Page:Business Names Registration Act 2014.pdf/30

Rh (2) If the Registrar—
 * (a) receives an answer from the person referred to in subsection (1) to the effect that the person is not carrying on business under the registered business name; or
 * (b) does not, within 30 days after sending the notice referred to in subsection (1), receive a written objection to the proposed cancellation from the person referred to in that subsection,

the Registrar may cancel the registration of the person and the business name in question.

(3) Where the registration of a person and the business name in question is cancelled under this section, any certificate or notice pertaining to that registration is also to be taken to be cancelled.

Restoration of registration

24.—(1) A person whose registration and registered business name has been cancelled under section 14 or 23, or whose registration and registered business name has ceased under section 22, may lodge an application with the Registrar to restore the registration.

(2) An application to restore a registration under subsection (1) must be made—
 * (a) within 12 months after the date on which the registration was cancelled or had ceased; or
 * (b) within such longer time as the Registrar may in special circumstances allow.

(3) Subject to any restriction against registration under section 9, upon payment of the outstanding renewal fees and any prescribed late renewal penalty, the Registrar may grant the application for restoration subject to such conditions as the Registrar may impose.

(4) If the Registrar grants the application under subsection (3), the registration of the person and the person’s business name is to be treated as if it had not been cancelled or had not ceased, as the case may be.

(5) Subsection (4) does not prevent the person from being prosecuted and punished for an offence under section 35(1)(a).