Version No. 002
Business Names (Commonwealth Powers)
Act 2011
No. 79 of 2011
Version incorporating amendments as at
28 May 2012
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
1
PART 2—ADOPTION AND REFERENCE OF MATTERS
3
4
5
6
7
8
9
Definitions
Continuing business names matters
Adoption of national business names legislation
Reference of continuing business names matters
Amendment of Commonwealth law
Termination of adoption and amendment reference
Effect of termination of amendment reference before
termination of adoption
PART 3—REPEAL OF THE BUSINESS NAMES ACT 1962
10
Repeal of Business Names Act 1962
2
2
4
5
6
6
7
8
10
10
PART 4—TRANSITIONAL PROVISIONS
11
Division 1—Preliminary
11
11
Definitions
11
Division 2—Extended notification and renewal periods
12
13
Notice of expiration of registration
Early determination of applications for renewal of registration
i
12
12
12
Section
Page
Division 3—Right to make application after change-over day
14
15
16
Application for appeal against cancellation of registration
Expired but renewable business names
Registrations cancelled before change-over day
Division 4—Applications pending at change-over day
17
18
19
20
21
22
Applications for registration lodged before the change-over
day
Notification that pending applications for registration to be
held
Determination of pending applications for registration
Notification that pending applications for renewal to be held
Determination of pending applications for renewal
Pending notifications of changes in particulars
Division 5—Information sharing
23
25
Provision of information for the purposes of the Business
Names Registration Act 2011 of the Commonwealth
Court or tribunal proceedings brought before change-over
day
Offences committed before change-over day
Division 7—Infringements and fees
26
27
28
31
32
33
34
35
36
37
38
39
40
41
15
15
16
16
17
17
17
18
18
18
18
19
Infringement notices
Fees
Delegation by Director
19
19
19
PART 5—CONSEQUENTIAL AMENDMENTS
29
30
12
13
14
18
Division 6—Court and tribunal proceedings
24
12
Associations Incorporation Act 1981
Co-operatives Act 1996
374
Name of foreign co-operative
Fair Trading Act 1999
Gambling Regulation Act 2003
Major Sporting Events Act 2009
Motor Car Traders Act 1986
Partnership Act 1958
Private Security Act 2004
St George Bank and Advance Bank Australia Act 1998
Transport Integration Act 2010
Travel Agents Act 1986
Victorian Urban Development Authority Act 2003
Wrongs Act 1958
══════════════
ii
20
20
21
23
24
24
25
25
25
27
27
27
28
28
28
Section
Page
ENDNOTES
29
1. General Information
29
2. Table of Amendments
30
3. Explanatory Details
31
iii
Version No. 002
Business Names (Commonwealth Powers)
Act 2011
No. 79 of 2011
Version incorporating amendments as at
28 May 2012
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to adopt the Business Names Registration
Act 2011 of the Commonwealth and the
Business Names Registration (Transitional
and Consequential Provisions) Act 2011 of
the Commonwealth and refer certain matters
relating to the registration and use of
business names to the Parliament of the
Commonwealth for the purposes of
section 51(xxxvii) of the Constitution of the
Commonwealth; and
(b) to repeal the Business Names Act 1962; and
(c) to make transitional and consequential
provisions relating to that adoption and
repeal.
2 Commencement
This Act comes into operation on a day or days to
be proclaimed.
