REGISTRATION OF BUSINESS NAMES BILL 2013 (BILL NO... OF 2013)

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1 REGISTRATION OF BUSINESS NAMES BILL 2013 (BILL NO.... OF 2013)

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3 REGISTRATION OF BUSINESS NAMES BILL 2013 (BILL NO.... OF 2013) A BILL Entitled AN ACT IN RELATION TO BUSINESS NAMES, TO REPEAL THE REGISTRATION OF BUSINESS NAMES ACT (CAP. 178), AND FOR RELATED PURPOSES ENACTED by the National Parliament of Solomon Islands

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5 5 1. Short title 2. Commencement and objects 3. Act binds the Crown 4. Interpretation ARRANGEMENT OF CLAUSES Part 1 Preliminary Part 2 The Register of Business Names 5. The Register 6. Contents of the Register 7. How and where the Register is to be kept 8. Certificates as to contents of the Register Part 3 Requirement to register business names 9. Business names must be registered 10. Business communications must include business name and registered business name 11. When registration not required Part 4 Registration of business names Division 1 Registration of business names 12. Applications for registration 13. Registration of business names 14. Business name certificates 15. Notice of changes of business name and business information 16. Register to be updated 17. Which business names are not to be registered 18. Multiple applications, notices, for the same name 19. No presumption of validity or invalidity Division 2 Regular and other returns 20. Return months 21. Regular returns 22. Registrar may require registered information to be confirmed or updated Division 3 Removing business names from the Register 23. Notice where business name inappropriately registered or registered business information inaccurate or incomplete 24. Removal of business name from the Register 25. Restoration of business name to the Register 26. Offences 27. Onus of proof for defences 28. Offences for false statements Part 5 Enforcement

6 6 29. Limitation period for offences 30. Application of this Act to unincorporated bodies Part 6 Miscellaneous 31. Service on registered principal business address good service 32. Extensions of time 33. Protection of officers etc 34. Appeals 35. Recovery of fees etc 36. Delegation by Registrar 37. Use of expert systems 38. Repeals 39. Regulations

7 Registration of Business Names Bill PART 1 PRELIMINARY 1. This Act may be cited as the Registration of Business Names Act (1) This Act commences on a date appointed by the Minister, by notice in the Gazette. Short title Commencement and objects (2) The objects of this Act are to ensure that, if an entity carries on a business under a business name, those who engage or propose to engage with that business can identify and contact the entity; and to ensure that business names that are the same or almost the same as other business names, or the registered names of companies, charitable trusts or co-operative societies, are not used where that would confuse or mislead; and to ensure that business names that should not be used, including because they are misleading, deceptive or offensive to the public, are not used. 3. This Act binds the Crown in all its capacities, but does not make the Crown liable to prosecution for an offence. 4. (1) In this Act, unless the contrary intention appears Act binds the Crown Interpretation actual name of an individual means the full name, or the first name (or its initial) and the surname, of the individual; and of a body corporate means

8 8 (i) (ii) (iii) (iv) if a company the full name under which the company is registered under the Companies Act 2009, as shown on its current certificate of registration under that Act; or if a co-operative society the full name under which the society is registered under the Co-operative Societies Act (Cap. 164), as shown on its current certificate of registration under that Act; or if a charitable trust the full name under which the trust board for the trust is registered under the Charitable Trusts Act (Cap. 55), as shown on its current certificate of registration under that Act; or otherwise the name under which the entity was incorporated, or the name to which that name has been changed in accordance with law; and (d) of a body politic means the full name of the body; and of a partnership means the actual names each of the partners; approved means approved by the Registrar under this Act; business includes dealing in land, goods or services in connection with carrying on a profession, trade, occupation, vocation or calling; or performing governmental functions;

