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(1) The regulations made pursuant to the provisions of section 23 of the Business Names Act 1942 1 are hereby repealed.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(a) affect the operation before the coming into operation of these regulations of any of the regulations so repealed;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cancellation, correction or decision made, filed, granted or issued under or by virtue of any of the regulations so repealed;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accrued, exercisable, incurred or imposed by or under, or liable to be imposed under, any of the regulations so repealed;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proceeding, matter, or thing presented, made, held, given, published, declared or done under any of the regulations so repealed; or
Section 1 - Business Names Regulations 1962 - Business Names Regulations 1962 | Zoe
(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;
(c) the document shall not be a carbon copy;
(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:
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........
[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:
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
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
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)
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.]