Business Names Registration Act 2011

PART 5 - CANCELLING THE REGISTRATION OF A BUSINESS NAME  

SECTION 47   CANCELLATION - ENTITY NOT CARRYING ON A BUSINESS UNDER THE BUSINESS NAME  

47(1)    

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

(a)    

ASIC is satisfied that:

(i) the entity is not carrying on a business under the business name; and

(ii) the entity has not, in the immediately preceding period of 3 months, carried on a business under the business name; and

(b)    the entity is not a government body; and

(c)    

ASIC is not satisfied that there are exceptional circumstances justifying the failure to carry on a business under the business name during that 3 month period.

47(2)    

ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity:

(a)    

informing the entity that ASIC intends to cancel the registration; and

(b)    

inviting the entity to give ASIC evidence that:

(i) it is carrying on, or has within the immediately preceding period of 3 months carried on, a business under the business name; or

(ii) there are exceptional circumstances justifying the failure to carry on a business under the business name during that period.