Business Names Registration Act 2011

PART 1 - PRELIMINARY  

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

SECTION 12   CONCURRENT OPERATION INTENDED  

12(1)  
This Act and the Transitional Act (the business names legislation ) are not intended to exclude or limit the concurrent operation of any law of a referring/adopting State or an affected Territory.

12(2)  
Without limiting subsection (1) , the business names legislation is not intended to exclude or limit the concurrent operation of a law that:

(a)  requires or permits a word or expression to be used by an entity or class of entities; or

(b)  prohibits or restricts the use of a word or expression by an entity or class of entities; or

(c)  relates to the accreditation or licensing of an entity that carries on a business; or

(d)  makes provision for the conversion of one body into another or the amalgamation of bodies; or

(e)  imposes obligations on an entity or class of entities that are in addition to obligations imposed under this Act; or

(f)  makes provision in relation to a notified State/Territory register; or

(g)  specifies a name as the name of an entity.

12(3)  
This section does not apply to a law of a referring/adopting State or an affected Territory if there is a direct inconsistency between that law and the business names legislation.

Note:

Section 14 avoids direct inconsistency arising in some cases by limiting the operation of the business names legislation.




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