Business Names Registration (Fees) Regulations 20111

Select Legislative Instrument 2011 No. 213

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Business Names Registration (Fees) Act 2011.

Dated 23 November 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICK SHERRY

Minister for Small Business

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Definitions 

 4 Prescribed fees 

Schedule 1 Fees 

1 Name of Regulations

  These Regulations are the Business Names Registration (Fees) Regulations 2011.

2 Commencement

  These Regulations commence on the commencement of sections 3 to 7 of the Business Names Registration (Fees) Act 2011.

3 Definitions

  In these Regulations:

Act means the Business Names Registration (Fees) Act 2011.

evidence of registration means the notice in writing given by ASIC to an entity under subsection 33 (8) of the Business Names Registration Act 2011.

Register means the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011.

Note   Expressions that are defined in the Business Names Registration Act 2011 have the same meanings in these Regulations (see subsection 3 (2) of the Act). For example:

 business name

 entity

 government body.

4 Prescribed fees

 (1) For section 4 of the Act, a fee is prescribed for a chargeable matter mentioned in an item in Schedule 1.

 (2) For paragraph 5 (1) (a) of the Act, the fee for a chargeable matter mentioned in an item in Schedule 1 is the amount mentioned in the item until 1 July 2013.

 (3) For paragraph 5 (1) (b) of the Act, in a financial year starting on 1 July 2013 or on a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the fee for a chargeable matter is the amount worked out using the formula:

where:

previous indexable amount is the amount of the fee for the chargeable matter that was applicable immediately before that 1 July.

 (4) In a financial year starting on 1 July 2013 or on a subsequent 1 July, if the latest CPI number is not greater than the earlier CPI number, the fee for a chargeable matter is the amount of the fee for the chargeable matter that was applicable immediately before that 1 July.

 (5) If, apart from this subregulation, the amount worked out under subregulation (3) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

 (6) For this regulation:

 (a) if the Australian Statistician publishes a CPI number for a March quarter in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number must be disregarded; and

 (b) if the Australian Statistician changes the reference base for the Consumer Price Index, then, after the change is made, regard must be had only to the CPI numbers published using the new reference base.

 (7) In this regulation:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

earlier CPI number is the CPI number for the March quarter 2 financial years before the relevant financial year begins.

latest CPI number is the CPI number for the last March quarter before the relevant financial year begins.

Schedule 1 Fees

(regulation 4)

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.