Business Names Registration Act 2011

PART 5 - CANCELLING THE REGISTRATION OF A BUSINESS NAME  

SECTION 54   BUSINESS NAME HELD DURING REVIEW PERIOD FOR CANCELLATION DECISION  

54(1)  


If ASIC cancels the registration of a business name to an entity:

(a)  the business name is held during the review period in relation to that decision; and

(b)  the entity does not commit an offence under subsection 18(1) if the entity carries on a business under the business name during the review period in relation to that decision.

Note:

A defendant bears an evidential burden in relation to the matters in paragraph (1)(b) : see subsection 13.3(3) of the Criminal Code .

54(2)  
The review period , in relation to a decision to cancel the registration of a business name to an entity, is:

(a)  a period of 4 months beginning on the day on which the entity is notified of the decision under section 52 ; or

(b)  

if ASIC determines a longer period under subsection (3) - that longer period.

54(3)  


ASIC may determine in writing a longer review period. The determination is not a legislative instrument.

54(4)  


ASIC must give a copy of the determination to the entity.



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