Business Names (Commonwealth Powers) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—ADOPTION AND REFERENCE OF MATTERS 3 3 Definitions 3 4 Continuing business names matters 5 5 Adoption of national business names legislation 6 6 Reference of continuing business names matters 7 7 Amendment of Commonwealth law 7 8 Termination of adoption and amendment reference 8 9 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 13 13 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 13 15 Expired but renewable business names 14 16 Registrations cancelled before change-over day 15 -- 1 of 32 -- Section Page ii Authorised by the Chief Parliamentary Counsel 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 17 20 Notification that pending applications for renewal to be held 18 21 Determination of pending applications for renewal 18 22 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 19 25 Offences committed before change-over day 19 Division 7—Infringements and fees 20 26 Infringement notices 20 27 Fees 20 28 Delegation by Director 20 PART 5—CONSEQUENTIAL AMENDMENTS 21 29 Associations Incorporation Act 1981 21 30 Co-operatives Act 1996 22 374 Name of foreign co-operative 24 31 Fair Trading Act 1999 25 32 Gambling Regulation Act 2003 25 33 Major Sporting Events Act 2009 26 34 Motor Car Traders Act 1986 26 35 Partnership Act 1958 26 36 Private Security Act 2004 28 37 St George Bank and Advance Bank Australia Act 1998 28 38 Transport Integration Act 2010 28 39 Travel Agents Act 1986 29 40 Victorian Urban Development Authority Act 2003 29 41 Wrongs Act 1958 29 ══════════════ ENDNOTES 30 -- 2 of 32 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 -- 3 of 32 -- Part 1—Preliminary Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 2 Authorised by the Chief Parliamentary Counsel 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. __________________ s. 2 -- 4 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 3 Authorised by the Chief Parliamentary Counsel 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. 3 -- 5 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 4 Authorised by the Chief Parliamentary Counsel 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. s. 3 -- 6 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 5 Authorised by the Chief Parliamentary Counsel 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; s. 4 -- 7 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 6 Authorised by the Chief Parliamentary Counsel (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 s. 5 -- 8 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 7 Authorised by the Chief Parliamentary Counsel (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 s. 6 -- 9 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 8 Authorised by the Chief Parliamentary Counsel 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). s. 8 -- 10 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 9 Authorised by the Chief Parliamentary Counsel 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— s. 9 -- 11 of 32 -- Part 2—Adoption and Reference of Matters Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 10 Authorised by the Chief Parliamentary Counsel (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. __________________ s. 9 -- 12 of 32 -- Part 3—Repeal of the Business Names Act 1962 Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 11 Authorised by the Chief Parliamentary Counsel PART 3—REPEAL OF THE BUSINESS NAMES ACT 1962 10 Repeal of Business Names Act 1962 The Business Names Act 1962 is repealed. __________________ See: Act No. 6853. Reprint No. 7 as at 22 February 2008 and amending Act No. 72/2010. LawToday: www. legislation. vic.gov.au s. 10 -- 13 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 12 Authorised by the Chief Parliamentary Counsel 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; s. 11 -- 14 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 13 Authorised by the Chief Parliamentary Counsel 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 s. 12 -- 15 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 14 Authorised by the Chief Parliamentary Counsel 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. s. 15 -- 16 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 15 Authorised by the Chief Parliamentary Counsel (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. s. 16 -- 17 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 16 Authorised by the Chief Parliamentary Counsel (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. s. 17 -- 18 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 17 Authorised by the Chief Parliamentary Counsel (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. s. 18 -- 19 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 18 Authorised by the Chief Parliamentary Counsel 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. s. 20 -- 20 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 19 Authorised by the Chief Parliamentary Counsel 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 s. 23 -- 21 of 32 -- Part 4—Transitional Provisions Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 20 Authorised by the Chief Parliamentary Counsel 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. __________________ s. 26 -- 22 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 21 Authorised by the Chief Parliamentary Counsel 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.". s. 29 -- 23 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 22 Authorised by the Chief Parliamentary Counsel 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; (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or (v) a name that is reserved or registered under the Corporations Act for another body.". s. 30 -- 24 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 23 Authorised by the Chief Parliamentary Counsel (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; (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or (v) a name that is reserved or registered under the Corporations Act for another body.". (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; s. 30 -- 25 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 24 Authorised by the Chief Parliamentary Counsel (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or (v) a name that is reserved or registered under the Corporations Act for another body.". (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; s. 30 -- 26 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 25 Authorised by the Chief Parliamentary Counsel (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or (v) a name that is reserved or registered under the Corporations Act for another body.". 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. s. 31 -- 27 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 26 Authorised by the Chief Parliamentary Counsel 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; (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or s. 33 -- 28 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 27 Authorised by the Chief Parliamentary Counsel (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.". (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; (b) is likely to be confused with or mistaken for— (i) a name under which another body is incorporated under the Associations Incorporation Act 1981; 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 this Act; or s. 35 -- 29 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 28 Authorised by the Chief Parliamentary Counsel (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.". (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". s. 36 -- 30 of 32 -- Part 5—Consequential Amendments Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 29 Authorised by the Chief Parliamentary Counsel (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". ══════════════ s. 39 -- 31 of 32 -- Business Names (Commonwealth Powers) Act 2011 No. 79 of 2011 30 Authorised by the Chief Parliamentary Counsel ENDNOTES † 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." Endnotes -- 32 of 32 --