Business Names Registration Act 2011

PART 1 - PRELIMINARY  

Division 3 - Constitutional basis and application of this Act and the Transitional Act  

SECTION 9   MEANING OF REFERRED BUSINESS NAMES MATTER  

9(1)  
Each of the following matters is a referred business names matter :

(a)  the registration of business names;

(b)  the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity;

(c)  the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity;

(d)  the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity ' s own;

(e)  the prohibition or restriction of the use of business names that are undesirable, offensive or confusing;

(f)  the prohibition or restriction of the use of business names by an entity because:


(i) the entity has engaged in unlawful conduct; or

(ii) a person involved in the management of the entity has engaged in unlawful conduct.

9(2)  
However, none of the following matters is a referred business names matter :

(a)  the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name;

(b)  the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is registered to the entity on a notified State/Territory register;

(c)  the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act;

(d)  the imposition of an obligation on a government body to include a name in a communication or to display a name;

(e)  the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State/Territory register;

(f)  the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in an Act of a State, or an instrument made under such an Act;

(g)  the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision;

(h)  any matter relating to the imposition or payment of taxes under an Act of a State, or an instrument made under such an Act.

9(3)  
In this section:

exemption provision
means a provision in the terms, or substantially in the terms, of subsection 19(5) or 20(3) .




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