Business Names Registration Act 2011
ASIC must, at least 28 days before the registration period for the registration of a business name to an entity expires, remind the entity in writing of the time and day on which the registration period will expire.
[ CCH Note: S 49(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 238 and 239, by substituting " The Registrar " for " ASIC " and omitting " in writing " , 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) .]
49(2)
Failure to give a reminder in accordance with subsection (1) does not affect ASIC ' s power to cancel the registration if not renewed.
[ CCH Note: S 49(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 240, by substituting " the Registrar ' s " for " ASIC ' s " , 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) .]
49(3)
If the registration period for the registration of a business name to an entity expires, ASIC may give notice in writing to the entity that ASIC will cancel the registration unless it is renewed.
[ CCH Note: S 49(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 241, by substituting " the Registrar may notify the entity that the Registrar " for " ASIC may give notice in writing to the entity that 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) .]
49(4)
ASIC may cancel the registration of a business name to an entity under this section with effect on the later of: (a) the end of a period of 3 months beginning when the registration expires; and (b) the end of a period of 6 weeks beginning on the day on which notice is given in accordance with subsection (3) .
[ CCH Note: S 49(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 242, 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) .]
49(5)
To avoid doubt, a business name continues to be registered to an entity after the expiry of the registration period for the registration unless the registration is cancelled.
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