9 9 including by the Crown or a government body, whether with a view to profit or not, and activities related thereto; business communication includes each of the following, in connection with a business (d) (e) a letter; a written order for goods or services; a written offer to supply goods or services; an invoice, account or receipt; a demand for payment; business information, in relation to a registered business name, means each of the following (d) (e) (f) the name of each entity to which the business name is registered; if an entity to which the business name is registered as a company, a charitable trust or a co-operative society the registration number of the entity under the relevant written law under which it is so registered; the physical address of each entity to which the business name is registered; the physical address at which the business is principally carried on; a contact phone number for the business; if the entity uses in connection with carrying on the business a contact address;

10 10 (g) (h) if the entity uses a fax in connection with carrying on the business the fax number; if the business uses a website in connection with the business that internet address of the website; business name means a name used or to be used in relation to a business; charitable trust means a trust registered under the Charitable Trusts Act (Cap. 55); company means a body registered or re-registered under the Companies Act 2009; co-operative society means a co-operative society registered under the Co-operative Societies Act (Cap. 164); court means the High Court of Solomon Islands; document means information in written or electronic form, or both; and includes anything from which information may be reproduced (with or without the aid of anything else); electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic; entity means each of the following an individual; a body corporate; a body politic;

11 11 (d) (e) a partnership; an unincorporated association or body of persons; Register means the register established under section 5; registered means registered under this Act; Registrar means the Registrar of Companies under the Companies Act 2009; registration number, for a business name, means the number allocated under section 13 (1) for the name; working day means a day that is not a Saturday or a Sunday, or a public holiday in Honiara; writing includes representing or reproducing words, figures, or symbols in a visible and tangible form by any means and in any medium; or in a visible form in any medium by electronic means that enables them to be stored in permanent form and be retrieved and read; (2) An entity may carry on businesses in different capacities (for example, in its own right, or as a trustee). This Act applies separately to each capacity in which it does so. PART 2 THE REGISTER OF BUSINESS NAMES 5. The Registrar must establish and maintain a register for this Act (the Register of Business Names ). 6. (1) The Register must include the following for each registered business name The Register Contents of the Register

12 12 (d) the business information in respect of the business name; the registration number; the date of registration; for any changes in the registration or the business information the date of the change. How and where the Register is to be kept Certificates as to contents of the Register (2) The Register must not include any other information. 7. (1) The Register may be kept in any way that the Registrar thinks appropriate, including, either wholly or partly, in electronic form. (2) If kept in electronic form, the Register may be kept outside Solomon Islands. (3) If kept otherwise than in electronic form, the Register must be kept in Solomon Islands. (4) The Register must be kept in a way that facilitates searching of the Register by members of the general public. 8. (1) The Registrar must, on application by any person, give the person a statement, certified by the Registrar whether a specified business name is registered as at a particular date; and if it is so registered of the business information registered in respect of the business name at that date. (2) The statement is admissible in any legal proceedings as evidence that the contents of the Register are as set out in the statement and, unless the contrary is established, is conclusive evidence of that matter.

13 13 Business names must be registered PART 3 REQUIREMENT TO REGISTER BUSINESS NAMES 9. Subject to this Act, if an entity carries on a business in Solomon Islands, the name under which the entity carries on the business must be registered to the entity. Business communications must include business name and registered business name 10. (1) Subject to this Act, if an entity carries on a business in Solomon Islands; and in the course of or for the purposes of the business, the entity issues a business communication; the communication must state, in a clear and legible way, the name under which the entity carries on the business. (2) Subject to this Act, if an entity carries on a business in Solomon Islands; and in the course of or for the purposes of the business, the entity issues a business communication; the name stated in the communication as the name under which the entity carries on the business must be registered to the entity in respect of the business. 11. (1) A business name does not have to be registered to an entity in respect of a business if When registration not required the business name under which the entity carries on the business is the entity s actual name; or the business comprises solely 1 or more of the following

