Business Names Act 1962

This section applies to a person convicted whether before or after the commencement of this section, and whether within or without the State —

on indictment of an offence in connection with the promotion, formation or management of a corporation; or

of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or

of an offence under —

section 108, 229, 554, 555, 556, 559 or 560 of the Companies (Western Australia) Code ³, section 44 of the Companies (Acquisition of Shares) (Western Australia) Code ³ or section 129 of the Securities Industry (Western Australia) Code ³; or

any provision of an equivalent law of another State or of a Territory of the Commonwealth that corresponds with any of the provisions in subparagraph (i); or

any provision of a law of the State, of another State or of a Territory of the Commonwealth that was in effect before the provisions in subparagraph (i) and that corresponds with any of the provisions in subparagraph (i); or

any provision of the Corporations Law that corresponds with any of the provisions in subparagraph (i); or

any provision of the Corporations Act 2001 of the Commonwealth that corresponds with any of the provisions in subparagraph (i).

Subsection (2) does not apply to the carrying on of business on or after the change‑over day.

Despite subsection (2A) and The Criminal Code section 11, a person may be punished on or after the change‑over day for an offence committed under subsection (2) before the change‑over day.

A person to whom this section applies shall not, within the period of 5 years next succeeding any occasion on which he is convicted as referred to in subsection (1) or, where he has served a term of imprisonment imposed pursuant to any such conviction, within the period of 5 years next succeeding his release from that imprisonment, carry on business in the State under a business name unless —

the business name under which he so carries on business —

consists of his name; or

where he carries on business in association with another person or other persons, consists of his name and the name or names of the person or persons in association with whom he carries on business,

he has obtained the leave of The District Court of Western Australia upon application made as provided by subsection (3) so to carry on business.

An application for leave of the District Court shall not be made unless the Minister has been given not less than 28 days’ notice of the proposed application.

An application cannot be made under subsection (3) on or after the change‑over day.

If an application made under subsection (3) is not finally dealt with by the District Court before the change‑over day, on or after the change‑over day the Court may decide whether, had the application been finally dealt with by the Court before the change‑over day, the Court would have granted leave under this section.

The Minister may be represented at the hearing of, and may oppose, the application.

Nothing in this section shall be construed as affecting the operation of section 5.

Nothing in this section shall make it an offence for any person to carry on business under a business name which immediately before the commencement of this section and at all times thereafter has been a business name registered under this Act under which that person was carrying on business in the State.