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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-11-23 Daily Xml
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BUSINESS NAMES REGISTRATION (TRANSITIONAL ARRANGEMENTS) BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (15:53): Obtained leave and introduced 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. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (15:54): I move:

That this bill be now read a second time.

I indicate that it is a COAG measure. I seek leave to have the explanation of the clauses inserted in Hansard without my reading it.

Leave granted.

This Bill supports the Business Names (Commonwealth Powers) Bill 2011, which adopts the Commonwealth legislation and provides the Commonwealth with the necessary constitutional power it requires for the implementation and operation of the national business names registration regime.

This Bill seeks to address the transitional and consequential issues arising from the change to the new national regime.

The Bill makes a number of consequential amendments to other South Australian legislation including amendments to ensure they will, where necessary, refer to the Commonwealth legislation rather than the repealed South Australian law.

There are also transitional provisions set out in the Bill, including a provision dealing with the resolution of outstanding matters under the Business Names Act 1996.

As a precautionary measure to enable the ability to deal with unforeseen issues that may arise, there is a provision in the Bill to allow the making of regulations of a saving and transitional nature.

The existing Business Names Act 1996, which establishes the current system for registering business names in South Australia, is repealed by the Bill.

In repealing the Business Names Act 1996, we are contributing towards efficiencies for Australian businesses by creating a national regime for the registration of business names and ensuring a smooth transition for South Australian businesses into the new national regime.

I commend the Bill to Members.

Explanation of Clauses

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines key terms used in the measure.

4—Commission may provide information and assistance to ASIC

This clause enables the Commission to provide information and documents in the Commission's possession to ASIC in respect of ASIC's functions and powers under the Business Names Registration Act 2011 and the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth.

5—Limitation of operation of Business Names Act during transitional period

This clause allows the Registrar to refuse to exercise a power or function under Part 2 of that Act (the Part dealing with new registrations of business names and renewals of registrations) if the Commission thinks the matter would be better dealt with under the new Commonwealth scheme.

6—Continuation of registration of certain business names

This clause will allow the Commission to continue the registration of a small number of business names (being registrations expiring during the transitional phase in relation to which the Commission decides not to take action to renew) to the change-over day so that those registrations can be considered under the Commonwealth scheme.

7—Resolution of outstanding matters

This clause sets out how matters under the Business Names Act 1996 that are outstanding at the time the Commonwealth scheme commences are to be dealt with. In particular, the Commission may continue to determine specified kinds of applications under that Act and then notify ASIC of the determination. The Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth sets out further provisions in respect of such notifications. The Commission may also continue to reinstate a registration that has been cancelled by mistake.

8—Immunity from liability

This clause provides no civil liability attaches to the Crown, the Commission or a person engaged in the administration of this Act in respect of the exercise or purported exercise of official powers or functions under this measure.

9—References

This clause clarifies references to the current Business Names Act 1996 in instruments and documents etc 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.

The clause makes similar provision in respect of references to registered business names.

10—Evidentiary provision

This clause sets out evidentiary matters in relation to whether or not a particular business name was registered, and proving certain documents in the possession of ASIC or the Commission.

11—Regulations

This clause confers a power on the Governor to make regulations of a savings or transitional nature in respect of the referral of business names matters to the Commonwealth Parliament.

Schedule 1—Related amendments and repeal

This Schedule makes a series of related amendments to other Acts to change references to the Business Names Act 1996 to the Business Names Registration Act 2011 of the Commonwealth.

The Schedule also repeals the Business Names Act 1996.

Debate adjourned on motion of Mr Williams.

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