14 14 (i) (ii) (ii) being a party to a legal proceeding, including an administrative proceeding and an arbitration; buying or holding a particular property; maintaining a bank account; or the business consists of a single transaction only. (2) If an entity carries on a business in the course of and for the purposes of winding up a bankrupt estate or liquidating a body corporate, the business name under which the business is conducted does not have to be registered to the entity. Applications for registration PART 4 REGISTRATION OF BUSINESS NAMES Division 1 Registration of business names 12. (1) An entity may apply to the Registrar for registration of a business name to the entity. (2) The application must be made by or for the entity that proposes to carry on a business under the name; and be in the approved form; and be accompanied by the prescribed fee or by evidence that arrangements satisfactory to the Registrar have been made for payment of the prescribed fee; and include or be accompanied by the other information and documents specified in the regulations or in the approved form. (3) A separate application is required for each business name.

15 15 (4) Two or more business names may be registered to an entity in respect of the same business. Registration of business names 13. (1) On an application under section 12, the Registrar must, subject to this Act, register the name to the entity in respect of the business and allocate a unique identifying number (or combination of letters and numbers) to the business name. (2) A business name is registered to an entity when the Registrar enters the following in the Register (d) the name; the business information about the name; the registration number for the name; and the date of registration. (3) If the Registrar refuses to register a business name to an entity, the Registrar must give the entity written notice of the refusal, and the reasons for the refusal. 14. (1) The Registrar must issue to the entity to which a business name is registered a certificate of registration of the name, in the approved form. Business name certificates (2) If an entity carries on a business in Solomon Islands; and the business name under which the business is carried on is registered to the entity; the business name certificate showing the name under which the entity carries on the business must be displayed in a conspicuous position in its principal place of business in Solomon Islands. (2) Subsection (1) does not apply if compliance would contravene another written law.

16 (1) If a business name is registered to an entity; and the business name, or any of the business information registered in respect of the name, changes; and Notice of changes of business name and business information notice of the change, in the approved form, must be given to the Registrar within 20 working days after the change. (2) The notice must (d) be given by or for the entity; and if a fee is prescribed in respect of the notice be accompanied by the fee or by evidence that arrangements satisfactory to the Registrar have been made for payment of the fee; and include or be accompanied by the other information and documents specified in the regulations or in the approved form. Register to be updated 16. (1) If the Registrar receives a notice under section 15, the Registrar must, subject to this Act, change the Register to reflect the changes notified. (2) A change takes effect when the Registrar enters the changes in the Register. (3) If the change is to the business name, the Registrar must issue an amended certificate of registration, in the approved form, in respect of the business name. (4) If the Registrar refuses to change the Register to reflect changes notified under section 15, the Registrar must give the entity to which the relevant business name is registered written notice of the refusal, and the reasons for the refusal.

17 17 Which business names are not to be registered 17. (1) Unless the Minister has approved in writing in a particular case, the Registrar must not register a business name to an entity (including under section 16) if the name includes any of the words Imperial, Royal, Crown, Empire, Commonwealth, Government, provincial, municipal or any other word that suggests that the business enjoys the patronage of the Crown, any member of the Royal Family, the Governor-General, a provincial or municipal governing body or a foreign State. (2) The Registrar must not register a business name to an entity (including under section 16) if the name is the same, or almost the same, as (i) (ii) (iii) (iv) a registered business name; or the name of a company, a charitable trust or a co-operative society; or a name for which a registration application for registration of a body as a charitable trust or a co-operative society has been lodged but not determined; or a name specified in, or determined in accordance with, regulations for this section; or (d) the name is the same, or almost the same, as a business name the registration of which to another entity was cancelled within 6 months before the application was made or the notice given; or it appears to the Registrar that the use of the name as a business name would contravene a written law; or the Registrar is satisfied that the use of the name as a business name by the entity would infringe another person s intellectual property

