Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may, before the change-over day, cancel the registration of a business
name —
(a) if
there is lodged with the Commissioner a statement under section 12 notifying
him that the person or all the persons in relation to whom the business name
is registered has or have ceased to carry on business in the State under that
name and it does not appear from that statement, or another statement
accompanying that statement, that another person has or other persons have
commenced to carry on business in the State under that name; or
(b) if
the Commissioner has sent a notice to any person or persons in respect of the
business name under section 18(1) and that person does not, or those
persons do not, satisfy the Commissioner within one month from the date of the
notice that business is being carried on in the State by that person or those
persons under that name; or
(c) if
the Commissioner has sent a notice to any person or persons under
section 18(2) and, within one month after the date of the notice, the
provision of section 12 to which the notice relates has not been complied
with, or the person does not or those persons do not satisfy the Commissioner
that there was no failure to comply with the provision; or
(d) if
the business name is registered in relation to a corporation only and the
corporation has been deregistered under the Corporations Act 2001 of the
Commonwealth.
(2A)
Subsection (2B) applies if, before the change-over day, the Commissioner
sends a notice referred to in subsection (1)(b) or (c) in respect of
which the one month period referred to in that provision expires on or after
the change-over day.
(2B) Upon the
expiration of the one month period, the Commissioner may decide whether, had
the one month period expired before the change-over day, the Commissioner
would have cancelled the registration of the business name under
subsection (1).
(2) The Commissioner
may on any grounds that he thinks sufficient revoke any cancellation by him
under subsection (1) of the registration of a business name and in that
event the business name shall be deemed to have continued to be registered as
if the registration had not been cancelled.
(3) Where the
registration of a business name has been cancelled under subsection (1)
or the Commissioner decides under subsection (2B) that the Commissioner
would have cancelled the registration of a business name, a person in relation
to whom the business name was registered immediately before the cancellation
or, in the case of a decision of the Commissioner under subsection (2B),
a person in relation to whom the business name was registered immediately
before the change-over day, may apply to the State Administrative Tribunal for
a review of the Commissioner’s decision to cancel the registration of
the business name or for a review of the Commissioner’s decision under
subsection (2B) (as the case requires).
(4) An application to
the State Administrative Tribunal under subsection (3) cannot be
made —
(a) in
the case of a decision of the Commissioner under subsection (1) made
before the change-over day — after the end of 2 months after
the change-over day; or
(b) in
the case of a decision of the Commissioner under subsection (2B) made on
or after the change-over day — more than 28 days after the
Commissioner’s decision.
(5) If, before the
change-over day, the State Administrative Tribunal sets aside the
Commissioner’s decision to cancel the registration of the business name
under subsection (1), the business name shall be deemed to have continued
to be registered as if the registration has not been cancelled and the
Commissioner, upon the lodging with him, before the change-over day, of an
office copy of the order shall, before the change-over day, make such entries
and alterations in the register as he considers necessary for the purposes of
the order.
[Section 19 amended by No. 40 of 1976
s. 12; No. 10 of 1982 s. 28; No. 20 of 2003 s. 9; No.
55 of 2004 s. 91; No. 6 of 2012 s. 29.]