Terms used

Current

(1)

In this Act unless the contrary intention appears —

ASIC means the Australian Securities and Investments Commission of the Commonwealth;

business includes trade and profession;

business name means a name, style, title or designation under which a business is carried on;

carrying on business includes establishing a place of business in the State, and soliciting or procuring any order from a person in the State and “to carry on business” has a corresponding meaning;

change‑over day has the meaning given in the Commonwealth Transitional Act section 4(1);

christian name includes any forename;

Commissioner means the person for the time being designated as the Commissioner under section 4AA;

Commonwealth Transitional Act means the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Commonwealth);

corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, other than an exempt body within the meaning of section 66A of that Act;

Department means the department of the Public Service principally assisting in the administration of this Act;

director in relation to a corporation, includes any person occupying the position of director of the corporation by whatever name called;

firm means an unincorporated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) associated together for the purpose of carrying on business;

individual means a natural person and does not include a corporation;

initial includes a recognised abbreviation of a christian name;

national business names legislation means —

(a)

the Business Names Registration Act 2011 (Commonwealth); and

(b)

the Commonwealth Transitional Act;

repealed Act means the Business Names Act 1942;

secretary, includes —

(a)

any person performing the duties of secretary of the corporation; and

(b)

the local agent of a foreign corporation within the meaning of the Corporations Act 2001 of the Commonwealth;

section means section of this Act.

(2)

For the purposes of this Act, a person shall not be regarded as carrying on business within the State for the reason only that within the State he —

(a)

is or becomes a party to any action or suit or any administrative or arbitration proceeding, or effects settlement of an action, suit or proceeding or of any claim or dispute; or

(b)

maintains any bank account; or

(c)

effects any sale through an independent contractor; or

(d)

creates evidence of any debt or creates a charge on real or personal property; or

(e)

secures or collects any of his debts or enforces his rights in regard to any securities relating to those debts; or

(f)

conducts an isolated transaction that is completed within a period of 31 days, but not being one of a number of similar transactions repeated from time to time; or

(g)

invests any of his funds or holds any property.

(3)

For the purposes of this Act, a business name shall be deemed to be registered under this Act in relation to a person, if it appears from the register that the person either alone or together with other persons is carrying on business under that name.

[Section 4 amended: No. 40 of 1976 s. 12; No. 10 of 1982 s. 28; No. 10 of 1998 s. 21; No. 20 of 2003 s. 7; No. 28 of 2006 s. 55; No. 6 of 2012 s. 16.]

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

4 Terms used