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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Business Names Registration (Transitional Arrangements)
Bill 2012
A BILL FOR
An Act to enact ancillary provisions, including transitional provisions,
relating to the enactment by the Parliament of the Commonwealth of legislation
relating to the registration of business names under its legislative powers,
including powers with respect to matters referred to that Parliament for the
purposes of section 51(xxxvii) of the Constitution of the
Commonwealth; to amend the
Bank
Merger (BankSA and Advance Bank) Act 1996, the Bank
Merger (National/BNZ) Act 1997, the Bank
Mergers (South Australia) Act 1997, the Building
Work Contractors Act 1995, the Motor
Vehicles Act 1959, the Partnership
Act 1891, the Plumbers,
Gas Fitters and Electricians Act 1995, the Security
and Investigation Agents Act 1995 and the Travel
Agents Act 1986; and to repeal the Business
Names Act 1996.
Contents
1Short title
2Commencement
3Interpretation
4Commission may
provide information and assistance to ASIC
5Limitation of operation of
Business Names Act during transitional period
6Continuation of
registration of certain business names
7Resolution of
outstanding matters
8Immunity from liability
9References
10Evidentiary
provision
11Regulations
Schedule 1—Related amendments and
repeal
Part 1—Preliminary
1Amendment provisions
Part 2—Amendment of
Bank Merger (BankSA and Advance Bank) Act 1996
2Amendment of section 21—Name in which
ABAL carries on business
Part 3—Amendment of
Bank Merger (National/BNZ) Act 1997
3Amendment of
section 13—Name in which National carries on business
Part 4—Amendment of
Bank Mergers (South Australia) Act 1997
4Amendment of
section 3—Regulations for the merging of banks
Part 5—Amendment of
Building Work Contractors Act 1995
5Amendment of
section 49—Name in which building work contractor may carry on
business
Part 6—Amendment of
Motor Vehicles Act 1959
6Amendment of
section 62—Issue of trade plates
Part 7—Amendment of
Partnership Act 1891
7Amendment of
section 52—Application for registration
8Amendment of
section 53—Registration of limited partnership or incorporated
limited partnership
9Amendment of section 55—Changes in
registered particulars
Part 8—Amendment of
Plumbers, Gas Fitters and Electricians Act 1995
10Amendment of section 33—Name in
which contractor may carry on business
Part 9—Amendment of
Security and Investigation Agents Act 1995
11Amendment of
section 18—Name in which licensed agent may carry on
business
Part 10—Amendment of
Travel Agents Act 1986
12Amendment of
section 3—Interpretation
Part 11—Repeal of
Business Names Act 1996
13Repeal of Business Names
Act 1996
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Business Names Registration (Transitional
Arrangements) Act 2012.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or to a
provision of this Act.
In this Act—
ASIC means the Australian Securities and Investments
Commission;
change-over day means the day on which Part 2 of the
Business Names Registration Act 2011 of the Commonwealth comes into
operation;
Commission means the Corporate Affairs Commission;
Commonwealth Acts means the Business Names Registration
Act 2011, and the Business Names Registration (Transitional and
Consequential Provisions) Act 2011, of the Commonwealth;
cut-off day means—
(a) 11 May 2012; or
(b) if a later day is prescribed by the regulations for the purposes of
this definition—that day;
registration, of a business name, means registration of the
business name under the
Business
Names Act 1996;
transitional period means the period commencing on the day
after the cut-off day and finishing on the change-over day.
4—Commission
may provide information and assistance to ASIC
Despite any other Act or law, the Commission is authorised to provide to
ASIC (whether at the request of ASIC or otherwise)—
(a) such documents and other information in the possession or control of
the Commission that may be reasonably required by ASIC in connection with the
performance or exercise of its functions or powers under the Commonwealth Acts;
and
(b) such other assistance as is reasonably required by ASIC to perform or
exercise a function or power under the Commonwealth Acts.
5—Limitation
of operation of Business Names Act during transitional
period
Despite a provision of the Business
Names Act 1996 or any other Act or law, the Commission may refuse
to exercise a function or power under Part 2 of Business
Names Act 1996 during the transitional period if the Commission is
of the opinion that it is appropriate for the matter to be dealt with under
1 or both of the Commonwealth Acts.
6—Continuation
of registration of certain business names
(1) Despite a provision
of the Business
Names Act 1996, where the Commission decides to refuse to exercise
a power under Part 2 of that Act to renew the registration of a business
name that is due to expire during the transitional period, the Commission may
extend the period of registration of that business name under that Act until the
change-over day, or for such longer period as may be determined by the
Commission (and any such extension will have effect according to its
terms).
(2) This section does not limit or affect the operation of
section 7.
7—Resolution
of outstanding matters
(1) This section applies to, or in relation to, the following
matters:
(a) an application for the registration of a business name under the Business
Names Act 1996 that was made, but not finally determined, before
the change-over day;
(b) an application for renewal of the registration of a business name
under the Business
Names Act 1996—
(i) that was made, but not finally determined, before the change-over day;
or
(ii) that was made within 2 months after the date of expiry of the
registration (whether the date of application was before or after the
change-over day);
(c) the reinstatement of the registration of a business name under
section 15 of that Act (being a reinstatement following a request of the
proprietor of the business name that was made, but not finally determined,
before the change-over day).
(2) Despite a provision of any other Act or law, the Commission may
resolve a matter to which this section applies as if—
(a) the Business
Names Act 1996 had not been repealed; and
(b) the Commonwealth Acts had not been enacted.
(3) If—
(a) a court finally determines an appeal under the Business
Names Act 1996 after the change-over day; and
(b) the court makes an order that a particular business name be
registered, or that the registration of a particular business name be renewed or
reinstated, under that Act,
the Commission must notify ASIC under item 6 of Schedule 1 of the
Business Names Registration (Transitional and Consequential Provisions)
Act 2011 of the Commonwealth in such terms as may be necessary to give
effect to the order.
