Business Names Registration Act 2011

PART 2 - OFFENCES RELATING TO BUSINESS NAMES  

SECTION 18   OFFENCE - CARRYING ON A BUSINESS UNDER AN UNREGISTERED BUSINESS NAME  

18(1)    
An entity commits an offence if:

(a)    the entity carries on a business under a name; and

(b)    

the name is not registered to the entity as a business name on the Business Names Register.

Penalty: 30 penalty units.

18(2)    
Subsection (1) does not apply if:

(a)    the entity is an individual and the name is the individual ' s name; or

(b)    the entity is a corporation and the name is the corporation ' s name; or

(c)    the entity is a partnership and the name consists of all of the partners ' names; or

(d)    the name is registered to the entity on a notified State/Territory register; or

(e)    an Act of the Commonwealth, a referring/adopting State or an affected Territory, or an instrument made under such an Act, specifies the name as the name of the entity; or

(f)    the entity is a government body; or

(g)    the entity is a notified successor in relation to the name; or

(h)    other circumstances prescribed by the regulations for the purposes of this paragraph apply.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2) : see subsection 13.3(3) of the Criminal Code .

18(3)    
Subsection (1) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .