Part 2Transitional rule

Part 1—Preliminary

1 Name of rule

This rule is the Territories Legislation Amendment Act Transitional Rule (Business Names Registration) 2016.

2 Commencement

This rule commences, or is taken to have commenced, on 1 July 2016.

3 Authority

This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016.

4 Definitions

In this rule:

Business Names Register means the register established and maintained by ASIC under section 22 of the Business Names Registration Act 2011.

ASIC means the Australian Securities and Investments Commission.

Part 2—Transitional rule

5 Purpose

(1) This rule is made under item 5 of Schedule 5 to the Territories Legislation Amendment Act 2016 (which provides for the Minister to make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Schedule 5 to that Act). (2) Schedule 5 to the Territories Legislation Amendment Act 2016 extends all Commonwealth laws to Norfolk Island, unless a particular Act expressly provides otherwise. This rule prescribes transitional matters in relation to the transfer of the Norfolk Island register of business names to the Business Names Register and other consequential matters, on the application of the Business Names Registration Act 2011 to Norfolk Island from 1 July 2016.

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.