Business Names (Commonwealth Powers) Act 2011FILE/11-079a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 Act Act No. Section Page Business Names (Commonwealth Powers)

Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—ADOPTION AND REFERENCE OF MATTERS 3

3 Definitions 34 Continuing business names matters 55 Adoption of national business names legislation 66 Reference of continuing business names matters 77 Amendment of Commonwealth law 78 Termination of adoption and amendment reference 89 Effect of termination of amendment reference before

termination of adoption 9

PART 3—REPEAL OF THE BUSINESS NAMES ACT 1962 11

10 Repeal of Business Names Act 1962 11

PART 4—TRANSITIONAL PROVISIONS 12

Division 1—Preliminary 12

11 Definitions 12

Division 2—Extended notification and renewal periods 13

12 Notice of expiration of registration 1313 Early determination of applications for renewal of registration 13

Division 3—Right to make application after change-over day 13

14 Application for appeal against cancellation of registration 1315 Expired but renewable business names 1416 Registrations cancelled before change-over day 15

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Division 4—Applications pending at change-over day 16

17 Applications for registration lodged before the change-over day 16

18 Notification that pending applications for registration to be held 17

19 Determination of pending applications for registration 1720 Notification that pending applications for renewal to be held 1821 Determination of pending applications for renewal 1822 Pending notifications of changes in particulars 18

Division 5—Information sharing 19

23 Provision of information for the purposes of the Business Names Registration Act 2011 of the Commonwealth 19

Division 6—Court and tribunal proceedings 19

24 Court or tribunal proceedings brought before change-over day 1925 Offences committed before change-over day 19

Division 7—Infringements and fees 20

26 Infringement notices 2027 Fees 2028 Delegation by Director 20

PART 5—CONSEQUENTIAL AMENDMENTS 21

29 Associations Incorporation Act 1981 2130 Co-operatives Act 1996 22

374 Name of foreign co-operative 2431 Fair Trading Act 1999 2532 Gambling Regulation Act 2003 2533 Major Sporting Events Act 2009 2634 Motor Car Traders Act 1986 2635 Partnership Act 1958 2636 Private Security Act 2004 2837 St George Bank and Advance Bank Australia Act 1998 2838 Transport Integration Act 2010 2839 Travel Agents Act 1986 2940 Victorian Urban Development Authority Act 2003 2941 Wrongs Act 1958 29

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ENDNOTES 30

Business Names (Commonwealth Powers) Act 2011†

No. 79 of 2011

[Assented to 21 December 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to adopt the Business Names Registration Act 2011 of the Commonwealth and the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth and refer certain matters relating to the registration and use of business names to the Parliament of the

Victoria

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Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and

(b) to repeal the Business Names Act 1962; and

(c) to make transitional and consequential provisions relating to that adoption and repeal.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

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s. 2 Section Page

2

PART 2—ADOPTION AND REFERENCE OF MATTERS

3 Definitions

In this Act, unless the contrary intention appears—

adoption means the adoption under section 5(1);

amendment reference means the reference under section 6(1);

business name has the same meaning as in the Business Names Registration Act 2011 of the Commonwealth as originally enacted;

continuing business names matter has the meaning given by section 4;

entity includes an individual, body corporate or unincorporate, partnership or anything that is an entity within the meaning of the Business Names Registration Act 2011 of the Commonwealth as originally enacted;

exemption provision means a provision in the terms, or substantially in the terms, of section 19(5) or 20(3) of the Business Names Registration Act 2011 of the Commonwealth as originally enacted;

express amendment of the national business names legislation means the direct amendment of the text of the national business names legislation (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the national business names legislation;

s. 3Part 5—Consequential Amendments

Business Names (Commonwealth Powers) Act 2011No. 79 of 2011

3

government body means—

(a) the State or an agency or authority of the State or of the State acting jointly with the Commonwealth, another State or a Territory; or

(b) a local government body;

national business names instrument means any instrument (whether or not of a legislative character) that is made or issued under the national business names legislation;

national business names legislation means—

(a) the Business Names Registration Act 2011 of the Commonwealth; and

(b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth;

notified State register means a register that is maintained under a State law and is a notified State/Territory register within the meaning given by section 6 of the Business Names Registration Act 2011 of the Commonwealth as originally enacted;

registration means the inclusion of information in any system for the recording of information (whether in written or electronic form);

State law means an Act of the State, or an instrument made under an Act of the State, whenever enacted or made and as in force from time to time;

taxes means taxes, duties, charges or other imposts, however described.



