Business Names Registration Act 2011
ASIC may cancel the registration of a business name to an entity if: (a) ASIC is satisfied that:
(i) the entity is not carrying on a business under the business name; and
(b) the entity is not a government body; and (c) ASIC is not satisfied that there are exceptional circumstances justifying the failure to carry on a business under the business name during that 3 month period.
(ii) the entity has not, in the immediately preceding period of 3 months, carried on a business under the business name; and
[ CCH Note: S 47(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 224 and 225, by substituting " The Registrar may " for " ASIC may " and substituting " the Registrar " for " ASIC " in para (a) and (c), 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) .]
47(2)
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity: (a) informing the entity that ASIC intends to cancel the registration; and (b) inviting the entity to give ASIC evidence that:
(i) it is carrying on, or has within the immediately preceding period of 3 months carried on, a business under the business name; or
(ii) there are exceptional circumstances justifying the failure to carry on a business under the business name during that period.
[ CCH Note: S 47(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 226 - 229, by substituting " The Registrar must " for " ASIC must " , " notify the entity " for " give notice in writing to the entity " and substituting " that the Registrar " for " informing the entity that ASIC " in para (a) and " that the entity is invited to give the Registrar " for " inviting the entity to give ASIC " in para (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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