__________________
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 2—Adoption and Reference of Matters
s. 3
PART 2—ADOPTION AND REFERENCE OF MATTERS
3 Definitions
In this Act, unless the contrary intention
appears—
adoption means the adoption under section 5(1);
amendment reference means the reference under
section 6(1);
business name has the same meaning as in the
Business Names Registration Act 2011 of
the Commonwealth as originally enacted;
continuing business names matter has the
meaning given by section 4;
entity includes an individual, body corporate or
unincorporate, partnership or anything that is
an entity within the meaning of the Business
Names Registration Act 2011 of the
Commonwealth as originally enacted;
exemption provision means a provision in the
terms, or substantially in the terms, of
section 19(5) or 20(3) of the Business Names
Registration Act 2011 of the Commonwealth
as originally enacted;
express amendment of the national business
names legislation means the direct
amendment of the text of the national
business names legislation (whether by the
insertion, omission, repeal, substitution or
relocation of words or matter) by another
Commonwealth Act, but does not include the
enactment by a Commonwealth Act of a
provision that has or will have substantive
effect otherwise than as part of the text of the
national business names legislation;
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 2—Adoption and Reference of Matters
s. 3
government body means—
(a) the State or an agency or authority of
the State or of the State acting jointly
with the Commonwealth, another State
or a Territory; or
(b) a local government body;
national business names instrument means any
instrument (whether or not of a legislative
character) that is made or issued under the
national business names legislation;
national business names legislation means—
(a) the Business Names Registration Act
2011 of the Commonwealth; and
(b) the Business Names Registration
(Transitional and Consequential
Provisions) Act 2011 of the
Commonwealth;
notified State register means a register that is
maintained under a State law and is a
notified State/Territory register within the
meaning given by section 6 of the Business
Names Registration Act 2011 of the
Commonwealth as originally enacted;
registration means the inclusion of information in
any system for the recording of information
(whether in written or electronic form);
State law means an Act of the State, or an
instrument made under an Act of the State,
whenever enacted or made and as in force
from time to time;
taxes means taxes, duties, charges or other
imposts, however described.
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 2—Adoption and Reference of Matters
s. 4
4 Continuing business names matters
(1) Each of the following matters is a continuing
business names matter to the extent that it is
included in the legislative powers of the
Parliament of the State—
(a) the registration of business names;
(b) the regulation of the use of business names
to assist entities who engage with an entity
carrying on a business under a business name
to identify the entity;
(c) the regulation of the use of business names
to assist entities who engage with an entity
carrying on a business under a business name
to contact the entity;
(d) the regulation of the use of business names
to reduce the risks that arise from an entity
carrying on a business under a name that is
not the entity's own;
(e) the prohibition or restriction of the use of
business names that are undesirable,
offensive or confusing;
(f) the prohibition or restriction of the use of
business names by an entity because—
(i) the entity has engaged in unlawful
conduct; or
(ii) a person involved in the management of
the entity has engaged in unlawful
conduct.
(2) However, none of the following matters is a
continuing business names matter—
(a) the imposition of a restriction on a
government body affecting the ability of the
body to carry on business under a name;
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Business Names (Commonwealth Powers) Act 2011
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Part 2—Adoption and Reference of Matters
s. 5
(b) the imposition of a restriction on an entity
affecting the ability of the entity to carry on
business under a name registered to the
entity on a notified State register;
(c) the imposition of a restriction on an entity
affecting the ability of the entity to carry on
business under a name that is specified as the
name of the entity in a State law;
(d) the imposition of an obligation on a
government body to include a name in a
communication or to display a name;
(e) the imposition of an obligation on an entity
to include in a communication, or to display,
a name that is registered to the entity on a
notified State register;
(f) the imposition of an obligation on an entity
to include in a communication, or to display,
a name that is specified as the name of the
entity in a State law;
(g) the omission of an exemption provision
without the insertion of an equivalent
provision, or the imposition of a limitation
on the operation of an exemption provision;
(h) any matter relating to the imposition or
payment of taxes under a State law.
5 Adoption of national business names legislation
(1) The national business names legislation, as
originally enacted, is adopted within the meaning
of section 51(xxxvii) of the Constitution of the
Commonwealth.
(2) The adoption has effect for a period—
(a) beginning when subsection (1) comes into
operation; and
5
Business Names (Commonwealth Powers) Act 2011
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Part 2—Adoption and Reference of Matters
s. 6
(b) ending at the end of the day fixed under
section 8(1)(a) or (c) as the day on which the
adoption is to terminate—
but not longer.
6 Reference of continuing business names matters
(1) Each continuing business names matter is referred
to the Parliament of the Commonwealth, but only
to the extent of the making of laws with respect to
the matter by making express amendments of the
national business names legislation.
(2) The reference of a matter under subsection (1) has
effect only if and to the extent that the matter is
not included in the legislative powers of the
Parliament of the Commonwealth (otherwise
than by a reference for the purposes of
section 51(xxxvii) of the Constitution of the
Commonwealth).
(3) Despite any provision other than section 9(4), the
amendment reference has effect for a period—
(a) beginning when subsection (1) comes into
operation; and
(b) ending at the end of the day fixed under
section 8(1)(a) or (b) as the day on which the
amendment reference is to terminate—
but not longer.