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4 Continuing business names matters

(1) Each of the following matters is a continuing business names matter to the extent that it is included in the legislative powers of the Parliament of the State—

(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.

(2) However, none of the following matters is a continuing 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;



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(b) the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name registered to the entity on a notified State 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 a State law;

(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 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 a State law;

(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 a State law.

5 Adoption of national business names legislation

(1) The national business names legislation, as originally enacted, is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.

(2) The adoption has effect for a period—

(a) beginning when subsection (1) comes into operation; and



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(b) ending at the end of the day fixed under section 8(1)(a) or (c) as the day on which the adoption is to terminate—

but not longer.

6 Reference of continuing business names matters

(1) Each continuing business names matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national business names legislation.

(2) The reference of a matter under subsection (1) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth).

(3) Despite any provision other than section 9(4), the amendment reference has effect for a period—

(a) beginning when subsection (1) comes into operation; and

(b) ending at the end of the day fixed under section 8(1)(a) or (b) as the day on which the amendment reference is to terminate—

but not longer.

7 Amendment of Commonwealth law

It is the intention of the Parliament of the State that—

(a) the national business names legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart



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from a reference of any matters for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and

(b) the national business names legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national business names instruments.

8 Termination of adoption and amendment reference

(1) The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which—

(a) the adoption and the amendment reference are to terminate; or

(b) the amendment reference is to terminate; or

(c) the adoption is to terminate (if the amendment reference has been previously terminated).

(2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is published.

(3) The Governor in Council may, by proclamation published in the Government Gazette, revoke a proclamation published under subsection (1).

(4) A revoking proclamation has effect only if published before the day fixed under subsection (1).

(5) If a revoking proclamation has effect the revoked proclamation is taken, for the purposes of each or either of sections 5 and 6, never to have been published but the revocation does not prevent publication of a further proclamation under subsection (1).



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9 Effect of termination of amendment reference before termination of adoption

(1) In this section—

existing legislation means the national business names legislation as—

(a) amended by laws made under the amendment reference that have come into operation before the termination; or

(b) amended or affected by provisions referred to in section 7(a) or (b) that have come into operation before the termination—

and as in operation immediately before the termination;

termination means the termination of the amendment reference.

(2) A reference in this section to provisions referred to in section 7(b) includes a reference to national business names instruments made to carry out or give effect to the national business names legislation as amended by laws made under the amendment reference.

(3) It is the intention of the Parliament of the State that, if the amendment reference terminates before the adoption terminates, the termination of the amendment reference does not affect—

(a) laws made under the amendment reference before the termination; or

(b) the continued operation in the State of the existing legislation or of the existing legislation as—



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(i) amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or

(ii) amended or affected after the termination by provisions referred to in section 7(a) or (b).

(4) Accordingly, the amendment reference continues to have effect for the purposes of subsection (3) unless the adoption is terminated.

(5) Subsection (3) or (4) does not apply to or in relation to an amendment of the national business names legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.

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PART 3—REPEAL OF THE BUSINESS NAMES ACT 1962

10 Repeal of Business Names Act 1962

The Business Names Act 1962 is repealed.

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See:Act No. 6853.Reprint No. 7as at22 February 2008 and amendingAct No.72/2010.LawToday:www.legislation.vic.gov.au



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PART 4—TRANSITIONAL PROVISIONS

Division 1—Preliminary

11 Definitions

In this Part—

1962 Act means the Business Names Act 1962;

ASIC means the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 2001 of the Commonwealth;

business includes trade and profession;

business name means a name, style, title or designation under which a business is carried on;

change-over day means the day on which Part 2 of the Business Names Registration Act 2011 of the Commonwealth commences;

Commonwealth Transitional Act means the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth;

Director has the same meaning as in the 1962 Act immediately prior to the commencement of Part 3;

National Business Names Register means the register established and maintained under section 22 of the Business Names Registration Act 2011 of the Commonwealth;

pending application for registration means an application under section 7(1) of the 1962 Act that is outstanding immediately before the change-over day;



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pending application for renewal means an application under section 11(1) of the 1962 Act that is outstanding immediately before the change-over day;

Victorian Register means the register of business names kept under section 6 of the 1962 Act immediately prior to the commencement of Part 3.

Division 2—Extended notification and renewal periods

12 Notice of expiration of registration

Section 11(3) of the 1962 Act is to be read as if the reference to "one month" is a reference to "3 months".

13 Early determination of applications for renewal of registration

Despite section 11(1) of the 1962 Act, if the registration of a business name under the 1962 Act is due to expire before the change-over day, that registration may be renewed by lodging with the Director, at any time within the period beginning 3 months before the expiry of the registration and ending on the day before the change-over day, an application in the form approved by the Director and containing the prescribed particulars.

Division 3—Right to make application after change-over day

14 Application for appeal against cancellation of registration

If the registration of a business name is cancelled under the 1962 Act before the commencement of Part 3 and immediately before that commencement a person has a right to apply for an order under section 19(3) of the 1962 Act in relation to that cancellation, despite that



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commencement an application may be made under section 19(3) on or after the commencement of Part 3 and before the expiry of the period of 60 days after the decision to cancel the name, and the 1962 Act, as in force immediately before that commencement, is taken to continue to apply to that application until the application is determined.

15 Expired but renewable business names

(1) For the purposes of item 4 of Schedule 1 to the Commonwealth Transitional Act, the Director must notify ASIC that an expired but renewable business name is to be held.

(2) Despite the commencement of Part 3, on and after the change-over day a person may make an application for a determination under subsection (3) to renew the registration of an expired but renewable business name within 2 months after the sending of a notice under section 11(3) of the 1962 Act in respect of the registration or within 2 months after the expiry of the registration, whichever is the later date.

(3) Despite the commencement of Part 3, after the change-over day the Director may determine whether or not the registration of an expired but renewable business name which is the subject of an application under subsection (2) would be renewed under the 1962 Act if the 1962 Act were still in operation.

(4) For the purposes of item 6 of Schedule 1 to the Commonwealth Transitional Act, if the Director determines under subsection (3) that the registration of an expired but renewable business name would be renewed, he or she must notify ASIC that the business name is to be registered on the National Business Names Register.



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(5) For the purposes of item 8 of Schedule 1 to the Commonwealth Transitional Act, if—

(a) an application to renew the registration of an expired but renewable business name is not made under subsection (2) in the time specified in that subsection; or

(b) the Director determines under subsection (3) that the registration would not be renewed—

the Director must notify ASIC that ASIC is to cease to hold that business name.

(6) In this section, expired but renewable business name means a business name in respect of which—

(a) registration on the Victorian Register has expired before the change-over day; and

(b) a person would be entitled to lodge an application for the renewal of registration on or after the change-over day under section 11(1) of the 1962 Act, if that Act were still in operation; and

(c) an application for renewal of registration has not been lodged under the 1962 Act before the change-over day.

16 Registrations cancelled before change-over day

(1) For the purposes of item 4 of Schedule 1 to the Commonwealth Transitional Act, if the registration of a business name on the Victorian Register is cancelled during the period beginning 60 days before the change-over day and ending on the change-over day, the Director must notify ASIC that the business name is to be held.



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(2) For the purposes of item 8 of Schedule 1 to the Commonwealth Transitional Act, if in relation to a cancellation described in subsection (1), either—

(a) an application is not made under section 19(3) of the 1962 Act within the time required by section 14; or

(b) an application described in paragraph (a) is made, but the Supreme Court does not order the restoration of the registration—

the Director must notify ASIC that ASIC is to cease to hold the business name.

(3) For the purposes of item 6 of Schedule 1 to the Commonwealth Transitional Act, if in relation to a cancellation described in subsection (1)—

(a) an application is made under section 19(3) of the 1962 Act within the time required by section 14; and

(b) the Supreme Court orders that the registration of the business name must be restored—

the Director must notify ASIC that the business name is to be registered on the National Business Names Register.

Division 4—Applications pending at change-over day

17 Applications for registration lodged before the change-over day

(1) Despite section 7(3) of the 1962 Act, if an application under section 7(1) of that Act is lodged during the period beginning 2 weeks before the change-over day, the Director may refuse to accept the lodging of that application.



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(2) If the Director refuses to accept the lodging of an application, the Director must—

(a) notify the applicant that the lodging of the application is not accepted; and

(b) provide the applicant with details of how the applicant may apply for the registration of his or her business name on the National Business Names Register.

18 Notification that pending applications for registration to be held

For the purposes of item 4 of Schedule 1 to the Commonwealth Transitional Act, the Director must notify ASIC, in relation to each pending application for registration, that the business name is to be held.

19 Determination of pending applications for registration

(1) Despite the commencement of Part 3, on and after the change-over day, the Director may determine whether or not a business name which is the subject of a pending application for registration would be registerable under the 1962 Act if the 1962 Act were still in operation.

(2) For the purposes of item 6 of Schedule 1 to the Commonwealth Transitional Act, if the Director determines under subsection (1) that a business name would be registerable, he or she must notify ASIC that the business name is to be registered on the National Business Names Register.

(3) For the purposes of item 8 of Schedule 1 to the Commonwealth Transitional Act, if the Director determines under subsection (1) that a business name would not be registerable, the Director must notify ASIC that ASIC is to cease to hold the business name.



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20 Notification that pending applications for renewal to be held

For the purposes of item 4 of Schedule 1 to the Commonwealth Transitional Act, the Director must notify ASIC, in relation to each pending application for renewal, that the business name is to be held.

21 Determination of pending applications for renewal

(1) Despite the commencement of Part 3, on and after the change-over day, in relation to a pending application for renewal, the Director may determine whether or not the registration of a business name would be renewable under the 1962 Act if the 1962 Act were still in operation.

(2) For the purposes of item 6 of Schedule 1 to the Commonwealth Transitional Act, if the Director determines under subsection (1) that a business name would be renewable, he or she must notify ASIC that the business name is to be registered on the National Business Names Register.

(3) For the purposes of item 8 of Schedule 1 to the Commonwealth Transitional Act, if the Director determines under subsection (1) that a business name would not be renewable, the Director must notify ASIC that ASIC is to cease to hold the business name.

22 Pending notifications of changes in particulars

If a notice under section 12 of the 1962 Act is lodged before the change-over day but the change in particulars set out in that notice is not effected in the Victorian Register before the change-over day, the Director must notify ASIC of the change in particulars as soon as possible after the change-over day.



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Division 5—Information sharing

23 Provision of information for the purposes of the Business Names Registration Act 2011 of the Commonwealth

(1) Despite any other Act or law, the Director may provide, or may cause to be provided, to ASIC any information the Director has acquired in connection with the performance of his or her functions under the 1962 Act that is reasonably required by ASIC in connection with the performance of its functions under the Business Names Registration Act 2011 of the Commonwealth.

(2) The information may be provided under subsection (1)—

(a) before, on or after the change-over day; and

(b) in any form the Director considers necessary.

Division 6—Court and tribunal proceedings

24 Court or tribunal proceedings brought before change-over day

(1) Nothing in this Act should be taken to affect any proceeding for any offence against the 1962 Act, as in force immediately before the commencement of Part 3, brought before the change-over day.

(2) Nothing in this Act should be taken to affect any proceeding commenced in VCAT under the 1962 Act before the change-over day.

25 Offences committed before change-over day

(1) Despite the commencement of Part 3, on and from the change-over day the Director may bring proceedings for an offence against the 1962 Act if the alleged offence was committed before the change-over day as if the 1962 Act, as in force



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immediately before that commencement, were still in operation.

(2) The Director is taken to have any power, function or duty that is necessary to bring proceedings under subsection (1) as if the 1962 Act, as in force immediately before the commencement of Part 3, were still in operation.

Division 7—Infringements and fees

26 Infringement notices

On and from the change-over day, if the Director has reasonable cause to believe that, before the change-over day, a person committed a prescribed offence under the 1962 Act, the Director may serve on that person an infringement notice under the 1962 Act as if the 1962 Act, as in force immediately before the commencement of Part 3, were still in operation.

27 Fees

Despite the commencement of Part 3, the Director may recover any fee or charge incurred under the 1962 Act before the change-over day that is unpaid immediately before that day.

28 Delegation by Director

The Director may, in writing, delegate to any person or class of persons employed under Part 3 of the Public Administration Act 2004 any of the Director's functions, powers or duties under this Part, other than this power of delegation.

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PART 5—CONSEQUENTIAL AMENDMENTS

29 Associations Incorporation Act 1981

For section 12(1) of the Associations Incorporation Act 1981, substitute—

"(1) Except with the consent of the Minister, an association shall not be incorporated under a name that, in the opinion of the Registrar—

(a) is undesirable;

(b) is likely to be confused with or mistaken for—

(i) a name under which another body is incorporated under this Act; or

(ii) a business name registered to another body under the Business Names Registration Act 2011 of the Commonwealth; or

(iii) the firm-name of another body that is registered as a limited partnership or an incorporated limited partnership under the Partnership Act 1958; or

(iv) the corporate name of another body that is registered as a co-operative under the Co-operatives Act 1996; or

(v) a name that is reserved or registered under the Corporations Act for another body.".



