Business Names Registration Regulations 2011

law://au/li/2011/f2011l02406@2026-11-13

Business Names Registration Regulations 2011

In force

This text since 11 Jul 2026law://au/li/2011/f2011l02406@2026-11-13

Contents

1Name of Regulations#

These Regulations are the Business Names Registration Regulations 2011.

3Definitions#

In these Regulations:

Act means the Business Names Registration Act 2011.

alternative contact details means contact details that:

(a)are provided by an entity to which a business name is, or is to be, registered; and

(b)are not required by the Act or these Regulations; and

(c)are provided for use by ASIC or a body mentioned in section 62 of the Act.

Register means the Business Names Register established and maintained under subsection 22(1) of the Act.

Note: Other words used in these Regulations have the meaning given by section 3 of the Act, for example:

• ABN

• ASIC

• business name

• entity

• notified successor.

4Carrying on a business under unregistered business name—offence does not apply#

(1)For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under the domain name form of a business name that:

(a)is registered to the entity; and

(b)the entity is not prevented from using as a domain name.

Example for paragraph (a)

Carrying on a business under ‘fredsfish.com.au’ if the business name registered to an entity is ‘Fred’s Fish’.

Example for paragraph (b)

If the business name registered to an entity is ‘Fred’s Fish’, it does not automatically follow that the entity has access to all forms of ‘Fred’s Fish’ as domain names. The entity may have the domain name ‘fredsfish.com.au’ while a different entity may have the domain name ‘fredsfish.org’, which is a domain name that the first entity would be prevented from using.

(2)For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under a business name resulting from excluding one or more host names or domain extensions of a business name that is:

(a)a domain name; and

(b)registered to the entity.

Examples

1 Carrying on a business under the name ‘Freds Fish’ or ‘fredsfish.com’ if the business name registered to the entity is ‘fredsfish.com.au’.

2 ‘www’ is a host name.

3 ‘net’, ‘org’ and ‘com’ are domain extensions.

5Not including business name in written communications—offence does not apply#

(1)For paragraph 19(4)(i) of the Act, a circumstance in which the offence in subsection 19(1) of the Act does not apply is the inclusion by an entity of a domain name form of a business name registered to the entity, in a business document connected with carrying on the business under the name.

(2)For paragraph 19(4)(i) of the Act, a circumstance in which the offence in subsection 19(1) of the Act does not apply is the inclusion by an entity of a business name resulting from excluding one or more host names or domain extensions of a business name that is:

(a)a domain name; and

(b)registered to the entity;

in a business document connected with carrying on the business under the name.

Examples

1 ‘www’ is a host name.

2 ‘net’, ‘org’ and ‘com’ are domain extensions.

6Not displaying business name at places open to the public—offence does not apply#

For paragraph 20(2)(i) of the Act, a circumstance in which the offence in subsection 20(1) of the Act does not apply is the prominent display by an entity, at every place open to the public at which the entity carries on the business, of either of the following:

(a)a domain name form of a business name registered to the entity;

(b)a business name resulting from excluding one or more host names or domain extensions of a business name that is:

(i)a domain name; and

(ii)registered to the entity.

Examples

1 ‘www’ is a host name.

2 ‘net’, ‘org’ and ‘com’ are domain extensions.

7Details that may be included in Register#

(1)For subsection 33(7) of the Act, the following details are prescribed:

(a)contact details of an entity;

(b)any alternative contact details provided by an entity;

(c)the home address of an entity that is an individual;

(d)if a home address is provided as the principal place of business in Australia of an entity that is an individual—that the address is a home address;

(e)the date and place of birth of an entity that is an individual;

(f)whether a business name is currently registered to an entity;

(g)whether the registration of a business name to an entity has been cancelled;

(h)whether an application has been lodged for review of a decision to cancel the registration of a business name to an entity;

(i)a record of the day when a detail mentioned in subsection 33(1) of the Act or in this subregulation was included in the Register.

(2)A reference in subregulation (1) to an entity is a reference to an entity that has or has had a business name registered to the entity.

Note: Subsection 33(7) of the Act provides that the Register may include prescribed details. Other details to be included in the Register are set out in subsection 33(1) of the Act and in regulations 4 and 5 of the Business Names Registration (Transitional and Consequential Provisions) Regulations 2011.

8Details of notified successor that may be included in Register#

For subsection 40(4) of the Act, the following details are prescribed:

(a)the contact details of the notified successor;

(b)any alternative contact details provided by the notified successor;

(c)the way in which the notified successor is expected to inherit assets used by a deceased person in carrying on a business under the business name;

(d)the relationship of the notified successor to the deceased person;

(e)the date and place of birth of the notified successor if the notified successor is an entity that is an individual;

(f)the notified successor’s ABN, if any.