7 Amendment of Commonwealth law
It is the intention of the Parliament of the State
that—
(a) the national business names legislation may
be expressly amended, or have its operation
otherwise affected, at any time by provisions
of Commonwealth Acts the operation of
which is based on legislative powers that the
Parliament of the Commonwealth has apart
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Business Names (Commonwealth Powers) Act 2011
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Part 2—Adoption and Reference of Matters
s. 8
from a reference of any matters for the
purposes of section 51(xxxvii) of the
Constitution of the Commonwealth; and
(b) the national business names legislation may
have its operation affected, otherwise than by
express amendment, at any time by
provisions of national business names
instruments.
8 Termination of adoption and amendment reference
(1) The Governor in Council may, at any time, by
proclamation published in the Government
Gazette, fix a day as the day on which—
(a) the adoption and the amendment reference
are to terminate; or
(b) the amendment reference is to terminate; or
(c) the adoption is to terminate (if the
amendment reference has been previously
terminated).
(2) A day fixed under subsection (1) must be no
earlier than the first day after the end of the period
of 6 months beginning with the day on which the
proclamation is published.
(3) The Governor in Council may, by proclamation
published in the Government Gazette, revoke a
proclamation published under subsection (1).
(4) A revoking proclamation has effect only if
published before the day fixed under
subsection (1).
(5) If a revoking proclamation has effect the revoked
proclamation is taken, for the purposes of each or
either of sections 5 and 6, never to have been
published but the revocation does not prevent
publication of a further proclamation under
subsection (1).
7
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 2—Adoption and Reference of Matters
s. 9
9 Effect of termination of amendment reference
before termination of adoption
(1) In this section—
existing legislation means the national business
names legislation as—
(a) amended by laws made under the
amendment reference that have come
into operation before the termination;
or
(b) amended or affected by provisions
referred to in section 7(a) or (b) that
have come into operation before the
termination—
and as in operation immediately before the
termination;
termination means the termination of the
amendment reference.
(2) A reference in this section to provisions referred
to in section 7(b) includes a reference to national
business names instruments made to carry out or
give effect to the national business names
legislation as amended by laws made under the
amendment reference.
(3) It is the intention of the Parliament of the State
that, if the amendment reference terminates before
the adoption terminates, the termination of the
amendment reference does not affect—
(a) laws made under the amendment reference
before the termination; or
(b) the continued operation in the State of the
existing legislation or of the existing
legislation as—
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Business Names (Commonwealth Powers) Act 2011
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Part 2—Adoption and Reference of Matters
s. 9
(i) amended after the termination by laws
referred to in paragraph (a) that come
into operation after the termination; or
(ii) amended or affected after the
termination by provisions referred to in
section 7(a) or (b).
(4) Accordingly, the amendment reference continues
to have effect for the purposes of subsection (3)
unless the adoption is terminated.
(5) Subsection (3) or (4) does not apply to or in
relation to an amendment of the national business
names legislation that is excluded from the
operation of this section by the proclamation that
terminates the amendment reference.
__________________
9
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 3—Repeal of the Business Names Act 1962
s. 10
PART 3—REPEAL OF THE BUSINESS NAMES ACT 1962
See:
Act No. 6853.
Reprint No. 7
as at
22 February
2008
and
amending
Act No.
72/2010.
LawToday:
www.
legislation.
vic.gov.au
10 Repeal of Business Names Act 1962
The Business Names Act 1962 is repealed.
__________________
10
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 11
PART 4—TRANSITIONAL PROVISIONS
Division 1—Preliminary
11 Definitions
In this Part—
1962 Act means the Business Names Act 1962;
ASIC means the Australian Securities and
Investments Commission established under
the Australian Securities and Investments
Commission Act 2001 of the
Commonwealth;
business includes trade and profession;
business name means a name, style, title or
designation under which a business is carried
on;
change-over day means the day on which Part 2
of the Business Names Registration Act
2011 of the Commonwealth commences;
Commonwealth Transitional Act means the
Business Names Registration (Transitional
and Consequential Provisions) Act 2011 of
the Commonwealth;
Director has the same meaning as in the 1962 Act
immediately prior to the commencement of
Part 3;
National Business Names Register means the
register established and maintained under
section 22 of the Business Names
Registration Act 2011 of the
Commonwealth;
pending application for registration means an
application under section 7(1) of the 1962
Act that is outstanding immediately before
the change-over day;
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Business Names (Commonwealth Powers) Act 2011
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Part 4—Transitional Provisions
s. 12
pending application for renewal means an
application under section 11(1) of the 1962
Act that is outstanding immediately before
the change-over day;
Victorian Register means the register of business
names kept under section 6 of the 1962 Act
immediately prior to the commencement of
Part 3.
