law channels, tribunals and courts considering the Act and regulations as they stand. However the regulations themselves contain no list of cases to consult.

If the reader requires judicial interpretations or reported decisions applying these regulations or their parent Act, they must search case law databases for proceedings involving the Business Names Act 1962 or actions by or against the Commissioner for Consumer Protection in relation to business name matters. The compilation table and the Gazette references provide dates and instruments to help narrow searches for contested administrative acts (for example challenges to infringement notices issued under the Fourth Schedule after reg 11 was inserted in 2006 and amended in 2013 and 2020).

Because the regulatory text is silent on litigation, practitioners should not assume settled case law on procedural points such as the sufficiency of endorsements on folded documents (reg 8), the scope of the Commissioner’s waiver power for late lodgement fees, or interpretation of the finance broker exemption (reg 9A). Each of those points could be litigated, but the regulations alone do not supply litigated precedent.

The regulations contain several detail‑level requirements and interactions that can produce compliance pitfalls for practitioners and business operators. The following are concrete operational risks and traps for the unwary, each grounded in the regulatory text.

Strict document form and endorsement requirements (reg 8): Documents lodged with the Commissioner must be A4 international size, medium weight good quality paper, clearly legible, not carbon copies, securely bound if multiple sheets, folded lengthwise and carrying a specific outer endorsement including the registered number, the name/address/telephone of the solicitor or person lodging, and precise lodgement wording. Failure to meet any of these non‑substantive but mandatory presentation rules may render a lodgement non‑compliant and could delay registration or administrative action. Practitioners who routinely file digital or non‑A4 documents must adjust to these paper‑formatting rules, or ensure the Commissioner’s office accepts equivalent electronic procedures if any such policies exist (the regulations themselves specify physical paper criteria).

Endorsement requires registered number for existing registrations (reg 8(e)(i)): The endorsement must include the registered number, if any, allotted by the Commissioner to the business name. If a proprietor fails to include the number when available, the document may not be accepted as properly endorsed, causing delay.

Signature authority constraints on corporate filers (Second Schedule Forms): Several forms expressly require the signing officer for a corporation to be a director or secretary (Forms 1, 3, 4, 5). If the officer signing is not a director or secretary, the form may be invalid; corporate filers must ensure appropriate internal authorisation exists before lodging.

False declaration penalties on Forms 3 and 4: Both Form 3 (renewal) and Form 4 (change) warn that making a false declaration is an offence with a $1,000 penalty. This is a statutory criminal sanction signposted on the forms that may not be obvious to practitioners who treat these forms as routine. Proper due diligence and internal verification are required before declaring accuracy.

Narrow finance broker exemption conditions (reg 9A): The exemption from section 26 of the Act for finance brokers is narrow: the broker must be licenced under the Finance Brokers Control Act 1975 and hold an annual certificate; the broker must have no direct or indirect pecuniary or other interest in the loan other than a claim for remuneration under s. 44 of the Finance Brokers Control Act 1975; and the invitation must be to lend or deposit money with a specified person or for a specified investment or class. Small deviations from these conditions will negate the exemption, exposing the broker to obligations or offences under the Act. Practitioners acting for finance brokers must check licencing status and the exact remuneration arrangements against s. 44 of the Finance Brokers Control Act 1975.

Late‑lodgement surcharges and limited waiver discretion (Third Schedule item 4): The Third Schedule imposes late fees (within 1 month: $12; more than 1 month: additional $24). While the Commissioner may waive these fees if satisfied there is just cause, the regulations do not define “just cause” or articulate a review mechanism. Applicants should aim to avoid late lodgement; if late, gather documentation to establish just cause to support a waiver request.

Low monetary modified penalties , but enforcement escalation (Fourth Schedule; Form 6): Modified penalties are low ($20-$40), which can give an impression that breaches are trivial. However Form 6 warns that unpaid modified penalties may be enforced under the Fines, Penalties and Infringement Notices Enforcement Act 1994 with serious consequences (licence suspensions, garnishments, seizure of property). Failure to treat small infringement notices as enforceable debts can therefore lead to disproportionate enforcement actions.

Data access fees and potential unexpected costs (Third Schedule items 11-15): The Third Schedule provides for per‑page and per‑request fees for inspection and supply of computer printouts and copies. Bulk data requests (by postcode, proprietor or ASIC code) attract per‑request and per‑page charges that can add up. Users seeking lists for marketing, due diligence or credit screening should estimate total cost (per‑request fee plus per‑page multipliers) before commissioning extracts.

Form‑based linkage to Act sections , reliance on Act content (Second Schedule): Many forms reference specific sections of the Act (for instance s. 7, s. 11(1), s. 12(1-4)). Practitioners cannot rely solely on the regulations’ forms; they must consult the Act text to understand substantive obligations, timeframes and legal effects linked to those sections. The regulations supply process but not the substantive thresholds.

Delegation and authorisation of enforcement (reg 11(3)-(4)): The Commissioner may appoint authorised officers to issue infringement notices and must issue identity documentation to them. However, the regulations do not set out minimal training, oversight or appeal procedures for those officers. Decisions by authorised officers may therefore be subject to administrative law challenges for procedural fairness or reasonableness.

Preservation of prior acts and potential conflicting historical material (reg 3): The regulations preserve prior registrations and decisions made under repealed regulations. Practitioners dealing with legacy registrations should be mindful that historical entries remain effective but may be governed by older rules; tracing the precise legal basis may require review of the pre‑1962 instruments and the historical Gazette notices listed in the compilation table.

No express digital filing norm in the regulations: The regulations specify physical paper standards and do not set out an electronic filing regime. If the agency develops an online or electronic lodgement pathway, its legal status and conformity with the regulations must be verified; until then, reliance on paper compliance remains the safe route.