Note: Subsection 40(4) of the Act provides that ASIC may enter the name of an entity as a notified successor in relation to a business name, and other prescribed details, if the entity lodges a notice with ASIC in accordance with subsections 40(1) and (2) of the Act.

9Accessing Register by request#

For subsection 60(5) of the Act, the following details are to be excised from a copy of an entry in the Register before it is given to any person:

(a)the date and place of birth of:

(i)an entity that is an individual; or

(ii)any other person, if those details were provided in accordance with subsection 23(6) of the Act;

(b)any alternative contact details provided by an entity;

(c)the home address of an entity that is an individual;

(d)if a home address is provided as the principal place of business in Australia of an entity that is an individual—all of the address other than the suburb and the State or Territory in which the entity lives;

(e)the details for the notified successor mentioned in paragraphs 8(c), (d) and (e).

Note: Details that ASIC must not disclose under subsection 60(6) of the Act must also be excised from the copy of the entry—see paragraph 60(4)(b) of the Act. Also, personal information on the Register that was previously suppressed under State or Territory registration laws cannot be disclosed in a copy of an entry—see item 26 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

10Publicly available information#

(1)For section 61 of the Act, the following details about a particular business name or entity are prescribed as details that ASIC must make publicly available on the internet or otherwise free of charge:

(a)the business name;

(b)the entity’s name or, if more than one entity jointly registers a name, the entities to which a business name is registered;

(c)the entity’s ABN, if any;

(d)the address of the entity’s principal place of business in Australia;

(e)an address in Australia for service of documents;

(f)whether the business name is currently registered and the date its registration is due for renewal;

(g)whether the business name is currently registered or has been cancelled;

(h)whether an application has been lodged for review of a decision to cancel the registration of the business name to the entity;

(i)State or Territory of registration, and State or Territory registration number;

(j)date of registration;

(k)names of debtor representative and notified successor;

(l)any word or expression nominated by ASIC in accordance with item 18 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

(2)If:

(a)the entity is an individual; and

(b)the address mentioned in paragraph (1)(d) is the entity’s home address;

ASIC must only make publicly available the suburb and the State or Territory in which the entity lives.

(3)ASIC must not make information publicly available if it is prevented from disclosing the information under subsection 60(6) of the Act.

11Certain information to be made available to government bodies#

For section 62 of the Act, the details recorded in the Register which ASIC must make available to:

(a)a government body; or

(b)an intelligence or security agency;

in accordance with that section are all details recorded in the Register.

Examples

1 An entity’s alternative contact details.

2 An individual’s date of birth.

3 An individual’s place of birth.

4 The home address of an entity that is an individual.

12Destruction or disposal of documents#

For subparagraph 74(b)(i) of the Act, the period during which a document must be in ASIC’s possession is 7 years.

13Delegation of functions and powers#

For the purposes of subsection 80(1) of the Act, the Minister’s functions and powers under the following provisions are prescribed:

(a)subsections 27(2), 28(2) and (2A) and 32(3) of the Act;

(b)subsections 9(1) and (2) of the Business Names Registration (Availability of Names) Determination 2015 to the extent that each exercise of power under either of those subsections is in relation to a particular entity or business.

14Persons who may receive notice for entities that have ceased to exist#

(1)For section 89 of the Act, a person or class of persons mentioned in column 3 of an item in the table is prescribed in relation to the matter mentioned in column 2 of the item.

Item	Matter	Class of persons
1	For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was being wound up immediately before its deregistration	Liquidators appointed to wind up the body corporate
2	For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was not being wound up immediately before deregistration	Persons who were directors of the body corporate immediately before its deregistration
3	For notices to be taken to have been given to an entity that was a partnership	A person nominated in accordance with section 82 of the Act as the principal contact of the partnershipIf no person has been nominated in accordance with section 82 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act
4	For notices to be taken to have been given to an entity that was an unincorporated association or body	A person nominated in accordance with section 84 of the Act as the principal contact of the associationIf no person has been nominated in accordance with section 84 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act
5	For notices to be taken to have been given to an entity that was a trust	A person nominated in accordance with section 86 of the Act as the principal contact of the trustIf no person has been nominated in accordance with section 86 of the Act, a person with the address in Australia for service of documents, to the entity, that was entered on the Register as required by paragraph 33(1)(d) of the Act

(2)In this regulation:

deregistered has the meaning given by section 9 of the Corporations Act 2001.

15Modifications of the Act#

For subsection 6(2) of the Act, Schedule 1 to the Act applies as if it were modified by Schedule 1.

16Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations2018#

(1)The amendment made by item 1 of Schedule 1 to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018 applies in relation to applications made under subsection 32(3) of the Business Names Registration Act 2011 on or after the commencement of that item.

