Page 4153 - Week 13 - Thursday, 10 November 1994

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PRESENTATION SPEECH

BUSINESS NAMES (AMENDMENT) BILL 1994

THE BUSINESS NAMES ACT 1963 SETS OUT REQUIREMENTS RELATING TO THE REGISTRATION OF BUSINESS NAMES IN THE TERRITORY. IT IS AN OFFENCE UNDER THE ACT IF A PERSON CARRIES ON BUSINESS UNDER A BUSINESS NAME WITHOUT THAT NAME FIRST BEING REGISTERED. REGISTRATION IS UNDERTAKEN BY THE REGISTRAR-GENERAL WHO IS APPOINTED UNDER THE REGISTRAR-GENERAL ACT 1993.

THE BUSINESS NAMES ACT ENABLES THE MINISTER TO DETERMINE FEES FOR THE PURPOSES OF THE ACT. DURING THE COURSE OF PREPARING DETERMINATIONS OF FEES FOR THE 1994/95 FINANCIAL YEAR DOUBT AROSE AS TO THE ADEQUACY OF THE FEE-DETERMINING POWER.

THE BUSINESS NAMES (AMENDMENT) BILL 1994 IS INTENDED TO REMOVE ANY DOUBT AS TO THIS POWER. IT ALSO REMOVES ANY DOUBT AS TO THE VALIDITY OF PRIOR DETERMINATIONS BY THE INCLUSION OF A SUITABLE SAVING PROVISION. TO DO OTHERWISE WOULD BE TO THREATEN THE GOVERNMENTS POLICY OF COST RECOVERY IN THE SERVICES PROVIDED BY THE REGISTRAR-GENERAL.

THE OPPORTUNITY HAS BEEN TAKEN AT THIS TIME TO REMOVE GENDER-SPECIFIC LANGUAGE FROM THE ACT AND TO MAKE CERTAIN OTHER TECHNICAL CHANGES TO REFLECT CURRENT DRAFTING PRACTICE.

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