18 18 rights (including rights in respect of trade marks); or (e) the name is, in the Registrar s opinion, likely to mislead, deceive or be offensive to the public. 18. If 2 or more applications for registration of the same, or nearly the same, business name are made; or Multiple applications, notices, for the same name an application for registration of a business name is made and a notice under section 15 in respect of the same, or nearly the same, business name is given; or 2 or more notices under section 15 in respect of the same, or nearly the same, business name are given; the earlier application or notice is to be dealt with before the later one. No presumption of validity or invalidity not 19. (1) To avoid doubt, registration of a business name does create a separate legal entity; or relieve an entity of any other requirement of the laws of Solomon Islands; or create property rights in the business name, or in a word or an expression that constitutes all or part of the business name. (2) Registration of a business name to an entity, and the refusal to register a business name to an entity, does not affect, or creates any presumption as to, the validity or effect of any document.

19 19 Division 2 Regular and other returns Return months 20. (1) On the registration of a business name to an entity, the Registrar must, for the purposes of this Division, allocate a specified month to the registration and notify the entity to which the name is registered. Regular returns Registrar may require registered information to be confirmed or updated (2) The Registrar may, by notice to the entity, allocate another month. 21. Every 2 years after registration of a business name, during the month allocated for the name, the Registrar must be given a return, in the approved form, in relation to the business name and the business information registered in respect of the business name. 22. (1) The Registrar may, at any time, by notice to an entity to which a business name is registered, require the entity to give the Registrar a return, in the approved form, in relation to the business name and the business information registered in respect of the business name. (2) The notice must specify a reasonable time for compliance. (3) The entity must comply with the notice. (4) This section applies in addition to section 21. Division 3 Removing business names from the Register 23. If it appears to the Registrar that a business name registered to an entity should not have been registered because of section 17; or business information registered in respect of a business name registered to an entity is inaccurate or incomplete; Notice where business name inappropriately registered or registered business information inaccurate or incomplete the Registrar may give a written notice to the entity requiring it to do 1 of the following within 20 working days after the date of the notice

20 20 (d) give a notice under section 15 changing the business name or the business information; show cause why the business name should not be removed from the Register. 24. (1) The Registrar must remove a business name from Register if the entity to which it is registered gives notice that it is no longer carrying on the business; or Removal of business name from the Register a return for the business name required by Division 2 has not been given to the Registrar within 6 months after the date it was due; or the Registrar has given the entity a notice under section 23 in respect of the business name and either (i) (ii) the entity has not responded to the notice within the period allowed under that section; or the period allowed under that section has ended and the Registrar is satisfied, after taking into account any representations made by or for the entity in relation to the matter, that the business name should not have been registered because of section 17; or (d) the Registrar has given the entity a notice under section 23 in respect of the business information and either (i) (ii) the entity has not responded to the notice within the period allowed under that section; or the period allowed under that section has ended and the Registrar is satisfied, after

21 21 taking into account any representations made by or for the entity in relation to the matter, that the registered business information is inaccurate or incomplete; or (e) (f) information given to the Registrar by or for the entity in relation to the business name is inaccurate or incomplete; or required by an order of a court. (2) The Registrar must give the entity notice of the removal and the reasons for the removal. (3) The removal takes effect when the notice is given. (4) On removal, the business name ceases to be registered. Restoration of business name to the Register 25. (1) If a business name has been removed for the Register; and the entity to which the business name was registered applies for the name to be restored to the Register; and the application is made within 6 months after the cancellation; the Registrar must, subject to this Act, restore the name to the Register. (2) The application must be made by or for the entity to which the business name was registered; and be in the approved form; and

22 22 be accompanied by the prescribed fee or by evidence that arrangements satisfactory to the Registrar have been made for payment of the prescribed fee; and include or be accompanied by all outstanding returns in respect of the business name and all the other information and documents specified in the regulations or in the approved form. (3) The Registrar must give the entity notice of the restoration. (4) The name is restored to the Register when the notice is given. (5) If a business name is restored to the Register, it is taken never to have been removed from the Register. (6) If the Registrar refuses to restore a business name to the Register, the Registrar must give the entity to which the name was registered written notice of the refusal, and the reasons for the refusal. PART 5 ENFORCEMENT Offences 26. (1) If section 9 or 10 is contravened in respect of a business, the entity that carries of the business commits an offence. Penalty 5,000 penalty units or imprisonment for 6 months, or both. (2) It is a defence to a prosecution for an offence against section 10 that compliance with that section would be contrary to another written law. (3) If section 14 (2) is contravened in respect of a business, the entity to which the relevant business name is registered commits an offence. Penalty 1,000 penalty units.

