Business Names Registration Act 2011
ASIC may cancel the registration of a business name to an entity if: (a)
(i) the entity is obliged under section 35 to notify ASIC of a change to information and the entity fails to do so within the period required under that section; or
(ii) ASIC requests the entity to give ASIC information under section 37 and the entity fails to do so within the period specified in the request; and
[ CCH Note: S 48(1) will be amended by No 69 of 2020, s 3 and Sch 1 items 230 - 234, by substituting " The Registrar may " for " ASIC may " and substituting " the Registrar " for " ASIC " (wherever occurring) in para (a)(i) and (ii), " the Registrar " for " ASIC " in para (b), " information recorded by the Registrar under this Act " for " Business Names Register " in para (b) and " the Registrar " for " ASIC " in para (c), effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(2) .]
ASIC must, at least 28 days before cancelling the registration, give notice in writing to the entity informing the entity that ASIC will cancel the registration unless: (a) (b)
[ CCH Note: S 48(2) will be amended by No 69 of 2020, s 3 and Sch 1 items 235 - 237, by substituting " The Registrar must " for " ASIC must " , " notify the entity that the Registrar " for " give notice in writing to the entity informing the entity that ASIC " and substituting " the Registrar " for " ASIC " in para (a) and (b), effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(2) .]
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