Business Names (Commonwealth Powers) Bill

29 Feb 2012 archivespeech

This speech is in relation to the Business Names (Commonwealth Powers) Bill.

Adjourned debate on second reading.

(Continued from 15 February 2012.)

The Hon. J.M.A. LENSINK (21:29): This is in relation to the Business Names (Commonwealth Powers) Bill. For anybody who may be an avid follower of Hansard, please apply my previous remarks to this piece of legislation. This is a bill of some nine clauses. The relevant section of the Constitution is section 51(xxxvii). There are references to continuing business names matters. The commonwealth legislation, as I understand it, has already been passed and I am advised that the relevant and appropriate consultation has taken place with all stakeholders and that the business community is looking forward to the passage of this legislation with great enthusiasm.

The Hon. G.E. Gago interjecting:

The Hon. J.M.A. LENSINK: The minister is interested in specific clauses, perhaps I could refer her to clause 4—Continuing business names matters.

There are several subclauses in this which are particularly interesting. One of them provides:

(e) the prohibition or restriction of the use of business names by an entity because—

(i) the entity has engaged in unlawful conduct, or

(ii) a person involved in the management of the entity has engaged in unlawful conduct.

I think it would be beneficial for the council if the government could advise what sort of circumstances that may arise from, and furthermore, if these provisions are identical to those which already exist within our own state legislation. I think that particular subclause was of very specific interest to the council. I might leave it at that. If there is anything else I will raise it during the committee stage of the debate.