(4) Without limiting
section 5, if a
proprietor of a registered business name has given the Commission notice of a
change in accordance with section 12 of the Business
Names Act 1996 before the change-over day, but the Commission has
not yet corrected or supplied the deficiency in the register under that Act, the
Commission may correct or supply the deficiency in the register as if this Act
had not been enacted.
(5) Nothing in this section limits the operation of section 16 of the
Acts
Interpretation Act 1915.
No civil liability attaches to the Crown, the Commission or a person
engaged in the administration of this Act for an act or omission by the
Commission or person in the exercise or purported exercise of official powers or
functions under this Act.
(1) Unless the contrary intention appears or the context requires a
different interpretation, a reference in an Act, a statutory instrument, or any
other kind of instrument or a contract, agreement or other document, to the
Business
Names Act 1996, or a provision of that Act, will have effect as if
it were a reference to the Business Names Registration Act 2011 of
the Commonwealth, or the corresponding provision of that Act.
(2) Unless the contrary intention appears or the context requires a
different interpretation, a reference in an Act, a statutory instrument, or any
other kind of instrument or a contract, agreement or other document to a
registered business name will be taken to be a reference to a registered
business name within the meaning of the Business Names Registration
Act 2011 of the Commonwealth.
(1) An apparently genuine document purporting to be issued by ASIC and
certifying—
(a) that a business name was or was not registered under the Business
Names Act 1996 or the Business
Names Act 1963 at a specified date before the change-over day;
or
(b) as to any matter contained in the register under the Business
Names Act 1996 or the Business
Names Act 1963 before the change-over day,
is to be accepted in legal proceedings, in the absence of proof to the
contrary, as proof of the matter so certified.
(2) An apparently genuine document purporting to be issued by the
Commission and certifying—
(a) that a business name was or was not registered under the Business
Names Act 1996 or the Business
Names Act 1963 at a specified date; or
(b) as to any matter contained in the register under the Business
Names Act 1996 or the Business
Names Act 1963,
is to be accepted in legal proceedings, in the absence of proof to the
contrary, as proof of the matter so certified.
(3) An apparently genuine document purporting to be a copy of a document
lodged with the Commission under the Business
Names Act 1996 or the Business
Names Act 1963 and certified by the Commission as a true copy of
the document is to be accepted in any legal proceedings, in the absence of proof
to the contrary, as a true copy of the document.
(4) An apparently genuine document purporting to be a copy of a document
lodged with the Commission under the Business
Names Act 1996 or the Business
Names Act 1963 and provided to ASIC under this Act, and certified
by ASIC as a true copy of the document, is to be accepted in any legal
proceedings, in the absence of proof to the contrary, as a true copy of the
document.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on—
(a) the enactment of this Act; or
(b) the enactment of the Business
Names (Commonwealth Powers) Act 2012; or
(c) the transition from the application of provisions of the Business
Names Act 1996, or any other law of the State otherwise regulating
business names, to the application of provisions under the Commonwealth
Acts.
(2) Without limiting the generality of
subsection (1),
the regulations may fix and provide for the payment of fees to be paid in
connection with the operation of this Act (and allow the Commission, if it
thinks it appropriate to do so, to waive, reduce or refund any fees).
(3) A provision of a
regulation made under
subsection (1)
may, if the regulation so provides, take effect from the commencement of the
relevant Act or from a later day.
(4) To the extent to which a provision takes effect under
subsection (3)
from a day earlier than the day of the regulation's publication in the Gazette,
the provision does not operate to the disadvantage of a person
by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Schedule 1—Related
amendments and repeal
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Bank Merger (BankSA and
Advance Bank) Act 1996
2—Amendment
of section 21—Name in which ABAL carries on business
(1) Section 21(1)(d)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
(2) Section 21(2)—delete subsection (2)
Part 3—Amendment of Bank Merger
(National/BNZ) Act 1997
3—Amendment
of section 13—Name in which National carries on
business
(1) Section 13(1)(c)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
(2) Section 13(2)—delete subsection (2)
Part 4—Amendment of Bank Mergers (South
Australia) Act 1997
4—Amendment
of section 3—Regulations for the merging of
banks
Section 3(2)(j)—delete paragraph (j)
Part 5—Amendment of Building Work
Contractors Act 1995
5—Amendment
of section 49—Name in which building work contractor may carry on
business
Section 49—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 6—Amendment of Motor Vehicles
Act 1959
6—Amendment
of section 62—Issue of trade plates
Section 62(6)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 7—Amendment of Partnership
Act 1891
7—Amendment
of section 52—Application for registration
(1) Section 52(1)(c)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
(2) Section 52(3)—delete subsection (3)
8—Amendment
of section 53—Registration of limited partnership or incorporated
limited partnership
Section 53(2)(b)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
9—Amendment
of section 55—Changes in registered particulars
Section 55(4)(b)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 8—Amendment of Plumbers, Gas Fitters
and Electricians Act 1995
10—Amendment
of section 33—Name in which contractor may carry on
business
Section 33—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 9—Amendment of Security and
Investigation Agents Act 1995
11—Amendment
of section 18—Name in which licensed agent may carry on
business
Section 18—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 10—Amendment of Travel Agents
Act 1986
12—Amendment
of section 3—Interpretation
Section 3, definition of authorised name, (b)—delete "Business
Names Act 1996" and substitute:
Business Names Registration Act 2011 of the
Commonwealth
Part 11—Repeal of Business Names
Act 1996
13—Repeal
of Business Names
Act 1996
The Business
Names Act 1996 is repealed.