23 23 (4) If section 21 is contravened in respect of a business name, the entity to which the business name is registered commits an offence. Penalty 1,000 penalty units. (5) An entity that fails to comply with a section 22 (3) commits an offence. Penalty 1,000 penalty units. Onus of proof for defences 27. In a prosecution for an offence against this Act, the burden of establishing that section 11 applies lies on the defendant. Offences for false statements 28. (1) An entity commits an offence if a document given to the Registrar by the entity for or as required by this Act contains a false or misleading statement; or is false or misleading because of the omission of some particular matter. Penalty 5,000 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) that the entity took all reasonable steps to ensure that the document did not contain the statement. (3) It is a defence to a prosecution for an offence against subsection (1) that the entity took all reasonable steps to ensure that the document was not false or misleading. (4) An entity commits an offence if a document given to the Registrar by the entity for or as required by this Act contains a false or misleading statement; and the entity knew or ought to have known that the statement was false or misleading. Penalty 10,000 penalty units or imprisonment for 12 months, or both.

24 24 (5) An entity commits an offence if a document required by or for this Act is false or misleading because of the omission of a material particular; and the entity knew or ought to have known that the omission would make the document false or misleading. Penalty 10,000 penalty units or imprisonment for 12 months, or both. 29. Despite anything to the contrary in the Penal Code (Cap. 26), a prosecution for an offence against this Act may be started at any time within 3 years after the date of the offence. Limitation period for offences 30. If an unincorporated entity commits an offence against this Act, each member of the board of management or governing body of the entity is guilty of the offence. Application of this Act to unincorporated bodies Service on registered principal business address good service PART 6 MISCELLANEOUS 31. (1) Any document or process (including a writ, summons, notice, or order) in any legal proceedings may be served on an entity by leaving it at an address registered as the principal address at which the entity carries on a business the business name of which is registered to the entity (in this section called the registered address of the entity ). (2) Any other document may be served on an entity as described in subclause (1); or by sending it by prepaid post to the a registered address of the entity; or by faxing it to a fax number registered as the fax number of the entity for a business the business name of which is registered to the entity. (3) For this section

25 25 a document that is posted is taken to be received by the addressee 5 working days after it is posted; and a document that is faxed is taken to be received by the addressee on the working day following the day it was faxed; and in proving service of a document by post, it is sufficient to prove that (i) (ii) (iii) the document was properly addressed; and all postal or delivery charges were paid; and the document was delivered to the Solomon Islands Postal Corporation for transmission by post; and (d) in proving service of a faxed document, it is sufficient to prove that the document was properly faxed. (4) A document is not to be taken to have been served or sent or delivered to a person if the person establishes that, through no fault on his or her part, the document was not received within the relevant period prescribed by this section. 32. If a period is prescribed by this Act or the regulations for an entity to do a specified thing, the Registrar may, by notice to the entity, extend the period. The Registrar may do this more than once, and may do it after the period had ended. 33. None of the following the Registrar; Extensions of time Protection of officers etc a public officer engaged in administering this Act;

