Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
156 Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
A person must not carry on business in this jurisdiction under a name or title that:
has the words “Limited” or “No Liability” (or an abbreviation of those words) at the end; or
includes the word “Proprietary” (or an abbreviation of it).
An offence based on subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subsection (1) does not apply to the extent that the person is allowed or required to carry on business in this jurisdiction under the name or title under a law of the Commonwealth or a law of a State or Territory in this jurisdiction.
A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.
This Act’s bill:Explanatory memorandumSecond reading speech
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