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CLAUSE NOTES
Business Names Registration (Transitional & Consequential
Provisions) Bill 2011
PART 1 PRELIMINARY
Clause 1 Short Title
The Act is referred to as the Business Names Registration
(Transitional & Consequential Provisions) Bill 2011
Clause 2 Commencement
Sections 1,3,6, and 10 and Schedule 1 commence on
Royal Assent, the remaining provisions commence on
Proclamation.
Clause 3 Interpretation
This clause defines a number of terms used in the Bill. Of
particular note are:
"change over day" refers to the day on which the power
to register business names will be transferred to the
Commonwealth Government. From this date the
Commonwealth will have responsibility for registering
business names.
"Tasmanian Referral Act" means the Business Names
(Commonwealth Powers) Act 2011.
Clause 4 Renewal applications for registrations that expire on
or after change-over-day
This clause provides that an application for renewal of a
business name may not be made where the registration
is scheduled to expire on or after the change over date.
In the unlikely event that the change over date is set by
proclamation, but the actual transfer date slips for
technical reasons, the Commissioner may still accept
renewal applications.
Clause 5 Applications and notifications not resolved on or
before change-over-day
Any applications for renewal of a business name which are
still not registered by the change over day will lapse.
Clause 6 Information
Allows data to be transferred to the Commonwealth to
ensure an effective transition to the new national system.
Clause 7 References to existing Act
Provides that any reference in any State legislation to the
Business Names Act 1962 is taken to be a reference to
the national business names legislation.
Clause 8 Savings and transitional regulations
Provides that the Governor may make relevant savings
and transitional regulations consequent on the Referral
Bill.
Clause 9 Administration of Act
The Act is administered by the Minister for Corrections and
Consumer Protection. The Department of Justice is
responsible for the Act.
Clause 10 Consequential amendments Schedule 1
The renewal provisions, detailed in section 11, are
amended to allow the time-frame for business names
renewals to be effectively aligned to the change over date.
Clause 11 Legislation repealed Schedule 2
The Business Names Act 1962 is repealed on the day that
this Act is proclaimed.
Clause 12 Legislation rescinded Schedule 3
The Business Names Regulations 2007 are rescinded on
the day that this Act is proclaimed
Clause 12 Legislation revoked Schedule 4
The following legislation is revoked on the day that this Act
is proclaimed:
Proclamation under the Business Names Act 1962;
Business Names (Sydney 2000 Olympic and
Paralympic Games ) Direction 1994
Business Names Direction 1999.