sec.47Response to application or referral if proceeding against business name

### sec.47 Response to application or referral if proceeding against business name This rule applies if a proceeding is brought against an entity— in relation to a business carried on by the entity under a name other than the entity’s own name; and regardless of whether the name is registered on the Business Names Register or held under business names legislation. A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) . A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person. The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) . For subrule (1) (b) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. r 47 amd 2012 SL No. 59 s 7 (sec.47-ssec.1) This rule applies if a proceeding is brought against an entity— in relation to a business carried on by the entity under a name other than the entity’s own name; and regardless of whether the name is registered on the Business Names Register or held under business names legislation. (sec.47-ssec.2) A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) . (sec.47-ssec.3) A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person. (sec.47-ssec.4) The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) . (sec.47-ssec.5) For subrule (1) (b) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. - (a) in relation to a business carried on by the entity under a name other than the entity’s own name; and - (b) regardless of whether the name is registered on the Business Names Register or held under business names legislation. - (a) the Business Names Registration Act 2011 (Cwlth) , section 54 ; or - (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.