Business Names Registration (Fees) Act 2011

2 Commencement

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Definitions

In this Act:

chargeable matter means any of the following under the Business Names Registration Act 2011 or the Business Names Registration (Transitional and Consequential Provisions) Act 2011: a registration of a business name to an entity; a renewal of the registration of a business name to an entity; (c) an application by an entity for information held in the record maintained under Business Names Registration Act 2011.section 34A of the

a registration of a business name to an entity;

a renewal of the registration of a business name to an entity;

(c) an application by an entity for information held in the record maintained under Business Names Registration Act 2011.section 34A of the

(2) Other expressions used in this Act that are defined in the Business Names Registration Act 2011 have the same meanings as they have in that Act.

4 Imposition of fees for chargeable matters

Subject to section 5, the regulations may prescribe fees for chargeable matters.

The fees prescribed by the regulations for chargeable matters are imposed, and are so imposed as taxes.

Two or more fees may be prescribed for the same chargeable matter.

5 Matters relating to amount of fees

The regulations may prescribe a fee for a chargeable matter:

by specifying an amount (not exceeding $10,000) as the fee; or

by specifying a method for calculating the amount of the fee.

Note: The limitation in paragraph (a) applies separately to each fee imposed if more than one fee is prescribed for the same chargeable matter (see subsection 4(3)).

The fee for a chargeable matter need not bear any relationship to the cost of providing any service that forms part of, or is related to, that matter.

The fee, or the sum of the fees, for a chargeable matter must not exceed $50,000.

6 Different fees for electronic compliance in relation to a chargeable matter

Without limiting sections 4 and 5, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to whether the matter is complied with by electronic means.

7 Regulations

The Governor-General may make regulations for the purposes of sections 4, 5 and 6.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history