Business Names Registration Act 2011

PART 1 - PRELIMINARY  

Division 4 - Interaction between business names legislation and State and Territory laws  

SECTION 15   REGULATIONS TO DEAL WITH INTERACTION BETWEEN LAWS  

15(1)  
The regulations may modify the operation of the business names legislation so that:

(a)  provisions of the business names legislation do not apply to a matter that is dealt with by a law of a referring/adopting State or an affected Territory specified in the regulations; or

(b)  no inconsistency arises between the operation of a provision of the business names legislation and the operation of a provision of a law of a referring/adopting State or an affected Territory specified in the regulations.

15(2)  
Without limiting subsection (1) , regulations made for the purposes of that subsection may provide that a provision of the business names legislation:

(a)  does not apply to:


(i) a person specified in the regulations; or

(ii) a body specified in the regulations; or

(iii) circumstances specified in the regulations; or

(iv) a person or body specified in the regulations in the circumstances specified in the regulations; or

(b)  does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

(c)  does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

(d)  does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring/adopting State or an affected Territory; or

(e)  does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring/adopting State or an affected Territory; or

(f)  authorises a person to do something for the purposes of the business names legislation that the person:


(i) is authorised to do under a law of a referring/adopting State or an affected Territory; and

(ii) would not otherwise be authorised to do under the business names legislation; or

(g)  will be taken to be satisfied if a law of a referring/adopting State or an affected Territory is satisfied.




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