(2)The amendment made by item 1 of Schedule 1 to the Business Names Registration Amendment (Delegation and Notified Register) Regulations 2018 does not affect the continuity of any instrument of delegation in force under subsection 80(1) of the Business Names Registration Act 2011 immediately before the commencement of that item.

Schedule 1 · Modifications of the Act

(regulation 15)

1 Schedule 1, after paragraph 3(c)

insert

(ca) the register of limited partnerships established under the Partnership Act 1891 of Queensland;

2 After paragraph 4(b) of Schedule 1

Insert:

(ba) the register of limited partnerships and incorporated limited partnerships established under the Limited Partnerships Act 2016 of Western Australia;

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

1Name of Regulations#

These Regulations are the Business Names Registration Regulations 2011.

3Definitions#

In these Regulations:

Act means the Business Names Registration Act 2011.

alternative contact details means contact details that:

(a)are provided by an entity to which a business name is, or is to be, registered; and

(b)are not required by the Act or these Regulations; and

(c)are provided for use by ASIC or a body mentioned in section 62 of the Act.

Register means the Business Names Register established and maintained under subsection 22(1) of the Act.

Note: Other words used in these Regulations have the meaning given by section 3 of the Act, for example:

• ABN

• ASIC

• business name

• entity

• notified successor.

4Carrying on a business under unregistered business name—offence does not apply#

(a)is registered to the entity; and

(b)the entity is not prevented from using as a domain name.

Example for paragraph (a)

Carrying on a business under ‘fredsfish.com.au’ if the business name registered to an entity is ‘Fred’s Fish’.

Example for paragraph (b)

(a)a domain name; and

(b)registered to the entity.

Examples

1 Carrying on a business under the name ‘Freds Fish’ or ‘fredsfish.com’ if the business name registered to the entity is ‘fredsfish.com.au’.

2 ‘www’ is a host name.

3 ‘net’, ‘org’ and ‘com’ are domain extensions.

5Not including business name in written communications—offence does not apply#

(a)a domain name; and

(b)registered to the entity;

in a business document connected with carrying on the business under the name.

Examples

1 ‘www’ is a host name.

2 ‘net’, ‘org’ and ‘com’ are domain extensions.

6Not displaying business name at places open to the public—offence does not apply#

(a)a domain name form of a business name registered to the entity;

(b)a business name resulting from excluding one or more host names or domain extensions of a business name that is:

(i)a domain name; and

(ii)registered to the entity.

Examples

1 ‘www’ is a host name.

2 ‘net’, ‘org’ and ‘com’ are domain extensions.

7Details that may be included in Register#

(1)For subsection 33(7) of the Act, the following details are prescribed:

(a)contact details of an entity;

(b)any alternative contact details provided by an entity;

(c)the home address of an entity that is an individual;

(d)if a home address is provided as the principal place of business in Australia of an entity that is an individual—that the address is a home address;

(e)the date and place of birth of an entity that is an individual;

(f)whether a business name is currently registered to an entity;

(g)whether the registration of a business name to an entity has been cancelled;

(h)whether an application has been lodged for review of a decision to cancel the registration of a business name to an entity;

(i)a record of the day when a detail mentioned in subsection 33(1) of the Act or in this subregulation was included in the Register.

(2)A reference in subregulation (1) to an entity is a reference to an entity that has or has had a business name registered to the entity.

8Details of notified successor that may be included in Register#

For subsection 40(4) of the Act, the following details are prescribed:

(a)the contact details of the notified successor;

(b)any alternative contact details provided by the notified successor;

(c)the way in which the notified successor is expected to inherit assets used by a deceased person in carrying on a business under the business name;

(d)the relationship of the notified successor to the deceased person;

(e)the date and place of birth of the notified successor if the notified successor is an entity that is an individual;

(f)the notified successor’s ABN, if any.

9Accessing Register by request#

For subsection 60(5) of the Act, the following details are to be excised from a copy of an entry in the Register before it is given to any person:

(a)the date and place of birth of:

(i)an entity that is an individual; or

(ii)any other person, if those details were provided in accordance with subsection 23(6) of the Act;

(b)any alternative contact details provided by an entity;

(c)the home address of an entity that is an individual;

(e)the details for the notified successor mentioned in paragraphs 8(c), (d) and (e).

10Publicly available information#

(a)the business name;

(b)the entity’s name or, if more than one entity jointly registers a name, the entities to which a business name is registered;

(c)the entity’s ABN, if any;

(d)the address of the entity’s principal place of business in Australia;

(e)an address in Australia for service of documents;

(f)whether the business name is currently registered and the date its registration is due for renewal;

(g)whether the business name is currently registered or has been cancelled;

(h)whether an application has been lodged for review of a decision to cancel the registration of the business name to the entity;

(i)State or Territory of registration, and State or Territory registration number;

(j)date of registration;

(k)names of debtor representative and notified successor;

(l)any word or expression nominated by ASIC in accordance with item 18 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.