26 26 is liable to an action or other proceeding for damages for an act done or omitted to be done in the administration or purported administration of this Act unless the act was done or omitted in bad faith. 34. (1) An entity aggrieved by an act or decision of the Registrar under this Act may appeal to the Court within 20 working days after the act or decision, but the Court may, on application, extend this period, and may do so after it has ended. Appeals (2) On an appeal, the Court may set aside the act or decision, in whole or part, and remit the matter to the Registrar to be dealt with in accordance with the Court s directions; or dismiss the appeal. Recovery of fees etc Delegation by Registrar 35. A fee or amount payable to the Registrar under this Act is recoverable by the Registrar in a court of competent jurisdiction as a debt due to the Crown. 36. (1) The Registrar may, by instrument in writing, delegate any of the Registrar s powers and functions (but not this power of delegation) to any public officer who, in the Registrar s opinion, is qualified to exercise the power or perform the function. (2) A delegation may be made either generally or as otherwise provided by the instrument of delegation. (3) A delegation may be subject to conditions specified in the instrument of delegation. (4) A delegated power or function must be exercised or performed in accordance with the instrument of delegation. (5) If the exercise of a power or function by the Registrar depends on the opinion, belief or state of mind of the Registrar about a matter; and

27 27 the power or function has been delegated under this section; the power or function may be exercised by the delegate on the delegate s opinion, belief or state of mind in relation to the matter. (6) A delegation of a power or function does not prevent the exercise of the power or performance of the function by the Registrar. (7) A power or function delegated under this section, when exercised or performed by the delegate, is taken to be exercised or performed by the Registrar. Use of expert systems 37. (1) The Registrar may use, for the purposes of this Act, software or systems that automatically make decisions required by this Act. (2) A decision made by such software or such a system is taken for all purposes to be a decision of the Registrar. (3) This section does not apply to a decision that depends on the opinion, belief or state of mind of the Registrar about a matter. 38. (1) The Registration of Business Names Act (Cap. 178) is repealed. (2) If, on the date of commencement of this Act, a business name is registered to an entity under the Registration of Business Names Act (Cap. 178) Repeals the business name is taken to have been registered under this Act on the commencement of this Act; and the business information for the business name in the register established under the Registration of Business Names Act (Cap. 178) is taken to be registered under this Act; and

28 28 for section 20, the Registrar is taken to have allocated the month in which this Act commences to the registration of those business names under this Act but (i) (ii) the Registrar is not required to notify the entities concerned; and may allocate another month under section 20 (2). [(3) Consequential amendments to other legislation] 39. The Minister may make regulations to give effect to this Act and in particular for all or any of the following purposes Regulations (d) (e) prescribing rules for whether a name is the same or almost the same as another name; prescribing rules for determining the kinds of name that are undesirable for the purposes of this Act; prescribing fees and other amounts payable to the Registrar in respect of this Act, and authorising the Registrar to waive, to the extent and in circumstances set out in the regulations, payment of those fees or amounts; prescribing transitional and savings provisions relating to the coming into force of this Act; providing for any other matters, necessary for the administration of this Act.

29 29 REGISTRATION OF BUSINESS NAMES BILL 2013 The Objects of the Bill are Objects and Reasons to ensure that, if an entity carries on a business under a business name, those who engage or propose to engage with that business can identify and contact the entity; and to ensure that business names that are the same or almost the same as other business names, or the registered names of companies, charitable trusts or co-operative societies, are not used where that would confuse or mislead; and to ensure that business names that should not be used, including because they are misleading, deceptive or offensive to the public, are not used. The Bill is propose as part of the Government s on-going program of reforming business laws to bring them into line with modern best practice and the conditions of business in Solomon Islands. DRAFT ONLY NOT FOR SIGNATURE... MINISTER FOR FINANCE AND TREASURY

