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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 (COMMONWEALTH POWERS) BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (15:51): Obtained leave and introduced a bill for an act to adopt the Business Names Registration Act 2011 of the Commonwealth and the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth, and to refer certain matters relating to the registration and use of business names, to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, and to provide for related matters. 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) (15:52): I move:

That this bill be now read a second time.

In so doing, I would say this is a COAG measure. I think that is enough. I seek leave to have the explanation of the clauses inserted in Hansard without my reading it.

Leave granted.

The Business Names Act 1996 establishes a system for registering business names in South Australia. The Corporate Affairs Commission is responsible for the administration of the Act.

On 3 July 2008, the Council of Australian Governments (COAG) agreed to the development of a single national system for business names registration. It was agreed to transfer responsibility for the registration of business names from the States and Territories to the Commonwealth. This is one of the priority areas agreed to by COAG as part of the National Partnership Agreement to Deliver a Seamless National Economy.

An intergovernmental agreement supporting the implementation of the new national business names registration regime was signed at the COAG meeting on 2 July 2009.

The new national business names registration regime is expected to commence operation on 28 May 2012, and will be administered by the Australian Securities and Investments Commission. The new national business names registration regime has been the subject of extensive consultation with representatives from the Commonwealth, States and Territories, including South Australia. The new national regime will replace the current State and Territory systems and has been designed to be simpler, save time and reduce costs for Australian business.

Registration under the new national regime will provide a single national business name. For businesses operating nationally it removes the need for multiple business name registrations under State and Territory laws.

The new national regime will enable businesses to register online at any time. The process has been developed to be simpler and to reduce costs for businesses, in particular those businesses operating nationally.

Businesses that are currently registered under State and Territory business names systems will be automatically transferred into the new national business name register.

I now turn to the specific purpose of the Business Names (Commonwealth Powers) Bill 2011.

The object of this Bill is to adopt the Commonwealth legislation establishing the national business names registration regime and refer power enabling the Commonwealth Parliament to make amendments to the Commonwealth legislation. The adopted laws are the Business Names Registration Act 2011 of the Commonwealth and the Business Names Registration (Transitional and Consequential Provisions) Act 2011 of the Commonwealth.

The Bill is to be enacted for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, which enables State Parliaments to refer matters to the Commonwealth Parliament, or to adopt Commonwealth laws that have been enacted pursuant to such referrals.

The Bill provides the Commonwealth with the necessary constitutional power to implement and operate the national business names registration regime.

The reference to support the enactment of the Commonwealth legislation was provided by New South Wales by the enactment of the Business Names (Commonwealth Powers) Act 2011 of that State.

The Bill also incorporates a reference of power enabling the Commonwealth Parliament to make amendments to the Commonwealth legislation (referred to as the amendment reference). The amendment reference is subject to limitations specified in the Bill, and the procedure to amend the Commonwealth legislation set out in the Intergovernmental Agreement for Business Names 2009.

The content of this Bill has been developed in consultation with all jurisdictions. There are certain provisions included to protect the interests of States and Territories including provisions that restrict the amendment reference. To further protect States and Territories, the Bill also includes a provision which allows termination of the adoption and amendment reference.

The significance of this Bill is that it delivers on the COAG agreement and the priority to develop a seamless national economy.

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—Continuing business names matters

This clause sets out what a continuing business names matter is. Those matters are referred to the Commonwealth Parliament under proposed section 6, and allow the Commonwealth to legislate in future about continuing business names matters by way of amendment of the national business names legislation.

5—Adoption of national business names legislation

This clause provides that the relevant version of the national business names legislation is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.

6—References of continuing business names matters

This clause sets out what is being referred to the Commonwealth Parliament under the amendment reference.

7—Amendment of Commonwealth law

This clause sets out how the national business names legislation can be amended, making it clear that the national legislation may be amended by provisions of national business names instruments, or by Commonwealth laws or instruments enacted or made on the basis of powers vested in the Commonwealth apart from any reference or adoption.

8—Termination of adoption and amendment reference

This clause will allow the Governor, by proclamation, to fix a day on which the adoption or the amendment reference, or both, will terminate. A day fixed for a termination must be not earlier than 6 months after the day on which the proclamation is published. Such a proclamation may be revoked by further proclamation (provided that the revocation proclamation is published before the day fixed in the earlier proclamation for termination of the adoption or reference, as the case may be).

9—Effect of termination of amendment reference before termination of adoption

This clause makes it clear that the separate termination of the amendment reference does not affect laws already in place. Accordingly, the amendment reference continues to have effect to support those laws unless the adoption is also terminated.

Debate adjourned on motion of Mr Williams.

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