(2)If:

(a)the entity is an individual; and

(b)the address mentioned in paragraph (1)(d) is the entity’s home address;

ASIC must only make publicly available the suburb and the State or Territory in which the entity lives.

(3)ASIC must not make information publicly available if it is prevented from disclosing the information under subsection 60(6) of the Act.

11Certain information to be made available to government bodies#

For section 62 of the Act, the details recorded in the Register which ASIC must make available to:

(a)a government body; or

(b)an intelligence or security agency;

in accordance with that section are all details recorded in the Register.

Examples

1 An entity’s alternative contact details.

2 An individual’s date of birth.

3 An individual’s place of birth.

4 The home address of an entity that is an individual.

12Destruction or disposal of documents#

For subparagraph 74(b)(i) of the Act, the period during which a document must be in ASIC’s possession is 7 years.

13Delegation of functions and powers#

For the purposes of subsection 80(1) of the Act, the Minister’s functions and powers under the following provisions are prescribed:

(a)subsections 27(2), 28(2) and (2A) and 32(3) of the Act;

14Persons who may receive notice for entities that have ceased to exist#

(1)For section 89 of the Act, a person or class of persons mentioned in column 3 of an item in the table is prescribed in relation to the matter mentioned in column 2 of the item.

Item	Matter	Class of persons
1	For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was being wound up immediately before its deregistration	Liquidators appointed to wind up the body corporate
2	For notices to be taken to have been given to an entity that was a body corporate that has been deregistered and was not being wound up immediately before deregistration	Persons who were directors of the body corporate immediately before its deregistration
3	For notices to be taken to have been given to an entity that was a partnership	A person nominated in accordance with section 82 of the Act as the principal contact of the partnershipIf no person has been nominated in accordance with section 82 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act
4	For notices to be taken to have been given to an entity that was an unincorporated association or body	A person nominated in accordance with section 84 of the Act as the principal contact of the associationIf no person has been nominated in accordance with section 84 of the Act, a person with the address in Australia for service of documents to the entity that was entered on the Register as required by paragraph 33(1)(d) of the Act
5	For notices to be taken to have been given to an entity that was a trust	A person nominated in accordance with section 86 of the Act as the principal contact of the trustIf no person has been nominated in accordance with section 86 of the Act, a person with the address in Australia for service of documents, to the entity, that was entered on the Register as required by paragraph 33(1)(d) of the Act

(2)In this regulation:

deregistered has the meaning given by section 9 of the Corporations Act 2001.

15Modifications of the Act#

For subsection 6(2) of the Act, Schedule 1 to the Act applies as if it were modified by Schedule 1.

16Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations2018#

Schedule 1 · Modifications of the Act

(regulation 15)

1 Schedule 1, after paragraph 3(c)

insert

(ca) the register of limited partnerships established under the Partnership Act 1891 of Queensland;

2 After paragraph 4(b) of Schedule 1

Insert:

(ba) the register of limited partnerships and incorporated limited partnerships established under the Limited Partnerships Act 2016 of Western Australia;

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Business Names Registration Regulations 2011

Business Names Registration Regulations 2011

1Name of Regulations#

3Definitions#

4Carrying on a business under unregistered business name—offence does not apply#

5Not including business name in written communications—offence does not apply#

6Not displaying business name at places open to the public—offence does not apply#

7Details that may be included in Register#

8Details of notified successor that may be included in Register#

9Accessing Register by request#

10Publicly available information#

11Certain information to be made available to government bodies#

12Destruction or disposal of documents#

13Delegation of functions and powers#

14Persons who may receive notice for entities that have ceased to exist#

15Modifications of the Act#

16Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations2018#

Schedule 1 · Modifications of the Act

Connections

History · 1 version

1Name of Regulations#

3Definitions#

4Carrying on a business under unregistered business name—offence does not apply#

5Not including business name in written communications—offence does not apply#

6Not displaying business name at places open to the public—offence does not apply#

7Details that may be included in Register#

8Details of notified successor that may be included in Register#

9Accessing Register by request#

10Publicly available information#

11Certain information to be made available to government bodies#

12Destruction or disposal of documents#

13Delegation of functions and powers#

14Persons who may receive notice for entities that have ceased to exist#

15Modifications of the Act#

16Application and saving provision relating to the Business Names Registration Amendment (Delegation and Notified Register) Regulations2018#

Schedule 1 · Modifications of the Act

Key facts