Business Names Regulations 2007
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Business Names Act 1962 .
19 November 2007W. J. E. COX
Governor
By His Excellency's Command,
STEVEN KONS
Minister for Justice and Workplace Relations
These regulations may be cited as the Business Names Regulations 2007 .
These regulations take effect on 24 December 2007.
In these regulations –Act means the Business Names Act 1962 ;document includes any form specified in Schedule 1 .
The forms specified in Schedule 1 are prescribed for the purpose of the Act.
(1) Any document to be lodged with the Commissioner under the Act is to comply with the following requirements:(a) the document is to be in an A4 folio format;(b) the document is to be typewritten or handwritten and clearly legible;(c) the document is not to be a carbon copy.(2) The Commissioner may accept for lodgment a document that does not comply with all the requirements specified in subregulation (1) if satisfied that –(a) the document substantially complies with those requirements, is clearly legible and is in a durable condition; and(b) the rejection of the document may impose undue hardship on the person by whom, or on whose behalf, the document was submitted to the Commissioner; and(c) in the circumstances, it is reasonable that the document be accepted for lodgment.(3) The Commissioner may accept electronic lodgment of any document.
6. Application for consent of Minister
An application under section 9(1) of the Act for the consent of the Minister to the registration of a particular business name is to be –(a) in writing; and(b) lodged with the Commissioner within one month.
(1) The fees specified in Schedule 2 are prescribed as the fees payable in respect of the matters to which they relate.(2) The Commissioner, if satisfied that just cause exists for the late lodgment of any document, may waive, in whole or in part, the additional fee payable under paragraph (b) of Item 5 of Schedule 2 .
SCHEDULE 1 - Forms
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
SCHEDULE 2 - Fees
Item | Fee units | 1. | On lodging a statement under section 7(1) of the Act | 100 | 2. | For a certificate of registration issued under section 7(5) of the Act | 10 | 3. | On lodging a statement under section 11(1) of the Act | 100 | 4. | On lodging a statement under section 12 of the Act | Nil | 5. | On the late lodging of any document under the Act, in addition to any other fee – | (a) if lodged within 1 month after the period prescribed by law | 10 | (b) if lodged more than 1 month after the period prescribed by law | 20 | 6. | On lodging any statutory declaration | 5 | 7. | For inspection of any statement lodged with the Commissioner under the Act and making a copy of the statement – | (a) if made by way of personal inspection | 5 | (b) if made otherwise than by way of personal inspection | 10 | 8. | For a certificate of registration or non-registration, for a certified copy of, or certified extract from, the register or a certified copy of, or certified extract from, a document forming part of the register | 10 | 9. | For photographic copies of documents in the custody of the Commissioner – | (a) for first 2 pages | 2.5 | (b) for each additional page | 0.5 | 10. | For a search as to whether a name proposed to be adopted as a business name is available – | for each name | 11 | 11. | For a search for which a fee is not elsewhere prescribed – | (a) if made by way of personal inspection | 5 | (b) if made otherwise than by way of personal inspection | 10 | 12. | For any other act the Commissioner is required or authorised to do under the Act and for which a fee is not elsewhere prescribed | 10 | 13. | On lodging any document with or by the Commissioner if a fee for the lodging is not elsewhere prescribed | 10 | 14. | On a subpoena served on the Commissioner to produce any document in his or her custody | 20 | 15. | For each application for consent of the Minister to the use of a business name | 100 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 November 2007
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe forms for the purpose of the Business Names Act 1962 ; and(b) prescribe the requirements for lodging documents with the Commissioner for Corporate Affairs; and(c) prescribe the fees payable under that Act; and(d) are made consequentially on the repeal of the Business Names Regulations 1997 under section 11 of the Subordinate Legislation Act 1992 .