Division 2—Extended notification and renewal periods
12 Notice of expiration of registration
Section 11(3) of the 1962 Act is to be read as if
the reference to "one month" is a reference to
"3 months".
13 Early determination of applications for renewal of
registration
Despite section 11(1) of the 1962 Act, if the
registration of a business name under the 1962
Act is due to expire before the change-over day,
that registration may be renewed by lodging with
the Director, at any time within the period
beginning 3 months before the expiry of the
registration and ending on the day before the
change-over day, an application in the form
approved by the Director and containing the
prescribed particulars.
Division 3—Right to make application after change-over day
14 Application for appeal against cancellation of
registration
If the registration of a business name is cancelled
under the 1962 Act before the commencement of
Part 3 and immediately before that
commencement a person has a right to apply for
an order under section 19(3) of the 1962 Act in
relation to that cancellation, despite that
12
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 15
commencement an application may be made
under section 19(3) on or after the commencement
of Part 3 and before the expiry of the period of
60 days after the decision to cancel the name, and
the 1962 Act, as in force immediately before that
commencement, is taken to continue to apply to
that application until the application is
determined.
15 Expired but renewable business names
(1) For the purposes of item 4 of Schedule 1 to the
Commonwealth Transitional Act, the Director
must notify ASIC that an expired but renewable
business name is to be held.
(2) Despite the commencement of Part 3, on and after
the change-over day a person may make an
application for a determination under
subsection (3) to renew the registration of an
expired but renewable business name within
2 months after the sending of a notice under
section 11(3) of the 1962 Act in respect of the
registration or within 2 months after the expiry of
the registration, whichever is the later date.
(3) Despite the commencement of Part 3, after the
change-over day the Director may determine
whether or not the registration of an expired but
renewable business name which is the subject of
an application under subsection (2) would be
renewed under the 1962 Act if the 1962 Act were
still in operation.
(4) For the purposes of item 6 of Schedule 1 to the
Commonwealth Transitional Act, if the Director
determines under subsection (3) that the
registration of an expired but renewable business
name would be renewed, he or she must notify
ASIC that the business name is to be registered on
the National Business Names Register.
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Business Names (Commonwealth Powers) Act 2011
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Part 4—Transitional Provisions
s. 16
(5) For the purposes of item 8 of Schedule 1 to the
Commonwealth Transitional Act, if—
(a) an application to renew the registration of an
expired but renewable business name is not
made under subsection (2) in the time
specified in that subsection; or
(b) the Director determines under subsection (3)
that the registration would not be renewed—
the Director must notify ASIC that ASIC is to
cease to hold that business name.
(6) In this section, expired but renewable business
name means a business name in respect of
which—
(a) registration on the Victorian Register has
expired before the change-over day; and
(b) a person would be entitled to lodge an
application for the renewal of registration on
or after the change-over day under
section 11(1) of the 1962 Act, if that Act
were still in operation; and
(c) an application for renewal of registration has
not been lodged under the 1962 Act before
the change-over day.
16 Registrations cancelled before change-over day
(1) For the purposes of item 4 of Schedule 1 to the
Commonwealth Transitional Act, if the
registration of a business name on the Victorian
Register is cancelled during the period beginning
60 days before the change-over day and ending on
the change-over day, the Director must notify
ASIC that the business name is to be held.
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 17
(2) For the purposes of item 8 of Schedule 1 to the
Commonwealth Transitional Act, if in relation to
a cancellation described in subsection (1), either—
(a) an application is not made under
section 19(3) of the 1962 Act within the time
required by section 14; or
(b) an application described in paragraph (a) is
made, but the Supreme Court does not order
the restoration of the registration—
the Director must notify ASIC that ASIC is to
cease to hold the business name.
(3) For the purposes of item 6 of Schedule 1 to the
Commonwealth Transitional Act, if in relation to
a cancellation described in subsection (1)—
(a) an application is made under section 19(3) of
the 1962 Act within the time required by
section 14; and
(b) the Supreme Court orders that the
registration of the business name must be
restored—
the Director must notify ASIC that the business
name is to be registered on the National Business
Names Register.
