6Application of Business Names Registration Act 2011 to Norfolk Island

6 Application of Business Names Registration Act 2011 to Norfolk Island

(1) The Business Names Registration Act 2011 has effect with the modifications set out in this rule. (2) The register of business names maintained under the Business Names Act 1976 of Norfolk Island is a notified State/Territory register for the purposes of the Business Names Registration Act 2011. (3) Subsections 18(1), 19(1) 20(1) and 21(1) of the Business Names Registration Act 2011 do not apply to an entity carrying on business under a name if: (a) the name is registered to the entity on the register of business names maintained under the Business Names Act 1976 of Norfolk Island; or (b) the name is the domain name form of a business name that is so registered, and the entity is not prevented from using the domain name form as a domain name; or (c) the name results from excluding one or more host names or domain extensions of a business name that is a domain name and is so registered; or (d) the entity is a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments, and the name is the company’s name. (4) For the purposes of section 38 of the Business Names Registration Act 2011, each of the following is a debtor representative of a company incorporated or deemed to be incorporated under the Companies Act 1985 of Norfolk Island or its predecessor enactments: (a) a receiver or a manager; or (b) an official manager or deputy official manager; or (c) a liquidator or provisional liquidator; or (d) a trustee or other person administering a compromise or arrangement made between a company and another entity; appointed under the Companies Act 1985 of Norfolk Island. (5) For the purposes of section 38 of the Business Names Registration Act 2011, trustee in bankruptcy includes: (a) the official trustee appointed under Part 2 of the Bankruptcy Act 2006 of Norfolk Island; and (b) a trustee elected under Part 4 of the Bankruptcy Act 2006 of Norfolk Island; and (c) a trustee appointed under section 183 of the Bankruptcy Act 2006 of Norfolk Island.