In practice, avoid these 'gotchas' by strict adherence to form content and signing rules, observing physical presentation requirements, paying attention to small but enforceable penalties, and treating register data procurement as a cost line item.

The regulations set clear, concrete compliance steps. Below is an operational checklist and recommended sequence of actions that align with the regulation text and the Second and Third Schedules.

Determine the correct form and particulars
- For initial registration use Form 1 (Second Schedule, Form 1), which requires:
  - Business name preferences (up to four preferences).
  - Nature of business (concise).
  - Addresses in WA where business is or will be carried on (principal and other places).
  - Address in WA for service of notices (postal acceptable).
  - Commencement date.
  - Details of persons who will carry on the business (individuals , include date of birth if under 18; corporations , ACN, registered office, officer’s full name and position).
  - Contact person details for the application (name, address, telephone, fax, email).
- For renewal use Form 3 (Form 3 references Act s. 11(1)); for changes to particulars use Form 4 (Act s. 12(1-4)); for cessation use Form 5 (Act s. 12(3)).
Prepare supporting evidence and ensure signatory authority
- Corporations: ensure the officer signing is a director or secretary where the form requires it.
- Individuals: ensure residential address (not P.O. Box) is supplied where requested.
- Verify identity details and criminal conviction questions flagged in Forms 1, 3 and 4; if any listed offences exist, contact the Department before lodging as forms instruct.
Meet document presentation requirements (reg 8)
- Use international A4 paper of medium weight and good quality.
- Ensure print is clearly legible; do not use carbon copies.
- If multi‑page, bind sheets securely.
- Fold document lengthwise and endorse on the outside:
  - Upper right‑hand corner: registered number (if any) allotted by the Commissioner to the business name to which the document relates.
  - Name, address and telephone number of the solicitor or other person lodging the document.
  - The lodgement endorsement text: “Lodged in the office of the Commissioner for Consumer Protection on . Commissioner for Consumer Protection.”
- Where the Commissioner’s office has adopted electronic lodgement, confirm whether these physical requirements have an electronic equivalent.
Calculate and pay the correct fees (Third Schedule)
- Check the applicable fee: initial lodgement (item 1: $90), renewal (item 3: $75).
- If late lodgement, apply the late fee surcharge (item 4: $12 within 1 month; additional $24 if more than 1 month late).
- For inquiries, copies, certificates and computer printouts refer to the granular fees in the Third Schedule (items 5-15) and budget accordingly.
- For Ministerial consent applications pay item 9 ($24) and if consent granted, item 10 ($30).
- Retain proof of payment and attach as required to the lodgement.
Make accurate declarations and understand penalties
- Forms 3 and 4 state that false declarations carry a $1,000 penalty. Confirm facts and verify signatory authority before signing.
- Ensure business documents and displays include the registered name, certificate and display as required to avoid the s. 20(a)-(c) infringement penalties listed in the Fourth Schedule.
Use prescribed channels for Ministerial consent or exemptions
- Lodge any application under s. 9(1) of the Act for the Minister’s consent via the Commissioner (reg 9).
- For finance brokers, confirm licencing under the Finance Brokers Control Act 1975 and the absence of a pecuniary interest beyond permitted remuneration before relying on the s. 26 exemption (reg 9A). Maintain documentary proof of licence and remuneration arrangement.
Respond to information requests from the Commissioner
- If the Commissioner requires information under s. 13, respond promptly to avoid the s. 13(2) modified penalty ($40 per Fourth Schedule). Ensure proper record retention to respond rapidly.
Manage infringement notices appropriately
- If issued an infringement notice (Form 6), decide whether to pay the modified penalty within 28 days or elect prosecution by signing and returning the notice within 28 days.
- If payment is chosen, follow the payment instructions in Form 6; if more time is needed apply for extension in writing to the Approved Officer at the address included on the notice.
- If notified that an infringement notice has been withdrawn, use Form 7 procedures to claim refund if applicable.
Obtain register copies and inspections sensibly
- If you need a printed extract, use the inspection and copy fees in Third Schedule items 11 and 12 for per‑page and per‑request costs.
- For bulk lists by postcode, proprietor or ASIC code, check items 13-15 to calculate total expected charges (per‑request fee plus per‑page or per‑name fees).
Record‑keeping and ongoing compliance
- Keep copies of all lodged forms, endorsements, payment receipts and correspondence with the Commissioner.
- Monitor renewal dates and triggers for lodging change statements (Form 4), to avoid late fees and s. 12(8) modified penalties.
Seek clarification early
- If any of the forms’ criminal history questions return a positive answer, the forms explicitly instruct contacting the Department before lodging (Forms 1 and 3). Follow that direction to avoid rejected lodgements or later enforcement action.
Administrative relief and dispute options
- If late fees have been charged, gather evidence of “just cause” to seek a waiver under the Commissioner’s discretion (Third Schedule item 4). The regulations do not define “just cause,” so contemporaneous documentary proof supports the waiver application.
- If issued an infringement notice you believe is invalid or wrongfully issued, you can elect court prosecution (Form 6) rather than paying the modified penalty, thereby securing judicial consideration of the underlying facts.

Practically, compliance is a combination of precise form completion, adherence to physical lodgement standards, timely fee payment, and accurate record‑keeping. Where questions arise about the substantive obligations referenced in the forms (for example the full scope of Act s. 5(1), s. 12, s. 13, s. 20 or s. 26) consult the Business Names Act 1962 itself, since the regulations provide procedural detail rather than substantive definitions.

Business Names Regulations 1962

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