Business Names Registration Act 2011
An application may be made to the Administrative Appeals Tribunal for review of a decision made or taken to have been made by ASIC or the Minister under section 57 .
[ CCH Note: S 58(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 276, by substituting " the Registrar " for " ASIC " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
58(2)
The application may be made by any entity that could have lodged an application under subsection 57(1) in relation to the decision in relation to which the decision under section 57 was made or taken to have been made.
[ CCH Note: S 58(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 277, by substituting " made " for " lodged " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
58(3)
An application may be made to the Administrative Appeals Tribunal for review of one of the following decisions made personally by the Minister: (a) a refusal to determine under subsection 27(2) that a business name of a kind that is undesirable is available to an entity; (b) the revocation of a determination made under subsection 27(2) that a business name of a kind that is undesirable is available to an entity; (c) a determination made under subsection 28(2) that a word or expression specified in the determination is restricted in relation to a specified entity or specified business unless a condition or conditions specified in the determination are met.
[ CCH Note: S 58(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 278, by inserting para (d), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . Para (d) will read:
]
; (d) a refusal to determine under subsection 28(2A) that a business name constituted by or including a restricted word or expression is available to an entity.
58(4)
The application may be made by: (a) in the case of a decision mentioned in paragraph (3)(a) or (b) - the entity referred to in that paragraph; and (b) in the case of a determination mentioned in paragraph (3)(c) in relation to a specified entity - that entity; and (c) in the case of a determination mentioned in paragraph (3)(c) in relation to a specified business - the entity carrying on the business specified.
[ CCH Note: S 58(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 279, by substituting " , (b) or (d) " for " or (b) " in para (a), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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