Business Names Registration Act 2011
An entity commits an offence if it carries on a business under a business name while disqualified.
Penalty: 30 penalty units.
21(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 .
21(3)
Subsection (1) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
