Page:Business Names Registration Act 2014.pdf/31

32 Rectification by High Court

25.—(1) Where it appears to the High Court, as a result of evidence adduced before it by an applicant, that any particular recorded in the register is erroneous or defective, the High Court may, by order, direct the Registrar to rectify the register on such terms and conditions as seem to the High Court just and expedient.

(2) The Registrar must upon receipt of the High Court’s order under subsection (1) rectify the register accordingly.

(3) An order of the High Court made under subsection (1) may require that a fresh document, showing the rectification, is to be filed by the applicant with the Registrar together with a copy of the order of the High Court, and a copy of the application for that order.

Rectification by Registrar on application

26.—(1) Despite section 25, a registered person or the registered person’s authorised representative may lodge a notice with the Registrar of—
 * (a) any error contained in any document relating to the person’s particulars filed or lodged with the Registrar; or
 * (b) any error in the filing or lodgment of any document relating to the person with the Registrar.

(2) The Registrar may, upon receipt of any notification referred to in subsection (1) and if satisfied that—
 * (a) the error referred to in subsection (1)(a) is typographical or clerical in nature; or
 * (b) the error referred to in subsection (1)(b) is, in the Registrar’s opinion, unintended and does not prejudice any person,

rectify the register accordingly.

(3) In rectifying the register under subsection (2), the Registrar must not expunge any document from the register.

(4) The decision made by the Registrar on whether to rectify the register under subsection (2) is final.