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30 Co-operatives Act 1996

(1) After section 20(3) of the Co-operatives Act 1996, insert—

"(4) Except with the consent of the Minister, the Registrar must not register a co-operative and its rules if, in the opinion of the Registrar, the corporate name of the co-operative—

(a) is undesirable;


(i) a name under which another body is incorporated under the Associations Incorporation Act 1981; or



(iv) the corporate name of another body that is registered as a co-operative under this Act; or




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(2) For section 255(6) of the Co-operatives Act 1996, substitute—

"(6) The Registrar must refuse to approve a change of name if the Registrar is of the opinion that that the new name—

(a) is undesirable;







(3) For section 255(7) of the Co-operatives Act 1996, substitute—

"(7) The Registrar may direct a co-operative to change its name if the Registrar is of the opinion that the co-operative's name—

(a) is undesirable;



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(4) For section 374 of the Co-operatives Act 1996, substitute—

"374 Name of foreign co-operative

A foreign co-operative that is authorised to carry out business in this State must not do so under a name that, in the opinion of the Registrar—

(a) is undesirable;



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31 Fair Trading Act 1999

In Schedule 1 to the Fair Trading Act 1999, omit "Business Names Act 1962".

32 Gambling Regulation Act 2003

(1) Section 3.5.34AA(7) of the Gambling Regulation Act 2003 is repealed.

(2) Section 3.5.34AB(5) of the Gambling Regulation Act 2003 is repealed.

(3) Section 3.5.34(5) of the Gambling Regulation Act 2003 is repealed.

(4) Section 3.5.35(4) of the Gambling Regulation Act 2003 is repealed.



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33 Major Sporting Events Act 2009

In section 29 of the Major Sporting Events Act 2009, for "Business Names Act 1962 or a corresponding law of another State or Territory of the Commonwealth" substitute "Business Names Registration Act 2011 of the Commonwealth".

34 Motor Car Traders Act 1986

In section 17(1) of the Motor Car Traders Act 1986, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

35 Partnership Act 1958

(1) For section 55(2) of the Partnership Act 1958, substitute—

"(2) However, except with the consent of the Minister, the Director must not register a limited partnership if the Director is of the opinion that the firm-name—

(a) is undesirable;




(iii) the firm-name of another body that is registered as a limited partnership or an incorporated limited partnership under this Act; or



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(2) Section 59 of the Partnership Act 1958 is repealed.

(3) For section 89(4) of the Partnership Act 1958, substitute—

"(4) However, except with the consent of the Minister, the Director must not record in the Register as the firm-name of an incorporated limited partnership a name that, in the opinion of the Director—

(a) is undesirable;




(iii) the firm-name of another body that is registered as a limited partnership or an incorporated limited partnership under this Act; or



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(4) Section 93 of the Partnership Act 1958 is repealed.

36 Private Security Act 2004

In section 126(1) of the Private Security Act 2004, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

37 St George Bank and Advance Bank Australia Act 1998

(1) In section 5(3) of the St George Bank and Advance Bank Australia Act 1998, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

(2) In section 5(4) of the St George Bank and Advance Bank Australia Act 1998, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

38 Transport Integration Act 2010

(1) In section 82 of the Transport Integration Act 2010, for "the Business Names Act 1962 or any other Act" substitute "any Act".

(2) In section 117 of the Transport Integration Act 2010, for "the Business Names Act 1962 or any other Act" substitute "any Act".



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(3) In section 129 of the Transport Integration Act 2010, for "the Business Names Act 1962 or any other act" substitute "any Act".

39 Travel Agents Act 1986

(1) In section 12(1) of the Travel Agents Act 1986, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

(2) In section 32(3) of the Travel Agents Act 1986, for "section 20 of the Business Names Act 1962" substitute "sections 19 and 20 of the Business Names Registration Act 2011 of the Commonwealth".

40 Victorian Urban Development Authority Act 2003

In section 6 of the Victorian Urban Development Authority Act 2003, for "the Business Names Act 1962 or any other Act" substitute "any Act".

41 Wrongs Act 1958

In section 13C(2) of the Wrongs Act 1958, for "Business Names Act 1962" substitute "Business Names Registration Act 2011 of the Commonwealth".

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ENDNOTES

Endnotes


30

† Minister's second reading speech—

Legislative Council: 27 October 2011

Legislative Assembly: 23 November 2011

The long title for the Bill for this Act was "A Bill for an Act to adopt the Business Names Registration Act 2011 of the Commonwealth and the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth and to refer certain matters relating to the registration and use of business names to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, to repeal the Business Names Act 1962 and to provide for related transitional and consequential matters."

Documents

Business Names (Commonwealth Powers) Act 2011FILE/11-079a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 Act Act No. Section Page Business Names (Commonwealth Powers)