Division 4—Applications pending at change-over day
17 Applications for registration lodged before the
change-over day
(1) Despite section 7(3) of the 1962 Act, if an
application under section 7(1) of that Act is
lodged during the period beginning 2 weeks
before the change-over day, the Director may
refuse to accept the lodging of that application.
15
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 18
(2) If the Director refuses to accept the lodging of an
application, the Director must—
(a) notify the applicant that the lodging of the
application is not accepted; and
(b) provide the applicant with details of how the
applicant may apply for the registration of
his or her business name on the National
Business Names Register.
18 Notification that pending applications for
registration to be held
For the purposes of item 4 of Schedule 1 to the
Commonwealth Transitional Act, the Director
must notify ASIC, in relation to each pending
application for registration, that the business name
is to be held.
19 Determination of pending applications for
registration
(1) Despite the commencement of Part 3, on and after
the change-over day, the Director may determine
whether or not a business name which is the
subject of a pending application for registration
would be registerable under the 1962 Act if the
1962 Act were still in operation.
(2) For the purposes of item 6 of Schedule 1 to the
Commonwealth Transitional Act, if the Director
determines under subsection (1) that a business
name would be registerable, he or she must notify
ASIC that the business name is to be registered on
the National Business Names Register.
(3) For the purposes of item 8 of Schedule 1 to the
Commonwealth Transitional Act, if the Director
determines under subsection (1) that a business
name would not be registerable, the Director must
notify ASIC that ASIC is to cease to hold the
business name.
16
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 20
20 Notification that pending applications for renewal to
be held
For the purposes of item 4 of Schedule 1 to the
Commonwealth Transitional Act, the Director
must notify ASIC, in relation to each pending
application for renewal, that the business name is
to be held.
21 Determination of pending applications for renewal
(1) Despite the commencement of Part 3, on and after
the change-over day, in relation to a pending
application for renewal, the Director may
determine whether or not the registration of a
business name would be renewable under the
1962 Act if the 1962 Act were still in operation.
(2) For the purposes of item 6 of Schedule 1 to the
Commonwealth Transitional Act, if the Director
determines under subsection (1) that a business
name would be renewable, he or she must notify
ASIC that the business name is to be registered on
the National Business Names Register.
(3) For the purposes of item 8 of Schedule 1 to the
Commonwealth Transitional Act, if the Director
determines under subsection (1) that a business
name would not be renewable, the Director must
notify ASIC that ASIC is to cease to hold the
business name.
22 Pending notifications of changes in particulars
If a notice under section 12 of the 1962 Act is
lodged before the change-over day but the change
in particulars set out in that notice is not effected
in the Victorian Register before the change-over
day, the Director must notify ASIC of the change
in particulars as soon as possible after the
change-over day.
17
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 23
Division 5—Information sharing
23 Provision of information for the purposes of the
Business Names Registration Act 2011 of the
Commonwealth
(1) Despite any other Act or law, the Director may
provide, or may cause to be provided, to ASIC
any information the Director has acquired in
connection with the performance of his or her
functions under the 1962 Act that is reasonably
required by ASIC in connection with the
performance of its functions under the Business
Names Registration Act 2011 of the
Commonwealth.
(2) The information may be provided under
subsection (1)—
(a) before, on or after the change-over day; and
(b) in any form the Director considers necessary.
Division 6—Court and tribunal proceedings
24 Court or tribunal proceedings brought before
change-over day
(1) Nothing in this Act should be taken to affect any
proceeding for any offence against the 1962 Act,
as in force immediately before the commencement
of Part 3, brought before the change-over day.
(2) Nothing in this Act should be taken to affect any
proceeding commenced in VCAT under the 1962
Act before the change-over day.
25 Offences committed before change-over day
(1) Despite the commencement of Part 3, on and from
the change-over day the Director may bring
proceedings for an offence against the 1962 Act if
the alleged offence was committed before the
change-over day as if the 1962 Act, as in force
18
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 4—Transitional Provisions
s. 26
immediately before that commencement, were
still in operation.
(2) The Director is taken to have any power, function
or duty that is necessary to bring proceedings
under subsection (1) as if the 1962 Act, as in force
immediately before the commencement of Part 3,
were still in operation.
