Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (69 of 2020)

Schedule 1   Amendments relating to the Registrar

Part 2   Other amendments

Business Names Registration (Transitional and Consequential Provisions) Act 2011

359   At the end of the Act

Add:

Schedule 3 - Transitional provisions relating to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

1 Application of amendments relating to the Business Names Register

The amendments made by items 102 and 104 to 358 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 apply on and after the day (the appointment day ) the Minister appoints, under section 62A of the Business Names Registration Act, a Commonwealth body to be the Registrar.

2 Liability for damages

Section 78 of the Business Names Registration Act, as in force immediately before the appointment day, continues to apply, on and after that day, in relation to an act done or omitted to be done before that day by ASIC or a person mentioned in paragraphs (c) to (e) of that section.

3 Delegation of prescribed functions and powers

A delegation of functions or powers by the Minister in force under section 80 of the Business Names Registration Act immediately before the appointment day continues in force (and may be dealt with) on and after that day as if the delegation were a delegation to the Registrar.

4 Notice nominating or withdrawing nomination of principal contact

A notice that:

(a) nominates, or withdraws the nomination of, a person as the principal contact in relation to an entity under section 82, 84, 86 or 87 of the Business Names Registration Act; and

(b) is lodged with ASIC before the appointment day;

continues in force (and may be dealt with) on and after that day as if the notice had been lodged with the Registrar.

5 Things started but not finished by ASIC

If:

(a) before the appointment day, ASIC started doing a thing under the Business Names Registration Act or Schedule 1 to this Act as in force immediately before that day; and

(b) immediately before that day, ASIC had not finished doing that thing;

then, on and after that day:

(c) ASIC may finish doing the thing as if the thing were being done by the Registrar in the performance or exercise of the Registrar's functions or powers; or

(d) if ASIC does not finish doing the thing under paragraph (c) - the Registrar may finish doing the thing in the performance or exercise of the Registrar's functions or powers.