Business Names Registration Act 2011
ASIC must cancel the registration of a business name to an entity if: (a) the name contains a word or expression that, under an instrument made under paragraph 28(1)(b) or subsection 28(2) , is restricted unless a condition is satisfied; and (b) the entity ceases to satisfy the condition.
[ CCH Note: S 46(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 220, 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) .]
46(2)
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity that: (a) ASIC has formed the view that the entity ceases to satisfy the condition; and (b) ASIC proposes to cancel the registration of the business name on that basis.
[ CCH Note: S 46(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 221 - 223, by substituting " The Registrar must " for " ASIC must " , " notify the entity " for " give notice in writing to the entity information the entity " and substituting " the Registrar " for " ASIC " in para (a) and (b), 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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