Business Names Registration Act 2011

Business Names Registration Act 2011
Parliament of Australia
Long title An Act in relation to business names, and for related purposes
Assented to	3 November 2011
Introduced by	Julia Gillard
Status: In force

The Business Names Registration Act 2011 is a Commonwealth legislation that codifies the registration, renewal and cancellation procedures with respect to business names in Australia. All business structures that trade or deal under a name other than their legal entity name in Australia must apply for a business name.^{[1][2][3][4][5]}

The Act was introduced when the responsibility to administer trading names registers was transferred from state and territory governments to the federal government, with the intention of unifying the state and territory governments' trading names registers into a national business names register. On 28 May 2012, all existing trading names registered with state and territory governments' trading names registers that complied with the Act were automatically transferred to the national business names register. The Australian Securities and Investments Commission (ASIC) was appointed to establish and maintain the national business names register under the Act s 22(1).^{[1][6][3][7][5]}

A purpose for the national business names register is further stated under the Act sub-s 22(2):

The purpose of the Business Names Register is to enable those who engage or propose to engage with a business carried on under a business name to identify the entity carrying on the business and how the entity may be contacted.

Registration protections[]

The registration of a business name does not confer to an applicant any exclusive rights over a business name nor indemnification against intellectual property infringement (for example, if such business name would constitute liability for intellectual property infringement as it is of an identical or similar nature to an already registered trademark).^[8]

Availability requirements[]

In accordance with the Act s 25, the rules for determining if a business name is available to an entity are set out in the .^[9][10][11] Additionally, an applicant whose proposed business name would ordinarily be refused under the Act has the right to apply for ministerial consent to set aside the default provisions of the Names Act if the minister who has been delegated such power, at their sole discretion, considers the request reasonable.^[12]

References[]

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