Business Names Registration Act 2011

PART 5 - CANCELLING THE REGISTRATION OF A BUSINESS NAME  

SECTION 48   CANCELLATION - FAILURE TO PROVIDE INFORMATION  

48(1)  


ASIC may cancel the registration of a business name to an entity if:

(a)  

either:

(i) the entity is obliged under section 35 to notify ASIC of a change to information and the entity fails to do so within the period required under that section; or

(ii) ASIC requests the entity to give ASIC information under section 37 and the entity fails to do so within the period specified in the request; and

(b)  

ASIC is satisfied that the failure to provide the information affects the integrity of the Business Names Register; and

(c)  

ASIC is not satisfied that there are exceptional circumstances justifying the failure to give the information.

48(2)  


ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity that ASIC will cancel the registration unless:

(a)  

the information is given to ASIC within that 28 day period; or

(b)  

the entity satisfies ASIC that there are exceptional circumstances justifying the failure to give the information.



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