Certain business names to be registered
5 Certain business names to be registered
Subsection (1) does not apply to an act or omission that occurs on or after the change‑over day.
Despite subsection (1A) and The Criminal Code section 11, a person may be punished on or after the change‑over day for an offence committed under subsection (1) before the change‑over day.
A person shall not either alone or in association with other persons, carry on business in the State under a business name unless —
the business name consists of the name of that person and the name of each other person, if any, in association with whom that person is so carrying on business without any addition; or
the business name is registered under this Act in relation to that person and each other person, if any, in association with whom that person is so carrying on business,
and where the business name is so registered unless such of the provisions of section 12 as are required to be complied with by or on behalf of the person or persons in relation to whom the name is registered have been complied with.
Penalty: $200. Default penalty.
For the purposes of subsection (1) and of section 5A(2) the name of a person consists of —
in the case of an individual, his full name or his surname together with —
his christian name or names; or
the initial or initials of his christian name or names; or
a combination of one or more of his christian names and the initial or initials of his remaining christian name or names; or
the christian name or names by which he is commonly known or the initial or initials by which he is commonly known or any combination of one or more of those names and those initials;
in the case of a corporation, the corporate name of the corporation.
The addition to a business name of words indicating that the business is carried on in succession to a former owner of the business shall, for the purposes of subsection (1) and of section 5A(2), be deemed not to be an addition to the business name.
Where a business is carried on by an official receiver, a trustee in bankruptcy or a trustee under a deed or scheme of arrangement entered into under a law of the Commonwealth relating to bankruptcy, or by a receiver, manager or other person appointed by a court or under the powers contained in any instrument to carry on that business, the business shall, for the purposes of this Act, be deemed to be carried on by the person who carried on the business immediately before the appointment of the receiver, trustee, manager or other person.
Notwithstanding anything in this Act, a contravention of or failure to comply with any provision of this Act does not operate to avoid any agreement, transaction, act or matter.
[Section 5 amended: No. 113 of 1965 s. 8; No. 40 of 1976 s. 3; No. 6 of 2012 s. 19.]
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