Division 7—Infringements and fees
26 Infringement notices
On and from the change-over day, if the Director
has reasonable cause to believe that, before the
change-over day, a person committed a prescribed
offence under the 1962 Act, the Director may
serve on that person an infringement notice under
the 1962 Act as if the 1962 Act, as in force
immediately before the commencement of Part 3,
were still in operation.
27 Fees
Despite the commencement of Part 3, the Director
may recover any fee or charge incurred under the
1962 Act before the change-over day that is
unpaid immediately before that day.
28 Delegation by Director
The Director may, in writing, delegate to any
person or class of persons employed under Part 3
of the Public Administration Act 2004 any of
the Director's functions, powers or duties under
this Part, other than this power of delegation.
__________________
19
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 5—Consequential Amendments
s. 29
PART 5—CONSEQUENTIAL AMENDMENTS
29 Associations Incorporation Act 1981
For section 12(1) of the Associations
Incorporation Act 1981, substitute—
"(1) Except with the consent of the Minister, an
association shall not be incorporated under a
name that, in the opinion of the Registrar—
(a) is undesirable;
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under this Act; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under the
Partnership Act 1958; or
(iv) the corporate name of another
body that is registered as a
co-operative under the
Co-operatives Act 1996; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
20
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 5—Consequential Amendments
s. 30
30 Co-operatives Act 1996
(1) After section 20(3) of the Co-operatives
Act 1996, insert—
"(4) Except with the consent of the Minister, the
Registrar must not register a co-operative
and its rules if, in the opinion of the
Registrar, the corporate name of the
co-operative—
(a) is undesirable;
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under the
Partnership Act 1958; or
(iv) the corporate name of another
body that is registered as a
co-operative under this Act; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 5—Consequential Amendments
s. 30
(2) For section 255(6) of the Co-operatives
Act 1996, substitute—
"(6) The Registrar must refuse to approve a
change of name if the Registrar is of the
opinion that that the new name—
(a) is undesirable;
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under the
Partnership Act 1958; or
(iv) the corporate name of another
body that is registered as a
co-operative under this Act; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
(3) For section 255(7) of the Co-operatives
Act 1996, substitute—
"(7) The Registrar may direct a co-operative to
change its name if the Registrar is of the
opinion that the co-operative's name—
(a) is undesirable;
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Business Names (Commonwealth Powers) Act 2011
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Part 5—Consequential Amendments
s. 30
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under the
Partnership Act 1958; or
(iv) the corporate name of another
body that is registered as a
co-operative under this Act; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
(4) For section 374 of the Co-operatives Act 1996,
substitute—
"374 Name of foreign co-operative
A foreign co-operative that is authorised to
carry out business in this State must not do
so under a name that, in the opinion of the
Registrar—
(a) is undesirable;
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 5—Consequential Amendments
s. 31
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under the
Partnership Act 1958; or
(iv) the corporate name of another
body that is registered as a
co-operative under this Act; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
31 Fair Trading Act 1999
In Schedule 1 to the Fair Trading Act 1999, omit
"Business Names Act 1962".
32 Gambling Regulation Act 2003
(1) Section 3.5.34AA(7) of the Gambling
Regulation Act 2003 is repealed.
(2) Section 3.5.34AB(5) of the Gambling Regulation
Act 2003 is repealed.
(3) Section 3.5.34(5) of the Gambling Regulation
Act 2003 is repealed.
(4) Section 3.5.35(4) of the Gambling Regulation
Act 2003 is repealed.
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Part 5—Consequential Amendments
s. 33
33 Major Sporting Events Act 2009
In section 29 of the Major Sporting Events
Act 2009, for "Business Names Act 1962 or a
corresponding law of another State or Territory of
the Commonwealth" substitute "Business Names
Registration Act 2011 of the Commonwealth".
34 Motor Car Traders Act 1986
In section 17(1) of the Motor Car Traders Act
1986, for "Business Names Act 1962" substitute
"Business Names Registration Act 2011 of the
Commonwealth".
35 Partnership Act 1958
(1) For section 55(2) of the Partnership Act 1958,
substitute—
"(2) However, except with the consent of the
Minister, the Director must not register a
limited partnership if the Director is of the
opinion that the firm-name—
(a) is undesirable;
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under this Act;
or
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Business Names (Commonwealth Powers) Act 2011
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Part 5—Consequential Amendments
s. 35
(iv) the corporate name of another
body that is registered as a
co-operative under the
Co-operatives Act 1996; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
(2) Section 59 of the Partnership Act 1958 is
repealed.