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31 31 REGISTRATION OF BUSINESS NAMES BILL 2013 Explanatory Memorandum 1.0 INTRODUCTION This memorandum relates to the Registration of Business Names Bill The Bill is intended to repeal the current Registration of Business Names Act (Cap. 178) and replace it with a law regulating the use of business names in Solomon Islands in a way that accords with modern best practice and is suited to the particular circumstances of Solomon Islands. 2.0 PARTS / CLAUSES 2.1 PART 1 (Preliminary) This Part deals with preliminary provisions. It provides that the Act binds the Crown but does not make the Crown liable to a penalty or prosecution. It provides for the commencement dates for the Bill. It sets out a number of definitions and other interpretation provisions that are required for the proper operation of the Bill. 2.2 PART 2 (The Register of Business Names) This Part create the office of Registrar of Business Names, and establishes the Register of Business Names. The Registrar will be the Registrar of Companies. The Register must include, for each business name registered, the name and address of each entity to which the business name is registered and the address and contact phone number of the business. It must also include any address, and internet address, used by the business in connection with carrying on the business. The Register may be kept electronically. It must be searchable (as the Companies Register is searchable). It is intended that the Register will have similar administrative arrangements as those used for the Companies Register. This Part provides that a certificate from the Registrar as to the contents of the Register is prima facie evidence of the contents of the Register.

32 PART 3 (Requirement to register business names) This Part creates the basic obligation for entities carrying on business under a business name to register the name. It requires communications (such as letters and invoices) made by an entity carrying on business under a business name to include the relevant business name (whether or not the name is registered). The Part also sets out the exceptions to these obligations, chiefly: registration is not required where the entity uses its actual name; and registration is not required if the business is "passive" simply maintaining a bank account, or being a party to legal proceedings 2.4 PART 4 (Registration of business names) This Part describes the process for registering business names, changing the information on the Register and removing business names form the Register. It also sets out rules that restrict the registration of certain names as business names. Division 1 (Registration of business names) sets out the procedure for applying for registration, and registration (clauses 12 and 13). It provides for the issue of certificates of registration (clause 14) and requires changes in the business information registered for a business name to be notified to the Registrars so that the Register can be updated (clauses 15 and 16). Clause 17 prohibits the registration of certain names names that suggest an association with the Crown or governments (unless the Minister has approved) and other names, to ensure that confusion will not arise; relevant intellectual property rights can be protected; misleading, deceptive and offensive names are bot registered. The regulations may prohibit registration of further names. The Part also ensures that registration does not have any legal effect other than to satisfy the requirements of the Bill (for example, it does not incorporate an entity that is not otherwise incorporated).

33 33 Division 1 (Regular and other returns) requires entities with registered business names to give the Registrar a return confirming or updating the registration each 2 years. The Registrar may also require this to be done at any time. Division 3 (Removing business names from the Register) sets out the process by which names can be removed from the Register, either because they were inappropriately registered or the registered business information inaccurate or incomplete. There is a show cause procedure before registration of a business name is cancelled. This Division also provides for cases where a business name that has been removed from the Register can be restored to the Register. In particular, there is a 6 month grace period for entities whose business names have been removed to apply for them to be restored. 2.5 PART 5 (Enforcement) This Part creates a range of offences for several of the obligations under the Bill the obligation to register a business name; the obligation to include the business name in business communications) but there is an defence that compliance would be contrary to another written law (for example, stating the name may breach a prohibition on tobacco advertising); the obligation to display registration certificates; the obligation to make regular returns and comply with the Registrar's requests for updated business information; It also creates offences for providing documents in connection with registration of a business name. This Part provides that the defendant in a prosecution bears the onus of establishing that it is not required to register the relevant business name under the Bill and sets a 3 year limitation period for offences against the Bill. Because an entity required to comply with the Bill includes unincorporated bodies, that have no legal personality (partnerships and unincorporated associations) and therefore cannot commit an

34 34 offence, this Part provides that it is the managers of the body that commit the offence. 2.6 PART 6 (Miscellaneous) This Part makes a range of miscellaneous provisions, including providing that service on documents on an entity at its registered principal business address, or fax number is good service; permitting the Registrar to extend times for compliance with the Bill's requirements; allowing the registration system to make use of automated systems in certain cases; and authorising the Minister to make any necessary regulations. It also repeals the current Act (Registration of Business Names Act (Cap. 178).

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