(3) For section 89(4) of the Partnership Act 1958,
substitute—
"(4) However, except with the consent of the
Minister, the Director must not record in the
Register as the firm-name of an incorporated
limited partnership a name that, in the
opinion of the Director—
(a) is undesirable;
(b) is likely to be confused with or
mistaken for—
(i) a name under which another body
is incorporated under the
Associations Incorporation
Act 1981; or
(ii) a business name registered to
another body under the Business
Names Registration Act 2011 of
the Commonwealth; or
(iii) the firm-name of another body
that is registered as a limited
partnership or an incorporated
limited partnership under this Act;
or
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Business Names (Commonwealth Powers) Act 2011
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Part 5—Consequential Amendments
s. 36
(iv) the corporate name of another
body that is registered as a
co-operative under the
Co-operatives Act 1996; or
(v) a name that is reserved or
registered under the Corporations
Act for another body.".
(4) Section 93 of the Partnership Act 1958 is
repealed.
36 Private Security Act 2004
In section 126(1) of the Private Security
Act 2004, for "Business Names Act 1962"
substitute "Business Names Registration Act
2011 of the Commonwealth".
37 St George Bank and Advance Bank Australia
Act 1998
(1) In section 5(3) of the St George Bank and
Advance Bank Australia Act 1998, for
"Business Names Act 1962" substitute "Business
Names Registration Act 2011 of the
Commonwealth".
(2) In section 5(4) of the St George Bank and
Advance Bank Australia Act 1998, for
"Business Names Act 1962" substitute "Business
Names Registration Act 2011 of the
Commonwealth".
38 Transport Integration Act 2010
(1) In section 82 of the Transport Integration
Act 2010, for "the Business Names Act 1962 or
any other Act" substitute "any Act".
(2) In section 117 of the Transport Integration
Act 2010, for "the Business Names Act 1962 or
any other Act" substitute "any Act".
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Business Names (Commonwealth Powers) Act 2011
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Part 5—Consequential Amendments
s. 39
(3) In section 129 of the Transport Integration
Act 2010, for "the Business Names Act 1962 or
any other act" substitute "any Act".
39 Travel Agents Act 1986
(1) In section 12(1) of the Travel Agents Act 1986,
for "Business Names Act 1962" substitute
"Business Names Registration Act 2011 of the
Commonwealth".
(2) In section 32(3) of the Travel Agents Act 1986,
for "section 20 of the Business Names Act 1962"
substitute "sections 19 and 20 of the Business
Names Registration Act 2011 of the
Commonwealth".
40 Victorian Urban Development Authority Act 2003
In section 6 of the Victorian Urban
Development Authority Act 2003, for "the
Business Names Act 1962 or any other Act"
substitute "any Act".
41 Wrongs Act 1958
In section 13C(2) of the Wrongs Act 1958, for
"Business Names Act 1962" substitute "Business
Names Registration Act 2011 of the
Commonwealth".
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Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Council: 27 October 2011
Legislative Assembly: 23 November 2011
The long title for the Bill for this Act was "A Bill for an Act to adopt the
Business Names Registration Act 2011 of the Commonwealth and the
Business Names Registration (Transitional and Consequential Provisions)
Act 2011 of the Commonwealth and to refer certain matters relating to the
registration and use of business names to the Parliament of the
Commonwealth for the purposes of section 51(xxxvii) of the Constitution of
the Commonwealth, to repeal the Business Names Act 1962 and to provide
for related transitional and consequential matters."
The Business Names (Commonwealth Powers) Act 2011 was assented to
on 21 December 2011 and came into operation as follows:
Parts 1 (sections 1, 2) and 4 (sections 11–28) on 8 May 2012; Parts 2
(sections 3–9), 3 (section 10) and 5 (sections 29–41) on 28 May 2012:
Special Gazette (No. 151) 8 May 2012 page 1.
29
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Endnotes
2. Table of Amendments
There are no amendments made to the Business Names (Commonwealth
Powers) Act 2011 by Acts and subordinate instruments.
30
Business Names (Commonwealth Powers) Act 2011
No. 79 of 2011
Endnotes
3. Explanatory Details
No entries at date of publication.
31